City Council on 2026-09-14 7:00 PM - WORK SESSION - Sep 14, 2026

September 14, 2026 · City Council

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Agenda

1. CALL TO ORDER

PLEDGE OF ALLEGIANCE ROLL CALL

4. PRESENTATIONS

Public Comments are limited to 2 minutes per speaker, subject to adjustment and management of comments by the Mayor. 4a. 26-365 Presentation on Proposed Draft Code Amendments Related to Retail Cannabis Dispensaries Attachments: A - Presentation

Attachments (2)

5. ADJOURN

RESPECTFULLY SUBMITTED: ___________________________________ Sarah K. Bunting City Clerk for the City of San Leandro City of San Leandro Page 1 City Council Meeting Agenda September 14, 2026 In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid, or service to participate in this meeting should contact the City Clerk’s Office at 510-577-3367 sbunting@sanleandro.org, as far in advance as possible, but no later than 72 hours prior to the meeting. Best efforts to fulfill the request will be made. Assistive listening devices are available from the City Clerk prior to the meeting for anyone with hearing difficulties; all devices must be returned to the City Clerk at the end of the meeting. Translators and sign language interpreters are available if requested prior to the meeting. To request a translator, interpreter or any reasonable accommodation that may be necessary to participate in the meeting, please contact the City Clerk at 510-577-3367 or sbunting@sanleandro.org at least 72 hours prior to the meeting. Hay traductores e intérpretes de lenguaje de señas disponibles si se solicitan antes de la reunión. Para solicitar un traductor, intérprete o cualquier adaptación razonable que pueda ser necesaria para participar en la reunión, por favor, contacte a la Secretaría Municipal al 510-577-3367 o sbunting@sanleandro.org al menos 72 horas antes de la reunión. 可提供翻译员与手语翻译员如於会议之前提出请求。如参加会议需要翻译员, 口译员或 任何合理之住宿需求, 请於会议至少 72 小时之前致电 510-577-3367 或发送电子邮件 至 sbunting@sanleandro.org 联系市书记员。 City of San Leandro Page 2

Agenda Items

  1. 00:02:10 Report on Closed Session Actions Taken The mayor reported that precise terms of an extension were being documented for presentation at a future public session.
  2. 00:02:39 Presentations Following public comment and debate over cannabis permits, setbacks, neighborhood impacts and youth centers, council voted 4–2 to direct staff to advance option C, expanding permits and eligible zoning outside downtown with a clarified youth-center definition.

Transcript

Warning: This transcript is automatically generated by machine and may contain errors, including misheard words, misattributed speakers, and omitted passages. Always listen to the audio or video recording before assuming the transcript correctly reflects what was said. Do not rely on the transcript alone for quotation, reporting, or any other purpose where accuracy matters.
City Council work session at 7 31 I'm calling to order the San Diego City
Council today's a work session it is Monday September 14th and at this point
in time I will go ahead and lead us in the Pledge of Allegiance please stand if
you're able to. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
So Madam Clerk would you please take our role to establish quorum? Council member
James Aguilar. Present. Council member Victor Aguilar. Present. Council member
Dylan Bolt is absent. Council member Suable? Present. Council member Fred Simon. Present. Vice mayor
Mr. Mayor, Viveros-Walton.
Present.
And Mayor Gonzalez.
Present.
Madam Clerk, I guess I'll start with my announcement.
The City of San Leonardo conducts orderly meetings
to fulfill its mandate, discriminatory statements,
or conduct that would potentially violate
the Federal Civil Rights Act of 1964,
and or the California Fair Employment and Housing Act.
California Penal Code sections 43 or 415
are per se disruptive to a meeting,
and will not be tolerated.
Please see the City Council Handbook
and City Council Meeting Rules of Decorum
For more information let him clerk your message, please
If you would like to make a public comment during the meeting you can do so in person or via zoom
If you're present at the meeting, please complete a speaker card and submit it to the city clerk before the item is presented
If you wish to participate in public comment via zoom
You can use the raise your hand tool when the item is called
During the public comment session speakers will be invited to speak and will have a set time to share their comments
countdown timer will appear for their convenience and when the time is up the
microphone will be muted. All raised hands outside of public comment will be
lowered to avoid confusion. Once public comment is opened hands may be raised to
3. Report on Closed Session Actions Taken
speak. Okay so coming out of closed session and thank you public for your
patience we should have started at 5 o'clock but we got through what we needed
to get through. There's one reportable action there's not so much reportal
We are working on the
documentation of the exact
precise terms and conditions of
that extension and we will be
presenting that at a public
session in the future.
4. Presentations
Item number four.
So we do have a presentation
today and I believe deputy city
manager Eric Engelbart is here
to introduce our item on
proposed draft code.
introduce our item on proposed draft code amendments.
Good evening, mayor and council and members of the public
joining us in person online, pleased to be here tonight
to present this discussion related to cannabis policy
and potential draft code amendments.
Before we get started, I would remind that tonight's
presentation does align with the city council's
adopted economic development work plan.
And before we dive in, want to provide a little bit
of a refresher on how we got in here tonight
and some of the prior actions that led us
to tonight's presentation.
As you all may recall, May 19th of last year in 2025,
in these chambers, the council ordered
a fourth retail cannabis operating permit to nug wellness.
And as part of its action, the city council
also directed staff to bring to the rules committee
some other related items, including potential expansion
of the number of cannabis retail licenses,
along with the related process for awarding them,
as well as directive to treat other dispenser operators
comparably.
Based on that referral,
staff brought forward this discussion item
to the Rules Committee.
Approximately three meetings of the Rules Committee
between June and December of last year.
And that process culminated with a package
of recommendations that the Rules Committee
directed staff to bring forward for council consideration
this past March and March of 2026.
As we'll get into a few moments,
You'll see there were some areas within that package
where there was broad consensus
among the Rules Committee members
and there was other areas where there was a lack consensus.
Then in March, the council and these chambers
considered that package of items.
And similarly, the council,
there were some areas where the council did have consensus
and there was areas where there was a lack of consensus.
So the item was referred back to the Rules Committee
for further discussion and direction.
Based on that rereferral of the rules,
We discussed this item forward beginning in April,
and we had discussions about it in April, May, and July.
And just to get on a quick synopsis, you can see in May,
there was kind of a revisiting of some of the earlier issues,
including related to the definition of youth centers.
And there was also a proposal that was raised
at the May meeting about the possibility
of focusing cannabis retail operations
or potential future permit awards
only into certain council districts.
And then there was also a consensus was reached
to avoid and remove downtown or downtown area zoning
from consideration of potential cannabis expansion areas.
And then in July, which is the last time
that this item was discussed before rules committee.
And the committee directed us,
and this was based on legal analysis,
to set aside that proposal related
to focusing on council districts
and to instead focus on zoning districts.
And one committee member at that meeting did, again,
and raise some concerns about use centered definitions.
So out of those items I just outlined,
I'm gonna take a little bit of a deeper dive on each of them.
And we're gonna start off here with some of the areas
where there's been broad consensus,
including one of them here is what I call this
is the proposed modification to our code
that would add some additional flexibility related
to our distancing requirements for context.
As you all may recall, as a typical practice,
there's setback or distance requirements
between sensitive uses that must be retained
order for a can of dispensary to be eligible to move forward through the
permitting process but right now the code is written with very strict
requirements where we basically have to take as a crow flies distance and it can
even be from the outer bounds of property lines and so what that can
create is some it can create some real challenges and so what we're
recommending is basically to allow some modifications to that with discretion
when there's physical barriers in the way for example freeway or a railroad
track or something along those lines and again there was broad consensus to
support this both at the committee level on the council level this next item here
was the work with the direction to package in some code amendments that
would allow for the issuance of not more than two more permits so as you
recall we've already issued the council is already issued for operating permits
and so there is consensus both at the rules committee level as well as before
the council last time about increasing that to six for a total of two more
that's the universe we're talking about this point beyond the existing operating
permits that are already out there and then you can see here on the definition
of a youth center we've been recommending staff has been recommending
to clear provide a clearer codification of what's the what's the definition of a
youth center our current code is is somewhat vague in that area and we did a
survey of all the cities here in Alameda County and we did identify that the city
of Alameda went through a very robust public process with regard to how they
defined youth centers and so we've basically mirrored that on the screen
here rather than reading it aloud. I'll try to encapsulate it but the key highlight here
is essentially that if it's more than five hours a day that a particular use is basically
serving youth that would be deemed a youth center in basically more than half the day.
This slide, this matrix may also look familiar to you. It was presented here in these chambers
as part of that March discussion before council and also included in the agenda packets for
for all of our rules committee meetings.
And this is really just again a survey
of all the cities here in Alameda County.
You can see here at the top,
all those with the information filled in the cells
are the cities that allow cannabis retail uses
within their jurisdictional boundaries.
And you can see those distancing requirements.
And in particular attention,
I'd like to call your attention to these last two rows here
with information filled into the fields.
And what you'll note here is that,
as we discussed previously,
because San Leander set up its program so long ago
when we were such an earlier adopter.
And those code restrictions still remain in place.
We have what I would classify as a very conservative approach
with a very significant and expansive setback
distancing requirements of a thousand feet
from a whole range of sensitive uses.
And when you look around at the other cells,
you'll notice the more typical distancing requirement
is in the order of about 600 feet.
And that also aligns with state law.
Other cells that I wanna draw to your attention
is this residential setback,
which has proven to be particularly problematic
or some of our operators who've been seeking out
alternative locations to establish a dispensary.
And you'll see that most other cities
don't have a residential setback.
And the reason for that is because many commercial
and particularly neighborhood commercial
and other commercial corridors in our city
are set up adjacent to residential areas
to serve those residences.
You can imagine you thinking about
your typical neighborhood store, convenience store, et cetera.
They're often set up right next to the residences
in those commercial areas to help serve them
and make them walkable, et cetera.
And so that's, and that one has been particularly
problematic for some of our operators.
And that's why we're recommending aligning
with that regional context.
And so you can see here in the blue cells,
that's what the recommendation here is to basically
eliminate their residential setback
and then modify the other setbacks down
to that 600 foot standard.
This slide should also look familiar.
We did present this back in March on the left side.
And again, I want to, before I dive into these maps,
I just want to add some context.
This is kind of our best estimate of potentially eligible parcels, both on the current map
here on the left, and then the purple map on the right is what was the proposal that
was under consideration.
And as I noted in the prior slide, we have a limited number of commercial and industrial
zones that we currently allow cannabis to take activities to take place in, and this
map on the right shows what it would look like if we were to allow cannabis retail in
all of our commercial and industrial zoning districts.
But even with that said, the other caveat that's very important to be aware of is that
just because the property shows up as a purple cell here and a purple zone, meaning that
it might be...
It's really potentially allowable.
So if an operator were to come in to say apply, they would still have to go through the conditional
use permit process, which is a very expansive process that has lots of neighborhood outreach
to be native road notification and ultimately a public hearing has to take place before
the Planning Commission. So even if a property were identified that technically met the zoning
and met the setback and distancing requirements, it's not a shoe in that they would be issued that
conditional use permit and the Planning Commission has broad authority to deny it based on subjective
findings about whether or not it's an appropriate location. And of course neighbors would be notified
and have the opportunity to present their concerns if they had any. And so kind of now that I provide
an overview of those kind of different issue areas that the rules committees
been diving in on and potential code amendments. This is really just meant to
encapsulate the summary because there has been a bit of this back and forth
between rules up to council belt corals and just to kind of go over those in a
summation format again the areas where there was clear consensus back at last
December of the rules committee and that was baked into that package that we came
before you in March there was clear consensus to allow for up to two more
permits. So a total of six allowing the setback modifications to account for the
physical barriers and then to also to codify a clearer youth center definition.
However as part of that package that went to council in March there were some
of those areas as I mentioned that were net there was a lack of consensus at the
committee level including those distancing requirements that I just went
over a few moments ago in those cells that possibility of expanding the zoning
to include all commercial industrial zones. There was a lack of consensus there. And at
that time back in December there was still a lack of consensus as to whether or not to
allow cannabis retail downtown. Then when we took it to council, again these
first two cells, these first two bullet points should look familiar. There was clear consensus
at the council to allow those things including going up to six permits and allowing for the
physical barriers. But there was some areas where there was also similarly a lack of consensus
here in these chambers by the council.
And related to the distancing requirements,
the potential expansion to all those other commercial zones
and industrial zones and cannabis retail downtown.
And that's what ultimately led to it being referred back
to rules.
And so this slide here, slide 10 is really meant to provide
you this refresher as to where things,
what has happened since the referral went back to rules.
And so some areas remained unchanged.
Again, these first two bullets,
you'll see a recurring theme where there's been
Consistent direction on that about allowing two more permits and you know accounting for physical barriers
So I'd say those are like the the areas where there was there was you know broad consensus unanimously
There's some items that did change though since March as I mentioned the initial package
I went to council back in March included a recommendation from rules to adopt that youth center definition based on alameda
But then when it went back to rules for the second time, there were some concerns raised about it
The other area the change though is that there was clear consensus among all the committee members to simply just exclude downtown
our downtown area from consideration and that recommendation was also informed by
letters that were written by both the
Sandlander Chamber of Commerce as well as the Sandlander Improvement Association
Both of whose boards although they were broadly supportive of our efforts to expand our cannabis program and modify and update our codes
They were supportive of that in general, but the one area they were opposed to was allowing
it in the downtown core.
And so that information I think helped inform some of those recommendations from rules.
And then again, you'll see here again some of those areas where there continue to be
a lack of consensus that the rules committee relates to that, you know, modifying reducing
those setbacks down from 1,000 feet to 600 feet, as well as that potential expansion
to the full array of industrial and commercial zones.
So this is our last slide here for this initial presentation and what we've attempted to do
at the staff level is because this is proved to be a complex issue is to provide you with
these different option paths and the way I would kind of frame these is almost like nesting
dolls.
So you see under option A this is meant to be like the most minimal change with the simplest
path forward where there's already we've been demonstrated both at the council level and
at the committee level to be broad consensus and that's allowing for the total of six permits
and to modify the code to account for the physical barriers.
This option B, which I classify as the middle path,
is basically saying, OK, in addition to those two areas
up above here, these first two bullet points in option A,
in addition to those, we also would
incorporate an alignment of those distancing requirements
to 600 feet, just as shown in that slide 8
that we just went over that matrix,
as well as incorporating that youth center definition
to provide more clarity.
And the other thing that's similar between option A and option B is all of those things can be handled at the council level and
Here at the staff if you were to direct us to move forward say with option B
We could we could come back pretty
Pretty short order with the first reading ordinance and then your council would have exclusive domain over those amendments versus option C
Here which is the most expansive and that is basically taking these first four bullet points from A and B
And then in addition to that adding these modified zoning districts to include all the commercial and industrial zoning except for downtown
And because that I met I just started zoning code
We also first have to take that to the planning commission for their review and recommendations
And so that's really the overview of it. And I think it's also though important to take note of this last item
Essentially in order to move forward with any of these options or another option if you so chose today
we will ultimately need four affirmative votes for any action and in the absence of four votes
we will take that as direction to cease all efforts on this policy topic and so with that
that concludes my presentation but again happy to answer any questions or take a deeper dive on
these items I've just presented thank you. So thank you for your presentation we will take
questions first and move to public comment and then come back for deliberation on this item.
So do we have any questions beginning with the councilmember Victor Aguilar
Eric, thank you for the presentation. My question is I think we're given three options
Why not I know there's been discussion in rules
but did we see any issues or
Would we be able to make a recommendation or would I be able to make a recommendation to?
put forth
The Union City model which is a hundred
Feet pretty much all across across the board
Certainly, I would say that is absolutely
Within the authority and the prerogative of your council if you do want to direct us to do that
We could certainly do that and I think the structure of tonight's meeting as a work session
Really is intended to give you that latitude
So yeah
certainly if you wanted to make a motion for that and the board and the council majority wanted to move forward with that that is
the direction we could take and execute. Thank you and with regards to the city I think do we have any
any information of uh let's see they have three dispensaries that's how many are allowed by their
code okay those are my questions thank you thank you any other questions from council members
council member simon please yeah can you clarify that the 600 foot statewide requirement
as right now, San Leandro is 500 foot in one place.
So are we out of compliance with the state?
No, we are definitely not out of compliance with the state.
What I would clarify actually with that 600 feet
is the state does not get into this
like prescriptive level of detail and breaking it down.
Basically what the state is saying
is kind of a statewide standard.
If you wanna adopt, well, they're basically the same,
the statewide standard for setbacks from sensitive uses
as you, the locality, define them as 600 feet.
But cities have brought autonomy to reduce that
increase or modify it. So they don't get into this level of detail though about
oh you have to be this from this type of sensitive use or that type. They
leave basically leave it to the local authorities to define what they define
as a sensitive use. And if we don't define it then it's 600 feet. Well
ultimately I would say our we have brought autonomy to modify it. But
there's no it's not like if we didn't define this it's not like it's going to
this is going to default to 600 for residential because ultimately it relies
on our definitions, and our code already defines what sensitive use categories
it's applicable to. Okay, I'm trying to understand where does this 600-foot, where
and how does it apply, if not to us, where does it apply. Well, I would say
again, it's a deep, the state basically says, it, and when you adopt local
requirements, you should have, you should have a 600-foot, my understanding, again I
don't work for the state of California, my understanding is the default standard
is 600 feet from sensitive uses but it doesn't again the state code doesn't get into these
definitions so if we if say for example the city decided that the residential zones are
not a sensitive use then there'd be no setback from it so essentially it's deferring to the
city's to how we define what a sensitive use is got it okay thank you going to councilmember
Bowen please. Thank you Mayor. Thanks for the presentation. A few questions. When
is, to follow up on Councilmember Simons, questions around our setbacks, when did
we, when was the last time that we updated these? It's been over a decade.
Okay. These were established at the very beginning of the program and from
something like 2014. Okay, and if I remember correctly in the rules you had
mentioned that we were one of the earlier jurisdictions that actually came
up with the ordinance and so would you say that I mean even just looking at
these numbers were we more conservative in our and rightly so at the time given
the unknowns versus ones that came after us? Yes I would say we were a very early
adopter here in the Bay Area region and in Alameda County and at that
time there was no state level regulation whatsoever and so in an abundance of
caution and because we're such an earlier adopter and we had never had
this use type before and in fact that was before adult use legalization even
existed we were still in a medicinal cannabis only environment in that era
and in abundance of caution the city a double chose to adopt what I would
classify as a rather conservative setback standard and and since that time
and that over a decade that's past they say our code has remained unchanged but
the environment has changed dramatically around us. Great and one of the reasons
why you would go back and adjust change iterate is to identify things you didn't
know before or how things could be improved and so in looking at the
potential changes what can you share would be some potential advantages or
benefits of making these adjustments to the setbacks or increasing the potential zoning
to other areas. And then specifically what sort of challenges would these solve? If you
Yeah, sure. So I definitely start off there's a number of areas here and benefits to the
both the city as well as our industry partners. So if you were to move forward with these
recommendation shown in the blue cells.
First and foremost, referring back to that second slide,
we have an economic development work plan
that's been adopted with goals
to support our business community
and support a dynamic local and thriving business climate.
And one of the challenges is based on feedback
we're hearing from some of our local dispensary operators,
some of whom have been looking for other sites
to find an alternative site,
as well as some other potential perspective retailers
who would be interested.
And the feedback we've received from them
essentially when you overlay all these setback requirements it just it really
it just narrows the map and so for example you can see here on the right
side you have this list of all these commercial industrial zones where we
allow it technically but when you overlay all the setbacks you essentially
create a de facto ban in those areas in spite of the fact that we say it's
allowed there because when you just overlay all those circles it really just
tucks tucks all of it into certain to our industrial areas and in particular
for example, all three of our current dispensary operators
are basically in one council district right now
and council member Victor Aguilar's district presently.
And that's, I believe, a part of the function of that,
just the tightness of the map.
And so that's kind of what's informed these recommendations.
And basically the other issue is just from the members
of the public, either medicinal patients
or just retail adult use customers,
the challenge is that it's all kind of clustered
in that industrial core area.
And so that other members of the public
who live far away who were in the city
have to travel greater distances
by virtue of all these setbacks,
which is basically disallowed the ability
to have these dispensers distributed further afield
in different parts of the city.
That's super helpful.
And then the last thing is on slide eight.
And we could even, if possible,
to zoom in on my district, for example,
District Five on the potential new slide.
At the bottom of the slide, I just wanted to ask
for further clarification just because we've had
numerous conversations about this
and because the rest of the council is not...
Actually, only two of the other members right now
haven't been in these in-depth conversations
on the rules committee, but it says viability
could be further impacted by individual site constraints,
excludes youth center overlay.
Can you clarify, I think I understand what the first part is,
can you clarify that second part
then kind of walk me through what this map actually means because I know those
purple businesses that area really well in my district and if I were to go point
by point along our setbacks I'm not sure one could even be eligible in the
majority of District 5 even if we said it could expand that way I just I want
to make sure we understand what this map actually means certainly happy to
address those those comments and questions so yeah I think first and
foremost what our GIS staff mapping staff attempted to do is to overlay the
all the commercial and industrial zoning districts and the parcels that lie
within them and then apply the current thousand foot setback requirements and
then in addition to that well where where was it where it was able to do so
and then it but the challenge we've had a couple challenges one is the youth
Center overlay they weren't it wasn't even possible to overlay that because
by virtue of the fact that we don't have a clear definition what constitutes a
youth center and that in some kinds can become to the eye of the beholder in the
absence of a clear definition right giving an example of a gymnasium that
might you know for one hour a day offer youth karate lessons well suddenly is
that to some people that might be a youth center or they you know they sell school
uniforms for youth is that a youth center right in the absence of clarity
So we didn't even attempt to put that overlay on there. So that alone could could disallow quite a few of these parcels
the other issue as I mentioned earlier is
The conditional use permit process is very robust and in addition to that's just to apply to get in the door with a violet application
Essentially, you're gonna have to demonstrate that you meet the setback requirements
But that's just step a in a long list of other steps
You're gonna have to go through with that neighborhood notification as well as subjective
Findings that the planning Commission's gonna have to make that are very subjective and they're not even numerical based
They're just talking about is this an appropriate use is this an appropriate location to have cannabis?
To the neighbors have concerns about it notify all the neighbors see what the community thinks
And so there's broad discretion on the part of the planning Commission to deny a site
Even if it shows up on this map and then lastly the other piece that we haven't gotten into tonight
But we've discussed in past forms
Relates to just the landlord challenges that this industry faces and by virtue of the federal issues and the federal status of cannabis
Our understanding is the many properties if they have a federally backed loan
The landlord is unable to even rent to a dispensary use so that that right there also will basically disallow
Huge sloths of properties you really get low like kind of reduced down down to either
Property owner who either owns the property outright without a without a federally backed loan
Or they or the property owner just owns the property free and clear
And so that also will make it difficult and then some landlords even if they meet those criteria
Just don't want this use type
And so when you overlay all those things really is what's gonna happen is this map is gonna become sure it's gonna become smaller
It's smaller and they really are gonna become just little pockets of eligibility. So again, I don't want this map to be
perceived as somehow any any single parcel shown in purple suddenly gonna have a dispenser there and keeping in mind that the
Recommendation from rules was only two more permits at this point
So we're talking about the whole universe of the city. We're basically talking about two more permits beyond this
Okay, I just have one more follow-up, but I can go back around
Why don't you go ahead and take it right now?
It sounds like with this excludes you center overlay because we don't have a definition of it
It would be necessary to have one to actually I guess if we don't have one
Is there not a setback requirement for you center currently?
And that's why we can have it in the one on the left
But what I would say is this we currently do have a youth center setback in our code, but the challenge is that
And we're at a thousand feet
But essentially the way we do that through analysis is when an application comes in and we actually have a property identified
with a landlord letter saying they're amenable to the use they've come in the door at that point then our
Planning staff when they're processing that permit can look at it site by
Specific and they can draw the thousand foot radius around it and then they can really hone in on what's around there
And then you can get into that whole discussion
and conversation about is this a youth center or not.
I mean, we have some, we do, I believe,
have a nominal minimalist definition about, primarily,
about serving youth, but it's, it opens,
it just leads to a lot of ambiguity,
and so that's why we're recommending more clarity,
as well as also to make it,
because by virtue of the absence of clarity,
it also just, it potentially disallows so many more sites,
and based on that feedback we've heard
from our industry partners is that it just,
it's really difficult to find a viable site right now,
So we're trying to kind of address some of those concerns that have been raised and
And open up the map a bit more with different tools that are available in our toolkit using practices
We've identified from other neighboring jurisdictions. Thank you
So do we have other questions it does not appear that way
Okay
Council member seven, please. Can you show on the map to the left where all the existing?
the spintries are located just kind of point I mean they're both they're
basically all tucked into district three so I can tell you offhand I mean the
address they're basically there's one on well we have okay so we have no this is
not to pull this from memory but essentially they're all tucked into
district 3 I can just tell you that they're all tucked into these industrial
areas here so there's one on fairway we have another one on verna court which is
off of Marina Boulevard and then can you point to it with your alvarado with
your mouse tea garden excuse me tea garden okay so are are there's only one
of them west of 880 or are there two west of 880 I believe it's only harbor
side that's west of 880 on marina Boulevard okay okay so there's we can
to pull up the addresses.
Two west, that's okay, two west of 880
and how many are east of 880?
One. One.
There's actually three in operation right now,
although there's been four operating permits issued.
Okay. Are there any in the works?
There is one pending application
that's scheduled to go to the planning commission,
I believe in the fall.
I'll look to our planning manager
to provide a status update on that.
That's correct, we do have one application process,
which we do anticipate coming forward
to the planning commission sometime this year.
Where can you can you share where that one is proposed?
Let me find the address. It's
Thank you, is that the end of your question? Well, I'm just curious to the north. There's such a large
Orange area and there's nothing up there. I'm just curious. Why is there nothing to the north?
And they're all clustered in that kind of I
Don't want to speak for our dispensary operators
And there's a number of them here in the audience who might be able to speak to it during public comment
but I can just share that, you know, they I know that it was challenging for all of our operators to find viable sites and
get through that conditional use permit process and like the tightness and the conservative nature of our map with a major factor in that
coupled with those other issues with the federal
You know prohibitions etc and the other they're just the challenges of the landscape in general finding a landlord or a property owner
Who's amenable to having this use type
Are there set back restrictions to the north the orange areas in the north that shrink it down considerably?
When you say the north are you talking? I mean, there's five
District six. There's a lot of orange
North there's a lot of all that. Yeah, why I can't speak to I mean
I'm hesitant to speak to why the private but from a setback restriction you said setbacks can really shrink this down correct
So this is a generally a very industrial area you have like the I think it's called the Adams tracked over here in this area
Which is very heavily industrial and so they don't have as many of the setback issues because it's primarily industrial uses out there
They don't have churches and centers and things of that nature back there because this is really tucked up in a heavily industrialized area
And I know I can share it back ten years ago when the applicants were initially looking
I know they were a number of them some of them were scouring this area for available property
and they just weren't on it.
My understanding, my recollection,
is they just weren't able to identify a property
that was for sale or for rent
with them at the other criteria.
Okay, so I've got one question,
or one series of questions specifically
around the youth definition.
I wanna make sure that I understand
what we currently have.
When I see that first line,
I see the word exclusively.
So I wanna, so first line,
use center means public or private facilities exclusively used. So if I have a let's say
a martial arts studio or a dance center that primarily serves young children, but they
do offer an adult class for the parents of the children, that would no longer fall in
this exclusion, even if that's what they do full-time, there's lots of kids there
and all that kind of stuff, that word would mean that the moment they offer
any type of adult programming, they are no longer considered a youth center as
written right now. I would point to the language of the text, I'm sorry, I would
just point, yes, I would point to the text of what's borrowed here from
from the city of Alameda. I acknowledge that there's different ways one can read
that but I don't disagree with what you just described.
And then the second thing that has bothered me
for months and months and months is the B part of this,
letter B.
So a youth center does not include any building location
or facility where any programs, activities or services
involve martial arts, combat sports,
cultural or similar education or physical fitness.
So even if you're doing all of that with youth,
it's no longer a youth center.
Is that, am I reading that correctly as written?
I don't disagree with your interpretation of the code.
And I would share it to the extent the council
desires to recommend changes to this code
will certainly take that direction.
Perfect.
At this point in time, we'll take public comment
on this item.
Mayor, we have received four comment cards
from in the room, and there's presently two hands raised
online.
We're going to begin in-person.
Our first in-person speakers.
I'm going to pause you for just a second.
If you would like to speak on this item online,
now is the time to present yourself,
because I may adjust the time slightly.
I want to know who's going to be speaking, how many total.
currently have three hands raised. Okay we're going to give you ten more
seconds because we're going to identify those people and then we're going to
create a little bit of latitude here because I know this is a slightly more
complex topic. Okay so who are our online public speakers because I want to take a
note of them. They are Douglas Spalding, Steve Schneiderman, and San Leandro
Chamber of Commerce. So those are the three that have identified themselves
for public comment. Let's actually begin with them. They have three minutes. Our
first online speaker is Douglas Spaulding. Well thank you very much Mayor.
I lucked out because I'm supposed to be in a different meeting and and good
evening everybody. Well I am certainly someone who has supported the
legalization of marijuana and I personally I became convinced of the
need for medical marijuana when my dear very dear friend Rose was diagnosed some
years ago with glioblastoma and and while never having been a smoker of
marijuana or anything that was the only relief that she could find before she
she eventually passed away. I appreciate your efforts. I think it is important to
regulate this market and these businesses. I have to say, from my
standpoint as a teacher, the whole debate about offsets
impresses me as being rather meaningless.
Kids don't generally obtain marijuana
by hanging out outside dispensaries.
They get it from home, from their parents or guardians
who've gone to the dispensaries.
I'm not terribly worried about
crimes surrounding these locations.
I think our police department has that.
I mean, I know crimes have happened,
but I think they kind of have a good handle on that.
But I am questioning the number.
You know, like, we got one high school,
we got two middle schools, we got three fire stations.
Do we really need six dispensaries?
Seems like we're starting to rival
the number of boba joints in town.
So, you know, I understand the attraction.
We're trying to get business to drive up city revenues.
But, you know, I just think,
can't we focus our efforts elsewhere?
I don't know that we need a fifth and a sixth dispensary,
and at what point does it become like saturation?
At what point are you kind of, when I say suppressing business,
depressing business for these potential dispensaries?
So those are my thoughts, thank you.
Thank you.
The next online speaker is Steve Schneiderman.
Hi, thank you very much.
Good evening, everyone.
I'm Steve Schneiderman, VP of Corporate Development
with Harborside, where I lead our retail expansion
in California for our parent company, Statehouse.
I'm here tonight to discuss two key points.
One is our search process for our second location
in San Leandro, and number two,
why the map needs updating.
So we have run a real structured search.
We've hired multiple brokers,
took a look at numerous properties,
walking them, inspecting,
and taking a deep dive
into the city's commercial corridors.
So as Eric pointed out during his presentation,
cannabis zoning is extremely limited
and has resulted in very few viable options
of which almost none of them clear the setbacks
as are currently written today.
As an example, every potential lease,
and we've acquired about in the last eight months
within the currently zoned areas
have been rejected because of cannabis.
The commercial math and the cannabis rules
are pulling us in opposite directions,
and the rules win every time.
As such, we're not here with a specific address this evening,
and that's simply the honest situation.
It's not a gap in our effort or a gap in the market.
It's a gap in the map.
And, you know, if I'm being honest, you know,
that map was built for a different time
because our license year goes back 10 years.
When cannabis was new,
a lot of people were uncertain about it.
This is why operators like us had to go
into those industrial pockets off the main corridors
away from the residents we surf.
It was an understandable instinct then,
but the ground has shifted.
Cannabis is being rescheduled as we speak
on the federal level.
And despite that progress, the rules have stayed frozen
while the reasons behind them have moved on.
Updating the map isn't undoing anyone's work.
It's letting the zoning catch up to today's environment,
or in some cases, just letting us go across the street
from where a currently permitted zone is.
Bottom line, we support expanding the zoning
and adding setback flexibility
where there's a real physical barrier that exists.
And it's consistent with Eric and the staff's
own data-driven analysis points.
The market's ready, we're ready.
We're just missing a workable map.
Give us one and we'll bring San Leandro
a location council can stand behind.
Thank you.
Thank you.
The next online speaker is San Leandro Chamber of Commerce.
Hello everybody.
Good evening, it's Emily Grego,
president CEO of the San Leandro Chamber of Commerce.
We submitted our position to the city council back in March
and I sent you all an email earlier this evening,
just kind of restating that position,
which is that we support modernizing the ordinance
and aligning the setbacks with state standards,
allowing additional permits and expanding the areas
where cannabis can operate.
with one caveat that is we, which is our downtown area.
So the chamber is not opposed to cannabis
or cannabis businesses.
We recognize it's a legal business
and it should be able to operate in San Leandro
and have more opportunity.
But we also know that our downtown has been working
for many years now to bring this vision to life
of a revitalized downtown that's pedestrian friendly
and family focused.
And so we want to find a balance to support both of those.
So that's why we've supported it as much as possible
without it going to downtown.
And I believe that's where we're gonna stay.
I know that we also serve, I serve on the SLEA board
and I know that that's where they are.
So that's what we'd like to see.
This vision that downtown has had for a long time,
we want to see it too fruition.
And I know that there's been some arguments
that folks will come downtown
that go to their cannabis retailer
and then they'll spend money in our restaurants or whatnot.
But I've talked to surrounding chambers
that have cannabis in their downtowns
and they said that's not really what happens.
So that argument, I don't know
that we've seen enough evidence
that that's a viable reason to bring it downtown.
So we say, Canvas, please, you know, yeah,
let's expand the ordinance or modernize it,
whatever the word is, and more permits,
if that's what's necessary to create more of an opportunity
in San Leandro, and then align with the state
because it's a lot easier to manage an ordinance
when all the businesses know what are the rules.
So let's just go with the state and leave it at that,
but that is where we are.
Thank you.
Thank you. Mayor that concludes our online raised hands. So we will close
public comment online and bring it in person. Thank you. Our first three in
person speakers are Gordon Galvin followed by Nicholas McIntosh followed
by Marco Rivera. Good evening, Mayor Gonzalez, members of City Council. I'm
Gordon Galvin. I'm here this evening representing NUG Wellness and we're here
tonight to ask you to initiate a process with regard to the third cannabis
permit issued in San Leandro. This permit was issued almost a decade ago to Blum
who is now out of business and no longer holds a state license. However, they have
sold or transferred this San Leandro permit twice. The current permit holder
has transacted hasn't transacted business in San Leandro and has never gone
through the process that harborside and we went through to become licensed. I'll
just say at this point I have multiple liquor licenses and I've bought some
from restaurants or bars that have closed that didn't preclude me from
going through the process even though I have a liquor license I still have to go
through the same process, the same background checks. But more importantly,
no business has been transacted under this permit for 19 months and counting.
That's three times the length spelled out in your ordinance as grounds for
revoking the permit. Your ordinance states clearly that revocation can occur
after six months of a license being dormant.
Now it's come to our attention that this group
is applied to go through the CUP process for a new location.
What we're asking for here is there to be some process
regarding the status of the license
before a CUP process can be considered.
We have provided written correspondence about this subject
and we can provide it again to the clerk tonight
for distribution to you.
Further, on the broader spectrum
that you're talking about tonight on the ordinance,
we would offer a suggestion that you consider
a 1,000 foot distance between dispensaries as well,
to allow for dispensaries to locate in other parts
of the city and not be clustered together.
Those are my comments.
Thank you.
The next three speakers are Nicholas McIntosh,
Marco Rivera, and Nara Delbaca.
Good evening.
My name is Nicholas McIntosh, and I am representing harborside.
I'm here to tell you guys about the opportunities
that that club has given me.
I started from nothing.
I started from a temp agency.
and they seen how hard and how diligent,
how non-complacent that a person can be
and what it can do for a community.
Just coming from the youth
and coming from a very hard street
to becoming very successful in life.
This club gave me the chance to become successful.
I am now the operations manager there.
I operate all over the company.
I take care of all facilities as well as take care of anything as far as our employees,
the employee morale.
I believe that this club, our club Harborside can boost up the morale in the city.
It can honestly bring the revenue that the city is actually looking for to help the city
become way better than what people will honestly think.
When I first got to San Leandro,
I thought it was just a beautiful city that is upcoming.
The people here are very beautiful.
And if we give them the opportunity to join cannabis,
I think that it would just become more of a livable,
I would say, because it would be fun.
they would be upbringing, uplifting,
that's where it brought me to.
It brought me to becoming more of a uplifting person.
I come out here and I try to reach out to the community
and I try to give them the same opportunity
that was given to me.
And all it took was somebody to step to me and say,
here, we're gonna give you a shot and a chance.
So now they put me in the position
to handing out jobs and saying here
to whatever stranger that comes up.
And here's a job.
We're gonna give you a chance at success.
We're gonna give you a chance to change
and not just change yourself, help change the community.
Thank you for your time.
Thank you.
The next two speakers are Marco Rivera and Nara Dabaca.
Good evening, mayor and council.
My name is Marco Rivera.
I'm the district manager for HarborSight.
as well. With the short time that I've been in the city as well, we've experienced not
only major setbacks. One of our biggest setbacks was our opening times. While our competitors
were open an hour earlier than us, we were able to come and connect with you guys and
and we were able to get in line with our other competitors
and open at 7 a.m.
Opening at 7 a.m. has brought our business week over week
over 20% business revenue.
And I think it's, you know,
kind of what Nick is saying is bringing the opportunity
for business development to our city
and the people that we serve are,
you know, our day to day, you know, nurses, teachers,
you name it, we always serve them at our club.
And they realize that the friendly and kindness people
that we are, and we wish to bring that
to different parts of town, the east side, north side,
whatever you guys can comply with us and help us out.
Running a cannabis business is one of the toughest,
I would say a tough business to run,
And just certain limitations as well within the city
sets us back much more than that.
Same place coming from Nick, I started a line level position.
Now I'm the district manager, creating a career path
that a lot of industries don't even let us enter.
as the Bay Area, like a lot of tech businesses
and things like that.
The cannabis industry is also growing.
And we face challenges where we can't promote on the internet.
We can't promote outside of our shops.
Signs get taken down by other businesses
because they don't wanna create that aspect
that they have cannabis around in the premises.
We can't go to public eventings
and even let them know that we're there.
So expanding licenses is going to help us promote our club,
promote the kindness that we bring to the city,
and show that we're here for the growth of the city
and business developments.
Thank you.
Thank you.
The next speaker is Nara Dalbaca.
Hello, good evening, Mayor Gonzalez, members of council.
We've been here a lot, been to rules a lot.
This conversation started because NUG was granted
second location last summer and we came to that meeting
and asked for an expansion in the name of fairness
that if one long-term operator received a second location
that the other long-term operator would also be able
to have a satellite location in the city.
That fairness issue hasn't been addressed yet,
so we are still asking that the city grant
a second license to Harborside,
and in order to address that,
both NUG and Harborside went through a rigorous process
in order to get approved to run in the city.
They've both been long, compliant operators,
and Harborside would really welcome the location,
the opportunity to have a second location.
So I did want to talk about that.
That was part of a letter that I sent back in July.
Again, asking the city to reserve
one of those additional licenses for Harborside.
Right now, you're right.
The cannabis businesses are clustered
in Councilman Bragular's district,
Councilmember Victor Bragular's district.
Folks on the north side of town, on the east side of town,
probably go to Oakland, or they go to Hayward,
or unincorporated areas, or they buy from their plug
down the street.
I mean, there's a reason that there was a proliferation
of smoke shops selling untested cannabis products.
And that's because there was a need for additional access.
And those are businesses that don't check IDs.
They're not testing their product.
And that's where E-valley came from prior to COVID.
I don't know if we remember E-valley,
but folks were getting really, really sick
because they were buying untested unsafe cannabis.
And that is for sale at probably every smoke shop
in the city right now.
But licensed cannabis isn't,
and it isn't in some of these areas
where they'd like it to be.
Harborside has looked at talk to some
of the larger property managers in the city.
of the city. Um and so I think
anyone who has a federal loan
on their property can't lease
to cannabis. And so it's very,
very hard to actually identify
a property where there's a
single owner. Um and they can,
uh, they can actually their
lease or purchase it. Um, so
the setbacks definitely need
adjustment. Um and, uh, to
answer one of the previous
is to ensure that Harborside is given the same fair shake that that nug was given and the opportunity to open another location that isn't clustered in the same place where all the businesses are cannibalizing each other.
Mayor there are no more cards. Okay, so we will close public comment at this time. We'll come back to council members for discussion of our options or possibly a modification of one of the options that's up there.
Councilmember Victor Aguilar. Thank you Mayor and thank you for the public for
commenting. My question is with regards to option C. I just need some
clarification with regards to in addition to bullet points in option B
does that also include option A to allow the for the issue and so if I say
let's go with option C which includes the bullet points in option B does that
also include allowing the six from option A. Yes. Okay. Yes. So C includes all of A and
all of B. So I think we've I think we've heard from the community. I think you know we in
San Leandro we are probably one of the most restrictive as to where we allow cannabis
to be sold and when a few years ago you know I love going to Thailand and
exploring and there was there was a point where cannabis was not allowed
never allowed it now I go back and there's literally a cannabis shop on
every corner so you know they say the revenue that they're making from it and
and how it's impacted and crime has not increased.
I think cannabis has this negative connotation.
I think we're moving towards, it's just medicinal.
And we're trying to make sure
that we're taking into consideration
that we're not selling it next to schools.
But I think this is something for rules or planning
that we lower the setback to 100 feet.
I would advocate for option C for the most expensive
with 100 foot setback and to allow for downtown.
Get rid of that except for DA downtown area.
I mean, that would be, my motion is to move forward
with an option C and strike out except for downtown,
but to include downtown.
That's my comment.
Thank you.
Anybody else want to speak on this item?
Councilmember Bowen.
Yeah, I have a question around the operating permits
versus the CUPs.
Is it, do we currently, do we have a cap
how many conditional use permits we can give. Thank you council member or vice
mayor for your kind of council member for your question. So basically we have a
de facto cap on the number of conditional use permits by virtue of the
fact that you one needs to have an operating permit from the council before
it's even eligible to apply for the CUP. So we would not have to change
anything for the CUP. Correct. Because we said four back last summer
It's now for correct. We just need to be able to find a fourth location or a fifth or six depending on the number of
permits and
The allow for the students of two additional cannabis operating permits for tool six. That's based on
past
Discussions by the City Council and that's why the number is six
Yes, thank you
And just quickly to clarify
Are you saying that?
To have a
There's a trend identify a fourth location right now is the operating permit by location or by operator
It is by it is it is the operating permit goes to a business entity
With no location tied to it and in order to effectuate the operating permit and actually open one stops for business
One has to then go get a conditional use permit from the planning Commission with an unidentified site
and just one last clarification. Does each location, physical address need a
separate LLC or legal structure? The CUP is really authorizing a land use. I'm
sorry I'm talking about operating permit. So just for example, so hypothetically
that we have an entity that has the permission to operate in the city as an
operator. Can they, because we currently only have three locations, can that
operator say, hey, I want to open up another location without getting an
extra operator permit? The only way they could do that is if they ceased
operations of their existing site currently, because each location requires
a separate operating permit, but they couldn't, yeah. Okay, thank you. I just
want to make sure that every location requires a separate operating permit and a conditional
use permit. Correct. Thank you. So is there any clarification that's needed on that? Okay.
Thank you. Are you done, Councilmember Bowman? Okay. Thank you. Coming to Vice Mayor. Thank
you. Just a one, my gratitude to the representatives from the industry that came to all of our
Rules Committee meeting and to my colleagues that serve on Rules, thank you for getting
us to this place. One, I wanted to get a little bit of clarification on slide 6, which is
the definition of a youth center. And I'm also concerned that the word exclusively,
I think I would be supportive of something
that is like primarily.
I don't know how that would kind of,
how one would measure that, but it's just, anywho.
And then the sentence where youth centers,
one, two, three, on line five,
youth centers does not include any building location
or facility, and then there's A, B, and C.
I understand why the private residents,
but I'm just trying to,
this is stated in the negative
and I'm trying to kind of understand what it actually means.
Can you give me an example or I'm just trying to,
I'll just be explicit.
I don't quite understand it in the negative.
Can you explain it in the positive
so that I can understand what that means?
Thank you, Vice Mayor, for your question.
What I would share is this is right now essentially cloned
precise language from the city of Alameda.
To the extent council members have concerns
with the way this is written and I acknowledge
it's somewhat inartful.
To the extent you all desire to have changes,
we would absolutely take that direction
and make changes to it.
Okay, so then to the chair,
can I ask our city attorney what,
can you explain then what this language would mean
in the way that it's currently drafted?
Yes, Vice Mayor.
So, youth centers first are defined in the first sentence.
It doesn't, so youth centers do not include,
and obviously it's a building location or facility,
where those activities does not include,
are offered to private residents, obviously, right?
Then the youth centers also do not include those
that involve in martial arts, combat sports,
cultural, social education, or physical fitness.
And then the final one is that
we're programming for youth are offered
for fewer than five hours per day.
So the exclusion of those items means
that a building, facility, or location
could be one of those areas
where a cannabis suspension operation could locate next to,
if it was a private residence that offered
a martial arts combat sports, yes,
or a location where there was some activity of that
that was less than five hours,
offered for fewer than five hours per day.
So that means that it's not a use center.
A cannabis operation could be close to those locations
under this definition.
We could clearly make it an affirmative
And as you know under the, if this were to not be,
this is not going to go in the zoning code.
This is just want to confirm, we're not gonna,
we're gonna change this to be operative in the,
in the Munich code.
If it were to go in the zoning code,
then we would make it, it would have to be permissive.
So we would have to define that this is the allowable uses
for land.
And I mean, certainly if that's the council's wish,
We can, it would be a longer process.
We'd have to go to the planning commission, et cetera.
So if we could redraft it so that it would be
in the affirmative to the exclusion of all other uses.
Thank you, thank you.
Those are, that's just my question on that.
I think redrafting this in order for clarity.
I know that it was lifted from Alameda as a model.
This whole thing about martial arts,
that seems very specific to that jurisdiction.
I don't necessarily think it applies that much to, anyway.
My other comment is just in terms of getting us to,
just for folks to know where I stand,
I am supportive of option C as it stands
with the, that includes the exception of the downtown area.
I think that the constituents that I represent,
both businesses and other folks who live around that area.
But only within, to be clear, the downtown area
is already an area with defined limits, correct?
So can you define for, I'm sorry, Eric,
I told you I was done with questions
and then I'm not done with questions.
Can you remind us of what that would define it?
Absolutely, excellent question.
Thank you, Vice Mayor.
Yes, the DA zoning district with downtown areas,
what the DA stands for, is clearly defined.
It has very clearly defined meets and bounds
that's adopted in our code and it has a clear boundary.
If you give me one moment, I can actually,
if you want to see a map of that,
but otherwise I can answer affirmatively,
it's clearly defined, there's no ambiguity.
There's a DA zone and we could take that out,
so it's not allowed there.
Okay, it was provided in the previous presentation
and then also in the rules,
So no need to pull it up.
So thank you, Eric.
And I know I'm out of time, Chair, Mayor.
I just wanted to let, for the purpose of getting consensus, I'm supportive of C. I don't feel
strongly about maintaining the state 600-foot standard.
I'm amenable to lowering that.
I don't know about a hundred, but I'm amenable to lowering it to below 600.
But I am firm on the exception for the downtown.
Thank you.
I was a little bit unclear on your commentary regarding the youth definition, kind of where
you ended up there in particular.
So let me punch you back in.
You're asking where I stand in terms of the definition as it stands.
Because you asked the question about exclusivity.
You were exploring a little bit about the martial arts.
And so I wasn't quite sure what the outcome of that is.
Yeah, it's not necessarily a holding point for me.
I just want the definition that is sampled here
is not really clear.
So that's where I was going with that.
Thank you.
Councilmember Bowen, please.
Thank you, Mayor.
We've had seven meetings about this,
and I've learned a lot about cannabis in the last year,
so thank you for the education.
One of the things that we talked about in the very beginning,
and I tried to parse out tonight,
was why we're talking about this,
and why it would help us as a city,
and what the problem we're trying to solve for,
and what was repeated over and over again
by both city staff as well as public comment
was the very conservative nature of the map
and obviously the more conservative nature of the ordinance
and obviously being able to modernize that.
If we are going to increase the number of operating permits
and not increase where you could possibly find
a viable location, all of this to me
would have been a waste of time and energy
because I'm not so sure if we're not even able
to find a fourth location in any sort of like,
it's gonna always be a long process,
but unless we're, I don't see how it is viable
to be able to do so without updating
some of the setbacks and expanding the modified zoning.
I'm supportive of option C if we are going to be making changes to this ordinance so
that it actually keeps up with regulations, economic development, our city plan to be
able to make this more viable and support this industry as well as really where the
nature of residents and the population is, and the fact that it is highly regulated.
And in terms of the definition of youth center, I'm glad to hear the mayor speak specifically
about some of the issues that are called out. We were not able to do that in the rules committee.
I am actually fine with the definition. And the reason why I am saying I'm fine with it
is because there are so many setbacks and there are already so few places that would
actually be viable and it still has to go through the planning commission. It still
has to go through the landlord challenge I think that we're spending a lot of time and
energy talking about something that is actually not as problematic as we are making it out
to be and that's why I'm supportive of option C I think at some if I just I want us to be
able to move forward with this so I would make a motion to move forward with option
Okay. Councilmember Simon. Yeah. The first item I'll hit on is I'll back up a little
bit. We received a letter from the manner homeowners association. They had a discussion
on this topic of expanding the area for Land O'Kevins at a HOA meeting this year. And the
entire meeting, everyone in the meeting was opposed to it. They sent a letter to the council
few weeks back and documented that. So I'm supporting the manner and I do not support
option C. I don't want to force this on any one community just like the downtown area
doesn't want it forced on them. I wouldn't want to force this on any area that's not
comfortable with it. I think that's fair for the downtown association, downtown area to
do that. And if that's the case, I wouldn't force this on any community. That's why I
not support option c and I had brought this up as an option in rules if there
are certain council districts like councilmember Aguilar or councilman
Bowen where their communities are open to it then perhaps allow it there that's
fine with me but I understand maybe you could provide some feedback is that
legal is it not legal now where are we with that so I'm gonna come to legal
counsel on that and what's interesting about your question is framed is there
we talked about the zoning and we talked about the muni code and so can they
perhaps you can answer the question in the context of both if there's if there
is a difference because the zoning code and the muni code are tied that a
operator can't operate without both complying with the zoning code and with
the muni code there's no operable difference mayor so as we pull pine
before it is not a recommendation from staff or from my office that they be
defined by zoning districts it's rather a land use decision as to where to cite
them and it's better regulated under the zoning code as far as the conditional
use permit requirement because the cannabis permit is in is a business
permit it's an operating permit but what we're really talking about but you're
really looking to from a policy perspective regulate is the land use
locations and so that the council can direct staff to come back with
particular land use recommendations maps etc that to reflect the policy
choices that you all want to decide upon even if it pertains to how districts how
they fit within districts but that would be better handled within a land use
just context and discussion.
Okay, so if Councilmember Bowen's area,
is that the Broadmoor or Durant?
Whichever area you're referring to,
can there be a zoning district defined for that location?
I'm just trying to talk out loud here.
No, no, no, no, no.
So that's the question I think is to the city attorney
and or to city staff in general.
can we define a zoning district that ties to,
let's say, a particular set of streets?
And I think the context that I would add to that question
is that we clearly have a downtown zoned district,
and that's based on a geography.
Right, and that's within the context
of a council member's interest.
Like, I don't wanna step on Councilmember Bowen's area,
But where she's interested, can that be designated as a zone?
So I want to start with legal counsel and then move to,
you know, you can ponder, you can get collaboration,
you can phone a friend, whatever the case.
But I think that the question at its core
is, could a zoning district be defined
in a particular location?
That says the cannabis sales zoning district.
So the answer is, that is possible.
but again, it would take some analysis
and sort of fundamental planning policies
that you want to avoid spot zoning, of course.
So then, but it's not out of the realm of possibility
that such definitions could, for zones could be made.
I would want to point then to your staff
that they need to conduct the analysis
and again provide you with a map
to show you what available districts there would be
that would help define what those zones could look like
and what's affected.
And I'm sure your staff can be able to answer more
in depth about that.
I'm gonna actually start with city manager
on how you'd like to proceed with the staff,
other staff people on that question.
Thank you, Mr. Mayor.
Thank you, Council Member Simon.
What I would say is if the council provides direction
that it would like staff to look into
what a cannabis zone would look like
or some other title, then staff can work on it.
But I think right now in the moment
to opine on what area and what that will look like,
we would need to do some research.
Okay, thank you.
Well, that would be my recommendation
is for staff to come back with some,
whatever that title is for cannabis zoning areas,
for those areas that council has an interest
place in cannabis rather than blanket you know a blanket expansion so that's
my recommendation there the youth center can I continue or should I wait? Yeah just
continue a bit okay give you a couple minutes. Youth Center definition I would
like to tighten up I would agree with the mayor on his concerns and
interpretation there I think it's a bit loose martial arts and for etc on the
third is I did want to hear a little bit about the the bloom issue that I heard
from some of the speakers today and if maybe your staff could elaborate a little
bit more on what's going on there if there's a permit that's been open for a
while there's been no activity why some operators are so if you can so there's a
general question we have to be sensitive to discussing the item because it's not
We're not agendized, but we're going to probe a little bit.
Thank you, Councillor Simon.
Happy to address that question.
So both our Munich code, as well as our zoning code,
both include language related to the revocation process
for both operating permits and for conditional use permits.
And really, in the operating permit language
that lives in the Munich code essentially just refers back
to the zoning code provision.
essentially what it says is that once the land and this is required of all
conditional use permits citywide of which there are thousands that have
probably been issued over the life cycle of the city if no more has a provision
that says after 180 days if a use ceases to take to exist on site basically
if it ceases operations it's potentially eligible for a revocation process but
it's not an automatic thing it's basically it says it's eligible for
And so that's why referring back to our presentation last May, when we brought forward the award
of the fourth permit, and the council was deliberating on that proposal, we flagged
that issue for the council at that meeting in that slide deck and noted that the bloom
operating permit was eligible for revocation, I think it was June 30 of 2025, and then we
would look to council direction if the council wanted to direct us to initiate that revocation
process, but again, it's not automatic and as you can imagine there are numerous examples of
Conditioning your birth use permits all over the city
They may have potentially ceased operations and it's not a city practice to just proactively go around and digging through records and trying to find
Expired permits and then bringing forward a revocation process. So it's it's
Yeah, I think that covers that. Hopefully that answers the question
So it's not automatic and ultimately we would staff level would look to the council to direct us to initiate their revocation process
Which is our standard protocol for all?
conditional use permits
So I'm going to jump in quickly just because I haven't had an opportunity to speak on this item then I'll come back to you council member
Victor that I
Am quite sensitive to the the youth definition. You've heard me talk about that for for you now and my sensitivity really focuses on
the martial arts piece.
I am concerned about some facilities
where they're predominantly youth,
but I know factually that some adults do shop for events.
We have an indoor soccer place where that takes place.
We've got a number of dance studios that,
90% of what they do is young children,
but they do some classes for moms and dads.
And so then you're left with, okay, well,
It's too bad that you help adults.
That continues to bother me.
So the other place that I'd end is I think alignment with state standards is okay.
So I'm quite supportive of option B. And for I have no problem with the expansion.
I haven't really heard a case why we can't expand, but for option B I would strike exclusivity.
That just doesn't make any sense to me.
I would certainly strike the martial arts.
And anything that smacks of allowing
the removal of a youth-centered designation for something
like, I don't really want to cite specific businesses,
but we all know a number of rather active popular businesses
in our city, where there's a lot of kids.
and to not call them youth centers
because of a technicality really bothers me.
And I think alignment with state standards is,
they're not standards I guess are kind of
recommendations to factor recommendations.
So that's my personal preference
and what I'll be supporting today.
Councilmember Victor Aguilar.
Thank you Mayor.
So with regards to recommendations,
I like, I would support option C, the most expensive,
with option B to include six permits.
But my question is with the bullet point
that is an option C, bring forward planning commission,
will that hinder any processes
if there are applications in the queue?
I don't, well, I would say this.
We have one application from the new owners of Bloom
for a conditional use permit
that's scheduled to go to the planning commission,
I believe later this year and the months ahead,
that complies with, oh, I understand anyway,
complies with our current map requirements.
So that's the only application that's in process.
Now, in terms of option C,
switching to some of the other stakeholders
who are maybe aspirationally interested,
if say, for example,
to allow additional permit awards
and then one of our existing operators
wanted a second permit.
Option C certainly opens up more opportunities
than option B because it creates more zoning districts
in which cannabis is allowed.
Does that make sense?
But they don't have a formal application in presently
and it's more of that informal process
of just trying to find viable sites
that are scouring the market.
Gotcha.
Thank you for that explanation.
And Mayor, we're looking for direction
looking for, I know there's a couple of motions on the floor. No, there are no
motions. People said I would, the word choice was I would make a motion, not I
make a motion. I need to be really careful about that, right? So people make
a motion, they can make a motion. I just thought that we would first discuss it
and I didn't hear I move that we, right? That's gonna be our language. I move that
we, not I would make a motion that we. And is there emotion on the forefront? There's
not a motion right now. Councilmember Bowen did you make a motion? Oh sorry I'm fine to repeat
myself in the future and I would appreciate if maybe you could just if
you're unsure that I said I will make a motion I am making motion to just remind
me that way I can clarify and say I am making the motion or I thought I said I
moved to make the motion so confirming that I made I am now currently making a
motion for option C. Thank you. I would second that motion. Further discussion.
Vice Mayor please. I thank you just to be explicit. If it includes the downtown I
would be voting no. Councilmember Simon. Just to clarify. Can you really pull out
mic? Just to clarify could you flip it to the maps? So option C includes the map to
right essentially that's what except for downtown that's what option C is thank
you council more Simon I mean that is that represents the zoning the zone the
parcels within the zoning the full array of commercial and industrial zones yes
but again they would be subject to a CUP so they're not guaranteed okay but these
these capture those zoning districts correct in option C with the exception
downtown yeah I'll restate just like downtown and his exception I support the
manner have an exception an exception an exception and I just don't think that's
fair why some people get exceptions and others do not I just don't think that's
that's right thank you I will not be supporting this okay then coming to city
manager you're set okay perfect Councilmember Bowen yes yes that's me
again. I want to take in some of the feedback that both the mayor and the
council members made around the definition of youth centers and I would
be fine to amend my motion to say efficiency with the inclusion of a
revision to the youth center definition to change it from exclusively and the
specific feedback that the other council members raised around that making so
that it actually makes sense for what the youth centers are being used for in
San Leandro. And does the seconder agree with that update? Councilmember? Yes. Okay
Thank you. Any other discussion? Okay the only concern that I will express I will
agree with Councilmember Simon that it's very difficult when you have a
neighborhood that has expressed a very clear concern and so just from an equity
sort of perspective I'm struggling because if a neighborhood says
not in our neighborhood it's because of cultural reasons or whatever the case
maybe. That's just not the interest of the neighborhood. This, and to have an
exclusion for another. So I actually think that your suggestion is rather
creative. You know, could we have, this is a district where we're going to sell
cannabis. This is an arts district. This is a whatever sort of district. At the
current point in time, I feel pretty strongly about option B. But let's see
what the votes are. Let's kind of vote to provide some guidance. Because we do
have a motion to adopt option C with clarification of youth centers for the
discussion and this is in the form of guidance right there's not an action
item right so we're just trying to formalize through a motion kind of what
we'll get you will come back to us and then at that point we can decide yes
this captured the spirit of what we wanted or not so I just want the public
understand what's transpiring here today. So with that, can, Madam Clerk, do you
feel comfortable, are you ready to kind of take a vote so that, so the motion on
the floor again is for option C with a clarification of the Youth Center
definition. Anything else? Nope, please vote. Thank you. All votes are in and the
motion carries with four yes votes councilmember Simon and Mayor Gonzalo's
voting no and councilmember bolt being absent so at this point in time we are
concluded with our business and we are adjourned the time is 903