WEBVTT

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Good evening, everyone, and welcome to the regular session

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of the Stockton City Council.
Today is September 28th.

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20, 21.
City clerk. Please take row.

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Councilmember Walmsley.
Present. Council Member Cannabis.

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You're Councilmember Joe back here.

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Councilmember Lenz. Present.

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Council Member. Right. Present.
Vice Mayor Fugazi.

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Present. Mayor Lincoln. Present.
We have a quorum.

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Thank you.
At this time, I'd like to ask Councilmember Carper

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to lead us in a flexible

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ready solution.
I pledge allegiance to the flag of the United States of America

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and to the Republic for which it stands one nation under God,

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indivisible, with liberty and justice

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for all.

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Thank you.
Closed session was canceled this evening,

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so we we do not have any reportable actions

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There are no additions to tonight's agenda.

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City Clerk Do we have any recognitions
or announcements this evening? We do not, Mayor.

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Thank you.
Agenda item number 11 public comments.

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The city of Stockton
invites public participation in multiple forms.

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You provide your comments by using one of these methods.

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E comments.
A link is located on the city's agenda page.

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Email City Clerk at Stockton S.A.

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G-o-v.
If you have any questions, email comments

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to City Clerk Stockton Seed G-o-v.

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You can leave a voice message by dialing 2099378459.

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Your message will be transcribed
and included in the meetings record.

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If you wish to join the meeting virtually through WebEx,

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you must email City Dot Clerk at Stockton S.A.

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G-o-v no later than 5 p.m.

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on the day of the meeting.
If you have any questions regarding any of these forms

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of participation,
please contact the Office of the City Clerk in person.

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Comments.
Speakers must submit requests to speak cards to the clerk

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prior to public comment portion of the agenda.

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No speaker
cards will be accepted after the close of public comments.

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Please redirect
any inquiries to City Clerk Stockton Cedar G-o-v.

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This is
the time for citizen comments, announcements or invitations

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You may comment on any subject within the jurisdiction

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of the City Council, including items on the agenda.

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You are limited to 13 minute comment opportunity.

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The City Clerk will notify you
when you have 30 seconds remaining.

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This is not a time for discussion
with the Council regarding subjects

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not on the agenda for this meeting.
As the Brown Act limits such discussions,

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comments made by members of the public during this item

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may not reflect the viewpoints of the members of the Council.

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We ask that you maintain the rules of decorum as outlined

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in City Council Meeting Decorum Policy Title for chapter 4.03,

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paragraph two person's addressing the City Council

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shall not make personal, impertinent, unduly repetitive,

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slanderous or profane remarks to the Council.

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Any member of the Council City staff or the general public,

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nor other loud, threatening, personal or abusive language,

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nor engage in any other conduct that disrupts disturbs

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or otherwise, and reasonably impedes

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the orderly conduct of the Council meeting.

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Any person who makes such remarks
who utters loud, threatening, personal or abusive language

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who is unduly repetitious or engages in extended

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discussion of irrelevancies, or who engages in disorderly

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conduct that disrupts, disturbs

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or otherwise unreasonably impedes the orderly conduct

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of any council meeting, shall, at the discretion

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of the presiding officer or majority of the Council

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be barred from the further audience

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before the Council during that meeting?
In short, we do not allow personal tax.

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Therefore, please be respectful of these chambers.

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Of all who sit here and know the viewing audience.

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City Clerk.
Do we have any comments
from members of the public for content items

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or items not listed on the agenda this evening?

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We do. Mayor.
First, we'll be hearing from Miss Cynthia Gale Boyd on WebEx.

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Miss Boyd, you have the floor

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I am corrected.
We're moving on to in-person public comment.

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Miss Martha Valdez will speak first, followed by Laurie Gannon

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in Kathleen Poussin after.

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On things that are on your agenda.

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I think you can speak on
items not listed on the agenda. OK,

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Thank you.
Right.

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I don't know if it's to you.
I need to address my concerns on, but

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there's no where else to go.

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We have a governor that just puts in law

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without anybody stopping him or even

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saying that is against the Constitution.

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And we have all these

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very dangerous things happening here.

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And when I was looking over,
you know, that's really irritating.

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So I don't know if I can get you involved in this or not,

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but one of the main
things is last week,

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he changed the property laws

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where you can separate your property now
and put little houses back there.

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And one little thing

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can ruin your whole neighborhood.

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And right now, you have that going on here

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in Stockton by Europe.

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And I don't know if anybody else has brought that up,

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but these are single family homes

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and these families

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buy their children a house, you know, to stay in

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while they're going to college.
Then when they graduate, they're renting them out

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room by room, which then becomes a boarding home.

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And it's messing up the quiet little neighborhood there.

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And that's really irritating.

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So that is the first thing on my agenda

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is if that can be addressed.

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And I left my name and my email.

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If you can address that

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driving, my husband and I, I'm sorry.

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I get really nervous when I talk in front of people and

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my husband and I was driving down the Salinas

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and I usually take the back roads

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and that way I don't have to put up with traffic.

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My husband takes one to one and the whole countryside,

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and I've lived in California all my life and it just looked

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scorched not from fires,

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but the lack of care for the for the land.

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And then you go on and you see the homeless

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getting downpayments, and it's full of garbage,

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and nobody's doing anything about that.

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And I also am on I speak on Save the Delta

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and, you know, the damage they're doing to the Delta.

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I mean, you can go down Highway four and 160

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and they have their motorhomes back up pumping their raw sewage

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into the delta.

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This has to be addressed.

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This the garbage in this town has to be cleaned up.

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Because, you know,

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it's more than covered.
You're going to have to deal with they brought back typhoid.

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I can't believe they've

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brought back what they used to have in the biblical times.

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I keep forgetting.

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Thank you, Miss Valdez.
That completes your time.

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Our next speaker is Mark Scott.
Lori Gannon

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Well, I know her, but I have one more thing to say.

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But if you guys can spend $6 million

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on a new frickin shelter,
you can't spend $6 million on a homeless shelter.

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Thank you, ma'am.
Lori.

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Lori Gannon.

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Good evening.
Honorable Mayor and

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city council members.

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My name is Lori Gagnon, and I'm a long a lifelong

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resident of Stockton.
After listening to Mason Janowitz last week,

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September 14th excuse me two weeks ago,

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I felt compelled to come and speak to you also

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on the need to reinstate Stockton's Trap

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Neuter and release program, commonly known as TNR.

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Sorry. May I take this day home?

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Thank you. Yes.
You have asthma, and it's just it's horrible.

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Thank you very much.
Over the past ten years, I have invested

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a couple of thousand dollars of my own money

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to spay and neuter the Farrells in my neighborhood.

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I am the crazy cat lady of the neighborhood.

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Wondered how they were ever born or brought about.

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Now I know I have utilized both the low cost clinics

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and private vet's

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needs come when you can't get into the low cost

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or you can't get into ours here at the shelter

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You go to a private vet and they've gone up tremendously.

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They're now 200 to $300 just to spay one cat.

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The low cost
clinics are overwhelmed with spay and neuter requests

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right now, and the private vets
are both very busy and expensive.

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In order to get the pet population under control.

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We need more resources we need the TNR reinstated.

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Please reinstate the TNR program so that more citizens

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like Mason Janowitz and myself may help the less

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fortunate animals of Stockton with programs like TNR.

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And education is where I think the next step needs to be.

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I believe that Stockton
could make a big difference in its pet overpopulation.

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In the words of the greats like Bob Barker

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and Betty White, if any of you are old enough to know them

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Bob Barker used to sign off on Wheel of Fortune.

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This is Bob Barker
reminding you to help control the pet population.

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Have your pet spayed and neutered And

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thank you for all that you do, and I hope we can get

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that program back up and running again.
Because I had I've

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been doing this ten years now and we had two years.

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We had no babies, no no extra cats or anything.

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It was very nice.
And my neighbors hated me at first They're on board now.

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I let you know they damage property and I get it.

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They take fish out of the fish ponds.

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You know, they're going to find their food
where they where they can.

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But I've buried many.

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So, yeah, with your help, I think we can make Stockton

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a better place for those that run around the roads.

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Like the feral puppies that a friend of mine,

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we rescued a dog that hung out here south of City Hall.

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Nobody could catch it.
We finally caught it,

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but everybody was feeding it on the way back from

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coming back from lunch to the building here.

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So thank you very much.
Have a great evening.

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Thank you so much.
Our next speaker is Miss Kathleen Capuchin.

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Good evening on 16.3.

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Staff a.k.a community development.

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Your rejection of the Planning Commission decision.

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As per Beatty.
Yeah. Staff should stay out of it.

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The location is 20 steps away from an existing dispensary.

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Ridiculous bodies did not approve
putting one dispensary on top of another.

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You don't have to be in the manager language.

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Quit being shady.
Simple common sense.

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Something we should possess and utilize is elected.

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I found it offensive.
That staff ignored civil service commissioners.

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Home grown, paid citizen handpicked

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by each council person, man, vice mayor and council. I'm

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to out the organizational

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chart that shows where you sit in the chain of command.

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Support your commissioners decisions.

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It is the right thing to do.
Thank you.

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And as far as police go, there is never any trouble

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with the cannabis spot stores Why?

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Because we stoners are like kids in a candy store.

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Start telling us about the sales.
Two for one deals sativa, indica, hybrids.

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Yeah. We follow the rules.
Cannabis, legal or not, is a drug legal for adults.

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21 and over.
I don't wanted so commonplace

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that future generations see it as a rite of passage.

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It needs regulated and monitored.

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Find another location.
Thank you.

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Thank you.
Our next speaker is Mr.
Mason Janowitz.

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My name is Mason Janowitz.

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I've lived in Stockton for six years.

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I'm here again to express my support,

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to increase the budget
for the trap, neuter and return, or TNR program.

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The only humane and effective approach for community cats.

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This program allows Stockton residents
to bring feral cats to animal services

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on designated days, and the cats will be neutered.

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Eric Lipton, vaccinated for rabies

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then picked up by the resident
and released back into the same neighborhood.

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This Stockton TNR program

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has been suspended for several months.

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This is the time of year the female cats are in heat.

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We need to keep this program available for our community

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cats.
TNR is practiced across

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the United States and all over the world.

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It's considered a best practice and good public policy.

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TNR is supported
by all credible animal protection organizations

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in 2004.
Approximately 175 community cats

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were living along a trail in Foster City California.

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The city and the community joined forces

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to humanely stabilize the colony of cats.

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The city undertook an intensive TNR effort

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providing spaying, neutering and vaccinations for the cats.

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As of 20, 20,

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an initial population of 175 cats

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enrolled between 24 and 2020.

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Only one cat remained at the end of the program, period.

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The the Stockton cold winter
months are coming soon without an active TNR program.

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We will now unnecessarily experience

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many extreme stressed female cats giving birth outside

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in the middle of the cold, wet winter.

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The compassionate city of Stockton can fix this problem

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by reinstating the TNR program with TNR.

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You stabilize the population humanely,

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improve cats lives, save taxpayers dollars.

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Address neighbors concerns, and help the entire community

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reach a solution that benefits everyone.

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Please, Mr.
McGovern, council

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I'm here again to let you know that our community cats

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need your help.
Please increase the funding to the Trap

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Neuter and Return Program

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so our community cats can get the help
they so desperately need. Thank you.

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Thank you.
Our next speaker, Lucian McCall.

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Composer, composer,

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Hello, Mr.
Mayor. And the rest of you in the committee.

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I came on maybe three, three, four weeks ago.

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I'm from San Francisco.

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I failed to tell you guys a little bit about my story.

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I've been diagnosed with Ms.

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I have a slight OK, and I'm nervous.

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I need help because I'm worried about losing a smile

00:16:46.900 --> 00:16:48.900
and a way to start to live out my dream.

00:16:50.580 --> 00:16:52.580
And why I was diagnosed with the MS.

00:16:53.340 --> 00:16:55.340
I made up my mind that I was going to live this dream

00:16:57.780 --> 00:16:59.420
during the hair.
So I'm asking you guys I need help.

00:17:01.620 --> 00:17:03.620
I need somebody help me write a grant or something.

00:17:04.500 --> 00:17:06.500
I talked to Carlos Villa Pura.

00:17:06.660 --> 00:17:08.660
He came work me to the 13 District

00:17:09.860 --> 00:17:11.860
I don't know what the heck I'm doing, but if you know

00:17:13.300 --> 00:17:16.220
someone that can help me, please.
My name is Lucian Kay McCall, Senior.

00:17:18.420 --> 00:17:21.100
This is Susie's Sam's.
We own the salmon. I Gabby.

00:17:23.940 --> 00:17:26.600
Gabby Luciano,
Barberry hair salon on Harding way also.

00:17:29.100 --> 00:17:31.100
And I did a little research.

00:17:31.101 --> 00:17:33.101
I saw a beautiful smile on your face, Mr.

00:17:33.701 --> 00:17:36.581
Mayor. About three months.
I'm in two weeks ago.

00:17:37.381 --> 00:17:39.381
And that smile told me that you enjoy your job.

00:17:40.421 --> 00:17:42.421
So I need help.

00:17:43.141 --> 00:17:45.181
I'm asking you.
Please, Mr.

00:17:45.301 --> 00:17:47.301
Mayor, whoever else, please help me.

00:17:48.210 --> 00:17:50.210
I see that you are Christian and whatever else.

00:17:50.901 --> 00:17:52.901
Christian or whatever religion.

00:17:55.210 --> 00:17:57.301
I would invite you guys.
Come by our salon.

00:17:57.661 --> 00:17:59.741
We have a prayer.
Room inside the salon.

00:18:00.781 --> 00:18:03.581
You come in there, you can pray.
If you want to pray.

00:18:03.781 --> 00:18:05.781
And we don't worry about religion, denomination.

00:18:06.941 --> 00:18:08.941
I mean, you know, just come in there and engines.

00:18:10.261 --> 00:18:12.261
And we invite you all to come visit the place.

00:18:13.181 --> 00:18:16.610
You know, I really.
I'm humbly myself and asking you.

00:18:17.101 --> 00:18:19.541
Please help me.
You know, I don't know what else to say.

00:18:20.822 --> 00:18:22.822
If anybody's out there that can come and help us,

00:18:24.302 --> 00:18:26.622
we need your help.
Mr. Mayor, I'm asking you if you know anyone, please help us.

00:18:30.382 --> 00:18:32.982
We would appreciate it.
I don't know what else to say.

00:18:33.622 --> 00:18:36.542
I know my time is running out.
But I will say thank you for listening.

00:18:37.822 --> 00:18:39.822
To us and listening to our plea.

00:18:40.262 --> 00:18:42.822
And please come and visit.
Take a look. Thank you.

00:18:45.662 --> 00:18:47.262
Thank you.
And I do believe we have Miss Cynthia Jo Boyd

00:18:49.302 --> 00:18:51.302
on the WebEx line.

00:18:54.182 --> 00:18:55.822
Miss Boyd,
if you can hear us, you have the floor

00:19:07.822 --> 00:19:09.862
Mary, I guess that concludes
our public comment for general public comment.

00:19:18.903 --> 00:19:21.103
Thank you.
Agenda item 12 Content Content Items.

00:19:22.263 --> 00:19:24.263
Are there any items that the council asked for at this time?

00:19:28.823 --> 00:19:30.823
Moved to approval.

00:19:31.143 --> 00:19:33.630
Or council cash?
Both ways.

00:19:38.943 --> 00:19:40.943
Motion passes 70.

00:19:41.223 --> 00:19:43.543
Thank you.
There are there are are not any administrative matters.

00:19:45.983 --> 00:19:47.543
There isn't.
There aren't any unfinished business items.

00:19:49.143 --> 00:19:51.143
Agenda item 15 15.1 presentation from the Stockton

00:19:52.663 --> 00:19:54.663
Shelter for the Homeless regarding the Navigation Center.

00:19:56.703 --> 00:19:58.703
Yes. Mayor Director Carrie Wright will introduce

00:19:58.983 --> 00:20:00.983
our speakers for this evening.

00:20:05.584 --> 00:20:07.224
Good evening.
Carrie Wright, director of economic development.

00:20:08.424 --> 00:20:10.424
And tonight we have an update on the Stockton shelter expansion

00:20:13.864 --> 00:20:16.344
The executive director, Jolin
McMillan, is here to present the update.

00:20:18.664 --> 00:20:20.664
She's been there for three years and she's brought her

00:20:22.384 --> 00:20:24.384
vice president from her board as well.

00:20:25.240 --> 00:20:27.240
So with that, I will hand it over to Jolan.

00:20:28.464 --> 00:20:30.464
Thank you.

00:20:34.264 --> 00:20:35.704
Sorry.
We didn't expect to be running here and presenting so rapidly.

00:20:39.344 --> 00:20:41.344
We thought we had a consent agenda first.

00:20:42.784 --> 00:20:44.784
So first, I'd like to thank you for inviting us back.

00:20:45.664 --> 00:20:48.224
I'm Lynn McMillan.
I'm the CEO for Stockton Shelter for the Homeless.

00:20:49.864 --> 00:20:51.864
As Carrie said, I've been there three years

00:20:54.650 --> 00:20:56.665
We're going to start with our first slide.
We're here to give you a very brief update on our project

00:20:58.985 --> 00:21:00.985
and where we're headed with it and where we're at right now.

00:21:03.825 --> 00:21:05.825
So let me go ahead and start.

00:21:06.305 --> 00:21:08.305
This is actually a rendering of our navigation center.

00:21:10.345 --> 00:21:12.345
We were funded through the HAP

00:21:13.145 --> 00:21:15.145
program, $4.5 million in total.

00:21:17.225 --> 00:21:19.225
2.3 came from the city.

00:21:19.665 --> 00:21:21.665
And we'd like to thank you for your support with that.

00:21:22.865 --> 00:21:24.865
We've been working on this plan actually for several years,

00:21:25.985 --> 00:21:27.985
so we're really excited that we're seeing it.

00:21:28.625 --> 00:21:30.785
The final phase of it.
And at the final beginning phases of it and getting ready

00:21:34.145 --> 00:21:36.145
to get down to the hard work of it so quickly.

00:21:37.265 --> 00:21:39.945
This is the rendering.
It's actually phase one.

00:21:40.266 --> 00:21:42.266
And again, thank you for your support of the shelter.

00:21:44.426 --> 00:21:46.426
Before I start talking about this building,

00:21:46.666 --> 00:21:48.666
I want to say that the men's congregate shelter,

00:21:50.626 --> 00:21:52.626
the warehouse at the end of our

00:21:56.466 --> 00:21:58.466
space will still stay standing through all of this.

00:21:59.426 --> 00:22:01.426
So the bed spaces were here we're talking about tonight

00:22:03.106 --> 00:22:05.106
are in addition to what the 40 bed shelter

00:22:06.660 --> 00:22:08.660
we are, the 140 bed shelter we already have on site.

00:22:11.106 --> 00:22:13.106
So let me see the clicker.

00:22:13.186 --> 00:22:15.186
Not very good at this stuff.

00:22:15.226 --> 00:22:17.226
OK, so I want to talk
just briefly about what we currently do at the shelter

00:22:20.546 --> 00:22:22.546
we currently have at the shelter site.

00:22:25.306 --> 00:22:27.306
We make sure I grab this out

00:22:29.226 --> 00:22:31.226
on the family side,

00:22:31.307 --> 00:22:33.307
we have 100 individuals we can house about 25 families.

00:22:36.187 --> 00:22:39.270
Also on the family side,
we keep 22 single medium barrier women.

00:22:41.947 --> 00:22:43.947
These are the numbers just up here.

00:22:43.987 --> 00:22:45.987
The men's side, as I said, is 140 men

00:22:47.267 --> 00:22:49.267
and we will all this is remaining in place as we move

00:22:50.467 --> 00:22:52.467
forward into our phase one of our expansion.

00:22:54.227 --> 00:22:56.227
We have a veterans program that houses ten veterans

00:22:57.987 --> 00:22:59.987
and we have a women's expansion that came up.

00:23:00.987 --> 00:23:02.987
It's four very low barrier women who can walk off the streets,

00:23:04.667 --> 00:23:06.667
and we brought that up in January

00:23:08.427 --> 00:23:10.547
some of our less or less
known program is the program we run for the county.

00:23:12.667 --> 00:23:14.547
It's called Hopper
Housing Opportunities for People with AIDS and HIV diagnosis.

00:23:17.667 --> 00:23:19.667
IS we've run that program for at least ten years.

00:23:20.868 --> 00:23:22.828
I want to say
much longer than that, but I don't want to speak out of turn.

00:23:25.348 --> 00:23:27.348
So in total, we housed at the shelter on

00:23:27.948 --> 00:23:29.948
and off grounds, about 332 people a day.

00:23:32.548 --> 00:23:34.548
As of today, through COVID,

00:23:35.428 --> 00:23:36.908
our numbers
were higher prior to COVID, but we pulled up all the mats

00:23:38.948 --> 00:23:40.948
for safety

00:23:42.280 --> 00:23:44.280
so that's what we're currently doing.

00:23:46.228 --> 00:23:48.228
And I don't want to miss that bottom paragraph.

00:23:48.748 --> 00:23:50.748
The shelter is also partnered, and many of you were there

00:23:51.268 --> 00:23:53.268
last on the 15th when we did our

00:23:55.468 --> 00:23:57.468
ribbon cutting for our new transitional housing complex.

00:23:58.828 --> 00:24:00.908
For those you've seen it,
you know, it's a very, very attractive place to be.

00:24:04.468 --> 00:24:06.680
You were there.
You remember Christina, and thank you.

00:24:07.348 --> 00:24:10.268
For those of you who were there, it was a
really nice ribbon cutting.

00:24:11.589 --> 00:24:13.589
So next slide,

00:24:13.949 --> 00:24:15.389
quickly.
I'm just going to go over the main

00:24:16.690 --> 00:24:18.690
three tenants of a low barrier navigation center.

00:24:19.749 --> 00:24:21.749
Low barrier means practices are reduced to entry are reduced.

00:24:24.869 --> 00:24:26.469
Right.
It means that we don't require a lot for people to get in.

00:24:29.690 --> 00:24:31.690
Currently, 100% of the shelters programs are low barrier.

00:24:33.269 --> 00:24:35.269
You do not have to pass any drug test,

00:24:35.829 --> 00:24:38.109
and in fact, you are not drug
tested as a condition of entry into any of our programs.

00:24:41.690 --> 00:24:43.690
We are the only hundred percent low barrier program

00:24:46.109 --> 00:24:48.109
where none of our programs require testing.

00:24:48.909 --> 00:24:50.909
In San Joaquin County, there are other low barrier programs.

00:24:52.549 --> 00:24:54.549
Gospel has some really great ones,

00:24:54.789 --> 00:24:56.789
but 100% of our programs are low barrier.

00:24:58.949 --> 00:25:00.949
So part of the Low Barrier Navigation

00:25:00.990 --> 00:25:02.990
Center means people's partners pets and possessions, right?

00:25:04.990 --> 00:25:07.750
Those are the things we hear.
So I want to make sure to tell you that our expansion

00:25:09.990 --> 00:25:11.990
will be taking that on.

00:25:12.230 --> 00:25:14.230
I want to talk a little bit about partner services.

00:25:14.910 --> 00:25:17.270
Part of the navigation center
means we have to have people to help people.

00:25:20.190 --> 00:25:22.190
And so the tenants of a navigation center are you

00:25:23.630 --> 00:25:25.630
bring in your public partners and we are working with staff

00:25:27.670 --> 00:25:29.670
in the mayor's office and through the community

00:25:30.150 --> 00:25:32.150
to identify the partners we want to bring in.

00:25:32.630 --> 00:25:35.270
And the Navigation Center.
Those services will be provided free of charge to us.

00:25:37.870 --> 00:25:40.870
It comes at a cost to the county
and the other agencies we're partnering with.

00:25:42.150 --> 00:25:44.150
But the services that we have will not be a part of a cost

00:25:46.300 --> 00:25:48.590
of a navigation center.
They will be co housed on our grounds.

00:25:50.431 --> 00:25:53.311
So I want to quickly just go over.
We will be having housing switch sides.

00:25:56.191 --> 00:25:58.351
Oh, sorry about that.
OK, so we will be having.

00:25:59.351 --> 00:26:01.791
Thank you, Charlie.
Housing and placement services that could come through similar

00:26:04.471 --> 00:26:06.791
housing authority.
It could come through our own case managers as we find housing

00:26:09.911 --> 00:26:11.911
and through partnering agencies case management

00:26:12.991 --> 00:26:14.991
and referrals, it'll be intensive case management,

00:26:16.471 --> 00:26:18.471
outreach and engagement, peer support.

00:26:18.591 --> 00:26:20.591
We do use mentor models at the shelter

00:26:22.151 --> 00:26:25.310
medical care and coordination.
I do want to emphasize here that anything we do will not be

00:26:27.991 --> 00:26:29.991
a duplicate of what Saint Mary's does on the same corner.

00:26:31.471 --> 00:26:33.471
So Edward Figueroa and I are engaging in conversations

00:26:36.310 --> 00:26:38.310
so that we are not duplicating any of the services

00:26:38.551 --> 00:26:40.551
they are currently providing, but enhancing those services.

00:26:43.720 --> 00:26:45.720
Health, wellness, life, education.

00:26:45.592 --> 00:26:47.592
I've already spoken with county health care services.

00:26:50.672 --> 00:26:52.672
Their whole person in the behavioral health.

00:26:52.792 --> 00:26:55.592
They do stand ready to come out and work
with us at the shelter.

00:26:55.952 --> 00:26:57.952
In fact, whole person care plans on being a very

00:26:59.912 --> 00:27:01.912
integral partner with us in serving these most needy people.

00:27:04.232 --> 00:27:06.232
So there will be mental health treatment, legal services,

00:27:07.272 --> 00:27:09.272
family reunification opportunities,

00:27:09.992 --> 00:27:11.992
VA and health care benefits, any sort of documentation,

00:27:13.152 --> 00:27:15.152
assistance, driver's license, things like that,

00:27:16.112 --> 00:27:18.912
employment assistance.
And we believe that if you if you're doing

00:27:20.432 --> 00:27:22.752
treating the whole person,
you have to have something about self-empowerment,

00:27:25.272 --> 00:27:27.272
positive self-esteem and enhanced coping skills.

00:27:28.952 --> 00:27:30.952
So in a nutshell, those are the services

00:27:31.313 --> 00:27:33.313
that will be offered at the New Navigation Center.

00:27:36.993 --> 00:27:38.833
Quickly, I
want to talk about the timeline

00:27:41.273 --> 00:27:43.273
and I want to make sure I'm covering everything.

00:27:43.473 --> 00:27:45.473
We are actually at the permit phase,

00:27:46.713 --> 00:27:49.553
which is the second line down.
It's highlighted.

00:27:50.730 --> 00:27:52.993
We are working with the state fire marshal.
One of the things we have determined

00:27:54.153 --> 00:27:57.153
is that although we will be partnering
with the city as needed on Caltrans

00:27:59.433 --> 00:28:01.433
land, the city actually doesn't do any permitting.

00:28:02.593 --> 00:28:04.593
It's all through Caltrans and so I do want to share

00:28:06.233 --> 00:28:08.233
the people that are doing our expansion project are

00:28:11.993 --> 00:28:13.993
are very well versed in homeless and Caltrans

00:28:15.193 --> 00:28:17.193
land, homeless shelters in Caltrans land.

00:28:17.433 --> 00:28:19.433
In fact, it's the same agency that the County City

00:28:20.434 --> 00:28:22.434
Project was working with

00:28:23.834 --> 00:28:25.834
for the structure on Saint Mary's lot.

00:28:27.340 --> 00:28:29.340
So really, if it goes according to time, the project

00:28:31.474 --> 00:28:33.474
we're hoping will be opened in May or June of next year.

00:28:35.274 --> 00:28:37.274
It is a nine month project.

00:28:37.354 --> 00:28:39.354
We're still negotiating with the county.

00:28:39.834 --> 00:28:41.834
A project of this magnitude requires upfront funding and

00:28:47.154 --> 00:28:48.554
that's an
issue on a reimbursement type contract.

00:28:50.674 --> 00:28:53.474
So so we've worked with the city,
and I would like to thank you all for working with us

00:28:55.234 --> 00:28:57.994
to work something out
so that we could have
some upfront funding to start the project.

00:29:00.154 --> 00:29:02.154
But we are in in fact, I have a call with the county

00:29:02.874 --> 00:29:04.874
tomorrow to discuss contracts with them.

00:29:05.740 --> 00:29:07.740
Again,

00:29:07.394 --> 00:29:09.394
that I miss anything.

00:29:10.155 --> 00:29:12.155
So real briefly, if it's OK, I'd like to

00:29:13.315 --> 00:29:15.315
just give you of another handout

00:29:17.195 --> 00:29:19.915
this is not a slide,
but it is more information

00:29:22.435 --> 00:29:24.435
in the form of this center that

00:29:32.715 --> 00:29:34.750
and that
so that you have exactly what the men

00:29:34.955 --> 00:29:36.955
center is in writing, exactly what it does.

00:29:37.355 --> 00:29:39.355
It will view some of these slides

00:29:39.395 --> 00:29:41.435
that will tell you
the size, the structure, of what the floors are being used for.

00:29:43.555 --> 00:29:45.555
It gives you a really one page shot at what exactly

00:29:47.995 --> 00:29:49.995
the navigation center

00:29:51.235 --> 00:29:53.235
is going to look like.

00:30:04.156 --> 00:30:06.156
And with that said, I'm ready for questions.

00:30:06.556 --> 00:30:09.760
Thank you for the presentation.
Open up to the council for questions.

00:30:09.636 --> 00:30:11.636
Vice Mayor Fugazi. Yes. Thank you.

00:30:11.916 --> 00:30:13.996
I appreciate this.
I appreciate the timeline as well.

00:30:15.516 --> 00:30:17.516
I'm just curious as to who you are working with

00:30:20.956 --> 00:30:22.956
in terms of coming up with the specs

00:30:24.876 --> 00:30:26.876
and everything for the containers,

00:30:27.316 --> 00:30:29.556
because I see you're moving
forward with the shipping containers.

00:30:30.476 --> 00:30:32.876
So I actually tried to print
some pictures so that you could see the pictures on paper.

00:30:35.196 --> 00:30:37.196
Really don't do justice to what the insides of these

00:30:38.236 --> 00:30:40.236
buildings look like.
So if it's OK, I will forward some pictures

00:30:41.836 --> 00:30:44.236
so that you can all see
what some of these structures look like.

00:30:45.396 --> 00:30:47.396
It's the building containers are the cheapest way to go.

00:30:49.796 --> 00:30:51.796
The trick on Caltrans is that everything we do

00:30:52.797 --> 00:30:55.277
has to be temporary.
We have two buildings that were kind of grandfathered in.

00:30:57.837 --> 00:30:59.837
One is the men's shelter and one is our maintenance work house.

00:31:01.477 --> 00:31:03.477
So the reason can cargo containers work?

00:31:04.637 --> 00:31:06.637
And a sprung shelter really doesn't on grounds

00:31:07.477 --> 00:31:09.477
is because on Caltrans land, we're not allowed to be on

00:31:10.370 --> 00:31:12.370
what they call the drip line of the freeway over us.

00:31:13.237 --> 00:31:15.237
So the construction of the men's center navigation center

00:31:16.957 --> 00:31:18.957
is specifically designed to actually the freeway divides

00:31:20.877 --> 00:31:23.157
above us,
and it's
actually specifically designed to kind of fit in that area.

00:31:25.437 --> 00:31:26.677
Yeah.
No, I well, the reason I ask the question,

00:31:28.837 --> 00:31:30.837
and I guess maybe I asked it incorrectly,

00:31:31.770 --> 00:31:33.770
is are you familiar with the Hilda

00:31:34.237 --> 00:31:36.237
Solis care first village in L.A.

00:31:38.397 --> 00:31:40.397
Because that's 232 units with shipping containers.

00:31:42.558 --> 00:31:44.558
I've actually seen some of those units.

00:31:44.638 --> 00:31:46.638
Yes, they used Vesta modular.

00:31:46.958 --> 00:31:48.958
So I'm bringing this up because why reinvent the wheel

00:31:50.198 --> 00:31:52.398
working with Bernard,
who's the construction and the management company

00:31:54.158 --> 00:31:56.198
that did this.
So I'm trying to clue or a path for you regarding

00:32:00.998 --> 00:32:02.998
the shipping containers because they ended up looking.

00:32:05.678 --> 00:32:08.780
Well, you can't tell. This doesn't do it.
Just but it's three stories similar to yours.

00:32:10.838 --> 00:32:13.598
Three stories.
A number of units.

00:32:13.918 --> 00:32:15.918
They actually got IKEA to donate all of the furniture

00:32:17.638 --> 00:32:19.638
and the textiles and everything for it.

00:32:20.278 --> 00:32:22.278
So I was able to go to a session.

00:32:24.958 --> 00:32:27.238
They did it in six months.
232 units as well as 6000 square foot

00:32:30.239 --> 00:32:33.239
administration building that had the kitchen,
the laundry, the services, you know, that were there.

00:32:36.790 --> 00:32:38.359
There was parking available
I know that your spot probably isn't as large as this one.

00:32:40.679 --> 00:32:42.679
It, but like I'm saying, it's

00:32:44.319 --> 00:32:46.319
somebody else has done this very successfully.

00:32:47.399 --> 00:32:49.399
And there is a in Carson City, Nevada,

00:32:50.559 --> 00:32:52.559
that's where this Vesta modular is.

00:32:54.359 --> 00:32:57.390
And they cranked them out.
They delivered them to the site.

00:32:57.919 --> 00:33:00.879
They were able
because they already had the site ready
because that was a different set of permits.

00:33:01.879 --> 00:33:03.879
Then the permits for then the units.

00:33:04.319 --> 00:33:06.319
So I would recommend that you reach out to Mike Funderburk

00:33:09.839 --> 00:33:11.839
from Bernard's Bernard's is coming and I'm

00:33:12.839 --> 00:33:15.799
happy to share this with you.
And he already
is aware of your project because I shared it with him.

00:33:17.879 --> 00:33:19.239
Thank you.
And he said he's more than happy to come up here

00:33:21.240 --> 00:33:23.240
and give some technical assistance to that

00:33:24.120 --> 00:33:26.160
should you need it.
Great, because we need this we need this.

00:33:27.960 --> 00:33:29.960
We actually will have a project manager living in Stockton

00:33:32.880 --> 00:33:34.880
for the duration of this build out.

00:33:35.200 --> 00:33:37.200
So we feel very fortunate with that.

00:33:37.880 --> 00:33:39.880
And what was nice, I'm glad that, you know,

00:33:40.560 --> 00:33:42.560
you were able to go through Caltrans for some of this,

00:33:44.680 --> 00:33:46.680
but this project here, it was a city county partnership on it

00:33:48.960 --> 00:33:50.960
using land, the brownfield land that they had.

00:33:52.440 --> 00:33:54.440
So it was literally a joint effort

00:33:57.840 --> 00:33:59.840
in order to get that project up and literally off the ground.

00:34:01.680 --> 00:34:03.680
I mean, literally. So

00:34:04.760 --> 00:34:07.160
whatever we can do
in order to help support in this effort, support in this

00:34:11.121 --> 00:34:13.121
development of this so that we can maybe shrink

00:34:14.401 --> 00:34:16.921
that time line a little
we're not trying to shortchange on safety.

00:34:18.761 --> 00:34:20.761
Safety absolutely is a priority.

00:34:21.841 --> 00:34:23.841
But as we all know, driving through this city,

00:34:25.841 --> 00:34:27.841
any part of the city in all of our districts,

00:34:29.841 --> 00:34:31.841
this is I'm a broken record yesterday.

00:34:32.681 --> 00:34:34.681
So whatever we can do to help support and get this done,

00:34:35.921 --> 00:34:37.961
let's do it right.
Thank you.

00:34:43.681 --> 00:34:45.681
What are some of the challenges

00:34:46.100 --> 00:34:48.100
currently from moving your project forward right now?

00:34:49.410 --> 00:34:51.410
Our biggest challenge is getting contract money upfront.

00:34:52.641 --> 00:34:54.641
100% of our contracts are reimbursable,

00:34:56.121 --> 00:34:58.121
which means we spend the money upfront

00:34:58.441 --> 00:35:00.441
and then wait for reimbursement from the city, the county, the

00:35:01.202 --> 00:35:03.202
state and the feds.

00:35:03.722 --> 00:35:05.722
We are a $2.5 million agency.

00:35:06.362 --> 00:35:08.362
We're getting ready to take on a $4.5 million expansion.

00:35:10.482 --> 00:35:12.642
So the challenge is
we need money upfront to complete our build out.

00:35:14.322 --> 00:35:16.602
The city, thank you
has already worked with us and work something out.

00:35:19.362 --> 00:35:21.362
The county right now is where we're at.

00:35:21.642 --> 00:35:23.642
Our project team is literally

00:35:25.322 --> 00:35:27.322
chomping at the bit to get started.

00:35:27.362 --> 00:35:29.362
We received our first invoice for the container,

00:35:30.962 --> 00:35:32.962
the shipping containers, so we're really ready to go.

00:35:33.882 --> 00:35:35.882
It's really about when the money drops.

00:35:37.202 --> 00:35:39.202
So the contract with the city has been.

00:35:39.682 --> 00:35:41.922
Executed. Correct?
OK, Councilmember Jurek.

00:35:44.282 --> 00:35:47.162
Thank you. Mayor,
help me with some of the understanding, some of this

00:35:47.922 --> 00:35:50.362
the funding and how it works.
But when did the council approve that funding to go to the stop

00:35:53.203 --> 00:35:54.803
and shelter?
The council approved the money, I believe, in December.

00:35:57.300 --> 00:35:59.603
So November.
November of last year.

00:35:59.723 --> 00:36:01.723
City council and the

00:36:02.923 --> 00:36:05.363
County Board of Supervisors
one was in November, one was early December.

00:36:06.523 --> 00:36:08.923
So it was.
So the council approved that last November.

00:36:10.443 --> 00:36:12.443
So when we approved that those have funding.

00:36:13.443 --> 00:36:15.483
How how does that work?
Is that a reimbursement where you don't get it

00:36:16.830 --> 00:36:18.323
until you spend it?
All right.
Well, we just gave you the 2.4 and then project goes.

00:36:19.683 --> 00:36:21.683
So, no, technically, we don't get it until we spend it.

00:36:23.923 --> 00:36:26.883
That's the way all the city contracts
were projects like this generally are done.

00:36:29.883 --> 00:36:31.803
But that's we don't have
that kind of capital just sitting around.

00:36:32.643 --> 00:36:34.643
Every bit of money we get goes in straight in the services.

00:36:37.203 --> 00:36:39.203
So we were able to work with the city to have a part of it

00:36:41.164 --> 00:36:43.204
fronted to us.
And then we give the invoices and then the next part's fronted

00:36:45.684 --> 00:36:48.484
and then we give invoices.
So to to complete a receipt, the part that's already been

00:36:51.204 --> 00:36:53.840
fronted to us.
So it worked well when we did it during COVID last year.

00:36:57.840 --> 00:36:59.400
And so it's a model
that we're familiar with and that the city has not

00:37:00.244 --> 00:37:02.244
had any problems with us working now.

00:37:03.840 --> 00:37:05.804
And I don't care that we're where I think
I'm struggling a little bit is I remember

00:37:07.444 --> 00:37:09.444
seeing a very similar timeline a year ago.

00:37:10.444 --> 00:37:12.444
So here we are a year later and we're still

00:37:17.840 --> 00:37:19.204
maybe a little bit
past design and now starting the permit phase.

00:37:22.204 --> 00:37:24.204
So what will what was holding up

00:37:25.524 --> 00:37:27.524
that some at some ten months funding.

00:37:29.284 --> 00:37:31.284
So when when did the conversation with the city start

00:37:33.245 --> 00:37:35.325
to figure out how we could get you
the money faster conversation?

00:37:35.805 --> 00:37:38.565
You've been able to fund things pretty quick.
I feel like.

00:37:39.325 --> 00:37:41.325
It was a more complicated negotiation

00:37:41.525 --> 00:37:43.525
which required attorneys and normally those negotiations

00:37:45.285 --> 00:37:47.405
for us don't go that way.
So that took a little. Longer.

00:37:49.365 --> 00:37:51.885
All right.
You just got to understand,
I can't speak

00:37:51.885 --> 00:37:53.885
for the rest of the council, but a little frustration on my end

00:37:55.685 --> 00:37:56.925
here.
We are telling the community we're trying to do something,

00:37:58.525 --> 00:38:01.405
and here we are almost a year later
when as far as the city is concerned

00:38:02.165 --> 00:38:04.165
and as far as we're concerned, I felt like we funded

00:38:06.325 --> 00:38:09.325
at least a portion of this project.
And here we are.

00:38:09.325 --> 00:38:11.325
And we still haven't had a groundbreaking for this project

00:38:13.405 --> 00:38:15.405
when we as councilman or vice mayor Fugazi said

00:38:16.965 --> 00:38:18.965
this was needed yesterday and this is almost a year.

00:38:19.605 --> 00:38:21.605
And I don't I have a hard time

00:38:23.286 --> 00:38:25.286
looking forward and knowing the other requests

00:38:26.926 --> 00:38:28.926
are going to come saying yes to it if we're expecting

00:38:31.686 --> 00:38:33.686
multiple year results, if that makes sense,

00:38:34.286 --> 00:38:36.286
because we don't have the luxury of at least I don't feel

00:38:37.526 --> 00:38:39.526
I have the luxury of saying we're making a decision

00:38:40.486 --> 00:38:42.566
that's needed today
for a community to benefit from two to three years from now.

00:38:44.806 --> 00:38:46.246
I agree.
So I just want to encourage if

00:38:48.486 --> 00:38:50.486
not nothing was said to me as a councilmember

00:38:50.686 --> 00:38:52.686
that there was a holdup with the city

00:38:53.460 --> 00:38:55.460
as far as I didn't know what was going on

00:38:56.726 --> 00:38:59.206
other than this project wasn't happening.
So if it was a legal thing,

00:38:59.926 --> 00:39:01.926
I wish it could have got brought up with a with us.

00:39:04.600 --> 00:39:06.600
So at least we knew what was going on

00:39:06.606 --> 00:39:08.606
because in the community's eyes, all they see is that the city

00:39:09.966 --> 00:39:11.966
has funded something that hasn't happened.

00:39:11.967 --> 00:39:13.967
So you're I'm Right wrote down May of next year

00:39:16.207 --> 00:39:18.207
and I don't want to be sitting here October of next year

00:39:20.470 --> 00:39:22.207
or September of next year.
And we're still here in the beginning of this.

00:39:23.567 --> 00:39:25.567
I just don't know how I could keep my composure at that point.

00:39:27.527 --> 00:39:29.527
We actually have been asked to give regular progress reports

00:39:30.527 --> 00:39:32.287
from here on out.
So you will be hearing from us regularly on progress.

00:39:34.127 --> 00:39:36.767
And with these timelines.
What I would really like to see

00:39:37.287 --> 00:39:39.287
is instead of just throwing up these weeks, put dates in there.

00:39:41.470 --> 00:39:43.470
So you can actually we can actually see

00:39:43.567 --> 00:39:46.367
like it's not just all
it takes two weeks now we expect this done by November

00:39:48.447 --> 00:39:50.447
because other projects that Director Wright does,

00:39:51.367 --> 00:39:53.367
she brings that to us and she lets us know,

00:39:53.607 --> 00:39:55.927
hey, we have this phase
by this phase, and same for the planning department.

00:39:57.700 --> 00:39:59.327
This is the dates that we expect
these issues to happen because we're held accountable

00:40:00.448 --> 00:40:02.488
by the community
and it's our responsibility to hold staff accountable.

00:40:04.608 --> 00:40:07.448
So we all have to hold each other accountable.
And other than that, I just want to see these things

00:40:08.208 --> 00:40:10.208
built and whatever it takes, we need more money.

00:40:10.728 --> 00:40:12.848
We can try to figure that out.
I know there's other funding sources at this point

00:40:14.128 --> 00:40:16.128
for us to try to seek out so

00:40:16.768 --> 00:40:18.768
doesn't seem like money is money is the issue,

00:40:19.928 --> 00:40:21.928
at least for us at this point, to try to make this happen.

00:40:22.288 --> 00:40:25.248
So that's just my $0.02.
And I appreciate

00:40:26.408 --> 00:40:27.848
this.
Thank you.

00:40:29.248 --> 00:40:31.888
Can you clarify,
you said you've been asked to give re-occurring updates.

00:40:34.528 --> 00:40:36.968
At the last city council.
I was asked to give regular updates here.

00:40:38.608 --> 00:40:40.608
Would can you specify what regular updates means, what.

00:40:43.408 --> 00:40:45.408
Progress reports on the expansion.

00:40:45.568 --> 00:40:47.568
How frequently you anticipating providing.

00:40:48.488 --> 00:40:50.488
Those that's at your leisure?

00:40:50.969 --> 00:40:52.969
OK, thank you.

00:40:53.900 --> 00:40:55.900
I think we'd planned on doing something up to monthly

00:40:56.609 --> 00:40:58.609
so if you would like something monthly, we're happy to do that.

00:40:59.900 --> 00:41:01.900
That would be great. Thank you.

00:41:01.129 --> 00:41:03.889
Councilmember Cannava.
I just have a couple questions.

00:41:03.929 --> 00:41:06.129
Thank you.
So did the county already commit the money?

00:41:07.409 --> 00:41:09.369
So I mean, it's committed.
Everything's committed getting dotting the I's

00:41:10.809 --> 00:41:12.809
and getting the money like we did. So correct.

00:41:13.169 --> 00:41:15.169
Already have the containers bought so Christine is

00:41:16.409 --> 00:41:18.409
the vice mayor's theory and help through somebody else

00:41:20.129 --> 00:41:23.490
that's already been procured. You already have them.
We've already received the first invoice form.

00:41:24.289 --> 00:41:26.289
Yes. OK, so then my quick question.

00:41:27.409 --> 00:41:29.649
So then when you do that
sewer and water,

00:41:29.649 --> 00:41:31.809
if they're supposed to be portable,
what do you guys put down for foundation?

00:41:33.490 --> 00:41:35.609
I mean, so that just seems odd.
So you're going to spend all this money

00:41:36.769 --> 00:41:39.369
and the term of the lease.
Now, how long does that go with Caltrans?

00:41:40.410 --> 00:41:42.850
They extended it.
The lease can be 30 years now.

00:41:43.530 --> 00:41:45.530
The city actually owns the lease.

00:41:45.650 --> 00:41:47.650
We lease from the city.

00:41:47.810 --> 00:41:49.810
OK, and staff, how long have we.

00:41:50.490 --> 00:41:52.490
So Senator Eckman actually facilitated a law

00:41:53.690 --> 00:41:55.690
for us about three years ago, which extends the contract lease

00:41:57.610 --> 00:41:59.610
up to 30 years.
So homeless shelters like ours could afford to do

00:42:01.690 --> 00:42:03.690
a build out and take out a loan that would last 30 years.

00:42:04.770 --> 00:42:06.770
So the legislation has actually been changed here

00:42:07.370 --> 00:42:10.900
specifically for us.
And the lifespan of these containers is.

00:42:13.500 --> 00:42:15.370
30 to 50 years.
OK, so that so the lease is long enough to to use them.

00:42:17.850 --> 00:42:19.850
Absolutely. For the long term. Absolutely.

00:42:20.370 --> 00:42:22.730
And this will these these.
Hook up sewer and water and all.

00:42:23.170 --> 00:42:25.490
No, no no that's right.
Your lease is expired and you get to move.

00:42:26.850 --> 00:42:28.850
All that now. OK, thank you.

00:42:30.931 --> 00:42:32.931
Councilmember Lynch.

00:42:33.291 --> 00:42:35.171
Thank you.
And so on that timeline, it has permit TBD.

00:42:38.851 --> 00:42:40.851
Are you having any hold up with that?

00:42:40.891 --> 00:42:42.891
So that's all at the state level right now.

00:42:43.131 --> 00:42:45.131
What's going on is we're having to have a fire.

00:42:46.611 --> 00:42:49.451
Your. Engineering report.
To go to the state fire marshal to get it approved.

00:42:51.451 --> 00:42:53.891
So that's where we're at right now.
We anticipate that once that is done

00:42:54.851 --> 00:42:56.851
sometime next week, that will be our biggest hurdle.

00:42:58.411 --> 00:43:00.411
But we do have electricity and sewer and other issues

00:43:03.691 --> 00:43:05.691
to deal with, and the state will be working with the city on.

00:43:07.891 --> 00:43:09.891
That is it always seems like permitting

00:43:09.971 --> 00:43:11.971
seems to take longer than expected.

00:43:12.411 --> 00:43:14.411
So what I'm going to tell you is the agency we are working

00:43:15.411 --> 00:43:17.411
with, RPM, has a very close relationship with the state.

00:43:19.531 --> 00:43:22.920
They have been assigned one person
to work with us on that project.

00:43:23.132 --> 00:43:25.772
And we actually anticipate
that the permitting will not take long at all

00:43:27.692 --> 00:43:29.692
because they're really pushing everything through.

00:43:30.920 --> 00:43:32.532
So my feeling is
that it's actually going to be faster

00:43:33.372 --> 00:43:35.372
for us than having city permitting done at this point.

00:43:36.212 --> 00:43:38.212
Perfect. Thank you.

00:43:38.652 --> 00:43:40.212
So how many
weeks are we into for meeting with the state right now?

00:43:42.452 --> 00:43:45.372
Just a couple of weeks.
Couple weeks.
And just roughly you're estimating

00:43:47.120 --> 00:43:49.120
in a perfect world about how many more weeks?

00:43:49.520 --> 00:43:51.920
Couple more weeks.
I'm actually hopeful

00:43:52.920 --> 00:43:54.920
that we can do something in October regarding demolition

00:43:55.252 --> 00:43:57.252
and ground. A groundbreaking,

00:43:58.812 --> 00:44:00.812
but I won't say when in October

00:44:02.120 --> 00:44:04.212
quite yet.
I don't have that.
I'll know more after I speak to the county tomorrow.

00:44:05.612 --> 00:44:07.612
Thank you, Councilmember. Right.

00:44:07.972 --> 00:44:09.972
So I'm excited to see the timeline again.

00:44:11.493 --> 00:44:13.493
And to see that we're in process on the timeline.

00:44:14.653 --> 00:44:16.653
I think that's the critical piece. We're moving.

00:44:17.133 --> 00:44:19.133
OK, please keep us informed if there are delays.

00:44:20.973 --> 00:44:22.973
So I agree with Councilmember Joe back there.

00:44:23.613 --> 00:44:26.133
You know, the anticipation was
it was going to come along more quickly than it did,

00:44:27.573 --> 00:44:29.573
and that's through no fault of yours.

00:44:30.173 --> 00:44:32.173
But but it is something that we have to be very careful

00:44:33.973 --> 00:44:36.773
about communicating to the public
because they they they are demanding, you know.

00:44:39.693 --> 00:44:41.693
Help in this. Particular area.

00:44:42.373 --> 00:44:44.453
And then then finally,
I just wanted to thank you for what you do.

00:44:45.693 --> 00:44:47.693
This is some of the hardest work that is done in the city.

00:44:50.930 --> 00:44:52.930
And it's it's it's critical that we have people

00:44:54.813 --> 00:44:56.813
who like you, who are reaching out

00:44:57.453 --> 00:44:59.453
to the unsheltered and giving them

00:45:00.254 --> 00:45:02.254
options you know, and I know

00:45:03.694 --> 00:45:06.534
some of them are taking advantage of that.
And that's a frustrating thing to me

00:45:08.134 --> 00:45:10.134
that that that's not happening

00:45:10.654 --> 00:45:12.654
but perhaps once this is all built, though,

00:45:13.414 --> 00:45:15.414
we can look at it again and examine that question of

00:45:17.540 --> 00:45:19.540
why are some individuals not taking advantage

00:45:20.774 --> 00:45:22.774
because there are some people
that aren't in the pets and possessions part of it

00:45:24.854 --> 00:45:26.854
that still don't want to come to the shelter.

00:45:26.894 --> 00:45:28.894
And so we have to kind of figure all of that out

00:45:29.894 --> 00:45:32.614
and find out what our role is in
getting them to you and finding out

00:45:33.334 --> 00:45:35.334
if there's anything else that maybe your folks can do to

00:45:36.774 --> 00:45:38.774
to make it more amenable. But again, thank you.

00:45:39.540 --> 00:45:41.540
Thank you. We're here to partner long term.

00:45:41.940 --> 00:45:43.134
We recognize that
the unsheltered population

00:45:43.534 --> 00:45:45.534
is the most difficult population to get off the street.

00:45:46.574 --> 00:45:49.294
All the low hanging fruit
are already there, already off the street.

00:45:50.295 --> 00:45:52.295
So. Yeah, it's it's going to be a hard for.

00:45:53.550 --> 00:45:55.775
A long term unsheltered. Yeah.
That just don't want to leave.

00:45:57.215 --> 00:45:59.215
That's correct. Yeah.

00:46:01.575 --> 00:46:04.255
OK, thank you.
Thank you. If there are no further questions.

00:46:04.815 --> 00:46:06.815
So that concludes your update.

00:46:07.550 --> 00:46:09.550
Thank you.

00:46:16.615 --> 00:46:18.615
That agenda item 16 public hearings

00:46:21.255 --> 00:46:23.255
will be hearing item 16.1 and 16.2 concurrently.

00:46:27.215 --> 00:46:29.215
But we'll take separate votes at the end

00:46:31.775 --> 00:46:33.775
16.1 initial study

00:46:34.655 --> 00:46:36.655
initial study addendum to the 2040 General Plan

00:46:38.135 --> 00:46:40.135
Environmental Impact Report Prison and annexation requests

00:46:42.160 --> 00:46:44.160
for the proposed hotel development on East Tamburlaine

00:46:45.816 --> 00:46:47.816
16.2 adopt the resolution approving an addendum

00:46:49.296 --> 00:46:51.296
to the 2040 general plan Environmental Impact Report.

00:46:53.136 --> 00:46:55.136
Adopt an ordinance for pre zoning and adopt a resolution

00:46:56.976 --> 00:46:58.976
authorizing annexation requests for the proposed

00:47:00.416 --> 00:47:02.416
hammer marketplace development on East Tamerlane staff.

00:47:03.776 --> 00:47:06.776
You have the floor to present. Thank you.
Thank you Mayor.

00:47:06.936 --> 00:47:08.976
Good evening counsel.
Mike McDowell Committee Development Department.

00:47:11.160 --> 00:47:13.536
As the Mayor indicated,
we have a little unique situation here

00:47:14.336 --> 00:47:16.336
where we have two projects that are very correlated

00:47:18.536 --> 00:47:20.536
as far as their sites are located adjacent to one another

00:47:22.176 --> 00:47:24.176
and the good majority of the entitlements

00:47:24.656 --> 00:47:26.656
that you're considering this evening are jointly prepared.

00:47:28.296 --> 00:47:30.856
So they cover both projects.
I'm going to have to pause you there

00:47:31.497 --> 00:47:33.497
because I need to declare the public hearing open.

00:47:33.817 --> 00:47:36.697
Oh, OK.
I now declare the public hearing open.

00:47:37.377 --> 00:47:39.977
Sorry, you're going to have to repeat yourself now.
OK, but just to be clear,

00:47:40.777 --> 00:47:42.777
the public hearing is for both projects. Six.

00:47:43.897 --> 00:47:45.737
That's correct.
The public hearing is open for 16.1 and 16.2.

00:47:48.857 --> 00:47:51.257
Thank you.
Thank you.
OK, so

00:47:51.337 --> 00:47:54.170
so just to go over that again,
I'm very pleased to be presenting these two projects.

00:47:55.657 --> 00:47:58.457
We've been working on them for quite some time
and so glad to be presenting them.

00:47:59.657 --> 00:48:01.657
So the reason why we're we're presenting these all in

00:48:03.170 --> 00:48:05.170
one presentation is because there's a lot of co-relation

00:48:07.177 --> 00:48:09.177
related to the two sites for these projects.

00:48:11.577 --> 00:48:13.577
The the entitlements that are prepared,

00:48:14.497 --> 00:48:16.497
that are for your consideration are covering both projects.

00:48:18.697 --> 00:48:20.697
So it made more sense to combine the presentation and not do

00:48:22.738 --> 00:48:24.738
concurrent presentations that would really be repetitive.

00:48:25.938 --> 00:48:28.698
So that's the reason why we're joining together in
this presentation. OK,

00:48:31.498 --> 00:48:33.218
so the
project site is located south of East Tamerlane

00:48:36.580 --> 00:48:38.580
on the west side of 99 and then east of, of Maranatha.

00:48:40.980 --> 00:48:42.980
So you can see the hotel project is located

00:48:44.378 --> 00:48:46.378
up there in yellow in the boxes

00:48:46.458 --> 00:48:48.458
and then the Marketplace project is located in the Orange area

00:48:50.738 --> 00:48:52.738
right immediately adjacent to Maranatha.

00:48:53.338 --> 00:48:55.338
And just for some perspective, we added CarMax up there.

00:48:56.538 --> 00:48:58.538
CarMax is located just to the west of this project.

00:48:59.898 --> 00:49:02.180
Site area
and was annexed into the city just a few years ago.

00:49:07.138 --> 00:49:09.138
So the purpose of this exhibit is just to indicate the area

00:49:10.739 --> 00:49:12.739
that's currently county and city.

00:49:12.779 --> 00:49:14.779
So the area that's in the county is in blue

00:49:16.419 --> 00:49:18.419
and as you can see, the project that I just pointed out

00:49:19.899 --> 00:49:21.899
in the yellow and orange are currently in the blue area.

00:49:23.259 --> 00:49:25.259
So part of the request includes the annexation

00:49:30.179 --> 00:49:32.179
of this area into the city limits.

00:49:32.659 --> 00:49:34.659
And that will require council's approval to file an application

00:49:36.779 --> 00:49:38.779
with laugh, go and laugh, golden will you decide on

00:49:40.379 --> 00:49:42.379
the annexation

00:49:45.179 --> 00:49:48.990
so this slide just gives you some perspective
of the general plan land use map.

00:49:48.899 --> 00:49:51.339
It identifies commercial
for all of the properties involved in both projects.

00:49:54.590 --> 00:49:56.590
And again, these projects are commercial

00:49:57.299 --> 00:49:59.299
related projects being a hotel and a convenience gas station

00:50:02.900 --> 00:50:04.900
and a sonic and a Blackbird Diner

00:50:05.940 --> 00:50:07.940
and an elite car wash

00:50:10.460 --> 00:50:11.900
the zoning
map is shown here and you can see the projects

00:50:14.300 --> 00:50:16.300
don't have any sort of layer listed on them because today

00:50:18.420 --> 00:50:20.420
they're in the county, so they have county zoning.

00:50:21.180 --> 00:50:23.180
And so the zoning that's surrounding it

00:50:23.380 --> 00:50:25.380
that you can see in pink and yellow, that's the city's

00:50:26.660 --> 00:50:28.660
zoning and it's commercial adjacent.

00:50:28.820 --> 00:50:30.820
And what's being proposed is commercial general

00:50:31.740 --> 00:50:33.740
zoning for this project site that will not take effect

00:50:35.200 --> 00:50:37.200
until this project is annexed and incorporated into the city.

00:50:38.460 --> 00:50:41.420
And then the zoning
will become proposed as commercial general.

00:50:43.620 --> 00:50:45.620
That's part of the pre zoning this evening.

00:50:47.420 --> 00:50:49.420
So again, just to go over the project description,

00:50:49.820 --> 00:50:51.820
I briefly covered them, but we've got 7.7.

00:50:52.421 --> 00:50:54.421
Six acres entirely with both projects combined.

00:50:56.701 --> 00:50:58.701
The development of the Marketplace project

00:50:58.981 --> 00:51:00.981
is an Arco AMPM with fueling stations and convenience store

00:51:02.941 --> 00:51:04.941
Sonic Kwik Serve Restaurant and a Blackbird Diner and elite

00:51:06.741 --> 00:51:08.741
car wash that's makes up the Marketplace project.

00:51:09.901 --> 00:51:11.901
And then we have a development of a hotel adjacent,

00:51:14.141 --> 00:51:16.141
which is 141 hotel suites and it's a dual branded hotel.

00:51:19.210 --> 00:51:21.210
This one is unique in that it provides

00:51:22.181 --> 00:51:24.181
for both short term and long term stays.

00:51:25.981 --> 00:51:27.981
So the Fairfield Inn provides 81 suites again

00:51:29.781 --> 00:51:31.781
for the short term, and then the Town Place Suites,

00:51:32.741 --> 00:51:34.741
which is located on the east side of the building,

00:51:35.661 --> 00:51:37.661
is providing for 60 longer term stays.

00:51:40.382 --> 00:51:42.382
And then as indicated here, it, it contains the normal stuff

00:51:44.222 --> 00:51:46.222
that you probably used to seeing in hotel

00:51:46.462 --> 00:51:48.462
as is the lobby registration area, lounge, restaurant and bar

00:51:49.862 --> 00:51:52.822
and a meeting room and a fitness center
and ancillary rooms to support the hotel use

00:51:57.382 --> 00:52:00.302
this exhibit here is just to give you
some perspective of the way

00:52:00.542 --> 00:52:02.542
everything's laid out so you can see the gas station,

00:52:02.582 --> 00:52:05.582
as you might expect, is located on the corner.
That's where most gas stations tend to

00:52:08.220 --> 00:52:10.220
vie for access to.

00:52:10.542 --> 00:52:12.542
This project site will be taken from Hammer.

00:52:13.262 --> 00:52:15.262
It'll be a common driveway

00:52:15.662 --> 00:52:17.662
just to the east of of Maranatha and Hammer

00:52:20.102 --> 00:52:22.102
and it will be shared with the hotel project.

00:52:24.702 --> 00:52:26.702
The other driveway access will be off Maranatha.

00:52:27.182 --> 00:52:29.182
There's two driveways located off Maranatha

00:52:29.622 --> 00:52:31.622
on the west side of the project and then to the south

00:52:32.703 --> 00:52:34.703
where it serves as pretty much the frontage road.

00:52:35.463 --> 00:52:38.343
It's called Maranatha for now.
But there's also a full access

00:52:38.943 --> 00:52:40.943
driveway on that Maranatha Drive.

00:52:42.903 --> 00:52:44.903
So again, just to give some perspective on the

00:52:45.463 --> 00:52:47.463
the other uses on here, so you have the AMPM

00:52:48.463 --> 00:52:50.983
and then you have the Sonic.
And then to the south of that, you have the Blackbird Diner.

00:52:52.623 --> 00:52:54.623
And then the elite car is at the very south part of the site.

00:52:57.230 --> 00:52:59.230
All of the parking and access will be common.

00:53:01.583 --> 00:53:03.583
So there will be an agreement among the

00:53:04.583 --> 00:53:06.583
the properties for sharing access and common parking

00:53:11.343 --> 00:53:13.343
so this is a proposal for the hotel site.

00:53:14.463 --> 00:53:16.223
And you can see
it'll be all landscaped along the perimeter with trees.

00:53:18.663 --> 00:53:20.663
And I indicated before it's a split dual use hotel.

00:53:23.184 --> 00:53:25.784
So you got the Fairfield on the
on the west side of the building.

00:53:27.184 --> 00:53:29.184
And then you also have the other

00:53:30.704 --> 00:53:32.704
user on the east side of the building.

00:53:34.264 --> 00:53:36.264
And then what you can see also from this figure,

00:53:36.784 --> 00:53:38.784
you can see the common driveway up at Hamer and there's

00:53:40.504 --> 00:53:42.504
an independent driveway to the east of the site.

00:53:44.224 --> 00:53:46.224
That's its own access to Hamer Lane.

00:53:46.744 --> 00:53:49.584
So right and right out.
And then also something really important is that there's

00:53:51.784 --> 00:53:53.784
common access that we required between the uses, which makes

00:53:55.504 --> 00:53:57.504
complete sense from our standpoint of people

00:53:57.744 --> 00:53:59.744
staying at the hotel or hitting the commercial

00:53:59.944 --> 00:54:02.624
before they get to the hotel.
They can do it in between the two projects.

00:54:04.184 --> 00:54:06.184
They don't have to leave the site and

00:54:07.104 --> 00:54:09.104
go access the hotel site from the commercial so you can see on

00:54:09.744 --> 00:54:11.744
the south part of this project, there's an arrow, a blue arrow,

00:54:13.865 --> 00:54:15.865
and that's the common joint access between

00:54:16.545 --> 00:54:18.545
the commercial site marketplace to the West

00:54:22.385 --> 00:54:23.985
So these are just
some renderings for each of the uses.

00:54:26.185 --> 00:54:28.185
The Planning Commission took action on this before Council

00:54:31.105 --> 00:54:33.105
they approved the design review for these projects

00:54:34.385 --> 00:54:36.385
and their decisions are pending Council's decision this evening

00:54:38.545 --> 00:54:40.545
and then ultimately everything again will not take effect

00:54:42.650 --> 00:54:44.650
until Lefkow takes action on the annexation application.

00:54:47.785 --> 00:54:50.585
Here's a rendering of the
the dual use dual branded hotel

00:54:56.545 --> 00:54:59.265
and so just to recap,
as far as the review steps we've gone through,

00:54:59.945 --> 00:55:01.945
Planning Commission, they're recommending approval.

00:55:02.260 --> 00:55:04.260
They took action on the land development permit for the hotel

00:55:07.426 --> 00:55:09.426
and the use permit for the AMPM, which includes alcohol.

00:55:12.586 --> 00:55:14.260
And again,
those actions do not take effect until the full actions

00:55:16.266 --> 00:55:17.906
by council.
So the Development Review Committee

00:55:18.946 --> 00:55:21.386
took action on the annexation
and city services plan and made recommendation to Council

00:55:24.626 --> 00:55:27.466
and then for Council's consideration.
Tonight, we have the addendum to the general plan e.R.

00:55:29.426 --> 00:55:31.426
So we're making use of the

00:55:31.506 --> 00:55:33.506
the air that was done for the general plan update.

00:55:34.826 --> 00:55:36.826
And we've done an addendum to that with special studies

00:55:37.546 --> 00:55:39.546
that address this project specifically.

00:55:41.186 --> 00:55:43.186
And then we're also proposing free zone.

00:55:43.346 --> 00:55:45.346
So again, providing zoning for these properties

00:55:45.706 --> 00:55:48.266
that today don't have city zoning.
So that's what pre zoning means.

00:55:49.260 --> 00:55:51.627
You're providing commercial general.
That's what's proposed zoning for these sites.

00:55:54.670 --> 00:55:56.670
And they will take effect once the city annexes

00:55:57.427 --> 00:55:59.427
these properties into its limits.

00:56:00.867 --> 00:56:02.867
And lastly, annexation and city services plan.

00:56:03.667 --> 00:56:05.667
This is something that is for your consideration.

00:56:06.547 --> 00:56:08.747
But really we're looking for
these are documents that Lago requires.

00:56:09.667 --> 00:56:11.667
So that's an app on the

00:56:12.787 --> 00:56:14.787
the request for you this evening is for to allow

00:56:16.747 --> 00:56:18.747
the city manager to file an application with the local

00:56:20.227 --> 00:56:22.227
agency formation commission which handles annexation.

00:56:24.670 --> 00:56:26.867
And then they're going to take the lead from there.
As far as the annexation goes,

00:56:31.827 --> 00:56:33.827
and so staff recommends again approval of the general plan

00:56:35.347 --> 00:56:37.347
addendum and the pre zone city services plan and annexation.

00:56:39.627 --> 00:56:41.627
And just to make sure it's clear,

00:56:43.228 --> 00:56:45.228
we need separate actions taken on each agenda item,

00:56:47.468 --> 00:56:49.708
even though it's a combined public hearing,
we'll still need

00:56:49.708 --> 00:56:51.708
separate actions by council voting actions for each project.

00:56:57.988 --> 00:56:59.388
Excellent.
Thank you for the presentation.

00:57:00.680 --> 00:57:01.508
Clark, do
we have any public comments for agenda item 16.1 or 16.2?

00:57:04.628 --> 00:57:07.268
We do.
Mayor we have Mr.
Glen Scales here.

00:57:10.428 --> 00:57:12.708
Is this for 16.1?
It's for 16.1 and 16.2.

00:57:14.680 --> 00:57:16.680
Thank you.

00:57:36.309 --> 00:57:38.309
Oh. Good evening.

00:57:39.690 --> 00:57:41.690
My name is Glen Skills.

00:57:42.349 --> 00:57:45.149
I occupy our.
Property right across.

00:57:45.509 --> 00:57:48.469
From the
projected hotel

00:57:49.669 --> 00:57:51.669
for 133 East Tamburlaine Stockton.

00:57:52.469 --> 00:57:54.869
California.
And my concerns are number one in this rezoning.

00:57:57.949 --> 00:57:59.949
How is it going to affect me with my taxes?

00:58:01.669 --> 00:58:03.789
How's it going to affect me?
With my utilities and

00:58:06.749 --> 00:58:08.749
the hotel?

00:58:09.290 --> 00:58:11.290
I'm hoping that it won't.

00:58:11.690 --> 00:58:13.690
Be utilized for

00:58:15.709 --> 00:58:18.269
transients.
Or something like that, because I understand that one.

00:58:20.230 --> 00:58:22.230
Part is going to be temporary.

00:58:25.700 --> 00:58:27.190
Usage, and then other
is going to be long term usage.

00:58:30.110 --> 00:58:32.110
So I'm really concerned about those things right there.

00:58:33.950 --> 00:58:36.430
So if you could.
Answer those for me, I would really appreciate it.

00:58:45.910 --> 00:58:48.470
So we're not at liberty to respond
directly to your question right now.

00:58:49.310 --> 00:58:52.190
We're not at liberty to respond directly
to your question right now, but we can follow up with you.

00:58:54.190 --> 00:58:56.470
Oh, OK.
This is my first time

00:58:58.950 --> 00:59:00.910
thank you for allowing me
to speak and

00:59:05.590 --> 00:59:07.590
another question that I have on

00:59:09.110 --> 00:59:11.110
if if the if the

00:59:12.751 --> 00:59:14.751
area becomes commercial, my property. Is.

00:59:16.591 --> 00:59:18.591
Is more two and a half acre

00:59:18.911 --> 00:59:20.911
less than an acre.

00:59:23.791 --> 00:59:26.351
How would that affect me?
That's another question I have.

00:59:28.151 --> 00:59:30.231
OK, thank you.
Thank you.

00:59:32.631 --> 00:59:34.631
That concludes your public comment.

00:59:35.191 --> 00:59:36.631
Thank you.
At this time, I open it up to, uh,

00:59:38.311 --> 00:59:41.310
to the council to have any questions.
Councilmember Joe Breck. Thank you, Mayor.

00:59:42.991 --> 00:59:44.991
I hope somebody from planning can reach out to things.

00:59:45.310 --> 00:59:47.310
I know a lot of those are pretty easy,

00:59:47.711 --> 00:59:49.631
pretty answers, actually.
Prop 13, I wouldn't think that would affect the property at all

00:59:51.751 --> 00:59:53.591
this development.
So this is something that I think is a no brainer.

00:59:56.631 --> 00:59:58.631
Kudos to you and your staff.

00:59:58.711 --> 01:00:00.711
This I remember seeing

01:00:01.592 --> 01:00:03.632
brochures for this
property for sale several years ago.

01:00:05.672 --> 01:00:07.672
There were, they were it was only just parts of this project.

01:00:09.392 --> 01:00:11.392
And then for whatever reason that kind of fell through.

01:00:12.192 --> 01:00:14.192
And now this hotel is being added, which I think is

01:00:17.312 --> 01:00:19.312
is huge for this is community.

01:00:19.992 --> 01:00:21.992
There are no hotels along the 99 corridor.

01:00:23.672 --> 01:00:25.672
And I'll tell you Reynolds Ranch is kicking our but

01:00:27.192 --> 01:00:29.352
when it comes to generating
tax revenue away from the city of Stockton

01:00:31.720 --> 01:00:33.720
and which is why I think they have two or three hotels

01:00:34.432 --> 01:00:36.432
56 miles north of that location because they've done

01:00:38.152 --> 01:00:40.152
figured out they can they can add all those folks

01:00:41.720 --> 01:00:43.472
from Stockton who might want to come
just talk to them just go there because there's just no hotels.

01:00:45.392 --> 01:00:47.392
So I think this is huge.

01:00:47.592 --> 01:00:49.592
I'm happy to support this

01:00:50.793 --> 01:00:52.873
this is so cool.
I know that I see the neighbor that's general commercial

01:00:56.473 --> 01:00:58.473
if we go back to the zoning map because there was one thing

01:00:58.553 --> 01:01:00.553
I was going to ask while we're just cleaning up

01:01:04.330 --> 01:01:06.193
I see that the CarMax
is under general commercial.

01:01:08.793 --> 01:01:10.793
So which allows for more more flexibility

01:01:11.873 --> 01:01:13.873
and projects and potential projects.

01:01:14.993 --> 01:01:16.993
But if you look to the north side of Hamer,

01:01:17.833 --> 01:01:19.833
I'm wondering is if part of this cleanup

01:01:20.913 --> 01:01:22.593
or future
cleanup is going to change that commercial auto district

01:01:25.393 --> 01:01:27.393
back to commercial, general commercial

01:01:28.873 --> 01:01:31.553
to allow for the same type of flexibility?
Because I would think and correct me

01:01:32.193 --> 01:01:35.113
if I'm wrong that commercial auto
district is more restrictive to what can go there

01:01:37.233 --> 01:01:39.233
than what would be in general commercial.

01:01:40.874 --> 01:01:42.874
So the the answer to that is yes.

01:01:44.794 --> 01:01:46.794
But the council

01:01:48.794 --> 01:01:50.794
several years back, um,

01:01:51.594 --> 01:01:53.594
took an action on the commercial auto zoning and allowed

01:01:55.954 --> 01:01:57.954
significantly more uses to go into the commercial auto zoning.

01:02:00.274 --> 01:02:02.274
We don't have a lot of, of commercial areas

01:02:03.194 --> 01:02:05.194
zoned commercial auto mostly it's around the auto plaza

01:02:06.634 --> 01:02:09.194
that you might expect off of.
So it has a lot of infill to do.

01:02:09.754 --> 01:02:11.954
Yeah, it does.
And so that was the interest, it was a really initiated

01:02:14.194 --> 01:02:16.194
by the private party as far as the auto area

01:02:18.340 --> 01:02:20.340
they proposed allowing for more uses

01:02:20.954 --> 01:02:22.954
because they had just vacant land out there

01:02:23.740 --> 01:02:25.634
and they had buildings that were empty, you know,
because most of the auto uses have moved towards the freeway

01:02:28.354 --> 01:02:30.354
oriented just keeps going over and over time.

01:02:31.595 --> 01:02:33.675
It seems to be
go inward into the city and then now it's

01:02:35.675 --> 01:02:38.635
got to be marketed along the freeways.
So anyway, that was the not to get too deep on the auto zoning,

01:02:41.755 --> 01:02:44.435
but there's not much of it
away from that auto plaza but what an auto dealership

01:02:47.750 --> 01:02:49.750
B allowed like because CarMax is going in general commercial.

01:02:50.635 --> 01:02:52.595
So hypothetically
of a car dealership wanted to go into that

01:02:54.355 --> 01:02:56.355
corner lot could they if it was general commercial.

01:02:59.355 --> 01:03:01.355
Yes. So

01:03:01.835 --> 01:03:03.835
that's what I'm wondering is what would it take to

01:03:04.515 --> 01:03:06.515
just get to get that cleaned up to BGC

01:03:07.515 --> 01:03:10.515
so that it opens up the opportunities.
Now, this whole area is being developed

01:03:11.595 --> 01:03:13.595
so it's it's not as restrictive as what that would be.

01:03:14.435 --> 01:03:16.435
So I was thinking if I was out, if I'm a real estate agent

01:03:19.350 --> 01:03:21.676
and I'm trying to market this property
right now, it's more restrictive

01:03:22.676 --> 01:03:24.676
than what it would be if it was general commercial.

01:03:25.236 --> 01:03:27.236
Well, at one time, we did have an auto use

01:03:28.596 --> 01:03:30.596
dealership proposed at that location.

01:03:30.636 --> 01:03:32.636
And I'm not sure who the ownership is today.

01:03:32.916 --> 01:03:34.916
It could still be the same ownership

01:03:35.356 --> 01:03:37.436
and they might be just hanging
on to it, waiting on the market, you know, to to change.

01:03:40.276 --> 01:03:42.276
So it really would take something initiated

01:03:43.756 --> 01:03:46.636
by the property, by the property owner.
We typically don't go out and and look for properties

01:03:50.316 --> 01:03:52.316
that we can kind of convert to make them more marketable

01:03:53.556 --> 01:03:55.556
or, you know, more flexible with options.

01:03:56.316 --> 01:03:58.876
Usually that comes from the property owner.
OK, we are going through a zoning

01:03:59.436 --> 01:04:01.436
consistency effort where we are working

01:04:01.556 --> 01:04:03.556
with the property owners to address them, but

01:04:04.760 --> 01:04:06.760
we don't have an inconsistency there.

01:04:06.276 --> 01:04:08.276
OK, at that location.

01:04:08.316 --> 01:04:09.876
Appreciate it.
Yes, good job. This is an easy us.

01:04:12.397 --> 01:04:15.117
So thank you.
Councilmember Walmsley.

01:04:17.370 --> 01:04:19.370
Thank you so much, Mayor.

01:04:19.277 --> 01:04:21.477
And great.
This is a great project, is very clean and sophisticated.

01:04:25.477 --> 01:04:27.477
I guess this is a perk of being

01:04:27.797 --> 01:04:29.797
a former commissioner, now a city council member.

01:04:31.837 --> 01:04:33.837
But I specifically remembered the CarMax presentation

01:04:36.557 --> 01:04:38.557
I believe I was the chair of the commission at that time.

01:04:40.597 --> 01:04:42.597
And so and in looking at the overall design

01:04:46.437 --> 01:04:48.277
well, not the design
but the property in the area, I remember specifically

01:04:51.437 --> 01:04:53.437
that there were some concerns about tribal remains

01:04:56.757 --> 01:04:58.757
that were discovered during the CarMax

01:05:00.758 --> 01:05:02.558
project.
And so my question is, because it's so close and proximity

01:05:06.678 --> 01:05:08.678
that could be a possibility

01:05:09.358 --> 01:05:12.358
when breaking ground for this project.
And what are the steps?

01:05:14.638 --> 01:05:16.638
Are the process of protecting potential tribal

01:05:19.558 --> 01:05:21.558
discovery and findings?

01:05:22.358 --> 01:05:25.238
And so
to put myself back on,

01:05:25.998 --> 01:05:27.998
so we have very similar mitigation measures

01:05:29.838 --> 01:05:31.838
for this project site as well where there are

01:05:34.238 --> 01:05:36.238
monitors that are required during construction.

01:05:37.780 --> 01:05:39.278
Actually,
just to make sure I heard you correctly, because CarMax is

01:05:41.198 --> 01:05:43.198
really just just getting off the ground started construction.

01:05:44.518 --> 01:05:47.318
So I don't think there's been anything determined.
But you're right, as far as when that project was considered,

01:05:50.790 --> 01:05:52.790
there was a cultural resources review.

01:05:53.399 --> 01:05:54.839
Right.
And it did identify that that is a potentially sensitive area

01:05:57.839 --> 01:05:59.799
below ground. Right.
You don't see this stuff

01:06:00.119 --> 01:06:02.959
normally on the surface, it's below ground.
So there are measures that are required to be followed

01:06:06.359 --> 01:06:09.790
for this project
to make sure that they don't disturb anything below ground.

01:06:11.959 --> 01:06:13.959
And if they do come across something during excavation,

01:06:15.359 --> 01:06:17.359
there's a monitor from the Native American tribes

01:06:19.790 --> 01:06:21.790
that are there entirely during the construction process.

01:06:24.559 --> 01:06:26.559
And so those are the measures that make sure that, you know,

01:06:27.599 --> 01:06:29.599
we take care as far as any potential resources

01:06:31.319 --> 01:06:34.119
or disturbance absolutely.
I just wanted to make sure

01:06:34.279 --> 01:06:36.279
that I would you know, we would have the same

01:06:38.159 --> 01:06:40.159
privilege and option in this area as well.

01:06:41.400 --> 01:06:43.400
And then last but not least, Sonic and Black Bear

01:06:44.640 --> 01:06:46.640
sounds good in South Stockton, so don't forget about us.

01:06:50.280 --> 01:06:52.280
Thank you, Vice Mayor Fugazi.

01:06:52.400 --> 01:06:54.400
Yes. Actually, when I was on planning commission

01:06:55.800 --> 01:06:58.720
way long ago,
CarMax was always the discussion of what was going there.

01:07:00.880 --> 01:07:02.880
And we're talking 2014.

01:07:03.840 --> 01:07:05.840
So that was quite some time ago.

01:07:06.360 --> 01:07:08.920
But anybody that want to
and that wants to annex into the city, I'm all in support of

01:07:11.840 --> 01:07:14.800
for the most part.
And so here we have land

01:07:15.000 --> 01:07:17.720
that is going to be used appropriately.
That's going to serve our

01:07:17.920 --> 01:07:19.920
our communities serve our residents, serve

01:07:20.800 --> 01:07:22.800
our tax resident revenue, serve us on multiple levels.

01:07:24.280 --> 01:07:26.280
And I, I mean, I'm trying to think if I could be happier

01:07:30.810 --> 01:07:32.810
in talking about hotels, we do have a second hotel.

01:07:33.121 --> 01:07:34.761
And you were there
for the groundbreaking that will be at our road.

01:07:36.601 --> 01:07:38.321
But again,
yes, we should be having more, especially for the population

01:07:40.441 --> 01:07:42.441
that we have here in Stockton.

01:07:42.801 --> 01:07:44.801
So I look forward to this project coming to fruition.

01:07:47.401 --> 01:07:49.401
It has been a long time coming and we're finally here

01:07:51.841 --> 01:07:53.841
and let us know when it's time to break the shovels out.

01:07:57.241 --> 01:07:59.361
Thank you, Councilmember.
Right.

01:07:59.801 --> 01:08:02.201
I'm just going to join the chorus.
This is an exciting project.

01:08:02.841 --> 01:08:04.841
It's creating a lot of jobs and not all of them entry level.

01:08:06.721 --> 01:08:08.721
There are going to be some decent paying jobs at the CarMax

01:08:10.241 --> 01:08:12.241
and at the hotels where people are going

01:08:12.961 --> 01:08:14.961
to have some opportunities to to have a living wage.

01:08:17.761 --> 01:08:19.761
And this is

01:08:20.722 --> 01:08:22.820
one of
the most frustrating things for me as as the District

01:08:24.242 --> 01:08:26.242
two council member is seeing all of the rich vacant land

01:08:28.682 --> 01:08:30.162
we have
on that Maryland corridor, especially on this side of it.

01:08:32.242 --> 01:08:34.242
So to see some of this coming together is is

01:08:35.842 --> 01:08:37.842
it has been a long time coming and I'll happily support

01:08:39.242 --> 01:08:41.242
both measures. Thanks.

01:08:41.882 --> 01:08:43.882
Thank you, Councilmember Lynch.

01:08:44.162 --> 01:08:45.802
Thank you.
I just want to echo what everyone else says.

01:08:46.962 --> 01:08:48.962
Also, I just want to make sure we get back to that gentleman

01:08:49.922 --> 01:08:51.922
that had concerns that this hotel is for transients and

01:08:55.162 --> 01:08:57.162
he has big concerns about that and also his property taxes.

01:08:58.442 --> 01:09:00.442
I don't want us to forget to get back to him on that.

01:09:01.282 --> 01:09:03.282
So and he other people may have those same concerns.

01:09:04.562 --> 01:09:06.562
So I don't want us to forget to get back to him

01:09:07.562 --> 01:09:09.562
because like the mayor said, we couldn't respond tonight.

01:09:10.563 --> 01:09:12.563
So whoever on the staff needs to do that.

01:09:13.923 --> 01:09:15.923
I don't want us to forget about him.

01:09:16.203 --> 01:09:19.123
So we can certainly do that.
Mayor, if I could just mention that we do have the applicants

01:09:22.443 --> 01:09:24.443
here, you know, for the project that they could more clearly,

01:09:25.803 --> 01:09:27.803
if you wish to at least

01:09:29.300 --> 01:09:31.300
allow them to clarify the hotel

01:09:31.430 --> 01:09:33.430
use as far as the, you know, the

01:09:35.300 --> 01:09:37.300
shorter term stay in the longer term stay, it's up to you.

01:09:38.363 --> 01:09:41.323
I'm just letting you know they're in the audience.
For the record.

01:09:41.483 --> 01:09:43.483
You know, they can clarify for the record.

01:09:44.363 --> 01:09:46.603
What's that? Yeah. Yeah.
If you want. To come in and just clarify or.

01:09:48.483 --> 01:09:50.483
Clarify it for the record, it might help the gentleman

01:09:50.563 --> 01:09:53.430
if he's still hanging around
that we can certainly reach out to him no matter what,

01:09:55.123 --> 01:09:57.123
just in case he left

01:09:58.523 --> 01:10:00.523
did you want to come up and just
clarify

01:10:03.400 --> 01:10:05.404
and clarify that?
David Birkett, an architect.

01:10:05.964 --> 01:10:07.964
For the hotel site,

01:10:08.404 --> 01:10:11.164
the project is a Marriott,
and because it is a town place suites and a Fairfield Inn.

01:10:13.684 --> 01:10:15.724
And Suites, it's.
Considered one of Marriott's more upscale hotels,

01:10:17.884 --> 01:10:19.884
and it's going to be catering toward business travelers.

01:10:21.844 --> 01:10:24.404
And those are going to be the people who are going to come
in, stay the night, leave the next morning,

01:10:25.440 --> 01:10:27.400
and then more extended
stay is going to be catered more toward families.

01:10:29.324 --> 01:10:31.324
So I hope that helps answer questions.

01:10:32.524 --> 01:10:34.524
In regards to the clientele,

01:10:34.644 --> 01:10:36.644
the places will focus on the fact that there are your

01:10:38.764 --> 01:10:40.764
business managing project

01:10:41.124 --> 01:10:43.840
I think the.
Perfect please turn your my I.

01:10:43.924 --> 01:10:45.924
Think the person's concern was they thought it would be like

01:10:46.884 --> 01:10:48.884
we're going to put a bunch of homeless folks over there

01:10:49.724 --> 01:10:51.724
and that's not what this project is at all.

01:10:51.725 --> 01:10:53.725
And I think that's what he wanted clarity on.

01:10:54.500 --> 01:10:56.365
It was the extended
stay folks or the people who are here on business

01:10:58.765 --> 01:11:00.765
who may be managing projects locally construction

01:11:01.445 --> 01:11:03.445
workers, things like that. Is that not a fair.

01:11:04.500 --> 01:11:06.500
No, that is very true with some of the extended stay does.

01:11:06.405 --> 01:11:08.405
Cater to additional development construction workers

01:11:10.565 --> 01:11:13.850
or family members that come into.
Town to visit those.

01:11:13.725 --> 01:11:15.725
Sorts of individuals.

01:11:17.765 --> 01:11:20.245
Thank you,
Councilmember Cannava.

01:11:20.845 --> 01:11:22.925
Yeah, I just have a couple questions.
So the tax sharing agreement, so what do we actually get

01:11:25.445 --> 01:11:27.445
out of this when it's annexed

01:11:28.645 --> 01:11:30.645
tax dollars wise,

01:11:30.845 --> 01:11:33.445
the share agreement.
We're going to get sales tax.

01:11:35.285 --> 01:11:37.125
Right, right.
And hotel tax. And

01:11:39.845 --> 01:11:42.206
but on the real estate side, I'm not.
Sure how to calculate that.

01:11:42.726 --> 01:11:44.726
We tend to overreact to

01:11:46.366 --> 01:11:48.366
the current tax sharing agreement right now

01:11:48.846 --> 01:11:51.286
with the county
is a20 for the city as far as city wide,

01:11:53.126 --> 01:11:55.126
there are some areas around town

01:11:55.326 --> 01:11:57.326
like the airport area that have different

01:11:58.246 --> 01:12:00.246
agreements for tax sharing.

01:12:00.966 --> 01:12:02.966
But the one we have in place right now is the A24 property

01:12:03.846 --> 01:12:05.846
taxes and the city manager does address sales tax.

01:12:07.406 --> 01:12:09.406
And that's obviously a big one for us.

01:12:09.966 --> 01:12:11.966
As far as the sales tax, the property tax, we really it's

01:12:13.446 --> 01:12:15.446
there's a city services plan in here that that identifies

01:12:17.166 --> 01:12:18.966
property tax.
We really only end up getting about 9% of property tax.

01:12:21.126 --> 01:12:24.460
At the end of the day, the school district
gets a good chunk of it.

01:12:26.566 --> 01:12:29.366
Yeah.
I mean, it's good for us, no doubt,
that the school district gets the heavy load of it

01:12:30.887 --> 01:12:32.887
in San Joaquin County, gets the heavy load of property tax.

01:12:34.127 --> 01:12:36.127
Who gets the tourism the room tax?

01:12:36.367 --> 01:12:38.367
We have to share that. Or do we get. Yeah, no.

01:12:38.967 --> 01:12:40.967
We get we.
Gets we get some of that. Yes.

01:12:41.687 --> 01:12:43.687
So between the hotel tax property tax and the sales tax.

01:12:47.767 --> 01:12:49.767
We should be looking pretty good.

01:12:50.567 --> 01:12:53.207
All right.
OK, thank you.

01:12:53.487 --> 01:12:55.487
It's about 1.2 million it indicates annually.

01:12:57.247 --> 01:12:59.767
And that's really just an estimate.
You know, it really depends on how much sales really occur

01:13:02.767 --> 01:13:04.767
at the site and the use of the hotel so

01:13:06.407 --> 01:13:08.407
it's, you know.

01:13:08.647 --> 01:13:11.700
Thank you.
Can't say anything we don't have currently.
Thank you very much.

01:13:11.700 --> 01:13:13.700
And that that 1.2 is just the sales tax.

01:13:13.647 --> 01:13:15.647
So trans transient and the commercial sales.

01:13:17.700 --> 01:13:19.700
And then I talked about that 9% that we get from the county.

01:13:19.927 --> 01:13:22.768
So there are some coming from there, too. Perfect.
Thank you. OK, handsome. Right.

01:13:23.368 --> 01:13:25.368
And just if there are no further comments

01:13:25.848 --> 01:13:27.608
as since
this is adjacent to District two, I'd like to make the

01:13:29.848 --> 01:13:31.848
the motion to

01:13:33.128 --> 01:13:35.128
four 16.1

01:13:37.688 --> 01:13:39.688
yeah.

01:13:41.408 --> 01:13:44.480
And now I now declare the public
hearing closed for agenda item 16.1 and 16.2.

01:13:47.368 --> 01:13:49.368
At this time, we will cast their votes for 16.1.

01:13:51.328 --> 01:13:53.328
I think I have two and we'll need a motion.

01:13:54.568 --> 01:13:56.568
OK, motion to approve 16.1 as proposed.

01:13:59.128 --> 01:14:01.128
Ok, counsel, cast your vote please.

01:14:01.528 --> 01:14:04.208
From 16.1. Right?
16.1. Yes.

01:14:08.800 --> 01:14:10.800
Motion passes 70.

01:14:11.209 --> 01:14:13.249
Thank you.
Second.

01:14:13.649 --> 01:14:15.649
Cast your votes, please.

01:14:17.769 --> 01:14:19.769
Motion passes 70.

01:14:20.369 --> 01:14:23.890
Thank you.
Agenda item 16.3

01:14:25.289 --> 01:14:27.289
Appeal of the Planning Commission's denial of a

01:14:28.129 --> 01:14:30.129
commission use permit to establish every tourist,

01:14:30.849 --> 01:14:32.849
storefront, cannabis business and administrative use permit.

01:14:35.129 --> 01:14:37.129
To establish a retail non storefront

01:14:38.209 --> 01:14:40.209
delivery only cannabis business

01:14:40.929 --> 01:14:42.929
all concerning a 6500 square foot commercial space

01:14:45.329 --> 01:14:47.329
at 7616 Pacific Avenue unit a five

01:14:52.289 --> 01:14:54.289
I now declare the public hearing open

01:14:55.249 --> 01:14:56.529
staff.
You have four to present.

01:14:58.689 --> 01:15:01.130
Good evening, mayor and council members.
Stephanie Ocasio, assistant director of community

01:15:02.130 --> 01:15:04.450
development
before you tonight is an appeal of the Planning

01:15:05.610 --> 01:15:07.610
Commission's denial of a retail storefront and non-retail

01:15:09.210 --> 01:15:11.210
storefront cannabis business at 7616 Pacific Avenue Suite A5.

01:15:14.690 --> 01:15:16.890
This item was heard and moved
by the Planning Commission on July 8th. 2021

01:15:23.450 --> 01:15:25.450
the city's current cannabis regulatory program

01:15:25.730 --> 01:15:28.690
includes a limited expansion of certain
cannabis business types, including retail, storefront, or

01:15:31.130 --> 01:15:33.130
the ability to apply for this type of use is awarded

01:15:33.690 --> 01:15:35.690
through a lottery process where two winners are selected

01:15:36.290 --> 01:15:38.290
annually a general pool and an equity applicant

01:15:40.900 --> 01:15:42.900
the applicant for this proposal is the equity pool

01:15:42.570 --> 01:15:44.690
winner of the 2020 Lottery.
There was a typo

01:15:44.690 --> 01:15:46.690
in the staff report, so I did want to clarify that

01:15:47.210 --> 01:15:49.570
there are no annual limits
for retail non storefront delivery only land uses.

01:15:52.910 --> 01:15:54.910
However, this use does require an administrative use permit

01:15:55.571 --> 01:15:58.451
all time.
When is requirements in regards
to this application as required by the code have been met.

01:16:01.110 --> 01:16:03.110
Both proposed land uses have the same location requirements,

01:16:04.251 --> 01:16:06.251
including a minimum 300 feet from residentially

01:16:06.691 --> 01:16:09.251
zoned properties
and 600 feet from other uses such as parks, K-through-12

01:16:11.851 --> 01:16:13.851
schools, daycare, youth, childcare centers,

01:16:14.851 --> 01:16:16.851
in-home family daycare, child care centers,

01:16:17.611 --> 01:16:19.611
religious facilities, or drug abuse.

01:16:19.691 --> 01:16:21.691
Alcohol recovery treatment facilities,

01:16:25.571 --> 01:16:27.571
this slide provides a visual confirmation

01:16:27.771 --> 01:16:30.531
of the required location requirements
as applied to the proposed project site.

01:16:32.451 --> 01:16:34.451
The subject site and all adjacent parcels are zoned

01:16:34.851 --> 01:16:36.851
commercial general highlighted in the red.

01:16:37.491 --> 01:16:39.491
There are no residentially zoned properties within 300 feet,

01:16:40.172 --> 01:16:42.172
the closest being at 480 feet to the east.

01:16:44.372 --> 01:16:46.372
The site meets all codified location requirements

01:16:47.372 --> 01:16:49.452
from parks, K-12
schools, daycare, childcare centers, family daycares,

01:16:51.532 --> 01:16:53.532
religious facilities and drug facility treatment centers.

01:16:55.212 --> 01:16:57.212
There have been questions raised about the existence

01:16:57.372 --> 01:16:59.372
of a sober living recovery home within that 600 foot limit.

01:17:00.932 --> 01:17:02.932
That recovery home does not qualify as a drug abuse

01:17:03.332 --> 01:17:05.332
alcohol treatment facility, according to local and state

01:17:05.732 --> 01:17:07.732
definitions and state licensing requirements.

01:17:10.652 --> 01:17:12.652
The proposed location is within a multi-tenant site

01:17:13.532 --> 01:17:16.332
in the Hammer Ranch Shopping Center, the
7000 block of Pacific Avenue, just south of Lane

01:17:19.612 --> 01:17:22.452
neighboring uses include restaurants,
a dentist, another cannabis retailer, beauty,

01:17:24.812 --> 01:17:26.812
beauty services, a grocery store and a post office

01:17:30.173 --> 01:17:32.173
this is the submitted site plan for the project.

01:17:32.453 --> 01:17:35.930
The proposed location is Unit
five, which is highlighted in Pink

01:17:40.530 --> 01:17:42.530
The proposed project again is for a cannabis

01:17:42.293 --> 01:17:44.293
retail storefront and non storefront delivery business.

01:17:45.573 --> 01:17:47.573
Unit five is approximately 6500 square feet, which would house

01:17:49.693 --> 01:17:51.693
both of these storefront and non storefront operations.

01:17:53.413 --> 01:17:55.413
12 to 15 full time employees are planned

01:17:55.573 --> 01:17:57.573
in the first year with up to 20 employees in the third year.

01:17:58.933 --> 01:18:00.933
Business hours will be seven days a week from 8 a.m.

01:18:01.453 --> 01:18:03.453
to 8 p.m., which is consistent with code standards

01:18:06.653 --> 01:18:08.653
the proposed project meets all required findings.

01:18:09.930 --> 01:18:11.930
Those findings are spelled out in pages

01:18:11.213 --> 01:18:13.213
four to eight of the staff report.

01:18:13.733 --> 01:18:16.573
A location waiver is not necessary
for this proposed site, as all codify

01:18:17.693 --> 01:18:19.693
location distance requirements are met.

01:18:20.814 --> 01:18:22.814
The proposed project, as well as immediate neighboring uses,

01:18:23.654 --> 01:18:25.654
have been analyzed for parking and per codified requirements.

01:18:27.534 --> 01:18:30.174
Staff has confirmed that all suites
meet minimum parking standards to support their specific uses

01:18:33.940 --> 01:18:35.934
in addition to minimum parking spaces,
there are additional spaces in the vicinity available

01:18:37.254 --> 01:18:39.854
for patrons.
The project also aligns

01:18:40.940 --> 01:18:42.940
with the general plan, specifically Goals

01:18:42.254 --> 01:18:44.254
four and six, as well as policy l use 6.2.

01:18:46.414 --> 01:18:48.414
No concerns have been received from internal city departments

01:18:53.334 --> 01:18:55.214
on July eight,
the Planning Commission expressed a number of concerns

01:18:56.534 --> 01:18:58.534
and denied the project with a 42 vote with one absence

01:19:00.574 --> 01:19:02.574
concerns included proximity to an existing cannabis retailer

01:19:03.894 --> 01:19:05.894
and the economic impacts to that business

01:19:06.614 --> 01:19:08.614
over saturation in the area, as well as neighborhood impacts

01:19:09.574 --> 01:19:11.574
such as potentially increased crime rates

01:19:11.975 --> 01:19:14.415
and traffic and congestion.
The availability of parking was also noted

01:19:16.535 --> 01:19:18.495
during the discussion.
Staff responded to the commission's questions

01:19:19.575 --> 01:19:22.215
and confirmed that the proposal did meet
all codified requirements

01:19:22.455 --> 01:19:24.455
specified in this doctor municipal code.

01:19:25.335 --> 01:19:28.295
Public comment was also heard at that hearing,
with a total of ten verbal and 58 written comments

01:19:30.655 --> 01:19:33.135
of the total 68 comments.
34% were in favor, 66% were opposed

01:19:37.855 --> 01:19:39.855
This is an aerial view of the proposed project

01:19:40.495 --> 01:19:43.335
and its proximity to the existing cannabis
retailer in the same shopping center.

01:19:45.215 --> 01:19:47.215
The distance between the two sites is approximately 150 feet,

01:19:48.815 --> 01:19:50.815
separated by a dentist office in a drive vial right there.

01:19:53.655 --> 01:19:55.655
The code is currently silent on minimum distances

01:19:56.175 --> 01:19:58.735
between cannabis businesses.
Currently, there are no prohibitions

01:19:59.815 --> 01:20:01.815
or limits on proximity between businesses

01:20:05.456 --> 01:20:08.416
although there's no requirement in the municipal code
that cannabis businesses refrain from being located

01:20:09.736 --> 01:20:11.736
within a certain proximity of one another.

01:20:12.136 --> 01:20:14.136
Staff has provided this map to provide a reference

01:20:15.576 --> 01:20:17.576
as to where existing businesses are in the general area.

01:20:23.160 --> 01:20:24.896
The proposed project
is highlighted in red

01:20:28.736 --> 01:20:30.936
the slide before you provides
crime statistics for the subject site over a two year period.

01:20:33.296 --> 01:20:35.656
It's important to note the building
addresses are often identifiers for calls for service.

01:20:38.136 --> 01:20:40.136
Therefore, it can't be surmised that the address

01:20:40.656 --> 01:20:42.656
is the cause or involved in the incident.

01:20:43.736 --> 01:20:45.736
In the two year span, there was a total of 928

01:20:46.960 --> 01:20:48.160
calls for service,
including the general address and specific suites.

01:20:50.377 --> 01:20:52.377
Of those, one resulted in a crime report.

01:20:52.897 --> 01:20:54.897
Representatives from the police department are available.

01:20:55.417 --> 01:20:57.417
Should you have any questions

01:21:02.377 --> 01:21:05.297
in conclusion, the proposed project meets
all currently codified requirements

01:21:06.970 --> 01:21:08.970
and can make all the required findings in the municipal code.

01:21:09.697 --> 01:21:11.697
I'd like to take a moment to acknowledge the ongoing

01:21:12.137 --> 01:21:14.137
Cannabis Regulatory Program Update effort.

01:21:14.737 --> 01:21:16.857
Although a code amendment is
likely to occur in the future, the potential regulations

01:21:18.217 --> 01:21:20.217
therein should not be applied towards this application.

01:21:21.737 --> 01:21:23.737
That ordinance update was initiated by the council

01:21:24.177 --> 01:21:26.177
and staff has been diligent in documenting feedback

01:21:26.457 --> 01:21:28.457
and direction from the Council, Legislative Committee, Planning

01:21:29.377 --> 01:21:31.377
Commission and the public.

01:21:31.737 --> 01:21:33.777
It's important to note
the regulatory options discussed to date are one still options

01:21:36.457 --> 01:21:38.457
and two a direct result from feedback received.

01:21:39.497 --> 01:21:41.497
A particular note is the potential 1000 foot

01:21:41.778 --> 01:21:43.778
separation between cannabis storefront retailers

01:21:44.898 --> 01:21:47.778
this potential amendment is a direct result
of discussions held by both the Council

01:21:48.538 --> 01:21:50.538
and Planning Commission and does not come from staff.

01:21:51.738 --> 01:21:54.698
Staff acknowledges the unique circumstances
created by simultaneously

01:21:54.898 --> 01:21:56.898
processing applications based off current code standards

01:21:58.580 --> 01:22:00.580
whilst working on potential code amendments.

01:22:00.658 --> 01:22:02.658
That being said, that being said, stuff can only make

01:22:03.178 --> 01:22:05.178
recommendations based off the current code

01:22:09.418 --> 01:22:12.258
As a result of all submitted application
information, staff analysis, input findings, and current code

01:22:15.338 --> 01:22:17.978
staff is recommending that the City Council
reverse the Planning Commission's denial and approve

01:22:19.298 --> 01:22:21.298
commission use permit and administrative use permit

01:22:21.898 --> 01:22:24.858
for the proposed retail storefront and retail
non storefront at 76.16 Pacific Avenue Unit A5.

01:22:28.258 --> 01:22:30.258
I'm happy to answer any questions

01:22:34.939 --> 01:22:36.939
Thank you.

01:22:37.379 --> 01:22:39.379
Any question of the council

01:22:42.539 --> 01:22:45.219
Councilmember.
Right.
So first of all,

01:22:46.379 --> 01:22:48.379
I'd like to point out

01:22:48.539 --> 01:22:50.539
that I met with representatives from

01:22:52.190 --> 01:22:54.190
both dispensaries, Corey Travis from Sungard and Wellness, and

01:22:56.339 --> 01:22:58.339
was active on the representative for Chivas Stockton LLC.

01:23:01.779 --> 01:23:03.779
So and I just want to talk about cannabis a little bit

01:23:06.939 --> 01:23:08.939
because it gets people excited right?

01:23:10.779 --> 01:23:12.779
It's is it was approved by the voters

01:23:14.990 --> 01:23:16.990
overwhelmingly actually in 2016

01:23:18.190 --> 01:23:20.190
to be so legal cannabis in the city of Stockton.

01:23:22.540 --> 01:23:24.540
And they did

01:23:25.220 --> 01:23:27.220
the voters did something unique in that

01:23:27.660 --> 01:23:29.660
they allowed the council to make changes

01:23:31.600 --> 01:23:33.600
to existing policy to adjust to changes in in

01:23:36.580 --> 01:23:38.580
the cannabis sales arena.

01:23:39.980 --> 01:23:41.980
And I think that was that was a smart thing to do.

01:23:43.340 --> 01:23:45.340
But we want to be careful about obviously making changes

01:23:46.620 --> 01:23:48.620
that they're reflective of our city's needs

01:23:52.500 --> 01:23:54.500
The one thing one of the reasons I support

01:23:55.140 --> 01:23:57.140
legal cannabis is because of the safety aspect of it.

01:23:58.980 --> 01:24:00.980
Legal cannabis is tested for strength and adulterants

01:24:02.380 --> 01:24:04.380
and is exponentially safer than the illegally sold cannabis.

01:24:07.260 --> 01:24:10.200
Exponentially safer.
There's a lot of crazy stuff being sold illegally

01:24:12.661 --> 01:24:14.661
and that people have no idea what they may be ingesting.

01:24:16.581 --> 01:24:18.581
If they go to one of our legal dispensaries,

01:24:19.221 --> 01:24:21.221
they'll know 100% what they're ingesting.

01:24:22.661 --> 01:24:24.661
So I that said,

01:24:26.461 --> 01:24:28.461
I've been looking at

01:24:29.621 --> 01:24:31.621
this it's a complicated situation.

01:24:31.821 --> 01:24:33.821
I think we've got letters from lawyers for both sides

01:24:36.261 --> 01:24:38.261
implying things.

01:24:39.610 --> 01:24:41.610
So we just want to be very careful

01:24:41.101 --> 01:24:43.101
with the decision we make on this.

01:24:44.461 --> 01:24:46.461
I believe that Jeeva has met

01:24:49.301 --> 01:24:51.301
the all the requirements that the city has put out in place.

01:24:52.181 --> 01:24:54.181
They did win the lottery

01:24:54.901 --> 01:24:56.901
to be able to find a location within the city.

01:24:58.210 --> 01:25:00.210
And this current location meets

01:25:01.502 --> 01:25:03.502
the existing laws as written.

01:25:06.262 --> 01:25:08.262
I know there was the question of the alcohol and drug

01:25:09.542 --> 01:25:11.542
treatment center, but again, please,

01:25:12.662 --> 01:25:14.662
if we can go into a little more detail on that.

01:25:15.182 --> 01:25:17.542
Apparently there is an alcohol
and drug treatment center, but it's not licensed.

01:25:21.102 --> 01:25:23.102
Through the mayor. Yes.

01:25:23.422 --> 01:25:25.422
So it is not considered a drug treatment facility per

01:25:27.382 --> 01:25:29.382
the state definition, nor the city definition.

01:25:29.782 --> 01:25:31.782
So per their website, they do not offer

01:25:32.982 --> 01:25:34.982
alcoholism or drug abuse recovery treatment facilities.

01:25:36.102 --> 01:25:38.102
Rather, they have

01:25:38.302 --> 01:25:41.262
it's like a housing unit.
It's supportive.

01:25:41.342 --> 01:25:43.342
It's essentially just a place where recovering folks

01:25:44.582 --> 01:25:46.582
can live together and provide that support in that regard.

01:25:47.182 --> 01:25:49.662
But there's no counseling there's no
non-medical treatment, there's no detox services provided.

01:25:52.623 --> 01:25:54.623
And those are all things that are provided as part of a drug

01:25:56.663 --> 01:25:58.663
facility, a drug rehab what's the word I'm sorry,

01:26:00.630 --> 01:26:02.630
a residential facility or drug program.

01:26:03.183 --> 01:26:05.183
So they do not fall under that definition.

01:26:05.343 --> 01:26:07.343
Therefore, it's not considered

01:26:07.903 --> 01:26:09.903
a rehabilitation facility under the eyes of the code.

01:26:11.383 --> 01:26:13.383
OK, thank you.

01:26:14.583 --> 01:26:16.663
Thank you.
Before we proceed further, um,

01:26:18.303 --> 01:26:20.303
are we going to hear from the applicant?

01:26:21.343 --> 01:26:23.983
I believe they're on.
Beck's.

01:26:25.623 --> 01:26:27.823
We may have one in person,
I think, downstairs and also on WebEx.

01:26:29.983 --> 01:26:31.983
OK, let's do that and then we'll take

01:26:32.103 --> 01:26:34.103
the public comments after we hear from the applicant,

01:26:35.343 --> 01:26:37.343
and then we'll go back to comments from the council.

01:26:39.543 --> 01:26:41.543
Sounds good.

01:26:51.224 --> 01:26:53.744
At this time, I'd like to call Mr.
Zak on.

01:28:14.185 --> 01:28:16.185
This matter linking the members of the council.

01:29:03.666 --> 01:29:05.666
Good evening, and thank you for the opportunity to be heard.

01:29:06.306 --> 01:29:08.106
My name is Dr.
Bond, and I'm an attorney before you

01:29:08.346 --> 01:29:10.346
on behalf of the appellant GSK LLC,

01:29:11.427 --> 01:29:13.427
Five years ago, Stockton took a major step forward

01:29:13.787 --> 01:29:16.667
toward regulating and taxing cannabis
in recognition of the potential public

01:29:17.187 --> 01:29:19.187
safety and economic benefits to our city and its residents.

01:29:20.107 --> 01:29:23.107
However, the original draft of Measure P,
the genesis of Stockton's cannabis program,

01:29:24.187 --> 01:29:26.307
came from an initiative
brought forward by existing operators,

01:29:26.867 --> 01:29:29.867
which included business prerequisites that have left
only two to three businesses eligible

01:29:30.867 --> 01:29:32.867
if left unamended by council and passed by the voters.

01:29:34.147 --> 01:29:36.147
But the majority of the council at that time stepped up

01:29:36.747 --> 01:29:39.587
to do the right thing on behalf of the city
in removing those business prerequisites.

01:29:40.387 --> 01:29:43.347
In order to create true opportunity
for new investment into the city.

01:29:44.387 --> 01:29:46.387
Since that time, new investment has indeed occurred

01:29:46.427 --> 01:29:48.427
with $7 million going into Juva San Juan facility

01:29:49.427 --> 01:29:52.427
transformed from a rundown paper mill
into a showcase project capable of producing

01:29:53.747 --> 01:29:55.747
tens of millions of dollars in annual revenue.

01:29:56.227 --> 01:29:58.227
This was Stockton's first approved coupe

01:29:58.467 --> 01:30:00.467
and a project with which I was directly involved.

01:30:01.628 --> 01:30:04.348
Our leadership has also taken strides
to create even more opportunity by later

01:30:04.948 --> 01:30:06.948
approving adult use, cultivation and sales,

01:30:07.188 --> 01:30:09.188
adding distribution, manufacturing delivery,

01:30:09.628 --> 01:30:12.108
creating the equity program,
and actually removing the original 600 foot setback,

01:30:14.828 --> 01:30:16.828
restricting proposed businesses from existing businesses

01:30:17.308 --> 01:30:19.308
in recognition of the narrow field of properties available

01:30:20.308 --> 01:30:23.680
All of this progress was made by Council
working to create a fair, equitable

01:30:23.588 --> 01:30:25.588
and prosperous industry here, resulting in the realization

01:30:26.308 --> 01:30:28.308
of what were then only potential opportunities.

01:30:29.680 --> 01:30:31.680
Council now has yet another opportunity

01:30:31.268 --> 01:30:33.348
to do the right thing,
not by any deviation from its existing standards,

01:30:34.668 --> 01:30:36.668
but simply by following its own rules

01:30:37.428 --> 01:30:40.680
and staff's recommendation
which recognize as our meeting every criteria for approval.

01:30:42.748 --> 01:30:45.628
Zen Garden presents as the sole opponent
to this project, and despite the many benefits

01:30:46.668 --> 01:30:48.668
and additional incentives, this project has to offer,

01:30:49.280 --> 01:30:51.280
the majority of the Planning Commission expressly

01:30:51.690 --> 01:30:53.690
and exclusively base their decision to deny

01:30:53.309 --> 01:30:55.309
in protecting the sole economic interest of a single business.

01:30:57.690 --> 01:30:59.690
Not only does this project meet all city criteria for approval,

01:30:59.669 --> 01:31:01.669
but our majority owner, Heng, is an equity applicant

01:31:01.869 --> 01:31:03.869
who has virtually assured himself success

01:31:04.290 --> 01:31:06.690
through a licensing agreement
with the nation's foremost cannabis brand cookies.

01:31:07.709 --> 01:31:10.469
We've offered additional community
benefits to the city with a minimum 50 k a year over

01:31:12.509 --> 01:31:15.309
dedicated to city strategic initiatives
and charitable contributions up to 2.5% of our revenue,

01:31:17.349 --> 01:31:19.989
as well as upgrades to the shopping center
and concessions to Zen Garden, which are still on the table

01:31:21.909 --> 01:31:23.909
in which we would not object to as conditions of approval.

01:31:25.589 --> 01:31:27.589
We have ten other businesses in the shopping center

01:31:27.869 --> 01:31:30.549
who have endorsed our approval, recognizing
that the additional foot traffic

01:31:30.669 --> 01:31:32.669
will be a great benefit to their small business

01:31:32.789 --> 01:31:34.789
because even with Zen Gardens ongoing success and established

01:31:35.549 --> 01:31:37.629
customer base,
the Hammer Rent Shopping Center continues to struggle.

01:31:39.469 --> 01:31:42.230
Zen has offered zero evidence
that they will suffer any economic harm whatsoever.

01:31:44.230 --> 01:31:46.230
They now raise issues that have been analyzed by staff

01:31:46.390 --> 01:31:47.950
and included
in its environmental analysis with the conclusion

01:31:48.910 --> 01:31:50.910
that parking, traffic and criminal activity

01:31:51.300 --> 01:31:53.300
will not be a problem, which is confirmed by SPD.

01:31:54.750 --> 01:31:57.630
Now, a sober house, they have RES,
which they're actually closer to another item

01:31:58.990 --> 01:32:00.990
that has been vetted by staff and concluded

01:32:01.110 --> 01:32:03.110
not to violate any of the city ordinance.

01:32:03.510 --> 01:32:06.190
We've provided an economic analysis
by an expert as evidence

01:32:06.870 --> 01:32:09.710
that, like businesses located in close
proximity, actually help one another

01:32:10.470 --> 01:32:12.710
and that there is no evidence
that the opposite would be true here.

01:32:13.630 --> 01:32:15.630
So now you have every reason to reverse the Planning

01:32:16.390 --> 01:32:18.550
Commission decision
to serve the best interests of the city, of the shopping center

01:32:20.510 --> 01:32:23.150
and all the small businesses therein
to validate

01:32:23.150 --> 01:32:25.950
the spirit of fairness and opportunity
underlying this program by voting to approve this project.

01:32:27.750 --> 01:32:29.390
This evening.
And we kindly ask that you vote, please vote to do so.

01:32:31.711 --> 01:32:33.711
Thank you. And I'm happy to answ

01:32:36.711 --> 01:32:38.711
Thank you.

01:32:39.111 --> 01:32:41.111
Councilmember Wamsley,

01:32:41.751 --> 01:32:43.751
you have questions for this at this portion?

01:32:44.671 --> 01:32:46.271
No, sir.
That was for the staff, but I'll come back to that.

01:32:47.591 --> 01:32:49.591
OK, thank you.

01:32:49.831 --> 01:32:51.831
Councilmember, um, Cannava, did you have questions now

01:32:53.151 --> 01:32:55.151
or just for the staff statement? And.

01:32:56.231 --> 01:32:58.231
Okay,

01:32:59.551 --> 01:33:02.151
Catherine Regio BRAC, do you have a question?
Yes, thank you.

01:33:02.151 --> 01:33:04.151
Mr. Ryan, you mentioned concessions.

01:33:05.710 --> 01:33:07.710
Nothing specifically to the existing business.

01:33:07.471 --> 01:33:09.471
What were those concessions that you.

01:33:09.631 --> 01:33:11.631
We've offered to pay for their common area management fees.

01:33:12.751 --> 01:33:14.751
We've offered to pay for their 24 hour security structure.

01:33:16.111 --> 01:33:18.111
We've offered to make upgrades to the shopping center that will

01:33:20.272 --> 01:33:22.872
benefit all the tenants.
We've offered community benefits

01:33:24.872 --> 01:33:26.872
mutually on behalf of both businesses moving forward.

01:33:28.472 --> 01:33:30.472
And we've also offered to diversify our product lines

01:33:31.320 --> 01:33:33.320
by carrying only in-house brands.

01:33:33.632 --> 01:33:35.632
Those offers were made directly to one of the owners,

01:33:36.432 --> 01:33:38.512
Corey Travis.
Those offers stand today.

01:33:38.832 --> 01:33:40.712
And again,
if those would be entertained by council

01:33:41.752 --> 01:33:43.752
as conditions of approval, we'd be happy to accept that.

01:33:44.792 --> 01:33:46.792
Thank you.

01:33:48.592 --> 01:33:50.152
Thank you.
Are there any further questions of the applicant

01:33:53.672 --> 01:33:55.872
Thank you for your time.
Thank you, Mary Lincoln.

01:33:55.952 --> 01:33:57.952
Thank you.

01:34:00.512 --> 01:34:01.912
Mayor.
We also have David Letterman here,

01:34:03.992 --> 01:34:05.992
who is, I believe, a co applicant

01:34:07.992 --> 01:34:10.712
speaking on behalf of the applicant,
if you would like for us to call him up as well. Yes.

01:34:12.113 --> 01:34:14.793
Thank you. David Letterman.
If you can, please come to the mike

01:34:19.730 --> 01:34:20.833
Good evening.
Honorable mayor, members of the city council.

01:34:21.633 --> 01:34:23.993
My name's Dave Land Ferman.
I'm a land use attorney with the firm of Rutan and Tucker.

01:34:25.953 --> 01:34:27.913
I'm here to present
on behalf of the applicant and the appellant.

01:34:30.393 --> 01:34:32.393
I was able to submit two letters prior to the hearing tonight.

01:34:34.730 --> 01:34:36.730
I hope the council's had an opportunity to review those.

01:34:36.553 --> 01:34:38.553
The first one was sent a little over two weeks ago,

01:34:40.393 --> 01:34:42.393
September 13th, providing an analysis of the legal

01:34:43.593 --> 01:34:45.593
and factual issues that strongly.

01:34:45.633 --> 01:34:47.593
Support this.
Application and support the city

01:34:48.793 --> 01:34:50.793
staff's repeated recommendations for approval of these permits.

01:34:52.713 --> 01:34:54.713
Basically, as the council I'm sorry, as the.

01:34:55.833 --> 01:34:57.873
City staff
and as the count as the Planning Commission Chairperson.

01:35:01.114 --> 01:35:04.114
Commented in July.
This application checks all the boxes, doesn't need

01:35:05.794 --> 01:35:07.794
a variance and meets all of the city's existing requirements

01:35:09.274 --> 01:35:11.274
for consideration and approval of a permit

01:35:11.674 --> 01:35:13.674
at this at this location.

01:35:13.874 --> 01:35:15.874
The letter of September 13th also pointed out

01:35:18.874 --> 01:35:20.874
the several respects with which the Planning

01:35:22.314 --> 01:35:24.314
Commission majority went astray and denying or making

01:35:25.354 --> 01:35:27.354
findings for denial of the permit.

01:35:28.474 --> 01:35:31.274
Those findings are
legally flawed and without support in the record.

01:35:34.194 --> 01:35:36.594
Primarily
the Planning Commission majority seemed concerned about.

01:35:39.314 --> 01:35:41.314
The fear of business competition.

01:35:42.340 --> 01:35:44.340
For one nearby business

01:35:45.834 --> 01:35:47.834
that is not a relevant criteria under the rules

01:35:48.554 --> 01:35:50.554
adopted by this City Council and written in the city's code.

01:35:52.595 --> 01:35:54.595
The city has distance requirements

01:35:55.355 --> 01:35:57.995
as the staff has confirmed,
this application meets

01:35:58.315 --> 01:36:00.315
all of the applicable distance requirements.

01:36:00.875 --> 01:36:02.875
It would require a change of the rules

01:36:03.355 --> 01:36:05.355
to use that as a reason for denial of this application.

01:36:09.275 --> 01:36:11.635
Currently, there's no minimum.
Distance requirement between similar businesses.

01:36:14.635 --> 01:36:17.235
In the code.
At least not at the time when the application was submitted.

01:36:19.835 --> 01:36:21.835
Not only senses of fair play and equity

01:36:22.675 --> 01:36:24.675
preclude changing the rules once the application has

01:36:26.315 --> 01:36:28.395
been submitted,
but the courts in California have also forbidden cities

01:36:30.915 --> 01:36:32.915
to change the rules while an application is pending.

01:36:34.835 --> 01:36:37.555
Essentially, the project opponents appear
to want the council to rewrite the existing code

01:36:39.995 --> 01:36:42.236
to write in a provision
that would give them an effective monopoly over a.

01:36:43.956 --> 01:36:45.956
Substantial part of the city of Stockton.

01:36:46.396 --> 01:36:48.396
Where dispensaries can be permitted under

01:36:49.116 --> 01:36:51.636
the existing rules.
Again, changing the rules once the once the application

01:36:54.116 --> 01:36:56.116
has been submitted is not permitted

01:37:01.476 --> 01:37:03.476
My second letter was submitted on Friday, the 24th.

01:37:04.756 --> 01:37:06.756
We transmitted detailed economic analysis

01:37:08.276 --> 01:37:10.276
from urban and regional economics,

01:37:11.916 --> 01:37:13.916
responding to the concerns whether or not locating

01:37:15.876 --> 01:37:17.876
another dispensary at this spot might

01:37:18.956 --> 01:37:20.956
be harmful to the neighborhood,

01:37:21.316 --> 01:37:23.316
which is the only possible criteria.

01:37:24.360 --> 01:37:26.360
Harm to an one single business is not the criteria Hurt.

01:37:28.356 --> 01:37:30.356
That report demonstrates that those concerns are misplaced.

01:37:33.597 --> 01:37:35.597
One last point I noticed yesterday

01:37:36.117 --> 01:37:38.117
there was a letter from the opposing side

01:37:39.370 --> 01:37:41.370
pointing out concerns about whether or not the project

01:37:42.277 --> 01:37:44.637
can be approved.
Under one of. The Sequoia exemptions.

01:37:45.877 --> 01:37:48.437
There's a categorical exemption,
which staff has properly called.

01:37:49.370 --> 01:37:51.370
Out that applies to projects that are involving the operation

01:37:52.837 --> 01:37:54.837
licensing or leasing of existing structures or facilities.

01:37:56.797 --> 01:37:58.797
That exemption fits this project to a tee.

01:37:59.917 --> 01:38:01.917
In fact, the opponents don't claim that it doesn't fit.

01:38:02.637 --> 01:38:05.157
They claim that there's an exception
because there are some. Unusual circumstances.

01:38:06.837 --> 01:38:09.437
About this project.
Simply locating a second business in the same

01:38:10.997 --> 01:38:12.997
commercial zone is not an unusual circumstance.

01:38:14.437 --> 01:38:16.437
The courts have held that that circumstance,

01:38:16.957 --> 01:38:18.957
unusual circumstances, requires the party

01:38:20.638 --> 01:38:23.518
invoking the exception.
They have the burden of producing evidence

01:38:24.678 --> 01:38:26.278
that there is.
Something that's an unusual circumstance

01:38:27.118 --> 01:38:29.118
and that that that unusual circumstance

01:38:29.718 --> 01:38:31.718
causes a significant effect on the environment.

01:38:33.478 --> 01:38:35.598
And impact.
Even if it were true, an impact on the neighboring

01:38:36.878 --> 01:38:38.878
business is not an impact on the on the environment.

01:38:39.838 --> 01:38:41.838
So there is nothing amiss with the staff's recommendation

01:38:43.438 --> 01:38:45.438
that this be approved as categorically exempt under CPA.

01:38:46.838 --> 01:38:48.838
And I'm happy to answer. Any questions that there might be.

01:38:51.678 --> 01:38:54.638
Currently, there aren't any questions.
Thank you for your time.

01:38:54.718 --> 01:38:56.718
Thank you.

01:39:01.798 --> 01:39:03.118
Thank you.
At this time, we will take the public comments.

01:39:05.598 --> 01:39:07.780
Thank you, Mayor.
We have some written comment

01:39:07.998 --> 01:39:09.638
to read
and then we will call

01:39:10.780 --> 01:39:12.780
the members of the public that we have in person.

01:39:13.199 --> 01:39:15.199
So guest user rights, DNA, cannabis retail delivery

01:39:17.359 --> 01:39:20.390
application for violating the city
zoning code, sequel, land use planning laws and principles

01:39:23.390 --> 01:39:24.719
of orderly
and informed city development that protects the public,

01:39:26.839 --> 01:39:29.679
the public's interest and our community.
Local voters, local businesses

01:39:30.719 --> 01:39:32.719
and other commenters all oppose this project.

01:39:33.959 --> 01:39:35.959
This comment incorporates by reference the council letter

01:39:36.839 --> 01:39:38.839
submitted by Blair will dated September 27th 2021,

01:39:41.399 --> 01:39:43.399
uphold the Planning Commission decision to deny

01:39:45.879 --> 01:39:47.879
Harlan Weston Burg writes I strongly support the approval

01:39:49.519 --> 01:39:51.519
of a permit to the establish to establish a cannabis business

01:39:53.479 --> 01:39:56.319
in the hammer and shopping center
that would deliver products to their customers.

01:39:57.879 --> 01:40:00.879
It would have minimal impact on traffic
and would provide valuable service

01:40:01.440 --> 01:40:04.400
to many Stockton residents.
It would generate new tax

01:40:04.560 --> 01:40:06.560
revenues, employment opportunities, and provide

01:40:06.720 --> 01:40:08.720
an option for people in need of cannabis products.

01:40:11.160 --> 01:40:13.600
Guest user rates.
The tenant will enhance the center

01:40:17.160 --> 01:40:19.160
Krista Carlisle writes.

01:40:19.440 --> 01:40:22.360
Good evening, mayor and council members.
Cannabis is a specially regulated use

01:40:24.000 --> 01:40:26.000
and as such should be treated as an approved

01:40:27.840 --> 01:40:29.840
should be treated and approved with caution.

01:40:30.120 --> 01:40:32.120
While much of the discussion has been focused on land use

01:40:32.600 --> 01:40:35.560
surrounding the property, I think the attention
should also be given to the folks involved.

01:40:36.720 --> 01:40:38.880
Contracts, conditions
and concessions are only as good as a person giving them.

01:40:41.200 --> 01:40:43.200
While the applicant Rush POTA Bath Knee is clearly well versed

01:40:45.440 --> 01:40:47.440
in presenting these projects to council, the real

01:40:47.840 --> 01:40:49.840
the reality behind his promise is not so clear.

01:40:50.641 --> 01:40:53.481
Rush has left a wake of destruction
in the zeal to expand his cookie's empire.

01:40:55.561 --> 01:40:57.561
In July 2020, Raj was sued for a six figure

01:40:59.161 --> 01:41:01.161
breaches of contract for failing to abide by the terms

01:41:01.681 --> 01:41:03.681
of the lease agreement for a new cannabis store.

01:41:04.201 --> 01:41:06.201
He did not open the store and left the landlord

01:41:06.241 --> 01:41:08.921
holding the bag despite the lease
and promises to the contrary.

01:41:10.810 --> 01:41:12.810
Later in November of 2020 documents

01:41:12.481 --> 01:41:14.481
filed by the Washington State Liquor

01:41:14.801 --> 01:41:16.841
and Cannabis Board
affirmed the denial of the Recreational License

01:41:18.241 --> 01:41:20.241
to Greenhouse Group, LLC, in part

01:41:20.641 --> 01:41:22.641
because the board felt Raj's financial disclosures

01:41:23.721 --> 01:41:25.721
were unusual and generated red flags.

01:41:27.410 --> 01:41:29.410
Primarily was the board's concern

01:41:29.481 --> 01:41:31.481
that Rush's frequent need to consult with others

01:41:32.410 --> 01:41:34.361
before making a decision
raised concerns that he was not the only party and interest.

01:41:37.810 --> 01:41:39.810
Here in Stockton, Raj claims to represent a number

01:41:39.601 --> 01:41:41.601
of changing interests, from Java to cookies to the applicant.

01:41:45.242 --> 01:41:47.242
It's not really clear what may or may not have happened.

01:41:47.882 --> 01:41:49.882
If he is if he is approved,

01:41:50.420 --> 01:41:52.722
the fact that he falsely promoted
this social equity application

01:41:53.242 --> 01:41:55.242
raises additional concerns regarding his authenticity.

01:41:56.722 --> 01:41:58.722
While the operators permit application may address

01:41:59.200 --> 01:42:00.922
some of these issues,
I recommend that the city proceed

01:42:01.322 --> 01:42:03.322
with caution on what is already a controversial application

01:42:05.602 --> 01:42:07.602
Thank you.

01:42:08.282 --> 01:42:10.282
Jorge Chen writes

01:42:10.642 --> 01:42:12.642
Jorge Chen here writing this letter to express my opposition

01:42:13.402 --> 01:42:16.200
for the proposed additional cannabis
dispensary and delivery service located at 7016 Pacific Avenue,

01:42:19.442 --> 01:42:21.442
currently a resident at Palm Apartments.

01:42:22.420 --> 01:42:24.402
I'm quite fond of my ability
to visit Hammar Ranch just by walking the ease

01:42:26.282 --> 01:42:28.282
of picking up last minute items that saved my late night.

01:42:29.200 --> 01:42:31.200
Carlos Junior runs and daily visits to my family's

01:42:31.763 --> 01:42:33.763
all time favorite restaurant, Shogun Japanese restaurant.

01:42:34.923 --> 01:42:36.923
This is this has been a daily routine of mine for years.

01:42:37.803 --> 01:42:40.203
I'm confident that the applicant's
proposal is an unnecessary component

01:42:41.123 --> 01:42:43.123
of hemorrhages, continued success, an increase in numbers

01:42:45.363 --> 01:42:47.363
in the number of residents walking near a main street.

01:42:48.483 --> 01:42:50.483
Businesses and bank means red flags for safety.

01:42:51.723 --> 01:42:54.430
I foresee trouble getting in
and out of the shopping center with the proposed

01:42:55.300 --> 01:42:57.300
second large dispensary site an already compact. Lot.

01:42:59.283 --> 01:43:01.483
Based on the quality of
the dispensary on 3706 East Hamelin

01:43:04.403 --> 01:43:06.403
packs, coupled with its need for a much larger

01:43:07.483 --> 01:43:09.483
shopping center than Hammar Ranch,

01:43:09.563 --> 01:43:11.563
these customers will likely cause havoc in a small sized

01:43:12.323 --> 01:43:14.483
shopping center.
In conclusion, I urge you to deny this project

01:43:16.430 --> 01:43:18.430
save Hammar Ranch Center from failing.

01:43:18.243 --> 01:43:20.243
Sincerely, George Chen and

01:43:21.524 --> 01:43:23.524
Kristen Norm writes I'm writing you to express my concern

01:43:24.964 --> 01:43:26.964
about multiple dispensaries at the Hamrin Shopping Center.

01:43:28.244 --> 01:43:30.244
I'm writing to share with you that I only go to Zen Wellness

01:43:32.364 --> 01:43:34.364
Garden and have been doing so since they opened.

01:43:34.964 --> 01:43:36.964
I do not believe that it is wise for the community to allow

01:43:38.124 --> 01:43:40.124
another dispensary to open next to an existing one.

01:43:41.244 --> 01:43:43.244
I appreciate what they do for me every time I go there.

01:43:44.484 --> 01:43:46.484
I am disabled and traveled throughout the city.

01:43:46.884 --> 01:43:48.884
Running my errands in an electric scooter.

01:43:49.840 --> 01:43:51.840
I choose the dispensary because of the healthy foot

01:43:51.444 --> 01:43:53.444
traffic and I'm scared of getting robbed

01:43:53.684 --> 01:43:55.324
or followed
as I have my personal items with me on the side of my chair.

01:43:58.444 --> 01:44:00.404
The nice area.
Fellow customers at Insensibility

01:44:02.440 --> 01:44:04.404
to make me feel healthy again.
I avoid crowds in unsafe areas

01:44:05.564 --> 01:44:07.564
and Zen is not one of these places,

01:44:07.924 --> 01:44:10.404
although they do get really busy.
The parking lot is just is just right

01:44:12.500 --> 01:44:14.500
for this one dispensary and surrounding areas.

01:44:15.450 --> 01:44:17.450
If you allow another dispensary

01:44:17.285 --> 01:44:19.885
with their delivery service to operate
within feet of each other, I will have to stop coming

01:44:21.485 --> 01:44:24.205
to the shopping center altogether.
There will be too many cars, too many people, and longer lines.

01:44:26.685 --> 01:44:28.685
I avoid packs on East Hamelin for those same reasons.

01:44:32.285 --> 01:44:34.285
The other two dispensaries are too far for me.

01:44:34.645 --> 01:44:37.165
This place is just right.
Why ruin this business and the healthy relationship

01:44:39.165 --> 01:44:41.845
we have with them?
I'm happy
we're getting another dispensary,

01:44:42.245 --> 01:44:44.245
but maybe in a different part of Stockton or a few miles up.

01:44:45.245 --> 01:44:47.500
I'd love to visit
the potential new spot, just not right next door

01:44:48.285 --> 01:44:50.285
and definitely not to shut them down.

01:44:51.365 --> 01:44:53.365
Please deny this. It's not good for anyone.

01:44:53.525 --> 01:44:55.525
Why do it? Shouldn't fix what's not broken.

01:44:56.850 --> 01:44:57.565
Cheers.
Christina Norman.

01:45:00.166 --> 01:45:02.206
On WebEx,
I believe we have Miss Amy Herman.

01:45:10.766 --> 01:45:12.886
Good evening, honorable.
Mayor and council members.

01:45:13.846 --> 01:45:16.246
My name is amy herman.
And I am the principal of Ala Urban and Regional Economics,

01:45:18.926 --> 01:45:20.926
a real estate and urban economics consulting firm.

01:45:22.326 --> 01:45:24.326
I have worked as an economic consultant for over 30 years

01:45:25.926 --> 01:45:27.926
I was asked to prepare an objective study

01:45:28.860 --> 01:45:30.366
addressing some concerns.
About the proposed new cannabis retail storefront

01:45:32.366 --> 01:45:34.366
expressed at the July Planning Commission hearing.

01:45:35.486 --> 01:45:37.486
These concerns included possible competition

01:45:37.886 --> 01:45:39.886
and economic impacts on the existing Zen.

01:45:40.126 --> 01:45:42.126
Garden Wellness Retail Store.

01:45:42.246 --> 01:45:44.366
And speculation about.
Impacts on crime The study was.

01:45:45.846 --> 01:45:47.846
Submitted last week to staff for distribution to. You.

01:45:50.860 --> 01:45:52.727
The research I conducted included
the examination of Scotland scholarly journals

01:45:54.727 --> 01:45:57.407
articles and papers
written by esteemed academics and other experts on key topics

01:46:00.367 --> 01:46:02.367
related to cannabis and retail clustering.

01:46:03.407 --> 01:46:05.407
I also conducted some firsthand research.

01:46:06.287 --> 01:46:08.287
I want to touch on four major topics I explored.

01:46:09.127 --> 01:46:11.807
And my findings.
First comparison of cannabis store

01:46:13.287 --> 01:46:15.287
density in Stockton indicates the city is greatly under.

01:46:16.687 --> 01:46:18.687
Retailed with cannabis storefronts.

01:46:19.207 --> 01:46:21.207
This is in comparison to many California cities.

01:46:21.847 --> 01:46:23.847
And others throughout the US.

01:46:23.967 --> 01:46:25.967
Even with the addition of the proposed cookie store

01:46:26.407 --> 01:46:29.207
and others already approved.
Stockton will continue to be under retail.

01:46:31.967 --> 01:46:33.967
Second, the clustering of like retail stores

01:46:34.567 --> 01:46:36.567
is often beneficial to individual stores

01:46:37.287 --> 01:46:39.287
as well as the shopping
districts where they are located.

01:46:40.408 --> 01:46:42.408
While most scholarly studies analyzing, analyzing

01:46:43.168 --> 01:46:45.168
the benefits of clustering do not explicitly explore cannabis,

01:46:47.248 --> 01:46:49.248
there are numerous instances where cannabis dispensaries

01:46:50.480 --> 01:46:52.688
and stores are clustered,
even with some located almost next door to each other.

01:46:54.288 --> 01:46:56.288
Or five to six blocks away.

01:46:56.528 --> 01:46:58.928
In the salient example,
two stores

01:46:58.928 --> 01:47:00.928
operating almost directly across from each other

01:47:01.248 --> 01:47:02.848
elsewhere in the.
Central Valley are choosing to repeat that locational proximity

01:47:05.888 --> 01:47:07.888
in a nearby town.

01:47:08.808 --> 01:47:10.768
Third,
detailed analysis of the products, brands and pricing

01:47:12.768 --> 01:47:14.768
strategies at Zen Garden Wellness and Cookies suggests

01:47:16.208 --> 01:47:18.928
there will be product differentiation.
Between the two stores

01:47:19.528 --> 01:47:22.368
with little overall variance and average.
Pricing.

01:47:22.368 --> 01:47:24.368
Even absent cookies, offer to.

01:47:24.488 --> 01:47:26.488
Carry only its own store brand.

01:47:26.968 --> 01:47:28.968
This suggests the stores can be complementary to each other,

01:47:30.800 --> 01:47:32.449
with both serving to address
Stockton's undersupply of cannabis stores.

01:47:35.329 --> 01:47:37.329
Finally, the vast majority of scholarly studies

01:47:37.969 --> 01:47:39.969
on the impacts of marijuana dispensaries and retail stores

01:47:41.529 --> 01:47:43.529
find there is no correlation between their presence

01:47:44.329 --> 01:47:46.329
and increased violence, violent or property crime.

01:47:47.849 --> 01:47:49.849
This includes research conducted in some California cities

01:47:51.169 --> 01:47:53.169
and studies published in seminal economic journals.

01:47:54.569 --> 01:47:57.289
These papers, as well as statements
from your own police department,

01:47:58.129 --> 01:48:00.129
suggest that the addition of the proposed cookie store

01:48:00.969 --> 01:48:02.569
to the Hammer
Ranch Shopping Center will not result in increased crime.

01:48:05.489 --> 01:48:08.890
Based on these findings,
my report concludes that the proposed cookies store

01:48:09.769 --> 01:48:11.769
is not likely to result in negative impacts

01:48:12.900 --> 01:48:14.900
at Stockton, including on the long term

01:48:14.329 --> 01:48:17.169
business operations of the nearby.
Zen Garden Wellness.

01:48:17.729 --> 01:48:19.729
Thank you for your time and attention.

01:48:20.730 --> 01:48:22.570
Thank you.
And our next speaker, Malcolm Raj.

01:48:30.930 --> 01:48:33.250
Mayor and City Council.
My name is Malcolm Joshua Whites.

01:48:34.810 --> 01:48:36.810
I'm born and raised in San Francisco

01:48:36.930 --> 01:48:38.930
and proud of my Filipino and Jewish roots.

01:48:39.330 --> 01:48:42.170
And I'm an active advocate for social equity
reform, justice and inclusion, primarily

01:48:43.370 --> 01:48:46.330
in the commercial cannabis industry
where I've been a participant for over a decade

01:48:48.450 --> 01:48:50.450
in the what they call the traditional black market.

01:48:51.210 --> 01:48:53.210
I I'm the founder of Marriage Medicinal in San Francisco

01:48:53.450 --> 01:48:55.450
and an approved owner as a verified social equity

01:48:55.770 --> 01:48:58.290
captain of the San Francisco
through the San Francisco Office of Cannabis Equity Program.

01:49:00.490 --> 01:49:02.490
And I'm establishing a retail commercial cannabis

01:49:03.690 --> 01:49:05.690
storefront with delivery services

01:49:06.170 --> 01:49:08.170
I met Raj back in 2017 and his company,

01:49:09.410 --> 01:49:11.410
Jeeva is my partner in our cannabis retail store in S.F.

01:49:13.451 --> 01:49:15.371
I commend the city
of Stockton for establishing an equity program,

01:49:16.731 --> 01:49:18.731
and I'm happy that Raj is actively participating

01:49:19.251 --> 01:49:21.851
to set up this project in Stockton
with an equity applicant.

01:49:22.171 --> 01:49:24.411
Like, Hey,
something I want to point out

01:49:24.931 --> 01:49:26.931
is that cannabis is here to stay,

01:49:27.371 --> 01:49:30.291
and at some point when it's federally legalized,
cannabis will be accessible

01:49:30.291 --> 01:49:32.771
to those 21 and over various
retail outlets, not just cannabis dispensaries,

01:49:34.131 --> 01:49:36.131
they can serve overconcentration in Stockton as unfounded.

01:49:37.251 --> 01:49:39.251
The population is 310,000.

01:49:40.171 --> 01:49:42.171
And you know, the state recommends that

01:49:44.171 --> 01:49:46.171
there should be one store of every 10,000 people.

01:49:46.771 --> 01:49:49.691
That sounds like
there's currently with the three other projects

01:49:51.651 --> 01:49:53.611
that are approved at this.
You know you would be well underneath that

01:49:54.851 --> 01:49:56.851
and San Francisco you know with its

01:49:58.651 --> 01:50:00.651
population will be about one every 10,000 people.

01:50:02.692 --> 01:50:04.692
Many cities have cannabis retailers in close proximity.

01:50:05.172 --> 01:50:07.332
This is nothing new.
Let the market play itself out and if anything

01:50:08.412 --> 01:50:10.932
then we'll see an uptick in sales
as cookies will draw people to the Hamara Hemorrhage Center.

01:50:12.972 --> 01:50:15.492
The project meets the code requirements
established by the city and please uphold that

01:50:16.932 --> 01:50:19.892
and set the precedent that Stockton supports
equity projects, especially those

01:50:20.412 --> 01:50:22.412
that conform 100% to city requirements.

01:50:22.852 --> 01:50:25.572
I support Raj and hang
as they will strive to maintain a harmonious relationship

01:50:27.332 --> 01:50:29.332
with their neighbors
and the city and shall support local non-profits, community

01:50:31.292 --> 01:50:33.292
based organizations, civic organizations

01:50:33.932 --> 01:50:36.492
and social service organizations.
Raj is an upstanding citizen.

01:50:37.172 --> 01:50:39.172
He's been a great partner to me and cannabis business owner,

01:50:40.452 --> 01:50:42.452
and I support his endeavor in Stockton.

01:50:42.772 --> 01:50:44.772
I ask the City Council to let the startup community

01:50:44.892 --> 01:50:46.892
know that if you're a minority, a social equity applicant,

01:50:47.852 --> 01:50:49.852
and from a disadvantaged area, you can get involved

01:50:49.892 --> 01:50:51.892
in this industry, especially if you present

01:50:52.293 --> 01:50:54.293
a project that meets all the city's requirements.

01:50:56.130 --> 01:50:58.130
I'd also like to

01:50:58.173 --> 01:51:00.173
ask that the city council, you know,

01:51:00.333 --> 01:51:02.333
ignore some of the fear, uncertainty and doubt

01:51:03.530 --> 01:51:05.530
about this project as they or FUD, as they say

01:51:07.853 --> 01:51:10.173
because, you know,
this project represents a huge opportunity for him.

01:51:12.573 --> 01:51:14.573
His partner is going to be Raj along with cookies.

01:51:15.253 --> 01:51:17.253
And personally I say that you know, we would want

01:51:18.733 --> 01:51:20.733
an equity applicant to have a robust partner

01:51:22.813 --> 01:51:24.813
and that is wraps up my time.

01:51:24.853 --> 01:51:26.893
Please support this project.
Thank you.

01:51:28.773 --> 01:51:30.813
Thank you,
Deborah.

01:51:30.813 --> 01:51:32.813
Of all of us who

01:51:33.493 --> 01:51:35.493
after Deborah, Mr.

01:51:36.333 --> 01:51:38.333
Hang Hung and then Nikki

01:51:41.454 --> 01:51:43.454
but Deborah.

01:51:43.894 --> 01:51:46.294
General.
Deborah.

01:51:46.294 --> 01:51:48.294
Deborah,

01:52:07.534 --> 01:52:09.534
Constance.

01:52:31.615 --> 01:52:33.615
Constance Carter.

01:52:39.695 --> 01:52:42.375
Hello.
Good evening, Mayor and council members.

01:52:43.415 --> 01:52:45.335
My name is Constance.
Carter, and I live in North Stockton.

01:52:47.895 --> 01:52:49.895
Councilman Joe Brock is my council member,

01:52:50.950 --> 01:52:52.950
I believe, and I've been an owner of Zen

01:52:52.175 --> 01:52:54.175
Garden Wilders for nearly three years now.

01:52:55.295 --> 01:52:57.295
I've lived in Stockton for the last 22 years.

01:52:57.695 --> 01:53:00.695
I'm a single mother
raising my four children
and I operate my other businesses

01:53:00.935 --> 01:53:03.135
here in the community,
one which was on the Miracle Mile

01:53:03.615 --> 01:53:05.615
that was part of the nine businesses that was displace

01:53:06.535 --> 01:53:08.550
my business.
We were homeless for six months

01:53:08.935 --> 01:53:10.935
and as a result I lost hundreds of thousands of dollars.

01:53:12.455 --> 01:53:14.455
I'm deathly afraid that the same thing will happen here.

01:53:16.335 --> 01:53:18.215
It has not
been the
easiest thing to run a successful business in Stockton,

01:53:19.335 --> 01:53:21.335
but we remain confident and hopeful

01:53:21.336 --> 01:53:23.336
and we really believe in the growth of the city.

01:53:24.216 --> 01:53:26.216
So in 2017 out of the original ordinance,

01:53:26.376 --> 01:53:28.376
when Stockton began accepting applications for the prospect

01:53:28.896 --> 01:53:30.896
of qualified candidates, we were so excited, my family

01:53:32.160 --> 01:53:34.160
and I, that we had the opportunity to compete

01:53:35.256 --> 01:53:37.256
for a use permit, to operate a store of our own,

01:53:38.136 --> 01:53:40.136
one that could truly be home grown, Stockton grown,

01:53:42.960 --> 01:53:44.960
a shop where the ownership of the management

01:53:44.896 --> 01:53:46.896
and the staff were local.

01:53:47.816 --> 01:53:49.816
My family and I, we knew that this was a tall task

01:53:50.496 --> 01:53:52.496
and to order in order to that, it wasn't going to be easy

01:53:53.736 --> 01:53:55.736
we began to go to our close friends and family

01:53:55.896 --> 01:53:57.896
and we raise funds to do this project, which was a growth

01:53:59.376 --> 01:54:01.656
grassroots effort,
and we were able to raise nearly two and a half million dollars

01:54:03.336 --> 01:54:05.336
to purchase the old huge restaurant.

01:54:05.816 --> 01:54:08.560
We knew that the value that the
Blue Jays brought, and so we kept them on for two years

01:54:10.457 --> 01:54:12.457
in the community and we were able to open

01:54:13.570 --> 01:54:15.217
for an additional two years.
And then we changed the name

01:54:15.937 --> 01:54:17.937
to Pop's Breakfast House and now the Clucking Rooster,

01:54:19.570 --> 01:54:21.570
which is now a big, big hit for our community.

01:54:21.977 --> 01:54:23.977
Then of course, as you're aware, the pandemic has closed down.

01:54:26.217 --> 01:54:28.570
And so today
we have this proposed project that's like David versus Goliath

01:54:30.897 --> 01:54:32.897
that will ensure our demise if it's approved.

01:54:34.137 --> 01:54:36.137
Please do not let them convince you that this move

01:54:37.617 --> 01:54:39.617
is going to help our business, because it won't.

01:54:40.337 --> 01:54:42.337
We, as in Garten, were not a big corporate entity.

01:54:43.570 --> 01:54:45.737
We're not a big corporate cannabis shop
whose sole interest is just to sell weed and turn a profit.

01:54:47.137 --> 01:54:49.577
It's not
this is truly our life.

01:54:50.497 --> 01:54:52.777
And now to think that it could be
shuttered by a corporate monster

01:54:53.337 --> 01:54:55.337
that's presenting itself as an equity based company

01:54:56.617 --> 01:54:58.617
with community ties is unconscionable.

01:55:00.658 --> 01:55:02.538
And it's offensive
to those who actually do represent the epitome of equity.

01:55:04.698 --> 01:55:07.178
I want to remind you that there weren't
any equity opportunities when we applied

01:55:09.378 --> 01:55:11.378
for this loan or applied for this.

01:55:12.658 --> 01:55:14.618
When we applied
excuse me, we truly did this on our own,

01:55:15.980 --> 01:55:17.338
and it will be a shame
if this application was approved

01:55:17.738 --> 01:55:19.738
just 20 feet from our business.

01:55:20.178 --> 01:55:22.178
Thank you.

01:55:22.978 --> 01:55:24.818
Thank you.
Call napkins

01:55:33.818 --> 01:55:35.818
how Blaire will

01:55:56.579 --> 01:55:58.819
hi. Good evening.
Good evening, council members.

01:55:58.859 --> 01:56:01.139
My name is Blair, Will.
I'm an attorney representing Zane Garden Wellness

01:56:03.979 --> 01:56:05.979
I wanted to just start by making a few comments

01:56:06.419 --> 01:56:09.339
regarding the process.
Can you hear me OK?
It's a little bit low here.

01:56:10.190 --> 01:56:12.190
OK, so the issuance of the CFP and the administrative

01:56:13.619 --> 01:56:15.619
use permit is a discretionary

01:56:17.859 --> 01:56:20.179
action, right?
Council. Thank you. Thank you so much.

01:56:21.939 --> 01:56:23.939
So I just wanted to remind you of that you don't have to take

01:56:24.659 --> 01:56:26.659
the action that's been requested by the applicant here.

01:56:27.539 --> 01:56:29.539
And in fact, as you know, the Planning Commission

01:56:30.619 --> 01:56:32.619
decided to deny the issuance of those two permits.

01:56:34.139 --> 01:56:36.139
Obviously, we think that was the correct decision.

01:56:39.419 --> 01:56:41.419
Under the code, you are required to make seven findings.

01:56:42.140 --> 01:56:44.620
The Planning Commission determined that
those findings couldn't be made.

01:56:45.420 --> 01:56:47.660
We think that's correct.
I want to address just one basis

01:56:48.780 --> 01:56:50.900
on which the finding can't be made,
and that is the distance from a sensitive use.

01:56:54.180 --> 01:56:56.180
You heard earlier tonight that staff said that

01:56:57.180 --> 01:56:59.180
the Valley Silver Living Center, which is

01:57:00.900 --> 01:57:03.180
apparently it's undisputed that it's
within 600 feet of this location,

01:57:04.500 --> 01:57:06.500
and staff recognized that, but they said it's not a problem

01:57:07.740 --> 01:57:09.740
because it's not a drug rehabilitation center.

01:57:10.780 --> 01:57:12.780
And they referenced the definition

01:57:14.100 --> 01:57:16.100
in the city code.

01:57:16.260 --> 01:57:18.660
But the definition the city code
says that

01:57:19.140 --> 01:57:21.140
these are establishments that provide assistance, counseling

01:57:21.940 --> 01:57:23.940
or medical treatment to people dependent upon alcohol or drugs.

01:57:26.260 --> 01:57:28.260
And so we think under that definition, actually,

01:57:28.620 --> 01:57:30.620
it does qualify as a

01:57:31.701 --> 01:57:33.701
as a sensitive use under the code.

01:57:34.210 --> 01:57:36.210
And because the

01:57:36.541 --> 01:57:39.381
the location that's being sought
here is within 600 feet of that,

01:57:40.101 --> 01:57:42.701
that would be a finding that you can't make.
And in fact, that would be in violation

01:57:42.981 --> 01:57:44.981
of the zoning code to make that finding

01:57:47.381 --> 01:57:49.901
overconcentration is an issue.
This is the fifth dispensary on Hamelin, as you know.

01:57:51.181 --> 01:57:53.181
It's right next door to the same garden wellness center.

01:57:54.541 --> 01:57:56.541
If you approve these permits.

01:57:56.821 --> 01:57:58.821
30% of the city's capacity for retail dispensary

01:58:01.181 --> 01:58:03.181
space will be within this one shopping center.

01:58:06.181 --> 01:58:08.181
We don't think that Hamelin was designated

01:58:08.221 --> 01:58:11.610
as a cannabis district, and that seems to be
what would be happening if this were to take place.

01:58:12.901 --> 01:58:14.901
Earlier, one of the counsel for the applicant said that

01:58:17.941 --> 01:58:19.941
you couldn't change the zoning code

01:58:20.782 --> 01:58:23.582
while his application was pending.
That's not correct.

01:58:23.582 --> 01:58:25.342
As a matter of law,
as you all know, you're going through a process

01:58:26.302 --> 01:58:29.302
to modify your cannabis ordinance.
And staff in that proceeding is recommending a thousand

01:58:31.982 --> 01:58:33.982
feet of separation between cannabis users.

01:58:34.462 --> 01:58:36.462
So that's probably going to happen very soon,

01:58:37.262 --> 01:58:39.262
maybe as soon as your November 2nd

01:58:40.262 --> 01:58:41.982
meeting.
And under the circumstances, it seems like

01:58:43.462 --> 01:58:45.462
it wouldn't be a good time to approve this project.

01:58:50.102 --> 01:58:53.620
And finally, I'd just like to say some things about finance.
The thing is that some of the general plan

01:58:53.582 --> 01:58:55.582
and there haven't been no traffic studies done,

01:58:55.862 --> 01:58:57.862
there has been no analysis of parking congestion

01:58:58.182 --> 01:59:00.582
and things like that.
Finally, process has now been transparent.

01:59:03.620 --> 01:59:05.982
We have seen no change in the staff report
from the Planning Commission hearing.

01:59:06.222 --> 01:59:08.262
Thank you for thank you for your.
Time of the questions we asked earlier were answered.

01:59:09.262 --> 01:59:11.463
Thank you.
Thank you.

01:59:11.463 --> 01:59:13.463
I believe tell napkins is here now.

01:59:17.103 --> 01:59:19.103
If it's

01:59:30.143 --> 01:59:32.143
good evening council members.

01:59:32.663 --> 01:59:34.783
My name is Kyle muffins.
I lived in Stockton for just under 50 years.

01:59:35.823 --> 01:59:37.823
The only time I wasn't here was when I was in the Navy.

01:59:39.183 --> 01:59:41.103
I've known Mr.
Hong for.

01:59:43.230 --> 01:59:45.630
About 50, a little over 15.
Years.

01:59:45.630 --> 01:59:47.630
I met him early on in the gym and then I'm a bowler

01:59:49.630 --> 01:59:51.630
and one day I was at the bowling alley

01:59:51.183 --> 01:59:53.863
and then I see my dad coaching him up
and I was like, Man, let me go speak to this guy.

01:59:55.623 --> 01:59:58.543
And in a matter of no time, I noticed Mr.
Hong became a real good bowler.

01:59:59.863 --> 02:00:02.264
Probably slightly better than me,
but I don't think so.

02:00:03.344 --> 02:00:05.344
And he was just a hard worker, a very hard worker

02:00:06.144 --> 02:00:08.144
at everything he did at the bowling in the gym.

02:00:09.864 --> 02:00:12.384
I notice how he always looked out
and took care of his family.

02:00:13.240 --> 02:00:15.240
I'll be honest with you, I don't know much about this,

02:00:15.864 --> 02:00:18.824
this business or the dispute.
I'm just here to speak on.

02:00:19.240 --> 02:00:21.584
Behalf of a friend of mine,
an acquaintance of mine, a friend of mine, and just

02:00:22.864 --> 02:00:25.784
talk about his character.
He really takes care of his disabled mommy.

02:00:29.344 --> 02:00:31.104
He works hard.
He's a great example to his to his kids.

02:00:32.984 --> 02:00:35.384
I feel like
if we had more fathers or fathers or people like that,

02:00:38.464 --> 02:00:40.984
I wouldn't be in the business that I'm in.
I work for Department of Corrections for over 25 years.

02:00:43.624 --> 02:00:45.624
And he's just a heck of a guy.

02:00:45.744 --> 02:00:47.744
And when he asked me to come speak on his behalf.

02:00:48.584 --> 02:00:51.305
Even though I didn't know a lot about this
or the city council even though I lived here

02:00:53.305 --> 02:00:56.145
darn near my whole life,
for a guy like that, with that type of work ethic

02:00:57.705 --> 02:00:59.705
and that that dedication to his family, I had to step up

02:01:01.265 --> 02:01:03.265
and just speak on what type of individual he was.

02:01:05.465 --> 02:01:07.465
And that's all I had to say.

02:01:07.745 --> 02:01:10.305
Thank you.
Thank you.

02:01:10.465 --> 02:01:12.465
A good evening, Mayor, Council members.

02:01:36.945 --> 02:01:39.785
Thank you for having me today.
My name is Phil Abbott.

02:01:40.250 --> 02:01:42.250
I'm a staff sergeant with RC Security

02:01:42.660 --> 02:01:44.660
and I'm here today to oppose this dispensary.

02:01:44.746 --> 02:01:46.746
In its current location,

02:01:46.866 --> 02:01:49.426
I propose I provided security
services to 7632 Pacific Avenue for over a year.

02:01:51.706 --> 02:01:53.706
Now I'm aware of the comings and goings of the property

02:01:54.626 --> 02:01:56.626
and I can speak towards the customer,

02:01:56.666 --> 02:01:58.666
the traffic flow as well as the parking situations

02:01:59.986 --> 02:02:01.986
with three businesses in our building alone,

02:02:02.386 --> 02:02:04.386
our parking lot can fill up pretty quickly

02:02:05.346 --> 02:02:07.346
with Cluck and Rooster open on a good day,

02:02:07.466 --> 02:02:09.466
we can fill up two thirds before noon.

02:02:10.260 --> 02:02:12.260
That said,

02:02:12.666 --> 02:02:14.666
our lot can get quite congested, adding

02:02:14.866 --> 02:02:16.866
another high volume business, such as a cannabis megastore

02:02:18.866 --> 02:02:20.866
that also provides a delivery service

02:02:22.260 --> 02:02:24.260
will only serve to congest the parking lot

02:02:24.866 --> 02:02:26.866
further, forcing customers to seek other alternatives, such

02:02:27.626 --> 02:02:29.626
as parking in a C Mart parking lot across and the street

02:02:34.907 --> 02:02:36.907
and as a busy street comes right off of

02:02:40.747 --> 02:02:42.747
busy streets on the side from Hammer Pacific Avenue

02:02:43.627 --> 02:02:45.627
and it cuts through both parking lots.

02:02:45.667 --> 02:02:47.667
It's high traffic with a lot of speeding vehicles.

02:02:48.270 --> 02:02:50.270
So much so the city elected to install speed bumps.

02:02:51.187 --> 02:02:53.187
The speed bumps help to mitigate the speeding some.

02:02:53.467 --> 02:02:55.467
However, there's still no clear path to travel,

02:02:56.227 --> 02:02:58.227
no crosswalk, no pedestrian traffic signals

02:02:58.947 --> 02:03:01.867
and no clear line of sight, allowing security
to view the customers coming and going to their vehicles.

02:03:05.107 --> 02:03:08.270
We're a cash business, folks.
This is dangerous.

02:03:08.827 --> 02:03:10.467
It's dangerous.
And may create crimes of opportunity

02:03:11.467 --> 02:03:13.467
for businesses that operate on cash only basis.

02:03:15.227 --> 02:03:17.227
Dispensaries create lines.

02:03:17.667 --> 02:03:19.667
You can drive down Hammer
Lane in the morning on your way to work,

02:03:19.907 --> 02:03:21.907
and you could see the line alrea

02:03:24.508 --> 02:03:26.508
you'll see that line
go around the building, down the sidewalk, across a dirt

02:03:28.868 --> 02:03:30.868
field and onto the hammer hammer lane sidewalk.

02:03:32.748 --> 02:03:34.748
What you won't see

02:03:35.748 --> 02:03:38.388
you won't see that line in the parking lot.
You won't see it

02:03:38.388 --> 02:03:41.348
impeding your neighbor's businesses
and you won't see it in the road.

02:03:42.268 --> 02:03:45.148
We have the same issues as in
you could see the lines at the end as well.

02:03:46.188 --> 02:03:48.548
However, that location is fortunate
enough to have a long ramp,

02:03:49.228 --> 02:03:51.228
sidewalk, the loos around the building,

02:03:51.268 --> 02:03:53.708
keeping customers out of the parking lot
and from blocking other businesses.

02:03:55.228 --> 02:03:57.228
The proposed megastore will be in the middle of two

02:03:57.668 --> 02:03:59.668
other businesses, Shogun and the dental office.

02:04:00.868 --> 02:04:03.828
That line is going to go right or left, folks,
and it's going to impede one of those businesses.

02:04:05.708 --> 02:04:07.828
They also don't have a sidewalk
that goes around the building when they run out of concrete.

02:04:10.349 --> 02:04:12.349
That line is going to end up in the road there's congested.

02:04:14.690 --> 02:04:16.629
No traffic.
Thank you.

02:04:17.829 --> 02:04:19.829
Thank you, Fabian. Oh.

02:04:23.189 --> 02:04:25.189
Fabian. Oh.

02:04:30.749 --> 02:04:32.429
Good evening.
My name is Fabian Outdoors and I'm the assistant manager

02:04:33.749 --> 02:04:35.829
at Zen Garden Wellness.
That's the existing dispensary at the proposed location.

02:04:38.789 --> 02:04:41.589
I do have some concerns about the project.
Having worked there in the past three years.

02:04:42.509 --> 02:04:44.509
We have a team have worked hard to create

02:04:44.829 --> 02:04:46.829
a safe and welcoming location within the center.

02:04:47.549 --> 02:04:50.290
Cannabis was new to so many people
that we were not immediately accepted within the plaza.

02:04:51.989 --> 02:04:54.149
But building relationships with our neighbors
and community

02:04:54.149 --> 02:04:56.149
over time helps showcase how we were perceived to the public.

02:04:57.389 --> 02:04:59.909
We started noticing outside support
from many local businesses,

02:05:00.290 --> 02:05:02.290
such as those within our Plaza and the Lincoln Center,

02:05:03.190 --> 02:05:05.950
and we continue to flower those relationships
and encourage helping each other out.

02:05:07.700 --> 02:05:08.590
In the past,
we have seen what happens to sales

02:05:09.110 --> 02:05:11.110
when new dispensaries open in the city.

02:05:11.630 --> 02:05:14.470
When the discount retailer opened down the road,
we noticed a significant decrease

02:05:15.350 --> 02:05:17.870
in traffic to the store.
Potentially opening one mere feet away from us

02:05:19.430 --> 02:05:21.430
will be detrimental to business and to staff already

02:05:22.630 --> 02:05:24.670
fighting through a pandemic.
The last thing we really need is to compete

02:05:25.350 --> 02:05:27.350
for customers with our next door neighbors.

02:05:28.630 --> 02:05:31.470
Currently, we do share the parking lot
with multiple
surrounding businesses and already see heavy traffic,

02:05:33.270 --> 02:05:35.270
making it difficult for staff and patrons of

02:05:35.430 --> 02:05:37.430
not only our store to find a accessible spot.

02:05:39.710 --> 02:05:41.710
Having two security companies, two sets of customers, two

02:05:42.430 --> 02:05:45.270
sets of employees, and one parking lot
along with increased vendor and delivery activity.

02:05:47.550 --> 02:05:49.550
Traffic will be overwhelming to all within our plaza.

02:05:50.591 --> 02:05:52.591
This could especially be difficult during retailer days

02:05:53.231 --> 02:05:55.231
and seasons of activity spikes.

02:05:57.151 --> 02:05:59.151
Offering the service that we do within our community

02:05:59.671 --> 02:06:01.671
has given us the opportunity to help those who truly need it.

02:06:02.911 --> 02:06:04.871
We see and serve
many diverse groups and do what we can to remain

02:06:06.871 --> 02:06:08.871
and be compassionate within our industry

02:06:09.551 --> 02:06:11.551
the way it was always thought out to be.

02:06:12.351 --> 02:06:14.711
Offering groups such as students, seniors
and veterans

02:06:14.711 --> 02:06:16.711
a discount on the preferred method of medicating exhibits

02:06:17.591 --> 02:06:19.591
the image that Zen Gardens strives to implement

02:06:20.111 --> 02:06:22.111
that we put the need of our community first,

02:06:23.711 --> 02:06:25.711
the ability to offer a safe location has kept us focused

02:06:26.751 --> 02:06:28.751
on staying true
to our foundation to provide cannabis

02:06:29.511 --> 02:06:31.511
cannabis to those who benefit from its medicinal properties.

02:06:32.711 --> 02:06:34.711
Seniors and veterans make up a majority of our clientele and

02:06:36.991 --> 02:06:38.991
the main groups that we service due to the way

02:06:39.311 --> 02:06:42.272
that we conduct ourselves at Zen.
Due to this sensitive matter, keeping those groups in mind,

02:06:44.872 --> 02:06:46.872
placing a major retailer near an already

02:06:47.352 --> 02:06:49.352
existing one can deter them from our location,

02:06:49.472 --> 02:06:51.472
which has proven to be a reliable source to them.

02:06:52.952 --> 02:06:55.872
Our company's approach to facilitate fair
access and opportunity within our diverse team

02:06:57.632 --> 02:07:00.552
and community has made a positive impact
in the lives of many individuals.

02:07:01.632 --> 02:07:03.632
We've kept many loyal customers just because of the way we do

02:07:04.832 --> 02:07:07.352
conduct ourself.
As then
our team has cultivated a culture here

02:07:07.952 --> 02:07:09.952
that has challenged the stigma behind cannabis

02:07:10.472 --> 02:07:12.472
by offering a service based on knowledge

02:07:12.512 --> 02:07:14.512
and educating the public on every visit.

02:07:14.792 --> 02:07:16.792
We are driven by competition, but strongly believe that

02:07:17.472 --> 02:07:19.472
placing multiple retailers within the same

02:07:20.320 --> 02:07:22.320
shopping center will not only be

02:07:22.192 --> 02:07:24.192
unhealthy for our industry, but also our community.

02:07:25.192 --> 02:07:27.192
Thank you for your time.

02:07:27.312 --> 02:07:29.432
Thank you.
Corey Travis.

02:07:33.713 --> 02:07:35.713
Corey Travis.

02:07:44.113 --> 02:07:46.313
Councilmembers Members.
Lincoln, good evening.

02:07:46.913 --> 02:07:48.913
My name is Corey Travis, and I represent

02:07:49.153 --> 02:07:51.153
and manage the existing dispensaries and garden wellness

02:07:52.313 --> 02:07:54.313
in minority owned, woman owned,

02:07:54.913 --> 02:07:56.913
Stockton owned and locally operated dispensary

02:07:58.393 --> 02:08:00.393
and we wholly oppose corporate cannabis as attempt

02:08:01.233 --> 02:08:03.553
to convince you
that two dispensaries right next to each other,

02:08:04.793 --> 02:08:06.793
right next to each other is a good idea.

02:08:07.873 --> 02:08:09.873
Now, in order to peddle that misnomer, the applicant

02:08:10.633 --> 02:08:12.633
has hired an army of lawyers and consultants

02:08:13.833 --> 02:08:15.833
to tell you what's best for the shopping center.

02:08:16.953 --> 02:08:18.953
Well, let me tell you, we don't need a report

02:08:19.473 --> 02:08:21.473
from San Francisco to know what's best for Stockton.

02:08:23.554 --> 02:08:26.354
We live here.
In fact,
all I need to do is think about our planning

02:08:27.154 --> 02:08:29.154
commission hearing at this center.

02:08:29.434 --> 02:08:31.434
I remember receiving a unanimous approval

02:08:31.714 --> 02:08:33.714
by bringing forward a project the community wanted.

02:08:35.554 --> 02:08:37.554
We revitalized a half vacant building,

02:08:37.874 --> 02:08:39.874
brought security to the area that wasn't there before,

02:08:40.834 --> 02:08:43.674
and promised to redevelop
restaurant commerce within the center.

02:08:45.474 --> 02:08:47.834
Fast forward to today.
We have a pizza place,

02:08:48.194 --> 02:08:50.194
a fried chicken outfit, and a dispensary.

02:08:51.340 --> 02:08:53.340
This is no longer about bringing more business

02:08:53.594 --> 02:08:55.594
or security or tax revenue to the area.

02:08:56.954 --> 02:08:58.954
It's about servicing the commerce and the businesses

02:08:59.634 --> 02:09:01.874
that are already here.
This is 100% leased portion of the shopping center.

02:09:04.340 --> 02:09:06.994
Well, staff will tell you no problem.
34 parking spaces in front of Capps Pizza,

02:09:08.954 --> 02:09:11.355
a family dentist office
and two dispensaries more than enough under the code.

02:09:13.995 --> 02:09:15.995
But what they won't tell you is the code that they're using

02:09:17.115 --> 02:09:19.115
doesn't consider cannabis any different than, let's say,

02:09:20.715 --> 02:09:22.715
a regular retail gift shop.

02:09:22.835 --> 02:09:24.835
But I can tell you it's very different.

02:09:24.955 --> 02:09:27.315
It takes ten people
per shift twice a day just to run the place.

02:09:29.555 --> 02:09:31.555
We see 500 customer cars a day.

02:09:32.235 --> 02:09:34.235
There is no way that you can stack a cookies dispensary

02:09:35.915 --> 02:09:37.915
almost twice our size into that shared parking lot

02:09:38.835 --> 02:09:40.835
and think that it's not going to have a negative effect

02:09:41.195 --> 02:09:43.195
on these surrounding businesses.

02:09:43.635 --> 02:09:45.715
Council members.
This project
is busting at the seams with issues

02:09:47.195 --> 02:09:49.195
because it has no business being here,

02:09:49.515 --> 02:09:51.515
but instead of addressing them, staff is working overtime

02:09:52.475 --> 02:09:54.475
to try to justify around them sensitive use over here

02:09:56.715 --> 02:09:58.715
parking issues over their policy issues all over it.

02:10:00.756 --> 02:10:03.516
So I met with our council member,
a council member, to discuss our group's concerns

02:10:04.836 --> 02:10:06.836
about the secrecy and lack of transparency with this process.

02:10:08.916 --> 02:10:10.916
And they somewhat jokingly said, If I were the applicant,

02:10:11.836 --> 02:10:13.836
I'd want to keep this under wraps as long as possible, too.

02:10:15.436 --> 02:10:17.436
I mean, I get it, but really, we have a staff report here

02:10:18.396 --> 02:10:20.876
where half the facts are wrong.
Letters are missing from the packet,

02:10:21.756 --> 02:10:24.556
and I don't know
if Cookie's is mad at us
because we turned them down a few years ago

02:10:25.316 --> 02:10:28.276
when they wanted to take over our store.
But now they're here, back at our doorstep as a competitor.

02:10:30.596 --> 02:10:32.596
There are a lot of areas in the city that could benefit

02:10:32.836 --> 02:10:35.796
from a company with their kind of money.
I see them going into the Bay Area where they build buildings

02:10:37.236 --> 02:10:39.236
and doing credible work to put their best foot forward.

02:10:39.996 --> 02:10:42.996
But here,
kicking out a community
nonprofit to set up a shop next to a shop

02:10:45.396 --> 02:10:47.396
support your commissioners and deny this project.

02:10:47.636 --> 02:10:49.636
Tell the developers they can do better.

02:10:49.716 --> 02:10:52.637
Thank you. Thank you.
Mitch Abdullah

02:11:02.437 --> 02:11:04.317
Good evening, Mr.
Mayor. Council members, ladies and gentlemen,

02:11:05.637 --> 02:11:07.677
my name is Mitch Abdul.
I represent a property owner in the shopping center

02:11:10.597 --> 02:11:12.597
I him and our opposition of the property

02:11:13.917 --> 02:11:15.917
owners in opposition of the application.

02:11:18.277 --> 02:11:20.277
I submitted a letter earlier today.

02:11:20.437 --> 02:11:22.437
Hopefully you got a chance to review it.

02:11:22.917 --> 02:11:24.917
It was on the needs of spatial buffers

02:11:26.770 --> 02:11:28.770
between cannabis businesses.

02:11:29.197 --> 02:11:31.197
My concern tonight is an apparent staff

02:11:32.397 --> 02:11:34.397
contradiction, namely proximity between

02:11:36.157 --> 02:11:38.157
cannabis businesses.

02:11:39.637 --> 02:11:42.598
It is well recognized by the courts
that agencies like yourself may rely on the opinions

02:11:44.878 --> 02:11:46.878
of staff and reaching decisions

02:11:48.380 --> 02:11:50.380
because of substantial evidence that the staff produces

02:11:53.598 --> 02:11:55.718
on the one hand, staff
recommends on a September 15th the planning take

02:11:59.780 --> 02:12:01.780
the 1000 feet,

02:12:01.158 --> 02:12:03.158
the planning
the 1000 feet is a necessary buffer between cannabis masses

02:12:05.478 --> 02:12:07.478
as it relates to, among other things, over saturation.

02:12:09.958 --> 02:12:11.958
To be sure, steps 1000 foot recommendation

02:12:12.438 --> 02:12:14.438
should be taken seriously.

02:12:14.598 --> 02:12:16.598
For example, Phenix has a one mile buffer.

02:12:18.438 --> 02:12:20.438
The City of Chicago has a 1500 foot buffer.

02:12:21.838 --> 02:12:23.838
Mendocino County 1000 feet, and even San Francisco

02:12:25.198 --> 02:12:27.198
has a 600 foot buffer between cannabis businesses.

02:12:30.359 --> 02:12:32.839
On the other hand,
stamp supports and recommends recommends approval

02:12:35.519 --> 02:12:37.519
of a appellants application

02:12:38.519 --> 02:12:40.519
of only a 150 foot buffer,

02:12:41.559 --> 02:12:43.559
not because of oversaturation concerns, but solely

02:12:45.790 --> 02:12:47.790
because it conforms with today's flawed ordinance

02:12:50.959 --> 02:12:53.439
it is beyond question
that staff's capricious position is emphatically untenable.

02:12:56.359 --> 02:12:58.359
Its dual positions are either irrational

02:13:00.319 --> 02:13:02.319
or questionable and disingenuous

02:13:03.399 --> 02:13:05.399
thusly

02:13:06.359 --> 02:13:08.519
thusly Counsel
ought to deny the application or alternatively wait

02:13:11.159 --> 02:13:13.159
on the results of line ledge as it relates to the 1000 foot

02:13:14.999 --> 02:13:16.999
buffer thank you very much

02:13:19.319 --> 02:13:21.960
thank you.
Deborah.
Villa Paso.

02:13:30.840 --> 02:13:32.400
Good evening.
City Council members, city staff members and Mayor Lincoln.

02:13:35.200 --> 02:13:37.200
My name is that what I will also and I'm here before you today

02:13:38.360 --> 02:13:40.360
to express my support of appealing the Planning

02:13:41.800 --> 02:13:43.800
Commission's denial of a commission use.

02:13:43.200 --> 02:13:46.120
Permit and administrative use.
Permit and approve of these permits

02:13:47.280 --> 02:13:49.280
to allow the applicant to establish a retailer.

02:13:49.920 --> 02:13:51.920
Storefront, cannabis business or cannabis dispensary.

02:13:54.960 --> 02:13:56.960
The Planning Commission's denial of such permits

02:13:57.840 --> 02:14:00.160
is without merit.
The proposed cannabis dispensary.

02:14:00.960 --> 02:14:02.960
Application meets every single one

02:14:03.640 --> 02:14:05.640
of the stringent requirements the city of Stockton has imposed

02:14:07.120 --> 02:14:09.120
in addition to meeting all the state required regulations.

02:14:11.521 --> 02:14:14.441
For the record, the majority.
Of the planning commissioners denied these permits.

02:14:16.201 --> 02:14:18.521
Because of approval of this.
Dispensary would, quote,

02:14:19.241 --> 02:14:21.241
reduce the neighboring business prosperities and create

02:14:22.281 --> 02:14:24.281
an excessive concentration in this area.

02:14:25.410 --> 02:14:27.410
And the establishment of this business

02:14:27.121 --> 02:14:29.121
would constitute a hazard to the public convenience, health.

02:14:31.121 --> 02:14:33.121
Interest, safety, peace or general.

02:14:34.410 --> 02:14:36.410
Welfare of persons residing or working in the neighborhood,

02:14:37.201 --> 02:14:39.201
unquote.

02:14:39.321 --> 02:14:40.601
There is
simply no evidence to support such claims.

02:14:42.601 --> 02:14:44.921
On the contrary.
Research time and time.

02:14:45.321 --> 02:14:47.321
Again, has shown that healthy competition occurs

02:14:48.881 --> 02:14:50.881
when competing firms are in close proximity to one another.

02:14:53.410 --> 02:14:55.601
We see this all throughout the city of.
Stockton, with gas stations, banks.

02:14:57.481 --> 02:14:59.481
Coffee shops and pharmacies next door to each other.

02:15:01.322 --> 02:15:03.322
This is called the hoteling model of spatial competition

02:15:05.420 --> 02:15:07.420
and this type of competition is correlated with an increase

02:15:08.562 --> 02:15:10.762
in customers.
More foot traffic, and an increase in business prosperity.

02:15:14.202 --> 02:15:16.202
We will see such prosperity with the two dispensaries

02:15:17.162 --> 02:15:19.322
in close proximity.
To one another product differentiation

02:15:21.402 --> 02:15:23.402
and the geospatial positioning of the proposed location which.

02:15:25.122 --> 02:15:27.122
Is considered the central area of the city of Stockton.

02:15:29.442 --> 02:15:31.442
I ask each one of you to carefully consider your decision

02:15:33.442 --> 02:15:35.442
and think What type of precedent would I like to set today?

02:15:38.162 --> 02:15:40.162
A precedent that considers policy and follows.

02:15:41.322 --> 02:15:43.322
Our city's municipal codes or precedent.

02:15:44.282 --> 02:15:46.282
That discards existing policies

02:15:47.420 --> 02:15:49.420
based on economic misconceptions.

02:15:49.802 --> 02:15:52.163
Therefore,
I ask that you all vote in favor of the staff's recommendation.

02:15:54.603 --> 02:15:57.483
And appeal the Planning Commission's
denial of a commission use permit

02:15:58.563 --> 02:16:00.563
and administrative use permit. Thank you.

02:16:05.300 --> 02:16:07.300
Thank you.

02:16:07.403 --> 02:16:09.403
Hang hung.

02:16:14.363 --> 02:16:16.283
I'm sorry,
did you say all of your clerk.

02:16:21.323 --> 02:16:24.300
Good evening, Mayor.
Council members.

02:16:24.483 --> 02:16:26.563
My name is Hang.
I'm the one who won the lottery.

02:16:28.323 --> 02:16:30.323
And I'm the one who follows the business.

02:16:30.403 --> 02:16:32.403
So reflecting back at the time I entered the lottery, you know,

02:16:34.283 --> 02:16:36.283
I was hopeful to get a chance to get in this industry,

02:16:37.203 --> 02:16:39.203
and I wasn't sure what to expect.

02:16:39.923 --> 02:16:41.923
Started work in regards to all the process together

02:16:43.444 --> 02:16:45.444
and realizing that this is an opportunity

02:16:46.404 --> 02:16:48.404
that I can't pass up we don't get this.

02:16:49.924 --> 02:16:52.484
So we just kept going with that.
And we was at the planning planning commission,

02:16:55.244 --> 02:16:57.244
and I was very surprised when things turned out

02:16:57.844 --> 02:16:59.844
that majority of them voted no on this on this project,

02:17:03.684 --> 02:17:05.684
only because

02:17:06.204 --> 02:17:08.804
there was really no reason beyond to give you
because somebody was intimidated by us.

02:17:11.440 --> 02:17:13.440
So long story short,

02:17:14.844 --> 02:17:17.684
I think this would be a great opportunity for me.
I didn't grow up rich.

02:17:18.444 --> 02:17:21.440
I didn't have money like that.
I've been here almost all my life.

02:17:21.764 --> 02:17:24.284
30 years plus.
I got two kids I raised here.

02:17:24.484 --> 02:17:26.484
I raised my whole family here. Yeah, I take care of my mom.

02:17:26.884 --> 02:17:28.884
Majority time, all the time, almost.

02:17:29.400 --> 02:17:31.605
I just want a simple opportunity,
just like they had because we went through hell and back.

02:17:33.365 --> 02:17:35.365
We jump through hoops to do everything the right way.

02:17:36.500 --> 02:17:38.500
I don't see any reason why they would deny us this.

02:17:39.845 --> 02:17:41.845
And, you know, you heard the facts.

02:17:42.245 --> 02:17:44.245
There's two stores are right next to each other,

02:17:44.885 --> 02:17:47.885
and everyone is making money.
Everyone's fine. So, you know,

02:17:51.845 --> 02:17:54.565
like I said,
I am pro Stockton.

02:17:54.845 --> 02:17:56.845
I am pro city I am pro our law enforcement.

02:17:58.450 --> 02:18:00.450
My house got robbed twice, one time with my kids

02:18:01.850 --> 02:18:03.850
on the floor with guns their heads.

02:18:04.850 --> 02:18:06.850
So if you think it's just about money,

02:18:07.205 --> 02:18:09.205
yeah, it's money to get our city back

02:18:10.205 --> 02:18:12.205
and it's money for me to get an opportunity

02:18:12.485 --> 02:18:14.485
to raise my family the way I should. So

02:18:16.765 --> 02:18:18.765
if you can please consider everything I told you. And,

02:18:21.166 --> 02:18:23.166
you know, thank you for your time.

02:18:26.326 --> 02:18:27.886
Thank you.
Nicole Key.

02:18:30.966 --> 02:18:32.966
Nicole, Keith,

02:18:38.406 --> 02:18:39.766
hello.
I'm Nicole Key. I'm the leasing broker for.

02:18:41.166 --> 02:18:43.166
A majority of the shopping. Center. I'm here.

02:18:43.486 --> 02:18:45.726
Before you not to.
Talk about the youth specifically.

02:18:46.566 --> 02:18:48.646
But just more of the general.
Property conditions that I've experienced in being employed by

02:18:53.286 --> 02:18:55.286
the. Shopping center owner over the last.

02:18:55.566 --> 02:18:57.566
Five years.

02:18:58.606 --> 02:19:00.606
For me, this project isn't

02:19:01.126 --> 02:19:03.126
I'm not directly associated.

02:19:03.446 --> 02:19:05.366
With the project.
Itself. For me, it is about the benefit that the.

02:19:06.846 --> 02:19:08.846
Project brings to the center.

02:19:09.860 --> 02:19:11.860
I have had to call.

02:19:11.687 --> 02:19:13.927
The police department.
Multiple times

02:19:13.967 --> 02:19:15.967
to have transients removed from the property

02:19:17.700 --> 02:19:19.700
that have been disturbing existing. Businesses.

02:19:19.807 --> 02:19:21.367
And I've heard
similar complaints to tenants within this shopping center.

02:19:23.527 --> 02:19:25.527
And so by having that added 24 hour security guard on.

02:19:28.447 --> 02:19:31.127
Site, that's going to be a. Huge.
Added benefit for the security of the businesses within.

02:19:33.767 --> 02:19:35.767
The center and the patrons that are visiting the businesses.

02:19:36.847 --> 02:19:38.847
To make sure that people aren't coming up to them

02:19:39.687 --> 02:19:42.607
as they're walking from their businesses.
To their vehicles.

02:19:43.967 --> 02:19:45.487
The other.
Thing that has been contemplated over the last several years

02:19:48.287 --> 02:19:50.287
that have isn't worked. Into the budget.

02:19:51.470 --> 02:19:53.470
Is capital improvements to the shopping center by

02:19:54.487 --> 02:19:56.487
way of landscaping.

02:19:57.700 --> 02:19:59.700
Better signage along Pacific Avenue and.

02:20:00.127 --> 02:20:02.888
Improving that whole streetscape.
So that. Way there is a.

02:20:03.208 --> 02:20:05.208
More attractive appeal to. This center that helps draw.

02:20:06.880 --> 02:20:08.880
Patrons in also. There.

02:20:09.448 --> 02:20:12.328
The drives in the shopping center.
You know, there are some potholes in there.

02:20:13.248 --> 02:20:15.248
And so by getting that added contribution,

02:20:16.528 --> 02:20:18.528
you know, it's only going to add a benefit

02:20:18.688 --> 02:20:20.688
to the overall ownerships within the center

02:20:25.368 --> 02:20:27.728
after I've placed
several tenants in the center over the last couple of years.

02:20:30.728 --> 02:20:32.728
And when I go up and ask them how is their business doing

02:20:33.768 --> 02:20:36.448
after they open, you know, kind.
Of the common theme is

02:20:36.808 --> 02:20:38.808
can you get. Us a tenant that has increased foot

02:20:39.888 --> 02:20:41.888
traffic in the 6500 square foot vacancy there? Yes,

02:20:44.880 --> 02:20:46.880
we have traffic from the post office and from Save Mart.

02:20:49.208 --> 02:20:52.169
The old longs is is.
Obliged to the center.

02:20:52.289 --> 02:20:54.289
And so that's a work in process.

02:20:54.529 --> 02:20:56.529
But by having a tenant that does bring that traffic traffic to.

02:20:59.369 --> 02:21:01.369
The north side of the parking lot, I think.

02:21:01.529 --> 02:21:04.209
Would only provide an added benefit
to the rest of the center.

02:21:04.529 --> 02:21:06.529
And so from that standpoint, I just want to

02:21:08.890 --> 02:21:10.890
appreciate your excuse me, thank you for your time and I

02:21:11.249 --> 02:21:13.249
appreciate your consideration on the matter.

02:21:15.809 --> 02:21:17.489
Thank you.
Catherine Smith

02:21:20.490 --> 02:21:22.490
Catherine Smith

02:21:25.169 --> 02:21:27.849
Mr. Mayor Council.
I'm Catherine Smith.

02:21:27.929 --> 02:21:29.929
I own the portion of Hamilton Shopping Center where we.

02:21:30.529 --> 02:21:32.529
Are trying to locate Jeeva.

02:21:33.209 --> 02:21:35.209
Also known as cookies.

02:21:35.249 --> 02:21:36.929
My history with.
Cannabis tenants began about six, five or six years ago.

02:21:39.369 --> 02:21:41.369
I had three or four

02:21:41.530 --> 02:21:43.530
tenants that called me and wanted to locate

02:21:43.730 --> 02:21:46.250
in my part of the center.
I said no because it was illegal in California

02:21:50.100 --> 02:21:52.100
Jeeva Raj, who is

02:21:52.290 --> 02:21:53.970
a consummate
professional, called me about a year and a half ago,

02:21:55.530 --> 02:21:57.530
and I said yes to him for many reasons.

02:21:58.890 --> 02:22:01.690
He gave me an oversight of his company
and what he'd done in the past.

02:22:02.290 --> 02:22:04.330
I knew he was working.
Closely with community.

02:22:05.130 --> 02:22:07.130
Volunteers and staff members also

02:22:12.450 --> 02:22:14.450
I lost four tenants due to COVID.

02:22:18.570 --> 02:22:21.410
Since Jeeva.
Promised to rebuild my sign.

02:22:22.410 --> 02:22:25.500
And as Nicole said,
they are going to put a lot of money into our center

02:22:26.850 --> 02:22:28.850
and revitalize the center, which it does need.

02:22:29.330 --> 02:22:31.330
Again, since I lost all of these tenants, it's been rough.

02:22:34.131 --> 02:22:36.131
I have been in retail, brokerage and development

02:22:36.691 --> 02:22:39.611
for over 40 years.
And I will tell you, I know for a fact

02:22:42.910 --> 02:22:44.910
that the first two or three years of a tenancy

02:22:45.331 --> 02:22:47.331
is when they make or break themselves.

02:22:48.811 --> 02:22:50.811
Zen has been in business for five years.

02:22:51.651 --> 02:22:54.110
They're doing really well.
They have

02:22:54.531 --> 02:22:56.771
customers that are.
Lined up.

02:22:57.211 --> 02:22:59.211
And the restaurants around them are doing well.

02:23:00.131 --> 02:23:02.131
I would love to have that happen and that synergy

02:23:03.171 --> 02:23:05.171
in my part of the center there is a drive that.

02:23:06.811 --> 02:23:08.811
Separates us. And there is plenty of parking.

02:23:09.531 --> 02:23:11.531
I've been going to that center for 20 years

02:23:11.891 --> 02:23:13.891
and I've never had a problem parking.

02:23:14.211 --> 02:23:16.211
We need foot traffic in our part.

02:23:16.971 --> 02:23:18.971
My tenants are desperate for it

02:23:19.251 --> 02:23:22.132
and I have a lot of little tenants.
I now have four start ups and beginning

02:23:24.612 --> 02:23:26.612
tenants and it's critical for them to make it now.

02:23:27.652 --> 02:23:29.652
Again, Zen and congratulations to Corey has done very,

02:23:31.172 --> 02:23:33.172
very well,
but we're just asking for a chance

02:23:34.252 --> 02:23:36.732
and we have a great tenant
that I think will really enhance our center.

02:23:38.520 --> 02:23:40.520
Thank you very much for your consideration.

02:23:42.932 --> 02:23:44.572
Thank you.
Clare Simpson.

02:23:47.332 --> 02:23:49.332
Clare Simpson

02:23:56.612 --> 02:23:58.212
Good evening.
My name is Clare Simpson and I am a lifelong

02:23:59.732 --> 02:24:01.732
resident of Stockton and I'm here speaking in support.

02:24:02.812 --> 02:24:04.812
Of Jehovah's Proposed Retail Storefront.

02:24:05.252 --> 02:24:08.520
It's my. Belief that approval of this.
Business is in the best interest of the city of Stockton

02:24:10.520 --> 02:24:12.520
and residents such as myself

02:24:12.530 --> 02:24:14.530
with a protect projected annual tax benefit to the city

02:24:16.293 --> 02:24:18.293
of 300,000 in the first year and 2.2 million in the first five.

02:24:20.733 --> 02:24:22.733
It would be irresponsible for the city to deny this

02:24:22.973 --> 02:24:24.973
project based on the objections of one business.

02:24:26.733 --> 02:24:28.733
First, I'd like to discuss the benefits of a competitive market

02:24:29.813 --> 02:24:31.813
to provide diversity of choice for residents of Stockton,

02:24:33.853 --> 02:24:35.853
including many small cannabis patients.

02:24:38.530 --> 02:24:40.530
Stockton has five cannabis retail stores

02:24:40.813 --> 02:24:42.973
for a population of over.
300,000 people.

02:24:43.533 --> 02:24:45.533
In comparison, Modesto has 100,000 less people

02:24:46.413 --> 02:24:48.893
and eight retail stores
with several more in the surrounding county.

02:24:50.413 --> 02:24:53.530
As you can see, residents
who use cannabis to treat their medicinal needs

02:24:54.213 --> 02:24:56.213
or for recreation have marketed only less options than those

02:24:57.973 --> 02:25:00.930
in a comparable market.
And I recognize that there may be hesitation.

02:25:01.894 --> 02:25:03.894
To bring more cannabis businesses to the city,

02:25:04.694 --> 02:25:06.694
that these. Businesses may be seen as.

02:25:06.814 --> 02:25:08.974
Purely recreational.
Or even indulgent.

02:25:10.254 --> 02:25:12.254
But we must not forget that cannabis is used

02:25:12.974 --> 02:25:14.974
by hundreds of thousands every day to treat chronic pain.

02:25:15.574 --> 02:25:18.294
And other medical challenges.
These patients. Deserve access. To.

02:25:19.534 --> 02:25:21.254
The variety.
And quality of selection that market competition can bring.

02:25:23.734 --> 02:25:26.414
Secondly, I believe this business will
have a direct positive impact on the shopping center

02:25:27.814 --> 02:25:30.454
where it is located.
As a regular patron of two businesses

02:25:31.494 --> 02:25:33.734
in that shopping center,
it is not hard to see that it needs revitalization.

02:25:35.494 --> 02:25:38.214
There are several empty storefronts
and unhoused populations have begun to set up

02:25:39.334 --> 02:25:41.974
camp near these buildings.
There is extensive data showing decreased crime

02:25:43.934 --> 02:25:45.934
that a cannabis retail store can bring.

02:25:46.334 --> 02:25:49.940
An additional location
and increased foot traffic

02:25:49.214 --> 02:25:51.214
would bring new life to the shopping center,

02:25:51.335 --> 02:25:54.255
and it will incentivize new businesses.
To move into the center.

02:25:55.295 --> 02:25:56.975
As we know
that empty storefronts have a domino effect.

02:25:58.735 --> 02:26:00.735
A cookies cannabis retail store will have a large.

02:26:01.415 --> 02:26:03.415
Draw and will raise the overall quality of.

02:26:03.895 --> 02:26:06.150
The area.
I appreciate you taking the time to hear my remarks.

02:26:07.150 --> 02:26:08.175
And I.
Ask that you consider the best interests of Stockton residents.

02:26:09.775 --> 02:26:11.775
When you make your vote today.

02:26:14.535 --> 02:26:16.535
Mayor Aguirre

02:26:25.975 --> 02:26:27.615
good evening, Mayor
Lincoln, Vice Mayor Fugazi and Council members.

02:26:29.615 --> 02:26:31.855
My name is Maya Aguirre.
I am a Stockton native, born and raised.

02:26:33.175 --> 02:26:35.175
I'm a cannabis business equity advocate

02:26:35.495 --> 02:26:37.495
and a member of the Minority Cannabis Association,

02:26:38.150 --> 02:26:40.150
the National Diversity and Inclusion Cannabis

02:26:40.176 --> 02:26:42.176
Alliance and the Bay Area Latino Cannabis Alliance.

02:26:43.416 --> 02:26:45.856
And I also participated in
Stockton's current Cannabis Equity Policy Project.

02:26:48.960 --> 02:26:50.960
I'm here today to advocate in support

02:26:50.136 --> 02:26:52.136
of the retail cannabis storefront application

02:26:52.536 --> 02:26:54.536
submitted by my fellow stock, Tony and Mr.

02:26:55.560 --> 02:26:57.216
Hung, who?
The Equity Lottery recipient.

02:26:58.336 --> 02:27:01.296
As a local resident, I have spent time
following various city projects,

02:27:02.136 --> 02:27:04.136
community issues, and local politics.

02:27:04.856 --> 02:27:06.856
And I'm always deeply saddened when I see projects

02:27:07.336 --> 02:27:09.336
come to fruition or fade into obscurity

02:27:09.936 --> 02:27:12.496
because of the role
local politics
can sometimes play in the decision making process.

02:27:14.656 --> 02:27:16.656
I believe this application to be one of those unfortunate cases

02:27:18.456 --> 02:27:20.456
where local politics have clearly overridden

02:27:20.896 --> 02:27:23.136
define policy.
And here and Hadi here, it's to policy guidelines

02:27:25.960 --> 02:27:27.960
by a law abiding and capable constituent of your city.

02:27:29.136 --> 02:27:31.497
While I won't make any assumptions
as to why this project was denied

02:27:32.170 --> 02:27:34.857
when it so clearly should not have been,
what I would like to do

02:27:35.177 --> 02:27:37.457
is reiterate that the findings
for the basis of denial by the Planning Commission

02:27:38.737 --> 02:27:40.737
are outside of the scope of their responsibilities

02:27:41.617 --> 02:27:44.297
and did not follow the guideline,
the guiding principles of which

02:27:46.657 --> 02:27:48.657
the Planning Commission is supposed to make determinations.

02:27:49.457 --> 02:27:51.857
Planning Commission denied Mr.
Hong's application based on the following findings.

02:27:53.617 --> 02:27:55.617
The project was to close to another cannabis retailer

02:27:56.977 --> 02:27:58.977
might cause increased crime, might cause increased traffic

02:28:00.177 --> 02:28:02.177
congestion, and might impact available parking.

02:28:03.697 --> 02:28:05.337
Mr. Hong
and his team have provided rigorous documentation and data

02:28:07.897 --> 02:28:09.897
to negate each and every one of these findings.

02:28:12.337 --> 02:28:14.337
Of the Planning Commission.

02:28:14.737 --> 02:28:16.737
But I will remind the Council that both city staff and City

02:28:17.897 --> 02:28:20.297
Police Department
provided findings in support of the project approval,

02:28:22.618 --> 02:28:24.618
and the proposed project is in a retail shopping center

02:28:25.778 --> 02:28:28.578
that was built over four decades ago
for the purpose of attracting attracting retail shoppers.

02:28:30.778 --> 02:28:32.778
It was literally built to attract traffic.

02:28:34.378 --> 02:28:36.378
I implore the Council to look at the facts of the findings.

02:28:37.218 --> 02:28:39.218
There are no viable grounds for upholding the deal.

02:28:39.938 --> 02:28:41.938
The project has the support of the city staff,

02:28:42.458 --> 02:28:44.978
the City Police Department,
and is one of very few applicants

02:28:46.138 --> 02:28:48.538
that has been able to present the city
with a cannabis retail application

02:28:49.458 --> 02:28:51.938
that complies with every single
established requirement without the need for a waiver.

02:28:54.858 --> 02:28:56.778
And yet, Mr.
Hung is here tonight

02:28:57.180 --> 02:28:59.180
fighting an appeal for a project that should have been.

02:28:59.178 --> 02:29:01.178
Approved.

02:29:01.578 --> 02:29:04.378
Your constituents have voted for each
and every one of you to uphold our city's

02:29:05.180 --> 02:29:07.180
charter and operate according to our city's municipal codes.

02:29:08.818 --> 02:29:10.818
You are all participants in our community.

02:29:11.190 --> 02:29:13.190
Your teachers, your business owners.

02:29:13.219 --> 02:29:15.219
And on and on.

02:29:15.979 --> 02:29:17.979
If we can approve dispensaries by out-of-town operators

02:29:19.190 --> 02:29:21.190
who can be approved unanimously by our planning commission

02:29:21.979 --> 02:29:23.979
when location is riddled with sensitive users,

02:29:24.659 --> 02:29:26.659
how can we not support our own homegrown minority constituents?

02:29:29.990 --> 02:29:31.990
I strongly urge each and every city council member to vote you.

02:29:32.179 --> 02:29:34.179
Thank you for your. Time and recommendation. Thank you.

02:29:34.299 --> 02:29:36.339
Thank you.
Our next speaker, Francisco Arriola.

02:29:38.819 --> 02:29:40.819
Francisco

02:29:46.990 --> 02:29:48.419
Good evening.
My name is Francisco Ariela.

02:29:49.990 --> 02:29:51.990
I'm currently an associate marriage and family therapist.

02:29:52.590 --> 02:29:54.779
I have been working in the public sector
for about six years now in Stockton.

02:29:56.179 --> 02:29:58.179
I have seen the need for funding to non-profits and Stockton,

02:30:00.540 --> 02:30:02.540
especially to the organizations who aim to provide services

02:30:03.300 --> 02:30:05.300
to families and children and youth in our community.

02:30:06.420 --> 02:30:08.420
As you may know, many nonprofits have limited funding,

02:30:09.180 --> 02:30:11.180
and a lot of them depend on donations and sponsorships

02:30:15.200 --> 02:30:17.660
Therefore, I believe that adding a business
such as cookies to operate within our community

02:30:19.860 --> 02:30:21.700
would bring various
benefits to the organizations in our surrounding community.

02:30:23.940 --> 02:30:25.940
And the community as a whole,

02:30:26.580 --> 02:30:28.580
where organizations such as Stockton Parks and Rec,

02:30:29.700 --> 02:30:31.700
Stockton Youth Soccer Association, the YMCA,

02:30:33.100 --> 02:30:34.740
the Child Abuse
Prevention Council, recreational and mental health programs

02:30:37.380 --> 02:30:39.380
would see an increase in participation

02:30:39.460 --> 02:30:41.460
within their services.

02:30:42.420 --> 02:30:44.420
And in return, you would allow organizations

02:30:44.700 --> 02:30:46.660
to program and provide
further services to the families and youth in our community.

02:30:49.340 --> 02:30:51.340
This is an opportunity for organizations in Stockton

02:30:51.621 --> 02:30:54.541
to potentially receive donations
that can help meet their current needs within our city.

02:30:56.501 --> 02:30:58.381
Overall, the funding
that this project can provide can result

02:30:59.101 --> 02:31:01.101
in further positive impacts to the community

02:31:01.421 --> 02:31:03.421
at large and increase the community engagement

02:31:04.621 --> 02:31:06.141
Thank you for your
time and consideration.

02:31:12.610 --> 02:31:14.610
Abdul.

02:31:16.741 --> 02:31:18.741
Abdul.

02:31:25.661 --> 02:31:27.301
Hello.
My name is Abdulkadir and I'm an international businessman.

02:31:29.861 --> 02:31:32.861
I've been coming to. Stockton for the past.
Several years as I build a business in the community.

02:31:35.301 --> 02:31:37.901
I would like to point out how having a.
Cookie store in Stockton bolsters the city's image.

02:31:40.622 --> 02:31:42.622
As a destination for international business

02:31:43.262 --> 02:31:45.622
investment.
Firstly, Cookies is not just a nationally known brand.

02:31:47.982 --> 02:31:49.782
They also have.
Branches overseas, notably in Spain excuse me, in Spain.

02:31:53.342 --> 02:31:55.342
And Israel.

02:31:55.382 --> 02:31:57.382
Secondly, having a cookie store in Stockton

02:31:57.782 --> 02:32:00.542
would elevate the city's overall.
Business attractiveness status by being a home to this brand.

02:32:04.302 --> 02:32:06.142
And lastly.
International brands looking to.

02:32:06.902 --> 02:32:08.902
Invest in the area will be encouraged.

02:32:09.782 --> 02:32:11.782
Knowing that Cookies has a store in Stockton.

02:32:13.220 --> 02:32:15.582
In conclusion, I ask that the.
City council members and those taking the decision on this case

02:32:18.542 --> 02:32:20.542
weigh the overwhelmingly positive impact

02:32:21.302 --> 02:32:24.102
that this venture would bring to the city of.
Stockton and approve accordingly Thank you.

02:32:28.182 --> 02:32:29.982
Thank you.
Christopher Hernandez.

02:32:31.543 --> 02:32:33.543
Christopher Fernandez

02:32:40.903 --> 02:32:42.903
Good evening, council and mayor.

02:32:43.143 --> 02:32:45.383
I'm Chris Fernandez and I come to you
as a normal Stockton you from District six here in Stockton.

02:32:48.303 --> 02:32:50.303
We find that good business opportunities often elude us

02:32:51.543 --> 02:32:53.543
if we are lucky, which is on rare occasion.

02:32:54.423 --> 02:32:56.103
Can we muster
enough business acumen to pull us up by our bootstraps?

02:32:58.143 --> 02:33:00.823
Holly, does a grandiose opportunity
come knocking on this town's front door?

02:33:02.663 --> 02:33:05.303
There is simply not enough good business
here, and I believe every person in this chamber

02:33:06.823 --> 02:33:08.823
can agree to that.

02:33:09.630 --> 02:33:11.630
But at this moment, we have been presented

02:33:11.543 --> 02:33:14.503
with the golden opportunity to house
one of the world's most elite and recognizable

02:33:15.663 --> 02:33:17.663
brands in the realm of goods and services.

02:33:18.983 --> 02:33:20.983
Other cities across California are coming to terms with this

02:33:22.144 --> 02:33:24.144
same chance that we are presented with tonight.

02:33:25.144 --> 02:33:26.984
At the moment,
we are losing the fight of innovation

02:33:27.624 --> 02:33:30.464
and progress here in Stockton.
The opening of this store is a giant

02:33:31.144 --> 02:33:33.144
step in the right direction.

02:33:34.640 --> 02:33:36.224
Passing this ordinance will
show Stockton's ability to take risk, bring ourselves national

02:33:38.744 --> 02:33:40.744
notoriety, and open doors even to competition.

02:33:42.144 --> 02:33:44.944
Contrary to popular thought,
business is about helping our competitors

02:33:46.224 --> 02:33:48.224
because a strong competitor means a thriving industry

02:33:49.304 --> 02:33:51.304
and a thriving industry means more money for the players

02:33:52.384 --> 02:33:54.384
at hand or how we say in South Stockton we can all eat.

02:33:56.504 --> 02:33:58.504
I ask the council to not allow personally interest

02:33:58.704 --> 02:34:01.424
to deny an opportunity for a demographic
that will simply put in

02:34:01.424 --> 02:34:03.424
some much needed tax dollars into our town's crippling

02:34:04.504 --> 02:34:06.504
trust fund. Thank you.

02:34:07.704 --> 02:34:10.640
Thank you.
Willie Collins.

02:34:11.705 --> 02:34:13.705
Willie Collins is.

02:34:17.705 --> 02:34:18.945
Hello.
Mayor and

02:34:20.650 --> 02:34:21.745
Vice Mayor.
And Councilwoman and Councilman.

02:34:23.305 --> 02:34:25.225
My name is Willie Collins.
I'm the owner of the Clucking Rooster

02:34:26.650 --> 02:34:28.650
and the Hammer Ranch Shopping Center.

02:34:29.650 --> 02:34:31.825
I just overcame recently.
Big situation.

02:34:31.825 --> 02:34:34.665
Jeanie, I'm sure that you all are aware of
and that was where our parking was

02:34:37.250 --> 02:34:39.250
highly impacted by Jeanie.

02:34:39.825 --> 02:34:42.465
During that period of time, I lost
hundreds of thousands of dollars

02:34:43.145 --> 02:34:45.865
just with them being in the parking lot.
And it looks like we're about to go back into the same realm

02:34:47.825 --> 02:34:49.825
again, bringing in a big company like cookies to come in

02:34:53.585 --> 02:34:55.585
compete against a Stockton born company.

02:34:56.585 --> 02:34:58.585
I don't think it's a good idea. I think you should deny them.

02:34:59.225 --> 02:35:01.225
And I'm a lifelong resident of Stockton.

02:35:01.386 --> 02:35:03.866
I went to Los Angeles
in 2018, came back a successful businessman,

02:35:06.266 --> 02:35:08.266
and bought back into my city again after

02:35:10.186 --> 02:35:12.186
after everyone told me that I shouldn't have

02:35:12.666 --> 02:35:14.946
and I should have stayed in L.A.
I came back and I did it again.

02:35:15.666 --> 02:35:17.666
I don't think that we need competitors with that.

02:35:19.386 --> 02:35:22.346
Our cash cows next door to each other.
It's a safety precaution. Also.

02:35:23.506 --> 02:35:25.506
If you look at it there, it's a cash business.

02:35:25.986 --> 02:35:27.586
So you got to
cash the businesses next to each other,

02:35:28.426 --> 02:35:30.986
which is going to bring back people
that's going to have bad ideas.

02:35:31.786 --> 02:35:34.186
I don't think it's a good idea.
And I just want to express my thoughts to this situation.

02:35:36.546 --> 02:35:39.306
And I hope that you guys take caution
and think about that

02:35:39.306 --> 02:35:41.986
because our customers that we have
in that shopping center

02:35:42.106 --> 02:35:44.106
are usually a lot of elderly people that come there.

02:35:44.746 --> 02:35:46.746
And I think what cookies what I've been around the world

02:35:48.506 --> 02:35:50.506
also and I've seen several cookies situations and they

02:35:52.987 --> 02:35:54.987
they bring a lot of colorful situations to their dispensary.

02:35:56.587 --> 02:35:58.587
So it's not all great that it's competitors,

02:35:59.787 --> 02:36:01.787
but we got to cash cows next to each other.

02:36:01.987 --> 02:36:04.947
And I don't think it's a good idea.
I think
it's something that you guys should shut down immediately

02:36:06.107 --> 02:36:08.107
and we should move on. Thank you very much.

02:36:12.867 --> 02:36:14.867
Aziz, Bomani.

02:36:24.587 --> 02:36:26.787
Mayor Lincoln and Council members.
Good evening.

02:36:26.787 --> 02:36:28.867
My name is Aziz Bhamani.
I'm one of the members of the appellant, Jiva Stockton, LLC.

02:36:31.267 --> 02:36:34.227
When I learned of Stockton's social equity program,
I immediately thought of having being familiar with his story.

02:36:35.987 --> 02:36:37.987
I knew he would be the type of local partner

02:36:38.587 --> 02:36:41.147
who embodies the type of individual
that social equity programs aim to uphold.

02:36:42.788 --> 02:36:45.388
I recognize the potential synergies
of linking Hang with Raj,

02:36:46.188 --> 02:36:48.348
who had extensive entitlement
experience in the California commercial cannabis business.

02:36:50.428 --> 02:36:53.148
With my experience in commercial real estate
investment and Raj's experience in the cannabis market.

02:36:54.948 --> 02:36:57.428
We make a great partners
to poise hang for success as a truly local business

02:37:00.228 --> 02:37:02.228
in pursuit of opening a cannabis retail store here.

02:37:02.788 --> 02:37:04.788
We were determined to submit a complete and compliant CFP

02:37:06.868 --> 02:37:09.468
application from the onset
with no need for special treatment

02:37:10.108 --> 02:37:12.108
or variation from the rules and regulations.

02:37:12.588 --> 02:37:14.588
We pledged generous community benefits,

02:37:15.280 --> 02:37:17.280
thorough security and hiring plans, including participating

02:37:18.268 --> 02:37:20.268
in the Cannabis Business Workforce Diversity Program

02:37:21.348 --> 02:37:23.348
to hire 50% of our employees from SB 535

02:37:24.948 --> 02:37:27.908
disadvantaged areas of the city.
Further, we secured a licensing agreement

02:37:28.948 --> 02:37:30.948
with a vulnerable cannabis brand and operator in cookies,

02:37:32.149 --> 02:37:35.109
and most germane to our presence here today
supplied a fully compliant location.

02:37:37.189 --> 02:37:39.869
Due to a mix of Stockton's city
planning and sensitive use restrictions.

02:37:40.549 --> 02:37:42.589
The permissible locations
available were extremely limited,

02:37:43.149 --> 02:37:44.989
but in spite of this,
we proposed a location that met all standards

02:37:46.469 --> 02:37:49.269
laid out in the Stockton Municipal Code
with no request of a waiver or variance.

02:37:51.309 --> 02:37:53.309
But today, I stand here deeply dismayed at the level

02:37:54.149 --> 02:37:56.909
of political theater that has permeated
the Planning Commission.

02:37:57.189 --> 02:37:59.189
At that hearing, I was quite frankly, shocked at the claims

02:38:02.349 --> 02:38:04.349
at the hollow claims aversion to free market

02:38:05.709 --> 02:38:07.709
and downright self-serving behavior on display.

02:38:09.389 --> 02:38:11.389
For a planning commissioner to openly admit

02:38:11.589 --> 02:38:13.589
that a reason for denial is that they have greater

02:38:14.189 --> 02:38:16.989
political aspirations in the city
is especially egregious and deeply concerning.

02:38:19.349 --> 02:38:21.349
To direct staff to concoct reasons for denial.

02:38:21.670 --> 02:38:23.670
When the commissioner could not provide a valid,

02:38:24.990 --> 02:38:26.990
articulable reason is undeniably abhorrent behavior

02:38:28.830 --> 02:38:30.830
that necessitates strict condemnation.

02:38:31.870 --> 02:38:33.870
I would like to commend staff who, in the face of this

02:38:34.190 --> 02:38:36.190
pressure, was able to remain impartial

02:38:36.390 --> 02:38:38.390
in their analysis of the facts and to no surprise

02:38:39.310 --> 02:38:41.310
for a second time, recommended approval for the project

02:38:42.870 --> 02:38:44.870
Stockton PD determined there was no threat

02:38:45.190 --> 02:38:47.190
of criminal increase or a public safety concern.

02:38:48.990 --> 02:38:50.950
Staff's determination
on parking, traffic and commerce indicated clearance

02:38:53.350 --> 02:38:55.350
and therefore recommendation for the project.

02:38:55.950 --> 02:38:57.950
The main opposition to this project comes from Zen Garden,

02:38:59.700 --> 02:39:01.700
whose objection to this project is transparently self-serving.

02:39:02.190 --> 02:39:04.190
They pause it being a contributing member

02:39:04.390 --> 02:39:06.790
of the Stockton community yet yet
stand in the way of progress and desperately

02:39:07.910 --> 02:39:09.910
clinging to baseless claims of noncompliance

02:39:10.551 --> 02:39:12.551
and unfounded critiques of staff's recommendations.

02:39:13.911 --> 02:39:15.911
It is clear the only basis of their argument

02:39:16.351 --> 02:39:18.351
is fear of competition, fear of a free market,

02:39:19.351 --> 02:39:21.951
and a thinly veiled attempt
to exert undue political pressure over

02:39:23.231 --> 02:39:25.231
the city's cannabis market.

02:39:26.710 --> 02:39:28.991
Thank you for your time.
Thank you, Raj.

02:39:29.951 --> 02:39:31.951
Put a bounty.

02:39:32.311 --> 02:39:34.311
Rise.

02:39:41.391 --> 02:39:43.871
Good evening, Mayor Lincoln and Council members.
My name is Raj Patel.

02:39:43.871 --> 02:39:45.871
Barzani, managing director for the applicant.

02:39:45.991 --> 02:39:47.951
I was raised in Fremont
and have been in the cannabis industry for over six years.

02:39:49.351 --> 02:39:51.351
Launched you in 2018 and have ten cannabis retail permits.

02:39:52.711 --> 02:39:54.711
Tonight you have heard compelling testimony in favor

02:39:55.231 --> 02:39:57.271
of approving this project.
And I will re-emphasize

02:39:57.271 --> 02:39:59.951
many of those points here and kindly request you
to focus your attention to the merit and facts

02:40:01.352 --> 02:40:03.352
and the impartial due diligence conducted by staff.

02:40:04.112 --> 02:40:06.272
Before I begin my statement,
I would like to address the inflammatory comments

02:40:07.272 --> 02:40:09.272
made against me in regards to outstanding litigations.

02:40:09.712 --> 02:40:11.712
These claims are categorically false.

02:40:11.912 --> 02:40:13.912
In today's world, there's a delicate balance between

02:40:15.392 --> 02:40:17.392
meritocracy and equity and this project captures both.

02:40:18.712 --> 02:40:20.712
Hang arrive in the U.S.
as a sponsored refugee and displaced

02:40:21.720 --> 02:40:23.952
victim of the Cambodian humanitarian crisis.
A single father of two.

02:40:24.152 --> 02:40:26.952
A stock turning of over 30 years and lives
within the disadvantaged area of the city.

02:40:27.752 --> 02:40:29.752
The city's equity program was designed to give minorities

02:40:30.112 --> 02:40:32.112
like having an opportunity to be in the cannabis industry.

02:40:34.152 --> 02:40:36.152
We agreed to present a project that will meet all code

02:40:36.352 --> 02:40:39.720
requirements including a compliant location
that did not require and waiver a commitment to above industry,

02:40:41.272 --> 02:40:44.112
standard labor practices and wages
to participate in the city's workforce diversity program.

02:40:46.232 --> 02:40:48.712
To provide charitable contributions
annually, to support the local community

02:40:49.592 --> 02:40:51.592
and to maintain neighborhood compatibility

02:40:51.633 --> 02:40:53.633
to complement and add value to surrounding businesses.

02:40:54.313 --> 02:40:56.313
Here are a few facts that deserve consideration.

02:40:56.553 --> 02:40:58.473
We did not maliciously
choose this site to harm another business.

02:40:59.873 --> 02:41:02.313
We abided by the rules and selected
the site as it requires no waiver and meets all code

02:41:03.913 --> 02:41:05.433
standards.
We selected the site for its accessibility

02:41:06.353 --> 02:41:08.353
size, ample parking, and a landlord eager

02:41:08.433 --> 02:41:11.153
to help every business in the center
succeed with 33 spaces available.

02:41:12.233 --> 02:41:14.233
We have more than double the necessary parking

02:41:14.393 --> 02:41:16.393
in our portion of the lot alone and a dedicated logistics area

02:41:17.513 --> 02:41:20.433
to avoid traffic congestion.
City staff has concluded

02:41:20.473 --> 02:41:22.473
twice that this project conforms 100% to all the required

02:41:23.673 --> 02:41:26.393
findings and recommends approval.
Stockton PD

02:41:26.393 --> 02:41:28.993
has affirmatively stated that it has reviewed
this application that indicates no opposition

02:41:30.313 --> 02:41:32.313
or no concern to this proposed project will propose

02:41:32.993 --> 02:41:34.993
we will provide $2.2 million in tax revenue over five years

02:41:36.353 --> 02:41:38.673
as a conservative projection,
which may likely increase as a cookies

02:41:39.473 --> 02:41:41.954
branded retail storefront.
In addition to the city cannabis tax, we've committed $50,000

02:41:44.314 --> 02:41:46.314
or up to 2.5% of revenue and lose annually

02:41:47.194 --> 02:41:49.194
to support local nonprofits and city initiatives.

02:41:49.794 --> 02:41:52.194
This is anywhere from 20 50,000
to $1.1 million over five years.

02:41:52.994 --> 02:41:55.674
It'll go back directly to the community
that should go directly to making positive impacts,

02:41:56.794 --> 02:41:59.794
tackling homelessness issues here in Stockton.
We are happy to make this a condition of approval.

02:42:01.274 --> 02:42:04.340
We even went so far to offer concessions
to appease and garden, which you've heard before.

02:42:05.554 --> 02:42:07.554
We tell clustering is calm and it provides synergy.

02:42:08.514 --> 02:42:10.514
Zen Garden has been open for five years when established

02:42:10.954 --> 02:42:12.954
customer base and clientele cookies has its own

02:42:13.114 --> 02:42:14.714
unique brand.
Following and our storefront will carry 60% of products

02:42:16.794 --> 02:42:18.794
that are exclusive to cookies.

02:42:19.194 --> 02:42:22.740
I leave you with one final thought.
What is the message?
Stockton wants to tell its citizens

02:42:22.874 --> 02:42:24.874
that it in its desire to placate a singular business,

02:42:25.194 --> 02:42:27.194
throw away a qualified social equity applicant.

02:42:27.554 --> 02:42:29.740
Throw away
$3.3 million in tax revenue and charitable contributions.

02:42:31.475 --> 02:42:33.475
Dismiss a project that the facts conforms

02:42:34.315 --> 02:42:36.675
to the city requirements.
What message does this convey to citizens

02:42:37.275 --> 02:42:39.275
about the outcomes when playing fair?

02:42:39.555 --> 02:42:42.315
The message should be that if you abide by the rules,
regulations and code

02:42:42.435 --> 02:42:44.435
and present a project that conforms to city standards,

02:42:44.475 --> 02:42:46.475
the city staff recommends approval for due diligence.

02:42:46.795 --> 02:42:48.795
Thank you for your time. Please approve this project.

02:42:49.355 --> 02:42:51.195
Thank you.
L Childless.

02:42:52.995 --> 02:42:54.995
How Good evening.

02:43:03.675 --> 02:43:06.750
My name is Alden Childers
and I am here to present myself and my family against your.

02:43:08.195 --> 02:43:10.195
Proposal to allow an additional dispensary

02:43:10.475 --> 02:43:12.475
and delivery service in. Homer Ranch.

02:43:12.795 --> 02:43:15.395
Shopping Center.
I am a stock.

02:43:15.435 --> 02:43:17.435
Stockton and with multiple generations

02:43:17.795 --> 02:43:19.875
residing in Stockton.
I am here to share why I oppose.

02:43:21.316 --> 02:43:23.636
Your proposal.
Do us a favor.

02:43:23.756 --> 02:43:25.756
Don't open another cannabis shop.

02:43:26.636 --> 02:43:28.156
Among the.
Many reasons such as cannabis use.

02:43:29.760 --> 02:43:31.760
Product, transportation and Medicaid shoppers and drivers,

02:43:33.516 --> 02:43:36.316
you will be increasing those complex
by allowing an additional set of cannabis users

02:43:38.276 --> 02:43:40.276
and its clientele next door.

02:43:40.956 --> 02:43:42.956
I have seen the one on. E's.

02:43:43.276 --> 02:43:45.276
Hammer Lane and was disheartened to learn.

02:43:45.956 --> 02:43:47.956
We support that type of business.

02:43:48.556 --> 02:43:50.556
The type of business is not kind of food of the future

02:43:51.436 --> 02:43:53.436
I would like to see in this city.

02:43:53.596 --> 02:43:56.156
I love wit.
We have Lincoln High School less than two miles away.

02:43:58.276 --> 02:44:00.276
Two miles away from this center and kids driving to the side

02:44:02.556 --> 02:44:04.556
during the lunch break. Excuse me, when?

02:44:05.556 --> 02:44:07.916
What kind of message?
What kind of message will that send to our children?

02:44:10.197 --> 02:44:12.197
I know Councilmember Liz and Kappa both

02:44:13.957 --> 02:44:15.957
serve on the school board of the area, and we had

02:44:17.637 --> 02:44:19.637
then a stellar job while you are while you all were there.

02:44:22.557 --> 02:44:24.557
Excuse me, but I can't imagine this ever being acceptable.

02:44:27.997 --> 02:44:29.997
I was under the impression that Stockton place a hold on

02:44:31.357 --> 02:44:33.837
allowing. Licensing.
To the cannabis dispensaries.

02:44:34.357 --> 02:44:36.357
Yet here we are with potential five dispensaries on Hammer

02:44:39.197 --> 02:44:41.197
Lane, many delivery services, license and not license.

02:44:44.437 --> 02:44:47.770
As you're are trying to stack two.
Large dispensaries. Next to each other,

02:44:49.157 --> 02:44:51.157
I don't feel comfortable raising my family

02:44:51.277 --> 02:44:53.277
in a city that allows abundance of cannabis use.

02:44:54.517 --> 02:44:56.517
I avoid the Hamlet Hummer Lane Ranch Center at all costs,

02:44:58.437 --> 02:45:00.437
but I have to go there at least once a week

02:45:01.558 --> 02:45:03.558
because of my Disabled Brothers P.O. Box.

02:45:05.638 --> 02:45:07.638
It's such a pain to see a nice shopping center

02:45:07.998 --> 02:45:09.998
with huge potential with just handing the land off

02:45:11.118 --> 02:45:13.118
to homeless pit stop, truck drivers, security camp

02:45:15.558 --> 02:45:17.318
companies, gardening
to cannabis next to a family dental office.

02:45:20.780 --> 02:45:22.438
Council members.
We have a lot of people downstairs who are not speaking.

02:45:24.918 --> 02:45:26.918
They are also in a position of this proposal.

02:45:29.278 --> 02:45:31.278
Please deny, deny, deny.

02:45:31.958 --> 02:45:33.958
I thank you for your time.

02:45:37.478 --> 02:45:39.478
Jose Corona.

02:45:41.380 --> 02:45:43.380
Translator. All

02:45:47.838 --> 02:45:50.558
good evening and council.
My name is Zach Corona.

02:45:50.759 --> 02:45:52.759
I live on Eden Avenue, just behind Save Mart

02:45:54.119 --> 02:45:57.390
I'm here today to ask the city council
to uphold the Planning Commission's decision

02:45:58.399 --> 02:46:00.399
and deny the approval of adding another cannabis

02:46:00.479 --> 02:46:02.479
dispensary right next to an already existing one.

02:46:03.519 --> 02:46:06.239
When my household received a notification
that there would be another cannabis club, I was concerned.

02:46:08.279 --> 02:46:10.199
But when I heard that it would
be a cookies branded store, I was even more alarmed

02:46:13.239 --> 02:46:15.239
As a young adult, I understand the existence of

02:46:15.799 --> 02:46:18.599
needs relating to the use of cannabis,
and I know that there are

02:46:18.599 --> 02:46:20.599
already have Zen garden there in that center.

02:46:21.679 --> 02:46:24.479
I visit the center daily,
whether it's shopping, banking or shipping.

02:46:25.679 --> 02:46:27.679
Zen Garden seems to operate without many issues.

02:46:29.679 --> 02:46:31.679
Zen Garden already fits this community

02:46:33.559 --> 02:46:36.319
but now you're talking about cookies.
I'm not sure you all understand

02:46:36.639 --> 02:46:39.519
the magnitude of this type of retailer
and the element that it would bring to this shopping center.

02:46:43.440 --> 02:46:46.360
Cookies is a brand that sensationalizes
the use of cannabis primarily to young people.

02:46:48.880 --> 02:46:51.640
It's all about making weed cool,
and they do an incredible job at that.

02:46:53.600 --> 02:46:56.240
They work with celebrities to promote weed.
And I personally think the last thing we need

02:46:58.360 --> 02:47:00.360
for the youth in our community is that

02:47:02.320 --> 02:47:04.720
this place will attract an element
that will change the vibrancy of this community and center.

02:47:07.400 --> 02:47:09.400
So I caution the council in approving this store.

02:47:10.400 --> 02:47:12.400
I would like to reiterate my issues are not with cannabis,

02:47:13.440 --> 02:47:16.120
but with this club that plans to open
at this proposed location.

02:47:16.800 --> 02:47:18.800
Thank you for your time.

02:47:19.840 --> 02:47:21.840
Michael O'Leary.

02:47:22.720 --> 02:47:24.720
Michael O'Leary.

02:47:30.241 --> 02:47:33.201
Hello.
Honorable Mayor Lincoln and Council.
Thank you for allowing me to speak tonight.

02:47:35.361 --> 02:47:37.361
My name is Michael Leary, and I'm here tonight because

02:47:37.841 --> 02:47:39.841
the decisions we make today pave the road for tomorrow.

02:47:40.961 --> 02:47:43.361
And I've been in the cannabis industry
since the very beginning of it,

02:47:43.521 --> 02:47:45.521
since the conception of Proposition 215

02:47:47.641 --> 02:47:49.641
through the mess of SB 420, and now into Proposition 64

02:47:53.641 --> 02:47:55.641
I am the CEO of a couple of different companies

02:47:56.281 --> 02:47:58.361
throughout the Valley,
a Medallion Wellness, who owns five retail locations,

02:48:00.801 --> 02:48:02.801
one in Stanislaus County, one in the city of Modesto,

02:48:03.841 --> 02:48:05.841
one in the city of Waterford and one in the city of Atwater.

02:48:06.641 --> 02:48:08.641
One of the city of Merced said, I have two delivery services

02:48:10.281 --> 02:48:12.281
that we deliver cannabis from Fresno to Elk Grove.

02:48:14.521 --> 02:48:16.521
I'm pretty versed in the retail and the retail market,

02:48:19.241 --> 02:48:21.241
and I would like to start off by saying that

02:48:24.962 --> 02:48:26.962
Miss Herman's research

02:48:27.122 --> 02:48:29.122
that I saw earlier is spot on with my reality.

02:48:30.562 --> 02:48:32.562
When I started there weren't very many cannabis

02:48:33.322 --> 02:48:35.202
facilities around
me, and I was scared when other facilities started coming in.

02:48:37.562 --> 02:48:39.562
I thought, Oh my gosh, this is going to kill my business.

02:48:39.842 --> 02:48:42.202
This is going to take business away.
And when in fact, I was wrong.

02:48:43.602 --> 02:48:45.602
It actually increased my business.

02:48:46.682 --> 02:48:48.682
I know that the security that having multiple

02:48:48.962 --> 02:48:51.642
dispensaries in the neighborhoods
has actually made the neighborhoods safer places.

02:48:53.522 --> 02:48:55.522
In most jurisdictions that I'm in, I've actually had

02:48:55.962 --> 02:48:57.962
neighbors write to our municipalities

02:48:59.242 --> 02:49:01.242
and let them know exactly how much safer we are.

02:49:04.802 --> 02:49:07.722
Let me give you an example.
As far as the dollars in cannabis

02:49:12.430 --> 02:49:14.430
when this last Saturday in Atwater,

02:49:14.403 --> 02:49:17.300
we had our two year reunion.
And in Atwater, I have a triangle.

02:49:18.603 --> 02:49:20.603
There is 20 yard triangle.

02:49:21.163 --> 02:49:23.163
There's three dispensaries within 20 yards and a triangle.

02:49:24.443 --> 02:49:26.443
I had about 750 people show up for our barbecue

02:49:27.483 --> 02:49:29.483
that we did for our Customer Appreciation Day.

02:49:31.443 --> 02:49:33.203
The dispensaries
that were next to me at the end of the day

02:49:33.603 --> 02:49:35.603
actually said they both had their best days ever.

02:49:36.843 --> 02:49:38.403
And once again,
I was scared when they came in and they were scared

02:49:40.483 --> 02:49:42.163
to go against me.
But it all worked out for us in the city of Modesto.

02:49:44.723 --> 02:49:46.723
I'm across the street
from the largest dispensary in the valley, Phenix.

02:49:48.483 --> 02:49:50.483
When they opened, I was scared to death.

02:49:52.363 --> 02:49:54.363
I thought, for sure, we're going out of business.

02:49:54.923 --> 02:49:56.923
Phenix is opening across the street when in fact

02:49:58.163 --> 02:50:00.163
it actually increased our business tenfold.

02:50:01.244 --> 02:50:03.244
It's been an absolutely wonderful thing

02:50:05.164 --> 02:50:07.164
I would also like to say that code enforcement

02:50:08.840 --> 02:50:10.124
and the police department
actually like it in both municipalities

02:50:11.644 --> 02:50:13.644
because when they come to do inspections,

02:50:13.804 --> 02:50:15.804
they're right there they don't have to travel

02:50:17.284 --> 02:50:19.284
ten miles this way, five miles this way.

02:50:19.364 --> 02:50:21.364
Everything is right there.

02:50:22.204 --> 02:50:24.204
Those are basically the things that I would like to discuss

02:50:25.444 --> 02:50:26.884
with you.
I would like to say, please excuse my presence and me

02:50:28.804 --> 02:50:30.604
stuttering tonight.
I was literally on my farm working

02:50:32.840 --> 02:50:34.484
when I heard this was happening to me.
Thank you for your time.

02:50:34.484 --> 02:50:37.404
What I'm going to come down is speak.
So please have a wonderful night and thank you very much.

02:50:39.364 --> 02:50:41.364
Thank you.

02:50:41.644 --> 02:50:43.644
Vito Gray.

02:50:44.884 --> 02:50:46.884
Vito How are you doing?

02:50:56.405 --> 02:50:57.885
How are you doing?
My name is Mario Gray.

02:50:58.445 --> 02:51:00.445
I'm a small business owner and CEO of Vasquez's Barber Shop,

02:51:02.325 --> 02:51:05.450
and I approve of placing cookies,
a knowledgeable business in the parking lot

02:51:06.500 --> 02:51:08.885
to increase foot traffic.
It's not about competition.

02:51:09.365 --> 02:51:11.165
It's about creating
job opportunities consists of business.

02:51:12.325 --> 02:51:14.325
So every business is at its highest performance rate

02:51:14.925 --> 02:51:16.925
and a location of the city's most prime location.

02:51:18.500 --> 02:51:20.685
And that attraction would greatly improve
my business as a barber shop and others around me.

02:51:23.165 --> 02:51:25.165
Businesses keeping the bigger and small businesses

02:51:25.445 --> 02:51:27.445
thriving The parking lot is big enough

02:51:28.450 --> 02:51:30.450
and should be taken advantage of.

02:51:30.850 --> 02:51:32.500
If we improve this,
really create more opportunity of business, jobs and value,

02:51:34.845 --> 02:51:36.605
it would open up
more security jobs and declutter the shelter and ensure

02:51:38.845 --> 02:51:40.845
business safety. Thank you

02:51:44.460 --> 02:51:46.460
to John Chambers.

02:51:47.846 --> 02:51:49.846
John My name is Dejan Chambers.

02:52:04.246 --> 02:52:06.246
I'm born and raised here in Stockton.

02:52:06.326 --> 02:52:09.460
I truly do love my job,
my work family and the stability my job has provided for me.

02:52:11.606 --> 02:52:13.966
And my family.
I love the environment.

02:52:14.286 --> 02:52:17.600
The ownership is accessible.
And if ever I needed anything or my fellow coworkers,

02:52:19.446 --> 02:52:21.926
they would go above and beyond
to make sure that my family is OK.

02:52:23.286 --> 02:52:25.286
I know a few things about Cookie.

02:52:25.446 --> 02:52:27.526
Cookies.
It is truly.
A big brand in cannabis,

02:52:28.126 --> 02:52:30.166
and to be honest,
the brand motto is definitely

02:52:30.647 --> 02:52:33.407
not compatible for the type of clients.
We serve as in

02:52:33.607 --> 02:52:35.607
and will only hurt our cohesive, close knit community.

02:52:37.447 --> 02:52:40.127
I encourage the mayor
and the council
to please look into cookies

02:52:40.567 --> 02:52:42.567
and take a look at what they provide and tell me

02:52:43.247 --> 02:52:44.967
if you think.
This is what our community needs.

02:52:45.967 --> 02:52:48.687
Especially in the environment
where we serve many veterans and senior citizens, et cetera.

02:52:51.527 --> 02:52:54.407
We can do better. Just think about it.
Why would you ever want to have a story associated.

02:52:55.687 --> 02:52:57.687
With something kids and teens love to eat cookies and approve?

02:52:59.287 --> 02:53:01.287
The largest we shop also called cookies.

02:53:02.167 --> 02:53:04.167
Just thinking about the message it sends.

02:53:04.407 --> 02:53:06.407
Thank you.

02:53:07.687 --> 02:53:10.607
Thank you.
I believe we have
one more comment from Miss Olivia Clark on WebEx.

02:53:13.647 --> 02:53:15.647
Well, Olivia, you have the floor

02:53:18.567 --> 02:53:19.967
Thank you.
Good evening. My name is Olivia Clark.

02:53:20.928 --> 02:53:22.928
I ask that the council to deny this appeal for reasons

02:53:24.888 --> 02:53:26.888
already stated by other commenters and opposition,

02:53:28.208 --> 02:53:31.880
as well as because the city has failed
to meet its obligations under Sequoia,

02:53:32.288 --> 02:53:34.288
the California Environmental Quality Act.

02:53:34.648 --> 02:53:36.648
The existing facilities exemption is inapplicable,

02:53:38.328 --> 02:53:40.328
while the project is proposed at an existing building,

02:53:41.848 --> 02:53:43.848
as staff planners and informed decision makers know,

02:53:45.608 --> 02:53:47.608
there are a handful of exceptions to this exemption.

02:53:50.368 --> 02:53:52.208
First,
the city
cannot approve the project

02:53:52.768 --> 02:53:54.768
where there is a reasonable possibility

02:53:55.288 --> 02:53:57.288
that the project will have a significant effect

02:53:57.568 --> 02:53:59.568
on the environment due to unusual circumstances.

02:54:00.568 --> 02:54:02.568
Now, reasonable possibility is a low bar.

02:54:03.928 --> 02:54:05.928
It doesn't have to be certain but it is certain here

02:54:08.368 --> 02:54:10.368
there are unusual circumstances.

02:54:10.769 --> 02:54:12.769
30% of the city's cannabis retailers are literally adjacent

02:54:15.490 --> 02:54:17.490
to each other, and those unusual circumstances

02:54:17.809 --> 02:54:19.809
are going to lead to significant impacts to noise

02:54:21.569 --> 02:54:23.569
safety and public services and transportation and parking.

02:54:25.890 --> 02:54:27.890
These are environmental impacts.

02:54:27.689 --> 02:54:30.689
The parking lot is overcrowded.
Double the number of cannabis retailers

02:54:31.689 --> 02:54:33.689
and all customers to the center will be forced to drive around

02:54:35.129 --> 02:54:37.129
find parking or park further away, jeopardizing their safety.

02:54:38.929 --> 02:54:41.529
Also, the overconcentration
of cannabis customers will be to increase noise.

02:54:43.809 --> 02:54:45.809
There is a reasonable possibility that this project's

02:54:46.969 --> 02:54:48.969
unusual circumstances will lead to significant impacts.

02:54:50.249 --> 02:54:52.249
Second, the city cannot approve the project because the impact

02:54:53.889 --> 02:54:55.889
of successive cannabis projects will cause significant impacts.

02:54:57.769 --> 02:54:59.769
The project is a success project.

02:55:00.490 --> 02:55:02.490
It is identical to the existing cannabis retailer.

02:55:03.810 --> 02:55:05.810
As already mentioned, putting only two cannabis

02:55:06.690 --> 02:55:09.130
retailers next to each other.
Here is overconcentration of a sensitive use

02:55:11.130 --> 02:55:12.730
that will cause
significant impacts to noise, traffic and transportation

02:55:15.410 --> 02:55:17.410
and safety and public services and likely as it tertiary odors.

02:55:20.100 --> 02:55:22.100
Thus, the cumulative impact of successive cannabis retailer

02:55:23.610 --> 02:55:25.650
projects, which
this is will definitely cause significant impacts.

02:55:28.530 --> 02:55:30.970
The city has failed to meet its
obligations under state law and cannot approve this project.

02:55:34.900 --> 02:55:36.900
Also, the city already has pending before it.

02:55:37.170 --> 02:55:39.170
A city council is aware the zoning code changes

02:55:40.490 --> 02:55:43.210
that would require a thousand feet
of spacing between retailers if the project is approved,

02:55:45.570 --> 02:55:47.810
the proponent will not have
a vested right to the project a near hundred feet

02:55:50.571 --> 02:55:52.571
until it commits substantial work in good faith.

02:55:55.510 --> 02:55:57.510
If the proponent and the public and this city

02:55:57.771 --> 02:55:59.771
council already knows the zoning code changes are coming,

02:56:01.510 --> 02:56:03.510
how can any work be in good faith?

02:56:03.491 --> 02:56:05.891
It cannot
It is against planning law for the city

02:56:06.771 --> 02:56:09.611
to approve a project that it knows
it will be impossible to develop.

02:56:11.110 --> 02:56:13.110
For the record, I do not oppose cannabis retailers

02:56:13.931 --> 02:56:15.931
They bring business and revenue to the city and serve

02:56:16.931 --> 02:56:19.651
essential community needs.
However, for the reasons explained,

02:56:20.731 --> 02:56:22.731
I respectfully ask the Council to uphold the Planning

02:56:24.171 --> 02:56:26.171
Commission's decision and informed findings.

02:56:27.171 --> 02:56:29.171
See this project by sequence.

02:56:29.211 --> 02:56:31.211
Thank you for your time. Thank you.

02:56:32.891 --> 02:56:34.891
We have one additional written comment and I misspoke.

02:56:35.731 --> 02:56:37.731
We have a speaker after that

02:56:38.251 --> 02:56:40.251
from Randall Real Boudoir.

02:56:41.920 --> 02:56:43.920
My name is Brando, Bill
Poodle and I have the honor of serving our community

02:56:45.520 --> 02:56:48.120
on the Stockton Planning Commission.
The purpose of my comment is to put context

02:56:49.452 --> 02:56:52.252
for my reasoning in making the decision
to deny the proposed cannabis retail storefront

02:56:53.852 --> 02:56:55.852
next to the already existing cannabis retail storefront.

02:56:57.892 --> 02:57:00.732
I believe my comments have been distorted
and misrepresented throughout our community

02:57:01.532 --> 02:57:03.532
and within the applicant's appeal comments.

02:57:03.772 --> 02:57:05.812
It is indeed a fact
that my family and I are born and raised in

02:57:06.692 --> 02:57:09.652
Stockton and are very active as leaders
and representatives in our community.

02:57:10.892 --> 02:57:12.892
As a father of a young son, he too will represent the finest

02:57:14.252 --> 02:57:16.812
Stockton has to offer.
I looked at the youth of this proposed youth

02:57:17.652 --> 02:57:19.652
within the scope of the land use decision making authority

02:57:20.772 --> 02:57:22.932
that the charter
of the city of Stockton gives the Planning Commission,

02:57:24.212 --> 02:57:26.212
and I simply did not see the public necessity, nor did

02:57:26.852 --> 02:57:29.732
I believe it was compatible or appropriate
for the shopping center

02:57:29.732 --> 02:57:31.732
that already had a large cannabis retail operation.

02:57:32.853 --> 02:57:35.653
That also required a planning commission
youth permit to be placed next to another.

02:57:37.253 --> 02:57:39.253
I felt that it would have caused an oversaturation.

02:57:40.533 --> 02:57:42.533
I did not see how the storefront would enhance the vibrancy

02:57:43.373 --> 02:57:45.373
of the shopping center, that there were all

02:57:46.413 --> 02:57:48.413
so many unanswered questions and holes

02:57:48.813 --> 02:57:50.813
in the presentation by staff and the applicant.

02:57:51.613 --> 02:57:53.613
For example, this project was presented

02:57:53.693 --> 02:57:55.693
as an equity application when the entire time

02:57:56.130 --> 02:57:58.130
the applicant was a general pool winner.

02:57:58.653 --> 02:58:00.653
The staff report recommending approval partly

02:58:00.813 --> 02:58:02.813
based on a community meeting that did not take place yet.

02:58:03.853 --> 02:58:05.853
It appeared a variance should have been requested

02:58:07.130 --> 02:58:09.130
to up to a sensitive use.

02:58:09.613 --> 02:58:11.613
But the Commission was led to believe that the project met

02:58:12.930 --> 02:58:14.930
all the separation requirements and the list goes on.

02:58:15.653 --> 02:58:17.653
Four out of six commissioners present agreed,

02:58:18.130 --> 02:58:20.494
and our decision was made.
So I can assure you

02:58:20.494 --> 02:58:22.494
that all politics played zero role in our decision making.

02:58:24.574 --> 02:58:27.574
It would have been nice to have the support
of the Planning Department going into this meeting.

02:58:29.294 --> 02:58:31.294
But this goes to show you, Mr Mayor and Council members,

02:58:32.174 --> 02:58:34.174
the level of support this Commission has from city staff.

02:58:35.294 --> 02:58:38.540
Thank you.
I believe we have one final

02:58:38.374 --> 02:58:40.374
speaker from Miss Ray in

02:58:45.934 --> 02:58:47.214
Okay.
If I move this. Sorry.

02:58:48.334 --> 02:58:51.940
Just a little shorter than usual.
Good evening, guys.

02:58:51.940 --> 02:58:53.940
Thanks for letting me speak.

02:58:53.134 --> 02:58:55.134
I am an employee as. Well as.

02:58:55.854 --> 02:58:57.854
A patient at Zen Garden Wellness.

02:58:57.894 --> 02:58:59.894
And I'm here to say that at Zen Garden, we are a.

02:59:00.254 --> 02:59:02.894
Community based business, and we care.
For our patients of all races, ages and backgrounds.

02:59:05.734 --> 02:59:07.734
As a dispensary, we have built our a relationship

02:59:08.494 --> 02:59:11.455
with all the patients that we have.
I am continuously getting told that we have the best customer

02:59:14.150 --> 02:59:15.695
service in town.
And people drive to us, they walk to us, they cart to.

02:59:17.895 --> 02:59:19.895
Us on their automobiles.

02:59:20.135 --> 02:59:22.535
So I just. Want to say that we.
Have made connections with everyone.

02:59:24.895 --> 02:59:26.895
All of my patients I know by names and cookies is.

02:59:27.535 --> 02:59:30.175
A large corporate business that will thrive.
In any area you put them in.

02:59:30.935 --> 02:59:32.695
And by allowing.
Them to operate within feet of us will.

02:59:33.975 --> 02:59:36.735
Only negative impact our business
by taking away the patients we have made relationships.

02:59:38.575 --> 02:59:40.495
With, as well as.
Driving away the patients who come. To see us.

02:59:43.150 --> 02:59:45.150
And to preface on the comments made earlier about the abuse,

02:59:46.175 --> 02:59:48.175
the addiction abuse treatment, I do have to say

02:59:49.535 --> 02:59:51.535
I have a father who suffers from alcohol addiction.

02:59:52.215 --> 02:59:54.215
And for the staff to say that. That center down the.

02:59:54.495 --> 02:59:56.495
Street is not classified as a treatment facility is.

02:59:58.175 --> 03:00:00.175
Disingenuous and complete malarkey.

03:00:00.256 --> 03:00:02.736
And anybody that knows.
What addiction is knows

03:00:03.216 --> 03:00:06.160
the importance of those facilities
for the addicts themselves and for.

03:00:07.176 --> 03:00:09.496
The family members.
Thank you for letting me speak. And.

03:00:10.616 --> 03:00:12.616
I hope you uphold. The Planning Commission's. Decision.

03:00:13.160 --> 03:00:15.160
Have a great evening.

03:00:15.616 --> 03:00:17.616
That concludes their public comment.

03:00:18.960 --> 03:00:19.896
Thank you.
At this time, we open up council comments.

03:00:20.736 --> 03:00:22.736
Council member warmly.

03:00:25.176 --> 03:00:26.776
Thank you, Mayor.
I have several questions for staff at this time.

03:00:30.256 --> 03:00:32.256
My first question is in respect to

03:00:35.576 --> 03:00:38.536
the Valley silver
sober living facility that

03:00:41.416 --> 03:00:43.416
the city deemed as not a treatment facility.

03:00:45.576 --> 03:00:47.576
I just want to make it

03:00:47.816 --> 03:00:49.816
clear and to be transparent,

03:00:50.617 --> 03:00:52.617
did you only solely look at the website or has staff

03:00:54.977 --> 03:00:56.977
made contact with the facility to distinguish

03:00:59.857 --> 03:01:01.857
the merit and the validity of this

03:01:04.857 --> 03:01:06.857
sober living facility?

03:01:09.217 --> 03:01:11.937
Staff utilize the publicly available
information from Valley Sober Living, which is published

03:01:14.537 --> 03:01:16.217
on their website.
We also consulted with our legal department

03:01:17.857 --> 03:01:19.857
based off of legal definitions at the state level.

03:01:21.137 --> 03:01:23.137
We looked up licensed facilities through the state

03:01:24.217 --> 03:01:27.177
as well to confirm whether or not
they are licensed facility

03:01:27.337 --> 03:01:29.337
and they are not listed on the state site as well.

03:01:30.537 --> 03:01:32.537
We did not contact Valley Sober Living directly

03:01:33.617 --> 03:01:36.617
because the information available on their website
was adequate for determination

03:01:37.377 --> 03:01:39.377
of whether or not it fell under that definition.

03:01:40.218 --> 03:01:42.218
Okay. And is that the same for legal counsel?

03:01:43.458 --> 03:01:45.938
Correct.
Okay.
And then my next question is in the staff report,

03:01:49.658 --> 03:01:51.658
it says a minimum 300 feet separation is required

03:01:53.418 --> 03:01:55.418
from any residential zone which is taken McLean Matt.

03:01:58.498 --> 03:02:01.418
Can you define a little more
what you mean by technically, Matt.

03:02:03.498 --> 03:02:05.498
It means that it's Matt. OK.

03:02:05.578 --> 03:02:08.298
Because when I hear technically
it didn't sell me that it would.

03:02:09.338 --> 03:02:11.778
In accordance with the code.
OK. OK.

03:02:12.378 --> 03:02:14.378
And then my next question is,

03:02:15.818 --> 03:02:17.818
is it true that there are five dispensaries on Hammersley

03:02:20.978 --> 03:02:22.978
Wescott, which constitutes 30% of the

03:02:25.658 --> 03:02:27.658
entire pool of cannabis

03:02:28.378 --> 03:02:30.378
dispensaries within the city.

03:02:36.979 --> 03:02:38.979
There are not five on Hamelin.

03:02:39.590 --> 03:02:41.590
There are one

03:02:46.579 --> 03:02:47.979
Excuse me.
I'm looking at my list. OK.

03:02:50.699 --> 03:02:53.139
Actually, I have it on the PowerPoint.
It'd be easier that way.

03:02:56.139 --> 03:02:58.619
The proposed project
and the neighboring retailer are both on Pacific.

03:03:02.819 --> 03:03:05.539
There are
two on Lane one approved, which is not open,

03:03:08.339 --> 03:03:10.339
one that is open

03:03:13.579 --> 03:03:16.299
There is one on West Lane, which is near
Hammer Lane, but technically the address is West Lane.

03:03:18.659 --> 03:03:20.659
So people often refer to that one as being on a hammer

03:03:22.660 --> 03:03:24.660
by the Walgreen's and Costco.

03:03:24.900 --> 03:03:27.820
That is Hammer in West Side.
Yes. So there is five.

03:03:30.180 --> 03:03:32.180
And then my next question is,

03:03:32.220 --> 03:03:34.220
can you clarify about the

03:03:37.460 --> 03:03:39.460
the lottery and this applicant?

03:03:39.580 --> 03:03:41.580
And how did this applicant?

03:03:41.740 --> 03:03:43.740
Because initially it appears

03:03:45.140 --> 03:03:47.140
during the planning commission that he that the applicant

03:03:49.140 --> 03:03:51.140
was not an equity applicant, but then it became he became one.

03:03:52.900 --> 03:03:55.540
So can you clarify
how that distinguished distinctions was made?

03:03:58.220 --> 03:04:00.220
Sure thing. He's always been an equity applicant.

03:04:00.380 --> 03:04:02.380
There was a typo stating that he was picked

03:04:02.940 --> 03:04:05.340
in from the general pool.
But what that means was

03:04:06.540 --> 03:04:08.540
the way we pick lottery is that there's a general pool

03:04:09.260 --> 03:04:11.600
and an equity pool
but equity applicants have a chance in each pool.

03:04:13.301 --> 03:04:15.461
So you could technically have
two equity applicants, one in the same year

03:04:16.981 --> 03:04:18.901
because all the equity
applicant names get dumped in the general pool bucket.

03:04:20.221 --> 03:04:22.501
As well.
So it is an equity applicant and it was select.

03:04:24.301 --> 03:04:26.301
He was selected from the equity pool.

03:04:26.581 --> 03:04:28.581
It was a typo in the staff report when we listed General.

03:04:29.701 --> 03:04:31.701
OK, And then my next question is, can you explain

03:04:37.461 --> 03:04:39.461
the lifetime
permit eligibility for this permit

03:04:42.701 --> 03:04:44.701
and how it will be impacted with a lease space

03:04:46.861 --> 03:04:48.861
because then the permit stays with the building permits.

03:04:52.621 --> 03:04:54.621
So use permit does run with the land.

03:04:54.941 --> 03:04:56.941
So that would allow this business owner to sell

03:04:57.821 --> 03:04:59.901
in the future.
You can

03:05:01.582 --> 03:05:03.582
I forget the word, but you can give up a

03:05:03.862 --> 03:05:06.822
you can give up a use permit
and that is allowed in the code where it could be.

03:05:09.182 --> 03:05:11.582
What's the term surrendered.
Thank you. I use permit can be surrendered.

03:05:13.142 --> 03:05:15.142
OK. That's all I have all the questions I have.

03:05:17.422 --> 03:05:19.422
Thank you, Councilmember Canova.

03:05:19.782 --> 03:05:21.782
Thank you.
I also had ex-party communications

03:05:23.102 --> 03:05:25.102
with both of the clients

03:05:25.342 --> 03:05:27.342
This one, this one's a slippery slope,

03:05:28.542 --> 03:05:30.542
partially because I wanted to stop this

03:05:31.382 --> 03:05:33.382
process with the city attorney and we wouldn't be here today

03:05:35.142 --> 03:05:37.142
had we did that.

03:05:37.462 --> 03:05:39.542
Apparently, among
your recommendation of not doing that, we're in this boat here.

03:05:42.662 --> 03:05:44.662
So we we've got both sides.

03:05:46.302 --> 03:05:48.302
I mean, as far as a land use issue, this is in my district.

03:05:50.343 --> 03:05:52.343
So I will say that the social.

03:05:53.143 --> 03:05:55.143
And I'll let you speak to that in a second, please.

03:05:57.630 --> 03:05:59.630
The social equity issue is what I have a problem with.

03:05:59.943 --> 03:06:01.943
OK, this is supposed to be a mom and pop

03:06:04.983 --> 03:06:06.983
that is given the chance to better themselves.

03:06:08.943 --> 03:06:10.943
OK, so I Googled cookies,

03:06:12.583 --> 03:06:14.583
which is kind of glorifying like somebody

03:06:14.943 --> 03:06:16.943
said, we're having problems with the vaping industry.

03:06:17.263 --> 03:06:19.823
Well, now
this is like one of the folks that spoke said that

03:06:22.303 --> 03:06:24.303
that is kind of hiding behind this glorification of marijuana,

03:06:26.223 --> 03:06:28.783
which is still federally illegal,
which obviously will change with time.

03:06:30.103 --> 03:06:32.103
So we've had problems with our code

03:06:32.583 --> 03:06:34.583
because I was around when it was first approved.

03:06:35.383 --> 03:06:37.383
Then I came back and then we changed it

03:06:37.423 --> 03:06:39.543
and then that was bad.
And it's like, OK, we need to modify this again.

03:06:41.544 --> 03:06:43.544
So there's all these different variables and I've

03:06:45.184 --> 03:06:47.184
written them down here.

03:06:47.704 --> 03:06:49.704
Is the site currently a UCP site?

03:06:52.184 --> 03:06:54.184
My understanding is that it's vacant.

03:06:54.624 --> 03:06:56.624
I was recently told about the UCP site.

03:06:56.704 --> 03:06:59.240
I don't know if that was rented
like temporarily in the interim,

03:07:00.640 --> 03:07:02.640
but all the information I have is that it's vacant. OK.

03:07:03.264 --> 03:07:04.824
OK, perfect.
So then if you could kind of explain

03:07:05.584 --> 03:07:07.584
to where we kind of wanted to halt this,

03:07:07.824 --> 03:07:09.824
and I don't know if this one was in the.

03:07:10.784 --> 03:07:12.784
The suggestion at the time among. Yes.

03:07:13.624 --> 03:07:15.864
Before you continue.
Can you, for the record, clarify what a UCP site is?

03:07:18.624 --> 03:07:20.624
United Cerebral Palsy is in, and I'll go to that

03:07:21.264 --> 03:07:23.264
to the shopping center and some other beliefs.

03:07:23.704 --> 03:07:25.784
I've just got some statements.
I've got some questions. So if you. Thank you.

03:07:26.944 --> 03:07:29.584
You could allow the attorney. Right.
The the suggestion among many that was provided

03:07:33.465 --> 03:07:35.465
was to deal with a situation where you obviously

03:07:37.385 --> 03:07:39.385
are considering some pretty big changes to the code.

03:07:41.250 --> 03:07:43.250
But in the meantime, you have people in the pipeline

03:07:43.385 --> 03:07:45.385
who've applied under the old standard,

03:07:45.505 --> 03:07:47.505
which today is the current standard still.

03:07:49.425 --> 03:07:51.425
And you know what?

03:07:51.545 --> 03:07:53.985
You can do then
if you have somebody halfway through the process

03:07:54.785 --> 03:07:57.385
and then
you change
all the rules on them,
that can create a tremendous amount of uncertainty.

03:07:59.650 --> 03:08:01.650
And it isn't a particularly efficient way to do business

03:08:01.705 --> 03:08:03.705
and can create real unfairness and potential

03:08:04.745 --> 03:08:06.745
claims of discrimination or claims of some other sorts

03:08:07.625 --> 03:08:09.625
of of of inappropriate activity.

03:08:10.825 --> 03:08:12.825
And so what you want to do is

03:08:13.505 --> 03:08:15.505
when a person applies, the standards are clear.

03:08:16.385 --> 03:08:18.385
Today you're sitting hearing this particular item.

03:08:20.586 --> 03:08:22.586
The rules that apply are the rules that are on the books.

03:08:24.466 --> 03:08:26.466
What you may consider later, what separation requirements

03:08:28.386 --> 03:08:30.386
you may decide to implement are completely irrelevant.

03:08:32.906 --> 03:08:34.906
Not only are they irrelevant, to consider them

03:08:35.706 --> 03:08:37.706
would be changing the rules in the middle of the stream.

03:08:38.666 --> 03:08:41.146
And that's what's called arbitrary
and capricious decision making.

03:08:41.586 --> 03:08:44.226
Because you're not applying your own rules.
You're pulling rules out of the air

03:08:46.106 --> 03:08:48.106
and not getting anybody a chance to to address them.

03:08:49.260 --> 03:08:51.260
So at some point in time when you do change the law,

03:08:52.746 --> 03:08:54.746
if you do so, those applicants then applying

03:08:56.586 --> 03:08:59.146
will have to comply with those new standards.
But today, you can't even consider them

03:09:01.146 --> 03:09:03.946
because they're absolutely not
the rules of the game that you've approved to date.

03:09:06.306 --> 03:09:09.146
And and so the sensitive use issue.
So why is this not sensitive use?

03:09:11.107 --> 03:09:13.107
Well, we determined there wasn't a treatment center.

03:09:13.667 --> 03:09:16.307
I mean, what they what they provide
isn't isn't any kind of what you would consider

03:09:18.147 --> 03:09:20.147
a licensed treatment facility or any other

03:09:20.867 --> 03:09:23.387
any other professional treatment.
It just seems to be something a lot more soft.

03:09:24.907 --> 03:09:26.907
So so then what is the a

03:09:27.187 --> 03:09:30.107
the line is right at the property line
with Alcoholics Anonymous on Rivara.

03:09:33.270 --> 03:09:35.270
That's how did so how did Zen get in?

03:09:36.270 --> 03:09:38.270
And then this one has to look at this.

03:09:38.467 --> 03:09:40.467
So why is why is that line written right there?

03:09:41.427 --> 03:09:43.507
And then how do you
how do you project it off the corner of the building

03:09:44.987 --> 03:09:46.987
when it's going to be occupying the other side of the building?

03:09:48.867 --> 03:09:50.867
So you have a yellow can you bring that slide

03:09:52.270 --> 03:09:54.270
up, please?

03:09:56.467 --> 03:09:58.467
Is that final corner lot

03:09:59.667 --> 03:10:01.667
off of Pacific? Yeah, right there.

03:10:01.948 --> 03:10:03.948
What's that

03:10:05.828 --> 03:10:07.948
I'd have to pull it up.
I'm not aware of what.

03:10:08.348 --> 03:10:10.348
The why is that line stop right on that property line.

03:10:11.280 --> 03:10:13.280
Oh, no. This is distinguishing the 600 foot buffer.

03:10:13.828 --> 03:10:16.628
So in guess.
What corner though.

03:10:16.788 --> 03:10:19.548
Off of the outside of this property line.
So it goes 600 feet in all directions

03:10:20.548 --> 03:10:23.428
and that's why it has that funny shape
because it's following the outline of the parcel.

03:10:25.280 --> 03:10:27.308
That's why it looks likely.
To that property line.

03:10:27.668 --> 03:10:29.468
Yes sir.
OK, so I mean that comes into play, right?

03:10:30.868 --> 03:10:32.868
If it were on the yellow box if in a way.

03:10:34.588 --> 03:10:36.588
If it touches that property line, all of these parcels were

03:10:39.280 --> 03:10:40.668
included in the
analysis, like if it touches it, it gets included in the.

03:10:43.748 --> 03:10:45.748
So alcoholics and drug addicts don't go to AA.

03:10:48.748 --> 03:10:50.748
So that's not a treatment facility.

03:10:51.189 --> 03:10:53.189
So that it's not something that.

03:10:53.909 --> 03:10:56.589
All right, OK, perfect.
So the the whole access thing and I get it.

03:10:58.869 --> 03:11:00.869
So these are both in my district.

03:11:01.589 --> 03:11:03.589
There's a new business there that's Bubblicious

03:11:03.989 --> 03:11:06.429
and I've been there.
And the other concern that I have is the landlord

03:11:09.589 --> 03:11:11.589
of the Office of the property is it hasn't been run well.

03:11:14.989 --> 03:11:16.989
And to blame it on COVID, I don't think is

03:11:17.429 --> 03:11:19.389
is a good enough excuse.
So I'm just we can't go into that, obviously.

03:11:21.290 --> 03:11:23.290
But as the as a business owner and I mean, that's part of it

03:11:24.389 --> 03:11:26.389
when when they went for this permit, I mean, why

03:11:28.189 --> 03:11:30.189
you would decide to put it right next to

03:11:31.349 --> 03:11:33.349
another business is absolutely beyond me because

03:11:35.189 --> 03:11:37.189
and and I know Zach driven

03:11:37.709 --> 03:11:39.709
my family's down Zach and I know the owners of Zen.

03:11:40.830 --> 03:11:42.670
I mean,
and you're putting it, like you said, the David and Goliath.

03:11:45.300 --> 03:11:47.300
But as far as just learning how to use a problem,

03:11:50.670 --> 03:11:53.630
how do you do that?
I mean, so.
If I might comment on something about this

03:11:54.310 --> 03:11:56.630
and I think it's really important
that you talked about it in that way.

03:11:57.830 --> 03:11:59.470
There's case
law from the city of Davis from a number of years ago

03:12:02.310 --> 03:12:04.310
and forgive me, but this issue is exactly the same

03:12:06.590 --> 03:12:08.790
they were proposing
and it actually enacted sort of an anti national brand

03:12:12.700 --> 03:12:14.700
zoning requirement so that it was the anti Starbucks bill.

03:12:15.750 --> 03:12:17.270
That's what it was.
And they didn't want Starbucks in Davis.

03:12:18.300 --> 03:12:20.750
They wanted their local coffee shop
and they didn't want undue competition.

03:12:21.870 --> 03:12:23.870
Well, that's not really appropriate metaphor.

03:12:24.300 --> 03:12:26.870
It's not appropriate at all.
Under a zoning context.

03:12:27.300 --> 03:12:29.300
Zoning looks at uses without names on them,

03:12:30.391 --> 03:12:32.391
uses have characteristics that are associated

03:12:34.791 --> 03:12:36.791
with a broad class of businesses in a retail, commercial,

03:12:38.671 --> 03:12:40.671
industrial office or residential setting.

03:12:42.191 --> 03:12:44.191
You can't distinguish between McDonald's and Burger King

03:12:45.231 --> 03:12:47.631
in setting up your criteria
for whether you're going to allow fast food restaurant.

03:12:50.471 --> 03:12:52.631
You can't say Yes, McDonald's,
no Burger King, you can't do that.

03:12:53.191 --> 03:12:55.191
So then how do we do the big box ordinance?

03:12:55.271 --> 03:12:57.271
That's completely different because it's based on criteria

03:12:58.871 --> 03:13:00.871
based upon size size of the facility,

03:13:02.391 --> 03:13:04.391
whether it's a super Target, Walmart, Super K, Costco,

03:13:06.271 --> 03:13:08.511
all apply the same rules.
So those are two big active rules.

03:13:10.310 --> 03:13:12.310
OK, like square footage, spacing, distance

03:13:13.511 --> 03:13:15.511
from sensitive uses, parking, all completely objective.

03:13:16.951 --> 03:13:18.951
So considering the brand name here,

03:13:20.672 --> 03:13:22.672
while it may have some emotional effect

03:13:24.632 --> 03:13:27.392
legally, it's completely irrelevant
and cannot support one of your findings.

03:13:28.592 --> 03:13:31.720
So you can't put that in your findings.
As being anything legally relevant.

03:13:31.712 --> 03:13:33.912
So under your code.
They want an Arco instead of a Chevron or vice versa.

03:13:35.712 --> 03:13:38.592
Same, same.
Exactly the same.
And so it's, it's, you know, like I said,

03:13:39.272 --> 03:13:41.272
while it has a certain emotional sting,

03:13:42.272 --> 03:13:43.752
it has
no legal substance in terms of being able

03:13:45.992 --> 03:13:47.992
to support your findings one way or the other for or against.

03:13:50.720 --> 03:13:51.592
Right.
So then the final one is if I mean,

03:13:53.672 --> 03:13:55.672
because the benefits of this obviously that they've offered,

03:13:57.472 --> 03:13:59.472
you know, is beneficial to the city and to nonprofits.

03:14:00.752 --> 03:14:03.472
I mean, as far as bundling
all of that together, it does look like a benefit.

03:14:04.952 --> 03:14:06.792
The problem with that
is that shopping centers owned by three different people

03:14:08.872 --> 03:14:10.632
so there's a
truck parking on the front because the guy obviously sublet

03:14:13.513 --> 03:14:15.913
it. So we have that.
We have obviously the people that own Xen on that,

03:14:17.833 --> 03:14:19.833
the US Postal Service opens that owns that part.

03:14:21.193 --> 03:14:23.633
So you have three different people
that own

03:14:23.633 --> 03:14:25.633
the shopping center, which, you know, poses a difficulty also.

03:14:27.473 --> 03:14:29.473
So I mean, as an elected, I get what everybody says

03:14:30.873 --> 03:14:33.873
and I obviously woke up in the middle of last night,
last night and couldn't sleep.

03:14:34.273 --> 03:14:36.193
So I get it
and I get it from the importance,

03:14:36.873 --> 03:14:38.873
but I get it from a leader saying, Hey,

03:14:39.330 --> 03:14:41.330
there's an error in this, you know what I mean?

03:14:41.473 --> 03:14:44.153
And that's what I brought it up then.
And I don't feel comfortable right now making a decision.

03:14:46.313 --> 03:14:49.273
Is there any way that we can send this back
to let them pick another location?

03:14:50.473 --> 03:14:52.473
And because, you know, I mean, this is.

03:14:52.833 --> 03:14:54.833
You have you have two choices.

03:14:55.393 --> 03:14:57.393
You can either grant the appeal or deny it.

03:14:58.953 --> 03:15:00.953
I mean, there is a third stipulation.

03:15:01.354 --> 03:15:03.754
There's where that.
Well, that isn't before you

03:15:05.674 --> 03:15:07.674
what's before you is the item de novo.

03:15:07.714 --> 03:15:09.714
Essentially, you can choose to approve a de novo.

03:15:09.754 --> 03:15:11.754
And that's why there really is a third option

03:15:12.740 --> 03:15:15.740
that the applicant has presented to you,
which is to apply additional conditions.

03:15:16.594 --> 03:15:19.354
And they've you know, they would be
the ones that could
properly object to that and they've consented to them.

03:15:22.514 --> 03:15:24.514
So that would be your third option would be to go ahead

03:15:24.634 --> 03:15:26.634
and take them up on whatever additional conditions

03:15:27.994 --> 03:15:30.514
that they want or condition.
Couldn't it be finding a different location

03:15:31.634 --> 03:15:33.594
if they're willing to do it?
That's the essence of a use permit.

03:15:34.114 --> 03:15:36.114
So that is not an appropriate condition.

03:15:36.354 --> 03:15:38.354
You can't you can't approve a use permit,

03:15:39.340 --> 03:15:41.914
but put it at another site because you actually have to
do a whole analysis for that site

03:15:43.274 --> 03:15:46.154
are your code doesn't allow you to do that
because the essence of a use permit

03:15:46.834 --> 03:15:48.834
is the location because it runs with land

03:15:50.875 --> 03:15:52.875
so that's that's the absolute essence of it is it is a bundle.

03:15:53.715 --> 03:15:55.715
It is a stick in the bundle of property rights.

03:15:55.995 --> 03:15:57.995
You can't move it to another site OK.

03:16:01.715 --> 03:16:03.715
Thank you.

03:16:03.835 --> 03:16:05.835
Vice Mayor Fogarty.

03:16:06.475 --> 03:16:08.475
Thank you, Mayor

03:16:08.755 --> 03:16:10.755
I agree with Councilmember Kahn upon several things.

03:16:13.715 --> 03:16:15.715
You know, this isn't new.

03:16:16.750 --> 03:16:18.750
I've been bringing this up actually since

03:16:19.475 --> 03:16:21.475
we had another city manager here.

03:16:22.750 --> 03:16:24.750
It was the conversation I had repeatedly

03:16:25.875 --> 03:16:28.395
when we had a different mayor here.
I brought it up, brought it up to ledge.

03:16:30.755 --> 03:16:32.755
There has been an inherent issue with this

03:16:33.635 --> 03:16:35.715
almost since day one.
We just didn't know it. Day one coming out of

03:16:38.595 --> 03:16:40.595
the most recent measure that was passed

03:16:41.760 --> 03:16:43.436
because I was chair of planning
commission when we did it in 2010.

03:16:44.676 --> 03:16:46.676
And when we did it in 2010

03:16:47.356 --> 03:16:49.356
and submitted it then to the council,

03:16:51.360 --> 03:16:53.360
we had said two dispensaries maximum

03:16:53.996 --> 03:16:55.996
per district

03:16:57.316 --> 03:16:59.316
but only three total period

03:17:02.360 --> 03:17:04.360
were applications

03:17:05.196 --> 03:17:07.196
that we received and I mean we wanted to take baby steps.

03:17:10.876 --> 03:17:12.876
And then here we ended up with this lottery system

03:17:14.676 --> 03:17:16.676
that kind of exploded and here in Stockton, giving

03:17:19.356 --> 03:17:21.356
people lots of opportunity to get into the cannabis

03:17:23.956 --> 03:17:25.956
related businesses

03:17:29.360 --> 03:17:30.316
you know,
when I go through everything I've had

03:17:31.757 --> 03:17:33.757
because in the last year, this is the third appeal

03:17:33.997 --> 03:17:35.837
we've had.
And I'm not saying calendar year, but in the last 12 months,

03:17:38.517 --> 03:17:40.517
actually less than 12 months, nine, ten and a half.

03:17:42.357 --> 03:17:44.357
This is the third one that we've received

03:17:46.717 --> 03:17:48.717
and what I find interesting is, you know,

03:17:49.757 --> 03:17:51.757
way back when I was on Planning Commission, they would give us

03:17:54.157 --> 03:17:56.157
a findings for

03:17:56.357 --> 03:17:58.357
approval and potential findings for denial.

03:18:00.277 --> 03:18:02.277
And that the city attorney that worked with us back

03:18:03.237 --> 03:18:05.757
then, Guy Petzold, he
he would have them just kind of their off to the side

03:18:08.370 --> 03:18:10.370
just in case he heard a conversation

03:18:10.317 --> 03:18:13.370
starting to go that way.
When I watched this meeting, it was almost painful to see

03:18:17.677 --> 03:18:19.677
planning commissioners, which are lay people,

03:18:20.398 --> 03:18:22.398
try to come up with findings, try to articulate their words

03:18:24.838 --> 03:18:26.838
into findings that would then allow for the denial.

03:18:29.518 --> 03:18:31.518
And they did come up with findings.

03:18:31.598 --> 03:18:33.598
I mean, I highlighted the findings that they came up.

03:18:33.958 --> 03:18:35.958
They came up with legitimate findings for denial.

03:18:36.958 --> 03:18:39.678
That was a to vote.
And the planning commissioner

03:18:39.918 --> 03:18:41.918
that wasn't there because he had surgery.

03:18:42.958 --> 03:18:44.958
He said he he's like, I would have voted to deny as well.

03:18:47.158 --> 03:18:49.158
So it would have been 52. But that's another conversation.

03:18:49.998 --> 03:18:51.998
But I know that it's it's very difficult.

03:18:54.838 --> 03:18:56.598
What I find
interesting is when I pulled up the three prior

03:18:58.678 --> 03:19:00.678
or the three of these, they're pretty uniform.

03:19:02.278 --> 03:19:04.278
You know, we have everything starts off

03:19:04.758 --> 03:19:06.758
with the recommendation, the summary.

03:19:07.838 --> 03:19:09.838
You know, it goes to

03:19:10.559 --> 03:19:12.559
a planning commission action, which gives a little narrative.

03:19:14.119 --> 03:19:16.839
But what I found different in this
and I don't know if anybody picked it up,

03:19:17.879 --> 03:19:20.719
but it has applicant appeal.
And I printed out the applicant appeals from the last three,

03:19:22.959 --> 03:19:25.679
which usually have a narrative in there.
As to why they're appealing it.

03:19:26.879 --> 03:19:28.879
But we usually have a standard two sentence

03:19:31.639 --> 03:19:33.639
reply in our in our staff report.

03:19:36.119 --> 03:19:38.119
However, this last staff report

03:19:38.799 --> 03:19:40.799
was three paragraphs which we haven't had before.

03:19:43.879 --> 03:19:45.879
It's usually on such and such date.

03:19:46.679 --> 03:19:48.679
The applicant filed an appeal of the Planning

03:19:48.959 --> 03:19:50.959
Commission decision for various reasons,

03:19:52.839 --> 03:19:54.839
and the city council may uphold the action or deny.

03:19:56.759 --> 03:19:58.759
This one goes on to say The applicant alleges

03:20:01.520 --> 03:20:03.520
and then goes into this narrative of their opinion

03:20:04.840 --> 03:20:06.840
as to why it was then on the second page

03:20:07.840 --> 03:20:09.840
were not based in fact, but instead on testimony.

03:20:11.480 --> 03:20:13.480
I mean, it goes on and I'm like

03:20:13.960 --> 03:20:15.960
I could have read this.

03:20:16.160 --> 03:20:18.160
I was just really surprised that it was in the staff report.

03:20:21.720 --> 03:20:24.720
I didn't think it was appropriate.
I'm just saying I did

03:20:24.720 --> 03:20:26.720
not think it was appropriate for their narrative,

03:20:28.680 --> 03:20:30.680
their opinion to go into our staff report

03:20:35.400 --> 03:20:37.400
will determine what the facts are,

03:20:37.720 --> 03:20:39.720
will determine what the

03:20:42.120 --> 03:20:44.440
you know, instead
what what is relative for this city.

03:20:46.960 --> 03:20:48.960
And speaking on that, we as elected officials,

03:20:50.801 --> 03:20:52.801
we have to make decisions that are in the best interests

03:20:54.761 --> 03:20:56.761
of our constituents, of the people that live in the city.

03:20:59.521 --> 03:21:02.481
And the question was what message
do you want to send to your citizens?

03:21:04.121 --> 03:21:06.121
That was what came up from somebody

03:21:06.241 --> 03:21:08.801
who doesn't live here who said that.
And I said my thought was that we have common sense

03:21:13.161 --> 03:21:15.161
and that we

03:21:17.521 --> 03:21:19.521
we have a job to do here.

03:21:20.161 --> 03:21:22.161
And for me, knowing, too,

03:21:22.761 --> 03:21:24.761
that this runs with the land in perpetuity,

03:21:25.641 --> 03:21:27.641
unless they surrender it or there's a revocation,

03:21:28.881 --> 03:21:30.881
we know this because, well, we're in a lawsuit right now.

03:21:32.681 --> 03:21:34.281
Well,
we were in a lawsuit right now about something similar to this.

03:21:36.721 --> 03:21:38.721
We know it runs with the land and it does in perpetuity.

03:21:41.882 --> 03:21:43.882
Until otherwise determined

03:21:44.762 --> 03:21:46.762
by those two factors.

03:21:47.882 --> 03:21:49.882
And when they talking about business, the one business

03:21:50.602 --> 03:21:53.162
I was thinking of, yes, there's gas
stations, let's say, on Four Corners.

03:21:54.242 --> 03:21:56.242
But I was trying to think where we had drug stores on

03:21:57.562 --> 03:21:59.562
Four Corners or drug stores next to one another.

03:22:01.562 --> 03:22:03.562
I'm trying to think where there's a Walgreens, a CVS

03:22:04.802 --> 03:22:06.682
and a Rite Aid.
Usually they're further apart.

03:22:09.242 --> 03:22:11.242
I don't know why but think in your head.

03:22:13.162 --> 03:22:15.420
Drug stores.
Well, marijuana, cannabis is a drug.

03:22:17.162 --> 03:22:19.162
They're not right next to each other.

03:22:19.642 --> 03:22:21.642
And there were per the staff

03:22:22.420 --> 03:22:24.420
report, 58 written and ten.

03:22:25.442 --> 03:22:27.442
Verbal.

03:22:28.402 --> 03:22:30.402
Responses where this said it was in the report.

03:22:32.283 --> 03:22:34.283
Oh, there was basically only one a single business owner

03:22:36.963 --> 03:22:38.963
and their constituent and so I don't get that, but I

03:22:41.883 --> 03:22:43.883
quite frankly am supporting our planning commissioners

03:22:44.763 --> 03:22:47.683
because if this is what we're doing,
if we're going to do this, which of course

03:22:48.763 --> 03:22:51.403
we have the appeal process,
but if we're going to have everybody appeal

03:22:53.403 --> 03:22:55.403
every decision, well then it might as well just come to us

03:22:56.883 --> 03:22:59.563
or we just don't do it anymore.
We just do a ban.

03:23:00.300 --> 03:23:01.963
We're not doing any more.
We're not doing the lottery anymore.

03:23:02.683 --> 03:23:05.683
We're not taking any more storefronts
until we get this figured out.

03:23:06.483 --> 03:23:08.963
And it's done right.
And we know what the impact is going to have

03:23:11.283 --> 03:23:13.283
if we open up all of these that you provided us with

03:23:15.643 --> 03:23:17.643
the potential 24 cannabis businesses

03:23:19.923 --> 03:23:21.923
in the city of Stockton to we know what that looks like.

03:23:23.324 --> 03:23:25.324
Maybe we put it on pause until such time

03:23:27.564 --> 03:23:29.564
and that's where I'm at.

03:23:31.884 --> 03:23:33.884
Councilmember Lenz.

03:23:35.284 --> 03:23:37.284
So when I heard tonight sorry, what I heard tonight

03:23:40.204 --> 03:23:42.204
is, you know, they're following our requirements.

03:23:43.804 --> 03:23:46.444
They're following our rules.
We're not oversaturated in our city

03:23:47.844 --> 03:23:49.844
compared to other cities.

03:23:52.840 --> 03:23:54.840
They're making concessions, their security.

03:23:55.804 --> 03:23:57.804
They've got every business in that center

03:23:57.844 --> 03:23:59.844
that's supportive of this opening.

03:24:00.284 --> 03:24:02.284
And it's the the Zen

03:24:04.884 --> 03:24:06.884
that's there is highly supported by their customers.

03:24:07.924 --> 03:24:10.724
So it doesn't sound like
we're not happy with

03:24:10.805 --> 03:24:12.805
then we're all going to move to the new place.

03:24:13.485 --> 03:24:15.485
I mean, normally, if you're

03:24:16.205 --> 03:24:18.205
happy with where you are, where you're doing business

03:24:19.500 --> 03:24:21.500
and a new place opens

03:24:21.245 --> 03:24:23.245
you won't move to the new place, then,

03:24:23.805 --> 03:24:26.685
you know, maybe the new place will get
other customers, but you're not going to move.

03:24:27.845 --> 03:24:29.845
So I don't see I agreed with that many people that said,

03:24:32.965 --> 03:24:35.850
I love Zen.
I'm, you know, and we give great customer service.

03:24:37.500 --> 03:24:39.500
I mean, there is there's competition everywhere.

03:24:40.325 --> 03:24:42.325
I mean, I get CPA firms right next door to me.

03:24:43.925 --> 03:24:46.885
You know, they can go right upstairs.
I mean, they can go get their taxes done upstairs.

03:24:48.485 --> 03:24:50.485
I mean, it's I just don't feel like that's

03:24:52.405 --> 03:24:54.405
I don't think we're oversaturated in this city.

03:24:54.725 --> 03:24:56.725
And I think the statistics show that as a city of our size,

03:24:59.165 --> 03:25:01.165
we are not over saturated.

03:25:01.566 --> 03:25:03.566
I'm not going to go to a cannabis place probably.

03:25:04.806 --> 03:25:07.606
I mean, maybe I would if I have an illness
that I felt needed that.

03:25:07.886 --> 03:25:09.886
But I feel like we have rules.

03:25:10.486 --> 03:25:12.486
We and these people are following them

03:25:13.460 --> 03:25:16.600
and they're applying for these licenses.
And I just don't feel comfortable, like, well, let's

03:25:17.166 --> 03:25:19.726
put this all on pause for people
that spend all this time and money and people

03:25:22.860 --> 03:25:24.860
that have locations that they want to go to.

03:25:25.926 --> 03:25:27.846
And we're like, no.
And they are going to bring in 24 hour service security.

03:25:30.726 --> 03:25:32.726
I mean, I just, you know, I'm not comfortable.

03:25:35.846 --> 03:25:38.606
Like, let's put a pause on all this.
I mean, I don't

03:25:38.606 --> 03:25:40.606
and our staff is supporting and they're following the rules.

03:25:43.526 --> 03:25:45.526
It's just the PD approves of it.

03:25:46.166 --> 03:25:48.166
So it's just

03:25:48.846 --> 03:25:50.846
I'm not comfortable, like just saying, let's pause,

03:25:51.967 --> 03:25:54.447
let's start all over,
you know,
because we're not

03:25:54.447 --> 03:25:56.447
if we had hundreds in this town and said, we've got to get

03:25:57.567 --> 03:25:59.567
every street corner, we need to stop,

03:26:00.247 --> 03:26:02.247
I just don't feel we're at that point in this city.

03:26:02.967 --> 03:26:04.967
So that's where I

03:26:07.727 --> 03:26:09.287
thank you.
Councilmember Joe Burke.

03:26:12.487 --> 03:26:14.487
Get some fresh air here and we're on that a little bit.

03:26:15.167 --> 03:26:17.167
So I'm going to be honest, like

03:26:18.367 --> 03:26:20.367
I'm a little bit torn on this one, too.

03:26:20.927 --> 03:26:22.927
As somebody who sat on the planning commission

03:26:24.167 --> 03:26:26.167
and was around for the second iteration

03:26:27.700 --> 03:26:29.700
of the big policy that we we then looked at

03:26:31.700 --> 03:26:33.487
and remember early on that
we had set back requirements between business businesses

03:26:35.887 --> 03:26:37.887
in the in the policy that we approved.

03:26:38.700 --> 03:26:40.700
And when the council approved

03:26:41.248 --> 03:26:43.248
and also somebody who's very familiar with Mr.

03:26:44.248 --> 03:26:46.808
Travis, as he's only been
the only contact, I had actually found out tonight

03:26:47.968 --> 03:26:49.968
that one of the owners is a constituent of mine would love

03:26:51.448 --> 03:26:53.648
I would love to have met her
in the last five years because my only contact

03:26:55.368 --> 03:26:57.368
from the application process to my

03:26:58.608 --> 03:27:00.608
to when I had a site visit and was walking

03:27:00.688 --> 03:27:03.408
around the entire facility
plus my multiple times eating at CAPS Pizza,

03:27:07.448 --> 03:27:09.448
going to Pop's Breakfast Diner you all my life

03:27:11.368 --> 03:27:13.368
and now recently more clubs and not to mention visiting

03:27:14.928 --> 03:27:16.928
that shopping center two to three to four times a week

03:27:17.568 --> 03:27:19.568
because I am a loyal customer of Ed Smart,

03:27:21.808 --> 03:27:23.808
even though I have a warm Walmart right around the corner,

03:27:24.608 --> 03:27:26.608
I'm happy to give my business to the Smart

03:27:28.800 --> 03:27:30.800
and I have nothing but good things to say about Corey or Mr.

03:27:31.889 --> 03:27:33.889
Travis. He's very friendly.

03:27:34.809 --> 03:27:36.809
He's done exactly everything he said he was going to

03:27:36.969 --> 03:27:38.969
do in that shopping center.

03:27:39.409 --> 03:27:41.929
I, I am
grateful for, for him in his leadership in, in that

03:27:44.969 --> 03:27:46.969
shopping center because I think he's had a positive effect.

03:27:48.490 --> 03:27:50.490
I literally see it daily when I drive by

03:27:51.689 --> 03:27:53.689
and multiple times when I go into the shopping center. But

03:27:55.769 --> 03:27:57.769
here's my caveat with this, and this is where I'm struggling

03:27:59.689 --> 03:28:01.689
unfortunately, some at some point, the set back

03:28:02.729 --> 03:28:05.529
requirement changed.
And we have those rules

03:28:06.889 --> 03:28:08.889
that we have to then apply, unfortunately.

03:28:10.890 --> 03:28:12.890
And if I'm not mistaken, those three that have came

03:28:13.329 --> 03:28:15.329
before us in the last year,

03:28:16.369 --> 03:28:18.369
all of them, if not a majority of them,

03:28:18.489 --> 03:28:20.489
had variances that we had to

03:28:22.650 --> 03:28:24.650
approve in order to approve the the permit.

03:28:26.900 --> 03:28:28.450
Is that correct?
This one doesn't have any.

03:28:29.500 --> 03:28:31.810
This is the first one without a location.
Some without a variance request, which is a big deal,

03:28:35.900 --> 03:28:37.900
because if it's a variance, it's easy.

03:28:37.530 --> 03:28:39.530
No. See by Felicia, we're done.

03:28:40.410 --> 03:28:42.690
That's not the case here.
Like this is something that they like.

03:28:44.500 --> 03:28:46.370
Mr. Hang said
they followed all the rules they did everything they could.

03:28:48.170 --> 03:28:50.330
And man, does it suck?
Because if there was a set back requirement, like I said

03:28:52.690 --> 03:28:54.690
by Felicia, it's a no, it's an easy vote for me.

03:28:56.130 --> 03:28:58.130
But the problem is, is we don't have that.

03:28:58.290 --> 03:29:00.290
We have a set of rules that this council, with the exception

03:29:01.690 --> 03:29:03.690
of the mayor and Councilmember Walmsley, the other four of us,

03:29:06.900 --> 03:29:08.900
unfortunately, were part of that decision making process

03:29:09.530 --> 03:29:11.530
to implement a zero setback.

03:29:11.931 --> 03:29:13.931
How that slipped through, I have no idea.

03:29:14.851 --> 03:29:16.851
I remember it
like us getting caught up in a conversation about equity

03:29:18.571 --> 03:29:20.571
and having a lot of questions about the equity program,

03:29:21.910 --> 03:29:23.910
because I've always been of the belief that I I'm hoping Mr.

03:29:24.931 --> 03:29:26.931
Heng sticks around and he gets to be a true equity partner.

03:29:27.811 --> 03:29:30.611
Because I'll tell you my belief of cookies,
one of the saddest things I can see

03:29:31.691 --> 03:29:33.851
is driving around
or looking on Facebook posts, and all I see are kids

03:29:35.611 --> 03:29:38.171
or cookies, hoodies.
That is deplorable.

03:29:39.331 --> 03:29:41.891
I don't like that business model.
The fact that like that even happens,

03:29:42.491 --> 03:29:43.691
I know
they're not selling to children,

03:29:44.891 --> 03:29:46.891
but the fact that I see kids in that and that parents

03:29:47.131 --> 03:29:50.910
would then go and utilize that business
and then buy buy those products and let their children

03:29:52.171 --> 03:29:54.931
wear those and they wear them at school, I'm sure.
Councilman Reisner, Fugazi sees that at her school.

03:29:57.291 --> 03:29:59.291
I've seen it on and on on our city website

03:30:01.452 --> 03:30:03.452
as far as they're showing pictures of kids

03:30:03.572 --> 03:30:05.572
who may have been victimized in the are witnesses on the news

03:30:06.920 --> 03:30:08.920
and there and there's kids wearing this product.

03:30:08.252 --> 03:30:10.892
It's sad. It's deplorable.
I don't approve of that.

03:30:11.412 --> 03:30:13.692
But that's not what we're here for.
That's not what I felt was the planning commissioner's role.

03:30:15.332 --> 03:30:17.332
I think at the end of the day,

03:30:17.572 --> 03:30:19.572
we set some rules up that we're trying to mitigate.

03:30:21.212 --> 03:30:23.212
And we are going to and I feel I'm not mistaken,

03:30:23.652 --> 03:30:25.692
we told the city attorney
that next year we will not have a pool.

03:30:28.920 --> 03:30:30.920
We will not have another

03:30:31.532 --> 03:30:33.532
equity pool or an open pool.

03:30:33.692 --> 03:30:35.892
Is that correct?
I said I thought we had said that we were going to figure out

03:30:38.292 --> 03:30:40.292
the new policy before we went through another cycle.

03:30:41.372 --> 03:30:43.372
Is that.

03:30:43.452 --> 03:30:46.212
Now? My memory is that
we let the existing pool

03:30:48.920 --> 03:30:50.920
expire or go through and then there will not be

03:30:51.333 --> 03:30:54.293
there wouldn't. Be another draw.
Next would not be
if staff would not bring another pool process forward

03:30:57.213 --> 03:30:59.653
until we had a chance to. Yeah.
And that's how I feel that we mitigated this mishap

03:31:02.373 --> 03:31:04.533
on our behalf.
And unfortunately, as much as I like and Mr.

03:31:09.130 --> 03:31:11.453
Travis and Zen Garden,
well, I think that they're doing amazing things there.

03:31:13.773 --> 03:31:16.530
I think we're kind of stuck
between a rock and a hard place and the right thing to do.

03:31:17.373 --> 03:31:19.373
The right message to send to the community

03:31:20.333 --> 03:31:22.333
is that if you follow the rules and you do everything right

03:31:23.973 --> 03:31:25.973
and the city sets a set of those rules up

03:31:26.130 --> 03:31:28.130
and you don't ask for a variance,

03:31:28.413 --> 03:31:30.813
that we're going to support you.
And if that means we have to change the policy afterwards,

03:31:32.413 --> 03:31:34.173
that's what we do.
But in the meantime, we do what we we voted on.

03:31:36.133 --> 03:31:38.133
And we unfortunately, we support a business

03:31:40.930 --> 03:31:42.334
when they follow the rules.
So that's my $0.02. I'll be

03:31:44.974 --> 03:31:47.414
begrudgingly supporting it.
And that's specifically because I can't

03:31:49.654 --> 03:31:51.654
figure out a reason to deny them that wouldn't just cause this

03:31:52.654 --> 03:31:54.654
to come back to us and cause more heartache

03:31:58.894 --> 03:32:01.174
thank you.
So with regard to the rules in the code,

03:32:03.734 --> 03:32:05.734
I need a little bit more clarity

03:32:07.134 --> 03:32:09.134
regarding that

03:32:10.814 --> 03:32:12.814
this has to do with the sensitive use

03:32:13.894 --> 03:32:15.894
the alcohol recovery treatment facility, drug abuse.

03:32:18.140 --> 03:32:20.140
So what lysis is required

03:32:20.974 --> 03:32:22.974
to be defined as one of those facilities

03:32:25.214 --> 03:32:27.214
treatment or recovery facility.

03:32:29.940 --> 03:32:31.975
According to the California Department of Health
Care Services,

03:32:32.550 --> 03:32:34.550
or it's a residential facility or certified alcohol

03:32:35.255 --> 03:32:37.935
and drug program.
And so they have a license it's they have a licensing process

03:32:40.375 --> 03:32:43.175
where they have to get vetted.
There needs to be a medical representative on site.

03:32:45.695 --> 03:32:47.695
There's certain support services that need to be there

03:32:48.775 --> 03:32:50.775
there's a essentially a a framework they have to follow

03:32:52.550 --> 03:32:54.550
to be qualified as a certified

03:32:55.175 --> 03:32:57.175
residential facility or or alcohol or drug program.

03:32:58.150 --> 03:33:00.150
So our definition is consistent with what the state defines

03:33:02.415 --> 03:33:05.415
it as.
And the subject site
that's in question does not meet those parameters.

03:33:10.455 --> 03:33:12.855
So it says in our code, it
says alcohol use recovery slash treatment facility.

03:33:15.935 --> 03:33:17.935
So a recovery and a treatment

03:33:18.550 --> 03:33:20.550
facility are two totally separate facilities.

03:33:21.936 --> 03:33:23.776
Yes, they can.
So how what's what's the distinction

03:33:25.136 --> 03:33:27.136
between the two from a licensing standpoint?

03:33:28.936 --> 03:33:30.936
I don't have the state

03:33:31.160 --> 03:33:33.176
definitions in front of me
to make that distinction between the two.

03:33:34.656 --> 03:33:36.656
I just have the research to show how that subject site

03:33:37.656 --> 03:33:40.560
does not fall under either
because they're not providing recovery or treatment services.

03:33:43.296 --> 03:33:45.296
It's a co living facility.

03:33:45.336 --> 03:33:47.336
It's a number of residents that are recovering

03:33:48.576 --> 03:33:50.576
from alcohol or

03:33:51.696 --> 03:33:53.696
says valley sober living and drug abuse.

03:33:54.256 --> 03:33:56.416
And they're just living together
to kind of have that cooperative supportive environment.

03:33:59.176 --> 03:34:01.656
Mayor, if I could.
So it's it's so it's a so you just said it's a recovery

03:34:06.256 --> 03:34:08.960
facility, right?
Well, no, it's according to the definition. It's

03:34:09.560 --> 03:34:11.560
not it's a co living facility per valley, sober living.

03:34:13.137 --> 03:34:15.537
They don't offer alcoholism
or drug abuse, recovery or treatment services.

03:34:17.570 --> 03:34:19.570
They don't provide therapy, treatment or formal counseling.

03:34:20.657 --> 03:34:23.577
It's literally a house where they stay.
And that's what we're going to tell you.

03:34:24.970 --> 03:34:26.970
So I'm not done yet. So.

03:34:26.257 --> 03:34:28.257
Um, it's a house.

03:34:29.417 --> 03:34:31.137
Yes. And they are.
I manage them.

03:34:32.177 --> 03:34:34.217
They're a house.
But this is I'm not done yet.

03:34:35.297 --> 03:34:36.737
This is.
Let me, let me finish asking my questions.

03:34:38.897 --> 03:34:40.577
And then
if you press a button, you can you can ask them more questions.

03:34:43.497 --> 03:34:45.497
So this particular facility

03:34:48.537 --> 03:34:50.537
is looking at their website is they're certified.

03:34:53.617 --> 03:34:55.617
They're they're certified for facility

03:34:56.497 --> 03:34:58.497
they have they have three different accreditations.

03:35:00.818 --> 03:35:02.818
I'm not familiar with any other accreditations.

03:35:03.258 --> 03:35:05.258
I just looked at state licensing

03:35:06.258 --> 03:35:09.258
if they're affiliated with organizations,
that's not something we would confirm.

03:35:12.980 --> 03:35:14.858
So we would need we still need to contract.
We would need to confirm that.

03:35:15.580 --> 03:35:17.580
No, I mean, it's not something that we would need to confirm.

03:35:17.978 --> 03:35:19.978
It's it's not part of the review process.

03:35:20.938 --> 03:35:23.178
It's not something we would need to vet
if they're part of an association, for example,

03:35:26.980 --> 03:35:29.180
unless it's some sort of state agency
that's a required like licensing process,

03:35:31.180 --> 03:35:33.180
which they are not under that category.

03:35:34.980 --> 03:35:36.980
They're not a licensed drug treatment or recovery facility

03:35:38.338 --> 03:35:40.298
per the state.
So our code specifies that it needs to be a licensed drug code

03:35:44.458 --> 03:35:47.180
for treatment facility.
Our Code States drug abuse, alco

03:35:50.819 --> 03:35:52.419
establishments
providing assistance and aid to those requiring counseling

03:35:54.419 --> 03:35:56.419
or treatment for psychological problems,

03:35:58.499 --> 03:36:00.179
addictions.
And then it spells out other things,

03:36:01.259 --> 03:36:03.259
and then it talks about assistance, counseling,

03:36:03.859 --> 03:36:06.219
medical treatment, for those persons
dependent upon alcohol or drugs. OK.

03:36:12.779 --> 03:36:14.779
And they don't provide any of those services.

03:36:14.899 --> 03:36:17.339
It's they just live there.
These folks are recovering and they live there.

03:36:18.899 --> 03:36:21.590
So they're not receiving.
They're just it's a sober living house.

03:36:21.779 --> 03:36:23.779
They're just they're living there together.

03:36:23.819 --> 03:36:25.819
They're not receiving any type of recovery treatment.

03:36:27.139 --> 03:36:29.139
Yes, sir. According to all the information we have.

03:36:29.259 --> 03:36:32.590
Yes, that's all they. Are.
It doesn't seem to be consistent with the website, but

03:36:33.939 --> 03:36:35.939
you can go back and revisit that and the testimonials

03:36:37.419 --> 03:36:39.419
that are listed in the website from the people who actually

03:36:41.580 --> 03:36:43.580
stayed at at that facility.

03:36:44.860 --> 03:36:46.860
The information I have is verbatim from their website

03:36:47.620 --> 03:36:49.620
it literally says does not offer

03:36:49.940 --> 03:36:51.940
alcoholism or drug abuse, recovery treatment services.

03:36:53.940 --> 03:36:55.940
This is verbatim from their website.

03:36:58.500 --> 03:37:00.500
OK, thank you.

03:37:01.540 --> 03:37:03.540
Casimir Walmsley.

03:37:04.540 --> 03:37:07.300
Thank you, Mayor.
The the biggest problem I have with that, Stephanie,

03:37:09.740 --> 03:37:11.740
and being someone who is a licensed clinical therapist,

03:37:13.700 --> 03:37:15.700
the biggest concern that I have of that

03:37:16.220 --> 03:37:18.700
is that we're not even aware of
these people are going out like outpatient

03:37:21.820 --> 03:37:23.820
or intensive

03:37:25.500 --> 03:37:27.500
inpatient services, outpatient and going into the home.

03:37:29.180 --> 03:37:31.180
So I'm really concerned about

03:37:32.210 --> 03:37:34.210
the fact that we could possibly not be adhering to

03:37:35.661 --> 03:37:37.661
the integrity of this treatment facilities treatment.

03:37:40.581 --> 03:37:42.581
And I really would have felt more comfortable

03:37:43.141 --> 03:37:45.141
if staff sort of took the time to actually reach out

03:37:46.181 --> 03:37:48.701
to this facility
to kind of investigate a little more

03:37:49.621 --> 03:37:51.621
because are these people that while they may have like a room

03:37:54.301 --> 03:37:56.301
and board type placement, it does not necessarily

03:38:01.101 --> 03:38:03.541
admit that they
are receiving some type of like contractual services or not.

03:38:07.301 --> 03:38:09.301
So I'm really a little disappointed that that wasn't

03:38:11.221 --> 03:38:13.221
really validated and you know, and that could have been

03:38:14.581 --> 03:38:16.981
a simple call
to the facility to distinguish that that probably wouldn't

03:38:19.421 --> 03:38:21.421
even have but taken maybe ten

03:38:21.902 --> 03:38:23.902
or 15 seconds

03:38:24.902 --> 03:38:27.422
and then lastly,
one thing that I have

03:38:29.702 --> 03:38:31.702
really questioned when I look at projects

03:38:32.102 --> 03:38:34.102
in the city as a former planning commissioner

03:38:35.582 --> 03:38:37.582
and just like, you know, driving around the city, I think about

03:38:39.582 --> 03:38:41.582
what were planning, what was the planning

03:38:42.662 --> 03:38:44.662
commissioners in the city thinking.

03:38:45.620 --> 03:38:47.620
Like when you drive down Charter away and you see eight

03:38:49.220 --> 03:38:51.220
liquor stores that are there forever,

03:38:52.662 --> 03:38:54.662
because use permits go along with the building,

03:38:56.702 --> 03:38:58.702
that changes the whole trajectory of the neighborhood.

03:39:01.502 --> 03:39:03.502
The residents the children, the youth. And

03:39:06.622 --> 03:39:08.262
while we're
you know, when you're looking at applicants,

03:39:10.263 --> 03:39:12.263
one of the findings that you're looking for is whether or not

03:39:15.743 --> 03:39:17.743
the license will be compatible

03:39:18.903 --> 03:39:20.903
with the existing and future land is on the site.

03:39:24.663 --> 03:39:26.663
So with that being said,

03:39:27.263 --> 03:39:29.263
two cannabis facilities

03:39:31.303 --> 03:39:33.303
side by side with a permit that

03:39:35.623 --> 03:39:37.623
can basically be forever.

03:39:37.663 --> 03:39:39.663
How is this going to redefine that whole parking

03:39:42.343 --> 03:39:44.343
that whole plaza

03:39:45.903 --> 03:39:47.903
and you know, as a decision maker,

03:39:49.663 --> 03:39:51.663
I always think about I always personally think about

03:39:54.630 --> 03:39:56.630
what will that define me as an elected official.

03:39:58.230 --> 03:40:00.230
And so I'm really concerned

03:40:01.144 --> 03:40:03.144
that whilst I was walking this applicant

03:40:04.744 --> 03:40:06.744
through this process because it's not this is not

03:40:08.640 --> 03:40:10.640
anything indirectly negative about the applicant,

03:40:11.904 --> 03:40:13.904
but I'm just really lost when thinking about

03:40:17.784 --> 03:40:20.240
all these different areas.
In Stockton,

03:40:20.864 --> 03:40:22.864
we choose to put two

03:40:23.344 --> 03:40:25.344
cannabis dispensaries together side by side

03:40:28.240 --> 03:40:30.240
and what is the longevity

03:40:30.544 --> 03:40:32.544
of this project going to how is this going

03:40:34.184 --> 03:40:36.184
to redefine our city?

03:40:38.864 --> 03:40:40.984
And I really just,
you know, I'm struggling with that

03:40:43.104 --> 03:40:45.104
because I'm you know, I'm looking at the findings

03:40:46.144 --> 03:40:48.944
at the planning commission made.
And that was probably that was pretty much

03:40:50.425 --> 03:40:52.425
the one that really resonated with me the most.

03:40:53.825 --> 03:40:55.825
And that's just my general comment.

03:40:58.545 --> 03:41:00.545
Thank you, Vice Mayor Fugazi. Yes.

03:41:02.225 --> 03:41:04.225
I just want to clarify, when I said pause, I was talking about

03:41:07.345 --> 03:41:10.650
future,
which Councilmember Joe Beck brought up.

03:41:11.945 --> 03:41:13.945
And yes, there are cookies, shirts, sweatshirts,

03:41:15.545 --> 03:41:17.545
hats, backpacks all over our campus.

03:41:19.705 --> 03:41:21.705
And we're continually making them turn them on inside out

03:41:23.465 --> 03:41:25.465
or we're giving them a shirt to wear or a parent has to bring

03:41:26.985 --> 03:41:29.265
something to school.
They all think it is the most amazing thing.

03:41:33.185 --> 03:41:35.185
And I don't know, some of them actually might know

03:41:36.650 --> 03:41:38.650
which it makes it even worse because we're talking about 14

03:41:40.225 --> 03:41:42.225
year olds, 15 year olds glorifying

03:41:44.660 --> 03:41:46.660
this product.

03:41:46.706 --> 03:41:48.706
And then I had a question for the city attorney.

03:41:50.866 --> 03:41:52.866
So we have this decision.

03:41:53.906 --> 03:41:55.906
You said we have three options

03:41:57.786 --> 03:41:59.786
but it's not mandatory to approve.

03:42:03.106 --> 03:42:05.106
No, it's it's a discretionary decision, correct?

03:42:06.426 --> 03:42:08.426
It is it is discretionary within the bounds

03:42:10.266 --> 03:42:12.266
of the criteria set forth in the city code. Yes.

03:42:13.386 --> 03:42:15.386
It is not discretionary in the sense of grabbing

03:42:16.426 --> 03:42:19.186
anything you want out of there.
No, I get that, which is why we have findings

03:42:21.346 --> 03:42:23.346
that were provided, which Councilwoman Wamsley

03:42:24.906 --> 03:42:26.906
mentioned finding six but there's finding five.

03:42:28.626 --> 03:42:30.626
There's finding for three to one.

03:42:30.747 --> 03:42:32.747
You can deny you deny the appeal and uphold the Planning

03:42:33.427 --> 03:42:35.267
Commission's decision.
And those would be, in essence, your findings going forward.

03:42:37.987 --> 03:42:39.947
Right.
Because if you
read through them,

03:42:40.187 --> 03:42:43.147
it says would endanger,
jeopardize or otherwise constitute a hazard

03:42:44.147 --> 03:42:46.147
to the public convenience, health interest, public

03:42:46.867 --> 03:42:48.867
safety, peace, general welfare of persons residing

03:42:50.107 --> 03:42:52.107
or working in the neighborhood of the proposed use,

03:42:53.227 --> 03:42:55.307
it says, would
not maintain or strengthen the integrity and character

03:42:56.827 --> 03:42:59.147
of the neighborhood and zoning district.
I mean, so there are you would.

03:42:59.227 --> 03:43:02.107
Have to make sure that as you have
you as you've looked at the record that's before you,

03:43:04.147 --> 03:43:06.747
those findings are words.
There has to be evidence behind them

03:43:07.867 --> 03:43:09.987
that, you know, you can do otherwise.
You know,

03:43:09.987 --> 03:43:11.867
your example
of preparing findings for the planning

03:43:12.427 --> 03:43:14.427
commission, for instance, for approval in denial.

03:43:14.907 --> 03:43:16.907
The reason why I never did
that was because if you're planning commission

03:43:18.187 --> 03:43:20.187
may have a hundred reasons that are totally valid.

03:43:20.308 --> 03:43:22.668
I don't know what they're going to be.
So I would make you,

03:43:23.908 --> 03:43:25.908
you know, bring those out and then tell me to draft them

03:43:26.908 --> 03:43:28.908
and then come back and draft you
what was actually what you did, not just.

03:43:30.868 --> 03:43:32.868
Yes, no, yes, no, yes, no,

03:43:33.188 --> 03:43:35.348
because that's not a valid finding.
A valid finding has to be based on some

03:43:35.628 --> 03:43:38.228
sort of facts in the record.
And so you should look before you

03:43:39.708 --> 03:43:41.708
before making any decision.

03:43:42.268 --> 03:43:44.268
What have you heard,

03:43:44.988 --> 03:43:46.988
if it's is it is it just emotional testimony?

03:43:47.308 --> 03:43:49.308
Is there some substance to it? Is there some logic to it?

03:43:49.428 --> 03:43:51.428
Or is there some is somebody qualified?

03:43:52.708 --> 03:43:54.708
If somebody gives an opinion, is that person qualified

03:43:54.948 --> 03:43:56.588
to give it opinion?
That was the reason why your economist this evening

03:43:58.108 --> 03:44:00.108
gave us a short CV, why your business owners gave

03:44:03.280 --> 03:44:05.280
or here's my history in business, here's what I

03:44:06.428 --> 03:44:08.428
those give you the ability to judge their credibility

03:44:09.308 --> 03:44:11.308
and you can accept those or not.

03:44:11.549 --> 03:44:13.549
But as long as you're satisfied, there's evidence in the record

03:44:13.949 --> 03:44:15.949
to support your findings you absolutely can make them.

03:44:16.549 --> 03:44:18.549
And so the individuals that spoke before us

03:44:19.669 --> 03:44:21.669
this evening, they were speaking from their perspective.

03:44:23.309 --> 03:44:25.309
We all have a different view a different vantage point.

03:44:26.909 --> 03:44:28.909
So if you went through everything we were provided

03:44:30.149 --> 03:44:32.149
for in our agenda

03:44:33.149 --> 03:44:35.469
and came to
a potential determination based upon the presentation

03:44:38.589 --> 03:44:40.589
that we've gotten and what we received,

03:44:40.829 --> 03:44:42.829
if we were part of the watching the Planning Commission

03:44:43.989 --> 03:44:45.909
meeting, going back
and watching the meeting that they had there.

03:44:48.869 --> 03:44:50.869
But again,

03:44:51.309 --> 03:44:53.309
our it's it's our decision.

03:44:53.789 --> 03:44:56.549
It is. And that's that's. Why.
That's why you do this in a hearing,

03:44:57.789 --> 03:44:59.789
because you're it's this is what we call a quasi

03:45:00.310 --> 03:45:02.310
judicial process, not exactly a judicial process,

03:45:04.430 --> 03:45:06.430
but it it acts like one in a sense that there is

03:45:08.310 --> 03:45:10.310
a hearing body neutral decision makers, which is yourselves.

03:45:12.910 --> 03:45:14.910
There are laws that you apply

03:45:15.630 --> 03:45:17.630
and there are facts that you either believe

03:45:18.510 --> 03:45:20.510
don't believe there's credibility of witnesses

03:45:21.270 --> 03:45:23.270
and you consider all of those things go into you deciding

03:45:25.700 --> 03:45:27.700
how to apply the law before you to the decision before you.

03:45:29.470 --> 03:45:31.470
And then you make that decision.

03:45:31.670 --> 03:45:33.670
And your findings are the the analytical roadmap

03:45:35.710 --> 03:45:37.710
between what you heard the law and your decision. OK.

03:45:40.990 --> 03:45:42.990
Thank you.

03:45:44.630 --> 03:45:46.830
Councilmember Joe Burke.
Waited my turn, Mayor.

03:45:47.190 --> 03:45:49.190
So what I was trying to do and I apologize

03:45:49.310 --> 03:45:52.310
for trying to inject,
but the reason I could tell staff

03:45:53.231 --> 03:45:55.231
didn't have as much knowledge of what Valley's sober living is

03:45:57.791 --> 03:45:59.791
and what I had a little bit more

03:46:00.911 --> 03:46:02.911
because when I was working in a property management company,

03:46:03.831 --> 03:46:06.431
they were one of our clients.
They had several properties in the community.

03:46:07.871 --> 03:46:09.871
And I encourage you, if I ask a question on staff

03:46:10.751 --> 03:46:13.751
and you know the answer, any of you guys know
the answer
please interrupt me and tell me because

03:46:13.991 --> 03:46:15.991
I don't want to go down a rabbit hole if I

03:46:16.111 --> 03:46:18.111
if I'm going down a rabbit hole and it's mis misinformation.

03:46:19.911 --> 03:46:21.911
So please, I encourage anybody interrupt me.

03:46:22.911 --> 03:46:25.671
Tell me how you solved the wrong thing.
I'm happy to go, oh, my back, step back and then reassess it.

03:46:28.231 --> 03:46:30.231
But value sober living, if I'm not mistaken,

03:46:31.911 --> 03:46:33.911
a few years ago, five years ago, I think I saw on the Planning

03:46:34.951 --> 03:46:36.951
Commission, we approved it as per the state.

03:46:39.631 --> 03:46:42.192
Or these users could go pretty much
into any zoning in the community.

03:46:43.192 --> 03:46:45.192
So literally spans West Lincoln Village, West Western Ranch,

03:46:47.632 --> 03:46:50.312
Valley Sober Link can rent a house
in your community or in your neighborhood

03:46:51.952 --> 03:46:53.952
and have a valid sober living facility there.

03:46:54.912 --> 03:46:56.912
All they're doing is providing housing.

03:46:57.232 --> 03:46:59.232
Councilmember Walmsley is absolutely correct.

03:46:59.512 --> 03:47:01.512
Most of those folks are getting services.

03:47:02.432 --> 03:47:04.432
However, the services that they're getting

03:47:04.952 --> 03:47:06.952
are usually not provided at those facilities.

03:47:07.432 --> 03:47:10.152
They usually have to go to a facility
providing these services.

03:47:10.912 --> 03:47:12.912
So that in my understanding, and I could be wrong, but valid

03:47:14.872 --> 03:47:16.872
sober living is providing the housing

03:47:17.432 --> 03:47:19.432
and what we're as a rule that we're

03:47:19.752 --> 03:47:22.512
supposed to be following and whether they meet
that metrics or not is we can't consider

03:47:24.512 --> 03:47:26.512
whether services are going to the facility.

03:47:27.512 --> 03:47:29.712
What we can consider is
whether the facility is providing, said services.

03:47:31.913 --> 03:47:34.273
Is that correct?
And valid subletting does not provide these services.

03:47:36.393 --> 03:47:38.393
This this issue was huge about ten years ago.

03:47:39.993 --> 03:47:42.193
The city of Riverside was
involved in a tremendous amount of litigation.

03:47:43.553 --> 03:47:45.553
And forcing this exact issue is there was this change

03:47:46.753 --> 03:47:48.753
in business model from what they called halfway houses

03:47:50.793 --> 03:47:52.793
which where people would come off of parole

03:47:52.873 --> 03:47:54.873
or people would come out of some sort of drug court

03:47:55.273 --> 03:47:57.273
and they would go into, quote, halfway houses. Right.

03:47:58.153 --> 03:48:00.153
And we started regulating those kind of things,

03:48:00.593 --> 03:48:03.593
especially the licensed ones.
And all of a sudden, they came up

03:48:04.513 --> 03:48:06.513
with a new business model, which is a slow, sober living home.

03:48:07.713 --> 03:48:10.513
And honestly, the how they get around
all of this is by saying all we provide is housing

03:48:12.953 --> 03:48:14.953
and you can have it.

03:48:15.193 --> 03:48:17.193
I mean, you may have five drug addicts living next to you

03:48:17.633 --> 03:48:19.633
just because it's a family of drug addicts.

03:48:19.713 --> 03:48:22.394
There's no difference.
So the point is, is that's the point is

03:48:23.794 --> 03:48:25.794
there are residential who lives there is not our concern.

03:48:27.114 --> 03:48:29.354
We can't inquire.
It's a residential. Use.

03:48:30.634 --> 03:48:32.634
We look at the youth, not the people.

03:48:32.794 --> 03:48:34.754
In Valley Valley.
Sober living could lose the ability to get.

03:48:35.314 --> 03:48:38.274
Around all the zoning regulations.
And they could lose that lease tomorrow.

03:48:39.194 --> 03:48:41.194
And it goes back to being a single family rez.

03:48:41.874 --> 03:48:44.474
So they don't
and they most likely don't own do they own that facility?

03:48:46.114 --> 03:48:48.114
That's an easy check. Yes, they do.

03:48:48.314 --> 03:48:50.434
They own it.
So it's a mixed bag they own and rent in this community. So I

03:48:56.740 --> 03:48:57.714
I'm still going to
go back to it's a set of rules.

03:49:00.834 --> 03:49:03.474
When the valley sober, how long's
that place been around that facility?

03:49:08.354 --> 03:49:10.394
I did this research.
My memory's telling me 15, 16.

03:49:12.750 --> 03:49:14.750
But I'd have to pull up the I didn't bring it,

03:49:14.715 --> 03:49:16.715
but they've been around a number of years in that house

03:49:17.835 --> 03:49:20.115
so 15. 16.
So what did we approves and gardens

03:49:24.915 --> 03:49:27.750
that's 60.
Was that 15

03:49:27.395 --> 03:49:29.395
six. I, I before my time I didn't have to pull it.

03:49:30.995 --> 03:49:32.955
I don't remember.
I don't know.
So it was that use there ones and gardens went in.

03:49:35.595 --> 03:49:37.595
I remember AA being an issue over there.

03:49:37.915 --> 03:49:40.915
I don't remember
because I remember one of the, one of the my fellow

03:49:42.115 --> 03:49:44.115
planning commissioners had concerns related to AA,

03:49:46.155 --> 03:49:48.155
but it was, it was the same,

03:49:49.795 --> 03:49:51.795
the same situation that they weren't a licensed facility.

03:49:52.995 --> 03:49:54.995
And the council unanimously approved Zen Gardens

03:49:56.395 --> 03:49:58.750
because we felt
that it wasn't a sensitive use because of this exact criteria.

03:50:00.836 --> 03:50:03.596
So I just
we have to be we just have to be consistent.

03:50:05.676 --> 03:50:07.716
And I know it sucks
and there's going to be winners

03:50:07.716 --> 03:50:09.316
and losers,
but if you're consistent, you're doing

03:50:10.516 --> 03:50:12.116
and you're doing the
right thing, then I'm honestly better than I

03:50:17.396 --> 03:50:18.916
councilmember.
Lance.

03:50:19.876 --> 03:50:21.836
Thank you.
I agree with Councilmember Joe Breck.

03:50:23.116 --> 03:50:25.116
And I also agree with you that we don't want a saturation

03:50:26.316 --> 03:50:28.316
of like liquor stores, a long charter way or but I think

03:50:30.916 --> 03:50:32.916
like the owner was here tonight that owns that shopping center.

03:50:33.996 --> 03:50:35.996
Of course, she wants to attract other businesses.

03:50:36.356 --> 03:50:39.760
And, you know, by having a business
like that, that does bring in more business,

03:50:40.276 --> 03:50:42.276
hopefully other people will want to open in areas like that.

03:50:44.156 --> 03:50:46.156
And I think that really does help, you know, like people that

03:50:48.476 --> 03:50:50.956
we want to bring businesses.
We want people to want to come to Stockton.

03:50:52.770 --> 03:50:54.770
And I think if we always dissuade any type of business,

03:50:55.597 --> 03:50:57.597
we don't want, you know, and I totally agree,

03:50:58.237 --> 03:51:00.677
we need to change some of the rules,
but I don't think you change them midstream.

03:51:02.157 --> 03:51:04.157
You don't say,
oh, well, I know you followed all the rules,

03:51:05.770 --> 03:51:07.637
but we're going to change them.
So we we're not going to do it now. So, you know,

03:51:09.757 --> 03:51:12.357
it's been a tough time for businesses.
We all know that through COVID.

03:51:13.237 --> 03:51:15.437
I can tell you I,
I represent a lot of businesses

03:51:16.357 --> 03:51:18.357
and it's been a really hard time.

03:51:18.437 --> 03:51:20.437
And I really feel like this could really help

03:51:20.957 --> 03:51:22.957
a lot of those businesses in that shopping center.

03:51:23.557 --> 03:51:26.197
And they're all supportive of this.
And that's, I think, really big.

03:51:26.597 --> 03:51:28.597
If we heard ten people tonight talk that down,

03:51:29.770 --> 03:51:31.770
those ten businesses and we're all against it,

03:51:31.597 --> 03:51:33.717
I might feel differently.
But they all support it.

03:51:34.437 --> 03:51:36.437
So I'm I feel the same way.

03:51:37.797 --> 03:51:39.797
I would make the motion to overt

03:51:45.478 --> 03:51:48.398
councilmember.
Right.
Just a couple of points.

03:51:48.918 --> 03:51:51.380
One Valley
Silver Living has been around since 2009 only says

03:51:53.878 --> 03:51:56.438
that on their website.
I'm not sure
how long that location has been there, though it's less

03:51:59.278 --> 03:52:00.918
probably less than
probably than 2009,

03:52:01.758 --> 03:52:03.758
but was probably one of their first since they own it.

03:52:04.718 --> 03:52:06.838
So somewhere around there.
11 years. 12, 12 years.

03:52:08.598 --> 03:52:10.598
I'm I'd like to second

03:52:11.718 --> 03:52:13.718
councilmember Joe Brooks comments about

03:52:14.718 --> 03:52:16.718
we have a set of rules that were supposed to go by.

03:52:17.878 --> 03:52:20.558
I'm on that committee and we've been working
very diligently along with the city attorney

03:52:22.918 --> 03:52:24.918
on creating some options for us to consider moving forward.

03:52:26.918 --> 03:52:29.158
And when once we change
those rules and those are the rules will have to follow

03:52:31.999 --> 03:52:33.999
but I'm concerned about

03:52:35.359 --> 03:52:37.359
setting up a set of rules and then not following them.

03:52:40.399 --> 03:52:42.399
I agree with the city attorney that it could put us in

03:52:45.399 --> 03:52:47.399
a position where people will claim we discriminated

03:52:51.239 --> 03:52:53.239
against their legal rights to apply for it.

03:52:55.639 --> 03:52:57.639
Our other concern with, with, with setbacks

03:52:59.759 --> 03:53:01.759
when we have them like this, is it creates more.

03:53:02.239 --> 03:53:04.159
And one of the reasons
we eliminated the set back provision from my memory

03:53:07.390 --> 03:53:09.390
is that there were just too few places

03:53:09.759 --> 03:53:11.759
in the city that met those set back requirements.

03:53:13.119 --> 03:53:15.119
And so our applicants were were winning the lottery,

03:53:17.759 --> 03:53:19.759
but they weren't able to open a location because they couldn't

03:53:21.000 --> 03:53:23.000
they couldn't find a location to open in.

03:53:24.360 --> 03:53:26.360
So while they do understand we don't want to saturate

03:53:28.920 --> 03:53:30.920
in the city

03:53:31.160 --> 03:53:32.880
we don't.
But but we've been hearing a lot of testimony tonight

03:53:35.200 --> 03:53:37.200
that we're not even close to to the level of saturation

03:53:39.600 --> 03:53:41.600
that most other cities our size have. OK,

03:53:44.160 --> 03:53:46.160
and is it ideal that we have two in the same shopping center?

03:53:48.640 --> 03:53:50.640
No, but but you do you do have businesses

03:53:52.800 --> 03:53:54.800
that are close to each other, the Rite Aid and the Safeway

03:53:55.360 --> 03:53:57.360
and Lincoln Center South both have pharmacies.

03:53:59.360 --> 03:54:01.360
OK, there's if you go on Bianchi Road

03:54:03.200 --> 03:54:05.200
and West Lane there, you've got the CVS

03:54:06.800 --> 03:54:08.920
in the shopping center just above it.
You've got a Rite Aid and Stone Brier shopping center.

03:54:12.961 --> 03:54:14.961
So you do get businesses that that

03:54:18.441 --> 03:54:20.441
to use the article that we were provided with,

03:54:21.601 --> 03:54:23.601
the study that we provided with businesses that agglomerate

03:54:26.281 --> 03:54:28.281
next to each other and and it can be it's not always

03:54:31.361 --> 03:54:33.361
but it can be a financial benefit to to both businesses.

03:54:35.641 --> 03:54:37.641
And we heard from one of the

03:54:39.241 --> 03:54:41.721
speakers tonight
that he found that one of his businesses

03:54:43.100 --> 03:54:45.100
increased business tenfold by having one of the biggest

03:54:46.681 --> 03:54:48.681
of dispensaries in California

03:54:50.161 --> 03:54:52.161
open across the street from him.

03:54:52.441 --> 03:54:54.641
It just
you don't know it all comes down to your business practices.

03:54:56.881 --> 03:54:59.881
It all comes down to the other person's business.
Practices.

03:55:01.820 --> 03:55:03.820
But I don't see there being a finding here that

03:55:05.882 --> 03:55:07.882
their business is necessarily going to suffer here.

03:55:09.722 --> 03:55:11.722
Thank you.

03:55:12.482 --> 03:55:14.962
Councilmember Joe Breck.
This clarification, staff

03:55:16.922 --> 03:55:18.922
conditions of approval, so many of the conditions that

03:55:20.522 --> 03:55:23.282
or the
what the applicant

03:55:24.122 --> 03:55:26.122
was trying to offer up as far as concessions.

03:55:28.522 --> 03:55:30.522
How how would we as a council because most of the things

03:55:31.802 --> 03:55:34.362
that they mentioned were were things
that would take place after the use permit was issued,

03:55:37.242 --> 03:55:39.242
most likely after the business is in place.

03:55:39.362 --> 03:55:41.362
So how could we hold them in the event to those conditions

03:55:43.242 --> 03:55:45.242
or if we made them conditions of approval, those concessions,

03:55:46.242 --> 03:55:48.242
how could we hold them? Could we revoke their

03:55:49.842 --> 03:55:52.603
then that's a yes, right?
We could revoke it yes.

03:55:53.300 --> 03:55:55.300
If an applicant doesn't meet their conditions of approval,

03:55:55.163 --> 03:55:57.523
they'll use permit can be revoked.
There is a process for that in the code.

03:55:58.203 --> 03:56:00.723
Millions of dollars
they don't do what they said they were going to do.

03:56:01.563 --> 03:56:04.483
Zen garden comes over,
hey, they said, you can do all this stuff.
They don't do it.

03:56:04.483 --> 03:56:06.483
We have a hearing like we do very much right now

03:56:06.523 --> 03:56:09.430
and say you didn't meet it.
Revoke by

03:56:09.483 --> 03:56:11.483
there goes your equity, there was all your money. See.

03:56:12.683 --> 03:56:14.683
That's certainly the potential for any condition of approval

03:56:17.430 --> 03:56:19.203
in any use permit.
It would subject the

03:56:21.283 --> 03:56:23.283
the holder to potential revocation or reconsideration.

03:56:24.963 --> 03:56:27.803
For instance,
they might come to you for the hearing
and then you impose different conditions.

03:56:28.283 --> 03:56:30.283
So I won't support this without those conditions of approval.

03:56:32.123 --> 03:56:34.123
So I know Councilmember Lenz had asked that

03:56:35.443 --> 03:56:37.443
you amend your motion for the conditions of approval

03:56:40.604 --> 03:56:42.644
yes, I will.
I would support

03:56:44.524 --> 03:56:46.724
yeah. Once they hear all. Yeah.
Once the hearing ends, there's

03:56:47.324 --> 03:56:49.844
I know you try and you tried to make a motion.
We have to hear the motion.

03:56:50.440 --> 03:56:52.440
But I would ask that you amend your motion.

03:56:52.324 --> 03:56:54.324
Thank you.

03:56:55.924 --> 03:56:57.924
Vice Mayor Fugazi.

03:56:59.524 --> 03:57:01.684
Sorry.
My only last comment again is again,

03:57:04.400 --> 03:57:06.400
this is discretionary.

03:57:07.164 --> 03:57:09.440
It is a nuisance.
Use just like alcohol that does come before planning commission

03:57:12.840 --> 03:57:14.840
and does come before us

03:57:15.284 --> 03:57:17.284
if it ends up being in appeal.

03:57:18.204 --> 03:57:20.204
And it runs with the land in perpetuity.

03:57:26.884 --> 03:57:28.884
I just need to know that both buildings

03:57:30.244 --> 03:57:32.244
are going to be there

03:57:35.725 --> 03:57:37.725
for generations.

03:57:38.405 --> 03:57:40.405
Thank you.

03:57:42.500 --> 03:57:43.805
Thank you.
And I mean, I'll just say,

03:57:44.125 --> 03:57:46.125
I just don't see where the code explicitly states,

03:57:48.245 --> 03:57:50.245
you know, that it's not, you know, sensitive use

03:57:51.500 --> 03:57:53.500
and that, you know, nor does the code.

03:57:54.845 --> 03:57:56.845
I don't see where it explicitly defines the license.

03:57:58.285 --> 03:58:00.285
It the sober living environment,

03:58:01.605 --> 03:58:03.605
whether people get treatment there at that facility

03:58:04.645 --> 03:58:06.925
or they get it
brought to them or they go take it, those people are there

03:58:09.605 --> 03:58:11.605
that organization bought that particular piece of property

03:58:13.850 --> 03:58:15.850
and it's in that property name for that particular purpose.

03:58:16.205 --> 03:58:18.205
And that's recovery and or treatment

03:58:19.965 --> 03:58:21.965
so that's just what I want.

03:58:22.326 --> 03:58:24.326
This is the last thing that I last comment

03:58:24.406 --> 03:58:26.406
that I wanted to make there.

03:58:26.926 --> 03:58:28.926
With that being said, there's no further

03:58:30.600 --> 03:58:32.600
questions of the council at this time.

03:58:34.326 --> 03:58:36.326
I declare this public hearing closed

03:58:36.366 --> 03:58:38.366
and I'll call for a motion.

03:58:40.600 --> 03:58:42.766
I'll make the motion to overturn
the commission with the concessions.

03:58:45.526 --> 03:58:47.526
They said increase security right

03:58:49.286 --> 03:58:51.286
upgrades and only in-house brands.

03:58:53.566 --> 03:58:55.446
Is that correct?
There may have been donations.

03:58:57.126 --> 03:58:59.926
I would make the donations the other two
and a half percent of gross

03:59:01.460 --> 03:59:03.460
is that that wasn't really a concession, they said.

03:59:04.366 --> 03:59:06.926
So if I
forgive me,
if I might rephrase, you would be granting the appeal

03:59:08.646 --> 03:59:10.646
or subject to further conditions of approval

03:59:12.847 --> 03:59:14.847
as communicated to your council by the applicant this evening.

03:59:18.207 --> 03:59:20.407
And we will make sure
staff will go back and make note of precisely

03:59:22.700 --> 03:59:24.967
what they are and record them accurate.
OK, in your in your final report.

03:59:25.687 --> 03:59:27.687
I think they said to bring up to $50,000 not more than 50. OK

03:59:35.327 --> 03:59:37.847
second.
Can't remember cash but.

03:59:37.967 --> 03:59:39.967
Clarification so yes is for the appeal no is.

03:59:42.847 --> 03:59:44.847
Yes yes is to grant the appeal which is which would overturn

03:59:47.700 --> 03:59:48.767
the planning commission.
And no is for the planning commission decision.

03:59:50.727 --> 03:59:52.727
OK, thank you.

03:59:58.927 --> 04:00:00.927
The motion fails

04:00:01.288 --> 04:00:03.288
with Vice Mayor Fugazi, Mayor Lincoln,

04:00:05.928 --> 04:00:07.928
Councilmember Canopy and Councilman Baum's dissenting.

04:00:09.488 --> 04:00:11.488
So now would be the time for an appropriate

04:00:12.688 --> 04:00:14.688
motion denying the appeal

04:00:16.168 --> 04:00:18.168
so we can go ahead and prepare the findings for you for that.

04:00:20.768 --> 04:00:22.768
Um, I don't believe we have in front of you

04:00:23.248 --> 04:00:25.248
a resolution to for denial.

04:00:27.208 --> 04:00:29.208
So that would be an appropriate motion to make a motion to the

04:00:30.248 --> 04:00:32.688
to deny the appeal.
That way we have

04:00:32.808 --> 04:00:34.808
we don't have a situation where you've taken no action

04:00:36.208 --> 04:00:38.888
because that just means no action.
The appeal,

04:00:38.928 --> 04:00:40.928
you didn't grant the appeal, but I would be more comfortable

04:00:42.480 --> 04:00:44.480
if you took a specific action to deny it.

04:00:44.808 --> 04:00:47.168
That way we can go ahead and prepare
a resolution denying the appeal that has four votes in favor

04:00:49.208 --> 04:00:51.208
of it.

04:00:53.929 --> 04:00:56.249
Vice Mayor Fogarty.
Yes, I'll make that motion, uh, to support the Planning

04:00:59.289 --> 04:01:01.289
Commission's decision for denial.

04:01:03.329 --> 04:01:05.329
I will also add, uh,

04:01:06.289 --> 04:01:08.289
one of the conditions, the design, location, size

04:01:08.729 --> 04:01:10.209
and operating
characteristics of the proposed use would not be compatible

04:01:12.889 --> 04:01:14.889
or are not compatible with the existing and future

04:01:15.209 --> 04:01:17.409
land uses on site
and in the vicinity of the subject property.

04:01:19.569 --> 04:01:21.569
The proposed use would not be beneficial

04:01:22.209 --> 04:01:24.209
because it would interfere with the existing

04:01:24.809 --> 04:01:26.809
neighboring businesses

04:01:28.649 --> 04:01:30.769
that was
I mean, I'm going right off of this.

04:01:32.369 --> 04:01:34.369
I would also

04:01:35.249 --> 04:01:37.249
let's see which other ones are on here that I highlighted.

04:01:39.569 --> 04:01:41.569
Um, the proposed use will not maintain or strengthen

04:01:43.770 --> 04:01:45.770
the integrity and character of the neighborhood

04:01:45.930 --> 04:01:47.930
and the zoning district in which it is would be located

04:01:50.130 --> 04:01:53.500
as it would not be conducive
or beneficial to surrounding businesses

04:01:57.330 --> 04:02:00.250
there was another one there.
Um, regarding.

04:02:01.570 --> 04:02:03.570
Uh, if I might offer some assistance, it,

04:02:04.970 --> 04:02:06.970
it may be easier to

04:02:07.810 --> 04:02:09.810
have, have the motion be a motion to deny the appeal

04:02:10.770 --> 04:02:12.770
for the reasons stated in the Planning

04:02:13.500 --> 04:02:15.500
Commission's resolution of denial.

04:02:15.330 --> 04:02:17.330
That way you can pick them all up

04:02:17.970 --> 04:02:20.810
and if you wanted to add additional ones,
obviously you're OK.

04:02:21.330 --> 04:02:23.890
Your Council's heard all this evidence.
You can make additional findings if you choose. To do well.

04:02:24.970 --> 04:02:26.970
That is my motion then.

04:02:27.490 --> 04:02:30.330
Second
Council cash flows, please.

04:02:36.971 --> 04:02:38.971
This motion passes with council members.

04:02:39.510 --> 04:02:41.510
Jo Brack.
Right.
And Len's dissenting

04:02:45.331 --> 04:02:48.331
thank you.
Item 17 City Matters Update

04:02:51.251 --> 04:02:53.251
nothing this evening.

04:02:53.931 --> 04:02:55.771
Thank you.
Council comments colleagues.

04:02:55.971 --> 04:02:57.971
Do you have anything to share at this time?

04:03:00.811 --> 04:03:03.411
Councilmember Cannava.
Yes. For public record, I attended the

04:03:05.531 --> 04:03:07.531
League of California Cities

04:03:09.211 --> 04:03:11.211
Convention in Sacramento

04:03:11.491 --> 04:03:13.491
last week and got tons of valuable

04:03:14.371 --> 04:03:16.371
information and was able to speak with other leaders

04:03:18.211 --> 04:03:20.211
from the state of California and had some great keynote

04:03:21.692 --> 04:03:23.692
speakers as well as ideas and awards

04:03:26.520 --> 04:03:28.520
that were awarded to other cities for ideas

04:03:30.932 --> 04:03:32.932
as well as seminars and ethics and sexual harassment

04:03:34.532 --> 04:03:36.532
training in person, which is a little bit

04:03:36.652 --> 04:03:39.520
better than having it online
so you actually can hear some stories

04:03:41.212 --> 04:03:43.892
and have interaction and questions
and the council members that were there,

04:03:46.172 --> 04:03:48.172
barring a brand violation all sat there and listened

04:03:49.812 --> 04:03:51.812
and we could have a few questions.

04:03:52.412 --> 04:03:54.412
But I think all in all, it was a great convention for me.

04:03:57.532 --> 04:04:00.412
Also the coastal cleanup.
I want to thank all the volunteers who were out there

04:04:03.132 --> 04:04:05.972
cleaning up.
Sometimes it's kind of

04:04:05.972 --> 04:04:08.812
discouraging that the Delta Neighborhood
Watch, there's probably 20 or 30 people

04:04:10.613 --> 04:04:12.613
and they cleaned up one spot by Stagg.

04:04:13.893 --> 04:04:15.173
And I'm
thinking with all those folks, we should have been able

04:04:15.973 --> 04:04:17.973
to clean up three to five miles.

04:04:18.173 --> 04:04:20.173
But there was such a huge amount of trash in one location

04:04:23.653 --> 04:04:25.653
that it's pretty alarming.

04:04:25.933 --> 04:04:28.253
And I mean, that's in the waterways,
and I always have that.

04:04:28.253 --> 04:04:30.253
It's like if we're going to leave a legacy,

04:04:31.293 --> 04:04:33.933
there's got to be clean water to drink.
And I think that is

04:04:34.253 --> 04:04:36.253
the biggest part that we get out of that is that,

04:04:36.693 --> 04:04:38.773
you know what I mean?
We're a civilized society in that we need to have protections

04:04:42.813 --> 04:04:45.293
for water.
And so for the unsheltered population

04:04:47.133 --> 04:04:49.133
and even the illegal dumping, you know, we need to stop that.

04:04:51.413 --> 04:04:53.413
We need to try to do things to lessen the effects of that.

04:04:57.813 --> 04:05:00.293
And and going forward,
I think it's important we did over by

04:05:02.294 --> 04:05:04.294
American Legion Part Gallon

04:05:04.374 --> 04:05:06.374
guys, a little boat again and picked up the trash there.

04:05:07.294 --> 04:05:09.294
And we just did it a month ago and it was still,

04:05:09.614 --> 04:05:11.694
you know, due to the tide.
So I just would ask people

04:05:12.334 --> 04:05:14.334
to be better stewards of our environment.

04:05:14.774 --> 04:05:17.774
And for the volunteers that step up.
Thank you very much. I mean, it's much needed.

04:05:19.694 --> 04:05:21.694
I wanted to wish my daughter a happy birthday day.

04:05:22.414 --> 04:05:24.414
I was here with my second family

04:05:25.540 --> 04:05:27.540
the city of Stockton, and I wasn't able to attend her

04:05:28.294 --> 04:05:30.134
little birthday dinner.
So, Jillian, happy birthday.

04:05:32.254 --> 04:05:34.254
Thank you.

04:05:34.534 --> 04:05:36.940
Yeah.
Councilmember, right. Yes.

04:05:37.774 --> 04:05:39.774
I also attended the League of California Cities Conference,

04:05:41.254 --> 04:05:43.254
also attended the mandatory sexual harassment training

04:05:44.374 --> 04:05:46.374
and AB 1234 ethics training.

04:05:48.854 --> 04:05:50.854
Both were offered by the Institute for Local Government.

04:05:51.215 --> 04:05:54.135
They do a great job.
I was is far better than doing the online 2 hours,

04:05:56.415 --> 04:05:58.415
which can be very tedious.

04:05:58.775 --> 04:06:00.775
Again, the two keynote speakers, Bonnie Saint John Paralympian,

04:06:02.895 --> 04:06:04.895
who shared her history of resilience,

04:06:05.135 --> 04:06:07.135
her lasting message was Everyone fails,

04:06:08.415 --> 04:06:10.415
champions, get back up faster.

04:06:10.855 --> 04:06:12.855
I love that message.

04:06:13.550 --> 04:06:15.550
And then we also heard from former PepsiCo vice

04:06:16.575 --> 04:06:18.575
president Richard Martinez, whose claim to fame is inventing

04:06:20.535 --> 04:06:22.535
flaming hot Cheetos and he made millions on that.

04:06:24.895 --> 04:06:26.895
So it was his hearing, his message.

04:06:27.655 --> 04:06:29.655
He was a janitor at Pepsi,

04:06:30.495 --> 04:06:32.495
you know, at the company, and he worked his way

04:06:33.775 --> 04:06:36.135
all the way up to vice president.
And there's just a very incredible story.

04:06:39.815 --> 04:06:41.815
I also attended the general resolutions committee

04:06:42.816 --> 04:06:44.816
and the General Assembly where I supported our city's positions

04:06:46.776 --> 04:06:48.776
as approved at last month's council meeting.

04:06:49.816 --> 04:06:51.816
I'm proud, pleased to announce

04:06:52.176 --> 04:06:54.176
that our city's position prevailed on both counts.

04:06:54.776 --> 04:06:56.776
So the Bradley Burns Tax Initiative failed.

04:07:00.336 --> 04:07:02.336
So hopefully we know that that needs to change.

04:07:03.336 --> 04:07:05.336
But we need better data before we can make any changes on that.

04:07:06.816 --> 04:07:09.376
We need to know
where the

04:07:09.376 --> 04:07:11.376
money is being earned, where and there just needs

04:07:13.136 --> 04:07:14.976
to be better data.
The data on on Bradley Byrne's tax collection is is incomplete,

04:07:18.816 --> 04:07:20.896
to say the least.
I also attended

04:07:25.176 --> 04:07:27.176
coastal cleanup at at Legion Park.

04:07:28.136 --> 04:07:30.136
I with Councilmember.

04:07:30.337 --> 04:07:33.170
But yes, a lot of us were there.
Yeah.

04:07:33.177 --> 04:07:35.177
And then we were at earlier in the day were at Pixie Woods

04:07:37.177 --> 04:07:39.177
for the bags to benches dedication.

04:07:40.657 --> 04:07:42.657
This is a bench that's located at the park

04:07:44.537 --> 04:07:46.537
that that is made entirely out of used shopping bags.

04:07:48.657 --> 04:07:50.657
And so do you remember Vice Mayor Fugazi.

04:07:53.297 --> 04:07:55.297
42,000 bags that went into the creation.

04:07:56.970 --> 04:07:58.170
Of this bench.
42,000 bags that aren't in in our waterways or landfills. Yes.

04:08:03.137 --> 04:08:05.137
And also Councilmember and I were both at Sunday's

04:08:07.657 --> 04:08:09.657
Gold Star Families event at the Carl Ross American Legion

04:08:11.170 --> 04:08:13.170
Post is it was very moving,

04:08:14.657 --> 04:08:16.657
one that there was a Gold Star father who got up and spoke, and

04:08:18.857 --> 04:08:21.137
I couldn't have done what he did.
I mean, he made it all the way to the very end

04:08:21.698 --> 04:08:24.218
before his voice started to crack.
And I would have been, you know, like word to I mean,

04:08:25.618 --> 04:08:27.618
my voice is almost starting to crack talking about it.

04:08:28.580 --> 04:08:30.580
It's so but it was it was a good event.

04:08:30.738 --> 04:08:32.738
And I highly. Encourage everyone to attend that.

04:08:32.938 --> 04:08:35.858
It's going to be a yearly event, I believe.
Thank you.

04:08:37.180 --> 04:08:39.180
Thank you, Councilmember Walmsley.

04:08:39.818 --> 04:08:42.180
Thank you, Mayor.
I as well attended

04:08:42.498 --> 04:08:44.498
the League of California Cities, along with my colleagues.

04:08:46.258 --> 04:08:48.258
And I did take the ethics and sexual harassment

04:08:50.578 --> 04:08:52.578
training that is a mandatory as an elected official,

04:08:54.298 --> 04:08:56.298
I enjoyed the conversation

04:08:56.458 --> 04:08:58.458
and meeting

04:08:59.898 --> 04:09:02.618
other elected officials
throughout the state of California in particular

04:09:04.378 --> 04:09:06.378
to talk about COVID19 and recovery

04:09:08.218 --> 04:09:10.218
and funding and services.

04:09:10.419 --> 04:09:12.419
The conversation surrounding homelessness

04:09:13.190 --> 04:09:15.190
and housing was pretty intense.

04:09:16.190 --> 04:09:18.190
There's a lot of critical conditions that are happening

04:09:19.379 --> 04:09:21.379
not only in Stockton, but throughout the state.

04:09:22.699 --> 04:09:24.699
So listening to other cities

04:09:25.739 --> 04:09:27.739
and, you know, kind of hearing about the steps

04:09:30.219 --> 04:09:32.219
that they're taking to address those critical issues.

04:09:33.299 --> 04:09:35.299
And I will say

04:09:35.579 --> 04:09:37.579
congratulations to the city of Stockton

04:09:37.699 --> 04:09:39.699
because it seems like we have just a little a lot more control

04:09:42.459 --> 04:09:44.459
and strategy and innovation in that way.

04:09:46.219 --> 04:09:48.219
I also attended the regional dinner,

04:09:48.939 --> 04:09:50.939
along with some of my colleagues on the dais here.

04:09:52.139 --> 04:09:53.499
And did
a lot of relationship building with other elected officials

04:09:56.419 --> 04:09:58.419
throughout San Joaquin County and the northern region

04:10:00.940 --> 04:10:03.200
today.
Tonight, I do want to kind of

04:10:04.460 --> 04:10:06.460
acknowledge Florence Lowe.

04:10:08.200 --> 04:10:10.200
For the last ten days, I had a really bad

04:10:12.900 --> 04:10:14.900
bacterial infection and virus.

04:10:15.660 --> 04:10:17.660
I'm a chronic asthmatic.

04:10:17.820 --> 04:10:19.820
The poor air quality doesn't help me much.

04:10:20.900 --> 04:10:22.900
And I really appreciate the way that she took charge

04:10:24.540 --> 04:10:26.540
and taking phone calls and returning phone calls to

04:10:27.780 --> 04:10:29.780
constituents about constituent services in my absence.

04:10:31.980 --> 04:10:33.980
I also want to thank

04:10:34.200 --> 04:10:36.200
many of my colleagues and the city staff that reached out

04:10:37.380 --> 04:10:39.380
during my illness to check in

04:10:40.900 --> 04:10:43.740
I do want to
empower and encourage residents who are listening tonight

04:10:46.780 --> 04:10:48.780
when there are air quality

04:10:49.940 --> 04:10:51.940
alerts that go out and they suggest that

04:10:52.421 --> 04:10:54.421
you don't go out because the air quality is poor,

04:10:55.821 --> 04:10:57.821
please adhere to them because that is real.

04:10:59.181 --> 04:11:01.181
The fires also has not been good to asthmatic as well.

04:11:05.101 --> 04:11:07.101
So I do want to kind of level that up and I also want to,

04:11:10.901 --> 04:11:12.901
as we're getting out of the rental moratorium,

04:11:14.210 --> 04:11:16.210
congratulate the city of Stockton, again,

04:11:16.381 --> 04:11:18.381
in particular Carrie Wright and her team for what

04:11:19.861 --> 04:11:21.861
they've done with the emergency rental assistance program and

04:11:24.781 --> 04:11:26.781
funding folks who are struggling with paying the rent.

04:11:28.381 --> 04:11:30.381
It's very difficult to build the plane and fly it.

04:11:31.541 --> 04:11:33.541
So I just want to appreciate her hard work and commitment.

04:11:34.821 --> 04:11:36.821
And that is my report for tonight.

04:11:37.621 --> 04:11:39.421
Thank you.
Thank you. Vice Mayor Fogarty.

04:11:41.502 --> 04:11:43.302
Yes, thank you.
I'll try to be as brief as possible.

04:11:44.102 --> 04:11:46.102
I, too, attended the League of California Cities.

04:11:46.542 --> 04:11:49.620
It was a
I'm so glad that we had it, that it could be in person.

04:11:51.862 --> 04:11:53.862
We did have to provide our vaccination cards

04:11:54.822 --> 04:11:56.822
or we had to do a rapid test right there

04:11:58.462 --> 04:12:00.462
in order to participate in the conference.

04:12:00.622 --> 04:12:02.622
But there were some amazing sessions.

04:12:02.662 --> 04:12:04.662
One of the best sessions I went to I brought up earlier

04:12:05.702 --> 04:12:07.702
was how in Los Angeles they created housing for 200.

04:12:10.422 --> 04:12:12.422
They did 232 rooms in six months from the ground up.

04:12:16.302 --> 04:12:18.302
And I just I mean, that's got to be some kind of record

04:12:20.222 --> 04:12:22.182
to do that,
where they had people literally moving in six months after

04:12:25.622 --> 04:12:27.622
once they allocated the funds,

04:12:27.902 --> 04:12:29.902
they just ran with it and but a lot of great sessions

04:12:31.383 --> 04:12:33.383
also did my ethics and my harassment training.

04:12:36.230 --> 04:12:38.230
And actually we were kind of at different tables

04:12:38.863 --> 04:12:40.863
we were all kind of spread out a little.

04:12:41.463 --> 04:12:43.463
I also wanted to let everybody know

04:12:45.230 --> 04:12:47.230
that next week USD is on fall break.

04:12:50.230 --> 04:12:52.230
I think a venture academy's on fall break.

04:12:52.423 --> 04:12:54.743
I don't know what other school districts,
but know that

04:12:54.743 --> 04:12:56.743
there will be kids out and about that are not in school.

04:12:58.223 --> 04:13:00.223
If you're like, why aren't they in school?

04:13:00.343 --> 04:13:02.343
Well, we have next week off.

04:13:02.463 --> 04:13:04.463
It's the end of the term for us

04:13:05.743 --> 04:13:08.343
at some of the high schools
and then there's also this Saturday is trade day

04:13:11.903 --> 04:13:13.903
just for people to know it will be at Strebel Park from

04:13:16.383 --> 04:13:18.783
I have here 10 a.m.
to 5 p.m.

04:13:19.630 --> 04:13:21.630
Music Jumpers Car Show Rib Cook-Off

04:13:24.184 --> 04:13:26.184
Community Resources But Strebel Park.

04:13:28.344 --> 04:13:30.344
If you're looking for something old basketball like

04:13:31.344 --> 04:13:33.344
three on three like basketball tournament seven on seven

04:13:35.224 --> 04:13:37.224
football games and a whole bunch of other things vaccinations.

04:13:38.904 --> 04:13:40.904
So yeah so come on out to Strawberry Park

04:13:42.184 --> 04:13:44.184
it's in district five but

04:13:45.904 --> 04:13:48.744
Trey went to
Edison High School, was a standout student

04:13:51.240 --> 04:13:53.240
and athlete who tragically passed in a car accident.

04:13:56.944 --> 04:13:58.944
And so this is a way to celebrate him.

04:14:00.624 --> 04:14:02.624
His smile, his contributions to the community,

04:14:04.144 --> 04:14:06.144
just his attitude towards life

04:14:07.744 --> 04:14:09.744
and bringing the community together.

04:14:10.224 --> 04:14:12.225
I also would say
I am very much in support of making sure that our trap,

04:14:15.345 --> 04:14:17.345
neuter and return program that we re bring that back.

04:14:19.865 --> 04:14:21.865
I you know, we definitely it's it's good

04:14:25.505 --> 04:14:27.505
prevention that if we don't do it, it's going to lead

04:14:29.225 --> 04:14:31.225
to a big problem that I don't think we want to handle.

04:14:32.665 --> 04:14:34.665
As for the gentleman with the salon, I wanted him to know

04:14:36.505 --> 04:14:38.505
that through our economic development department,

04:14:39.665 --> 04:14:42.585
hopefully somebody can reach out to him.
We have a way to contact him,

04:14:43.465 --> 04:14:45.465
but we have the Stockton impact cause we have the San Joaquin

04:14:46.505 --> 04:14:48.505
Delta College Small Business Development Center.

04:14:49.505 --> 04:14:51.505
We have business and entrepreneurial

04:14:51.625 --> 04:14:54.105
technical assistance.
We have things for people who need help

04:14:56.105 --> 04:14:58.425
with their business is.
So you came to the right place and we will get somebody

04:15:01.746 --> 04:15:04.306
hopefully from economic development
in touch with you and point you in the right direction.

04:15:07.866 --> 04:15:10.786
And then
two more things.

04:15:10.786 --> 04:15:12.786
One is on South Sutter.

04:15:13.426 --> 04:15:15.426
I see Chief is still here.

04:15:15.906 --> 04:15:17.906
I know that a cannabis

04:15:18.986 --> 04:15:20.986
at a dispensary is legal to sell,

04:15:22.866 --> 04:15:24.866
but I have residents that are near

04:15:27.660 --> 04:15:28.466
well.
There's a business on a southern street on Sutter.

04:15:30.666 --> 04:15:32.666
I will give you the address later, but they are openly doing

04:15:36.586 --> 04:15:38.586
drug sales out in the open, and I said that already

04:15:41.266 --> 04:15:43.266
and it's just really hard on the people

04:15:43.706 --> 04:15:45.706
that are actually residents on that street.

04:15:46.260 --> 04:15:48.260
Because it's, it's people that are unsheltered

04:15:49.386 --> 04:15:51.386
that are doing it right in the right wide open.

04:15:53.227 --> 04:15:55.227
So whatever we can do to have a presence

04:15:56.467 --> 04:15:58.467
over there and stop that, that would be great.

04:16:00.147 --> 04:16:02.147
And then lastly, and I know Dan knows this person, but

04:16:04.427 --> 04:16:06.427
I think yesterday

04:16:07.270 --> 04:16:09.270
Jimmy Choice passed away.

04:16:09.907 --> 04:16:11.907
So yeah, mom.

04:16:12.467 --> 04:16:15.270
Jimmy Choice.
Yes. Long time councilor.

04:16:16.187 --> 04:16:18.707
I worked with her at Franklin.
She was amazing.

04:16:19.387 --> 04:16:21.387
A mother to everybody, just very caring, very kind.

04:16:24.347 --> 04:16:26.347
And if we could close the meeting

04:16:27.147 --> 04:16:29.147
in a moment of silence for her and all of her

04:16:29.667 --> 04:16:31.667
contributions to generations of children

04:16:33.670 --> 04:16:35.670
and this community, I would appreciate thank you.

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What was the name again?
Jimmy Joyce.

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Thank you.
I, too, attended the League of California Cities Conference.

04:16:47.308 --> 04:16:49.308
My very first league called

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League League of California Cities Conference.

04:16:53.680 --> 04:16:55.680
I did participate in several

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sessions, just name a couple,
participated in the harassment prevention

04:16:59.668 --> 04:17:01.668
training for supervisors and officials

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and confronting hate group affiliation or speech.

04:17:05.468 --> 04:17:07.468
Those two sessions I wanted to highlight.

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I just wanted to also say thank you to staff

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for helping to coordinate the leave.

04:17:14.548 --> 04:17:16.548
California's conference for my colleagues

04:17:16.948 --> 04:17:18.948
and I specifically I want to mention Florence

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she did an excellent, excellent job,

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made sure that all the dye,
all the I's are dotted, the t's are crossed.

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And we knew
exactly where we needed to go and when we needed to be there.

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So thank you, Florence, for really taking charge

04:17:36.509 --> 04:17:38.509
throughout that conference.

04:17:38.829 --> 04:17:40.829
And at this time, we just like to absorb,

04:17:41.709 --> 04:17:43.709
observe a moment of silence for for Jimmy Joyce

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thank you.

04:17:58.909 --> 04:18:01.229
Call for a motion to adjourn.
So moved.

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All in favors.
I, I mean, he's now adjourned.

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Thank you.