Will the secretary please conduct the roll call?

Yes, Chair Zuber.

Here.

Vice Chair Tehara.

Commissioner Mendoza.

Commissioner Rich.

Present.

Commissioner Solis.

Present.

Commissioner Chabjulu.

Present.

And Commissioner Nay.

Thank you.

The next item on the agenda are announcements.

Miss Secretary, are there any announcements?

No.

Not at this time.

Thank you.

The next item on the agenda is the consent calendar.

There's one item on the consent calendar this evening, the draft minutes for the planning commission meeting of May 1st, 2025.

Would any of the commissioners like to pull the item from the consent calendar for corrections?

If not, may I have a motion to approve the consent calendar?

So moved.

Second.

Excuse me.

It has been moved by Commissioner Rich and seconded by Commissioner Solis that the consent calendar be approved.

All those in favor say aye.

Aye.

The motion passes unanimously.

Oh, sorry.

I'm so sorry.

This is a problem.

And maybe if you're uh just raise your hand if you say nay, also abstain.

One abstention, sorry.

The next um item on the agenda is the staff reports and announcements.

Miss Secretary, do we have any staff reports and announcements?

Yes, we do.

Um first up, we are in a new location.

Thank you to the public for bearing with us.

This is a temporary accommodation for this meeting.

Um, so as you can see, we're all doing our best to to adjust.

Um, I also wanted to share with the commission that this is actually my last meeting as secretary.

I'm not going anywhere, but um planning manager Waylon Lee is he's been with the city for some time, and he's ready to um take the role of secretary.

So I've really enjoyed working with you all, and this has been a really great growth opportunity for me, and I'm excited for Wayland to um to be the new secretary and work closely with you all.

And of course, I'll always be around.

So um just wanted to share that with you.

And I believe that's all for our announcements tonight.

Thank you.

We've enjoyed working with you as well.

We look forward to working with you, Whelan.

The next item on the agenda is public comments.

The public is invited to make any comments related to the agenda items that are not listed on the public hearings.

Sorry, or other items of the public interest at this time.

If you wish to speak during public comments, please fill out the speaker card and hand to the administrative assistant.

Thank you.

Public comments are limited to three minutes per person.

If you wish to comment on an item listed under public hearings under the public hearing portion of the agenda, you will have an opportunity to do so when the item is heard.

Please fill out the card and hand it to the administrative assistant.

We are now taking public comments this is the time when any person may address the board on matters not listed on this agenda.

I see that I have one speaker.

Okay.

Larry Arnold I don't know if I'm at the right place I'm gonna give it a shot.

I've been in the business in this town about 45 years I've opened three businesses.

Basically the same location 139th Avenue of Washington happened.

I think we can make it look like I think I'm gonna go to the address that auction yard stacks three cars on top of each other.

When one of those cars falls off and kill somebody we'll know about it just like alcohol metal Mr Arnold I'm sorry your your um three minutes are up if you could just if you could just wrap up and what you're if you have a request that would be very helpful questions maybe someone in planning radian traffic to look at new signage that's before the entrance of the tunnel.

So the truck driver who's not uh a familiar with our neighborhood sees the sign he knows he can come in.

Okay.

But he can't commit you've got back out thank you thank you okay am I at the right place this makes sense it it does make sense yes thank you thank you thank you yes there are no further further public comments correct okay the next item on the agenda is presentations miss secretary are there any presentations this evening oh only public hearings okay tonight's agenda has two public hearings item two public hearing items for consideration by the planning commission if you wish to speak before the planning commission please submit a speaker card is this again I already see that sorry um state your name and address for the record meetings of the planning commission are recorded in televised so please please please speak clearly um for the record our first item on the agenda is item 7a consideration of a resolution recommending that the city council adopt an ordinance amending various sections of the San Leandro zoning code to modify regulations pertaining to the sale of tobacco related products and e-cigarette related products within the city limits may we please have the report it's not on oh there we go thank you I thought it was on when he was speaking okay there we go oh and you know what this is green where it's red over there okay good stuff okay I'll start over again then good evening chair and commissioners tonight's staff is asking you to consider revisions to the tobacco retail license provisions in the zoning code on May 1st 2025 the planning commission voted to recommend city council adoption of the proposed zoning code amendments of which this was one to modify the regulations pertaining to sale of tobacco products and some other things that item went to city council on July 7th at which meeting city council directed staff to conduct additional public engagement with the stakeholders on this item during August staff provided three additional opportunities for stakeholders to uh comment on the on the draft provisions of the zoning code these were held on august 5th 20th and 28th based upon that input staff has revised the code amendments so that tobacco sales now are going to be allowed as an accessory use to convenience stores as well in new situations to require conditional use permit for new convenience stores in the BTOD zone this is not actually from this is something we noticed when we were going through the code that it was a different approval process and then to increase the maximum tobacco display area to 15 linear feet this is actually to accommodate standard display setups so as I noted the meetings were held on different days they were also held at different times in different formats in order to maximize participation we had about um I would say well probably had eight or nine individual people show but on several people showed at all three meetings so we had several uh opportunities for engagement for numerous people so based on the feedback this is a a slide that you'd seen previously based upon the feedback we're adding convenience stores here to the um to the list of uh types of retailers that can have tobacco sales as an accessory use.

And that let me see.

Secondly, the B Todd zone is there amended uh for the CUP requirement.

The C UP is required for convenience stores citywide, except in the B Todd zone where it's by administrative review.

So we're just changing that to make it CUP consistent citywide.

So there's not a not a question.

And then this display is also one that you've seen before, but you can see on the second window here that rather than a 10-foot of uh 10 foot of linear display, we've increased that to 15 feet.

And this accommodates some of the standard uh shelving uh arrangements that that the retailers see for cigarettes.

The other regulations will stay the same as you see here with the max 10% gross floor area, 25% of gross receipts, and then no display or signage visible from exterior.

These are changes as compared to the existing code, whereas the 15 feet is compared to the stuff that you've seen already.

This is new.

Oops, I wanted to back up one more on this.

Oh, here.

So I want to emphasize these regulations apply to new retail situations.

Existing retailers are not affected by these, they'll be treated as legal non-conforming uses.

Um, and similar to other legal non-conforming uses, they will be allowed to continue doing what they're doing in the same manner they're doing, as long as they don't have a lengthy gap in the service.

So if there's a 7-Eleven that, for example, that becomes vacant for a year, two years, when it comes back, it'll be subject to the new regulations.

But if it continues in the in the the manner that it's it's operating, whether it's a 7-11, it becomes a local convenience store or they stop selling cigarettes for some reason and want to come back.

As long as there's not a gap of more than 180 days, they'll be allowed to continue doing so in the manner that they are doing so now.

So this is a this does not affect existing retailers in any way.

Okay, there we are.

With that, a recommendation is that the planning commission adopt a resolution recommending the city council adopt an ordinance amending various sections of the zoning code to modify regulations pertaining to the sale of tobacco related products and e-cigarette related products within city limits.

That uh we're available for questions.

Do any of the commissioners what I'm gonna do because I don't have I'll just ask you to raise your hand and I'm just gonna go one by one, okay?

Commissioner Tubjulu.

How does it change in ownership like effect these?

Would it change in ownership be considered as uh I know you talked about what the six-month alone it can be?

Mm-hmm.

Um, change in ownership will be handled the same way it is right now, and that is you have to renew your license every year.

The police department takes that opportunity to check and see whether there have been any violations.

So every year it's like a new license, even though it's a renewal.

If somebody changes hands, in fact, this has happened uh during the moratorium, where which is still in place, of course.

But during the moratorium, we've had a couple of businesses change hands, and what happens is the old owner discontinues her business license, the new owner applies for a new business license, and then we simply carry on.

It's an existing use, so it's a use-based non-conformity.

If if that business is sold, as long as the new business is, you know, they have the license in place before 180 days expires, then it it's allowed to continue under the existing rules.

Commissioner Rich, did you have a question?

Commissioner Solis, Commissioner Donna.

Um, yeah, so I just had a question on the uh community outreach that was put in place.

Um, I'm seeing that there were three sessions held.

Um, all three sessions occurred in the month of August.

In terms of like spacing between having those public outreach meetings, is there a standard that typically is followed?

Um, just wanting to get kind of some sort of clarity between all of the outreach sessions occurring in the month of August, which may have limited uh the overall attendance uh for those events, summer season, what have you?

If you're only having three sessions and they all occur in the month of August?

What was the rationale behind that?

There were two pieces there.

The first is city council wanted this back as soon as possible.

So we were trying to get it to back to council quickly.

Obviously, it's not as quick as we'd like, but it does take time to do these sorts of things.

The second is while we were collecting emails from everybody, we also asked them what days and times were they available for meetings?

And we tried to make sure that we we put as many options in there and definitely overlapped with what people said they could could attend.

Okay.

Um and then my final question.

Um I brought this up initially when it came to the planning commission.

Uh, and I don't know if during public outreach, if the merchants had attended, if this was a similar concern from them.

Uh, but for any of the existing merchants that fall into kind of a large chain, you mentioned 7-Eleven.

So 7-Eleven as an example.

Did they or any of those large merchants express concern with abiding by the new regulations for a new location that would be opened?

Um, and not potentially having some sort of like grandfather clause with their existing operations that carry in the city of San Leandro, but would essentially be occurring in another location.

Did they mention anything to that effect?

Was that a concern?

There certainly are concerns about that, yes, because cigarettes do comprise a large amount of the receipts that each store takes in.

It's a it's a high ticket item, a high profit item.

Um, however, most of the folks that that showed up have one store or two stores, and we're not planning on expanding.

We did have have one fellow, I think, who was thinking about expanding, but I'm not sure we have that many opportunities to expand.

Nevertheless, he would be subject to the uh to the new rules.

Okay.

All right, thanks.

Commissioner Mendoza.

Uh was there a total sales um percentage in in the uh regulation?

I seem to remember that from last time.

It's 25% of gross receipts.

Gross receipts, okay.

And that applies to to both uh grandfather, uh oh gosh, I don't remember off the top of my head.

Do you remember off the top of your head what the existing one is?

I think it's darn it.

Okay.

Yeah, thank you.

Sorry.

Thank you.

I know it was a change.

I think it was 25% of floor area and 75% of gross receipts.

75%.

Commissioner Nay.

Okay.

Is there anyone from the public who wishes to speak on this item?

Do you have any speaker cards?

No.

Okay.

Well, now close the public hearing and bring the item back for discussion by the committee.

This is okay.

Is there anyone from the public who'd like to speak?

No.

Okay.

Okay.

Uh do any of the commissioners wish to?

Oh, do I hear a motion to adopt a resolution?

Sorry.

So moved.

Second.

Second.

Great.

Um, it has been moved by Commissioner Solis.

And seconded by Commissioner Mendoza.

Sorry.

To adopt a resolution recommending that the city council adopt an ordinance amending various sections of the San Leandro zoning code to modify regulations pertaining to the sale of tobacco-related products, any cigarettes related products within the city limits.

All those in favor, please say aye.

Aye, aye.

Okay, we have a unanimous decision.

Okay.

Okay.

Okay.

Our second item on the agenda.

Item 7B, the consideration of a conditional use permit to expand a legal nonconforming 2,248 square foot bar use by approximately 1,369 square feet within an existing building at 1746 Washington Avenue.

Okay.

Hello.

Hello.

Good evening, members of Planning Commission.

I'm Ann Wong, associate Planner, and the project before you at 1746 Washington Avenue, PLN 25-0010 is for a conditional use permit to expand an existing bar.

The applicant property owner is John Harvey.

The project site and interior lot is located at 1746 Washington Avenue.

The site is 5,625 square feet.

The applicant is requesting approval of a conditional use permit to expand an existing legal non-conforming 2,248 square foot bar by approximately 1,369 square feet, by occupying the rear space of the existing building, which totals to 3,617 square feet.

The project site is zoned downtown area to the project.

The subject property is located on the east side of Washington Avenue between Thornton Street on the north and William Street on the south.

Adjacent properties include single family houses on both sides, the rear and across the street from the subject property, and project and other properties within its vicinity include a small retail kitchen bath shop at the corner of Williams and Washington Avenue and other vacant commercial spaces.

This is the front of the site, and this is the is a one story building.

Currently, the front 2,248 square feet is occupied by the legal non-conforming bar, which is Johnny's bar.

The applicant is requesting to expand the existing bar operations by renovating the approximately 13,000, I mean 1,369 square feet rear half of the building that's currently being used for storage.

The DA2 zoning district requires a C UP for bars, thus the applicant has applied for a CUP.

All activities of the bar would occur inside the building, and the bar would be open daily from 10 a.m.

to 1 30 a.m.

As for the expansion, the bar space accessible to the customers will increase by 443 square feet, and that would include one more pool table and more seating.

The expansion would also include uh two restrooms, an office, and a kitchen to prepare and serve food, uh, and it'll also have a storage room, and then they'll replace the current trash collection area with a new trash enclosure, which is to the side.

Um, so this is the existing floor plan.

Uh, the subject property is improved by uh the principal building and also the garage and the shed in the rear.

Uh, currently the front half is occupied by the legal non-conforming bar.

Uh, you can see that the the front half, which I highlighted in orange, uh, it has the bar, one pool table, a few seats, um, two restroom storage and a walk-in cooler.

Um, and the refuge containers are stored in the side of the building.

So the proposed expansion kind of highlighted in the red, um, increases the bar space accessible to customers and would and would include one more pool table and three more tables.

Um, there's also two more restrooms, an office, a kitchen, uh, the storage room, and the new trash enclosure outside.

The new kitchen would allow food preparation and uh have menu service, which the bar currently doesn't have, it only serves drinks right now.

Uh, the new trash enclosure would and the new trash enclosure outside will replace the existing trash collection area.

So this is this is the same picture, but then it just has the whole bar, so just gives you a picture of how it would look.

Uh, and then uh these are the elevations.

There won't be uh many changes as you can see uh from the existing picture and how it's going to look.

So mostly the changes are going to happen uh within the buildings.

Uh so the proposed project would be in accord with the objectives of the zoning code and the purposes of the DA2 zoning district, would be consistent with the general plan, downtown mixed use, and the TOD strategy, which is um multi-use infill, which allows for a range of uses which in together create a pedestrian oriented street environment such as bars.

Um it would comply with all the applicable provisions of the zoning code and it would not create adverse impact on traffic or create demands exceeding the capacity of public service and facilities, and this is categorically exempt from CEQA pursuing to uh sequel guidelines 15301, which is an existing facility.

So recommended so uh uh staff recommends a number of conditions of approval that will allow the bar to expand into the existing rare space without creating detrimental impacts to nearby commercial and residential.

Um a few notable conditions are that all bar activities would be limited to inside of the building.

Uh the bar would be required to comply with the city's noise ordinance and smoking pollution control requirements of the municipal code.

Uh refuse containers would be required to be stored in the proposed um area, the applicant would be prohibited from emptying trash between uh 10 pm and 6 a.m.

Uh the property owner would be required to maintain the site uh in good condition, the bar would be required to install, use and then maintain security cameras capable of digitally recording audio and video and high definition for at least 72 hours inside and outside of the building, uh covering the building interior, uh, entry and exit doors.

So staff recommends that planning commission adopt a resolution determining that the project is categorically exempt from Cal the California Environmental Quality Act pursuant to CQL guidelines section 15301 and approving a conditional use permit PLN 25-0010 to expand an existing 2,248 square foot bar by approximately 1,369 square feet by occupying the rear space of the existing building at 1746 Washington Avenue based on the recommended findings and subject to recommended conditional approval.

So that concludes staff's presentation and staff is available to answer questions.

The applicant team is also here to answer any questions uh when they come to the stand.

Thank you.

Thank you.

Commissioner Rich.

Uh yes, thank you for that presentation.

It was very clear.

I I do have one question on uh condition number 17, which is on page five uh on our packet.

It's titled bicycle parking, which got my interest in it, but it's actually the last uh phrase on it refers to the last sentence refers to prior to building permit final for the patio structure, the bicycle storage shall be installed, and I'm wondering if this project has a patio structure.

Oh, the patio structure, and and maybe it's not worded that clearly the patio, um, is that if you look at the if you let me let me go back to the existing um is that the rear, um it's been there for a long time, right?

Um, but there is some covered storage area, and that was kind of what we refer to as the covered patio, but but it it is just a storage area and it'll remain a storage area.

Okay, that was what my question was.

Thank you.

Commissioner Mendoza.

Yes, you just a good question.

So given that the kitchen and the cooking is something new, um, has there been any talk and consideration about what type of food and uh if the you know smoke or or smell grease or anything like that might affect um, you know, neighbors, um, has that been discussed in any way?

Like for example, if if you know, I'm thinking if if I live next to a bar that's been there for 20 years, and we'll just so then uh there's gonna be a kitchen and cooking and food, and in the evening, or this one started start mailing, smelling grease and and things like that, that might be a consideration.

So we just wanted to know if that was something that came up.

Um that wasn't in the in the review.

Uh we we didn't uh the applicant on the applicant statement didn't uh include like uh a set menu of food, but because there he's here, uh perhaps he can answer more of that and what what kind of food he's thinking of making when he comes up.

And through the chairs, so when um applicants come in, they first come to the commission for the land use determination if needed, and then they go through a permitting process.

And so that that ensures compliance with all applicable uh building code regulations, and when you're providing new food facilities, you go through Alameda County environmental health, and they make sure you have the proper filtration and grease handling and things of that nature.

So um rest assured that regardless of the cuisine type, um, they will be required through the permitting process and later inspections to comply with with requirements for food preparation.

Thank you.

That's good to know.

Thank you.

Commissioner Tara.

Um so, in terms of like the overall, maybe I missed it, it could be in the packet, but the overall increase to max occupants, what's the current max occupant uh rating for the structure as it stands, and then what would be the new max occupant load?

Uh so that we don't know yet, and we don't review that part in the planning permit.

So when how it works is after they get the planning entitlement, they go through building permits and then the building and then per building code, they will determine a maximum occupancy, a new occupancy.

And um, you know, I would say this is a legal non-conforming use, this bar has been hit there for for a very long time.

So I'm guessing so I don't think that they've pulled permits in a while now.

So perhaps their current occupancy is unknown, or maybe building what no, but building would definitely check and determine a new occupancy when a new occupancy load when they apply for building permits, which comes after this.

Okay, so we don't even know what the current load is at this point.

Is that what you're saying?

That's not a that's not known the current load, max occupantly max occupancy load.

Okay, 400.

Okay.

And through the chair, so um, and we'll we'll have the applicant wait until um the public hearing, you can address the commission, but um the building division does review these applications, um, and they review the conditions of approval.

Um, and they would flag so we don't always discuss and the planner doesn't always record down the exact changes in occupancy, um, but building has reviewed and they've tailored the conditions appropriately.

So um what we do ensure is that before the new space is operable and they open to customers, we ensure that the max building occupancy set by building through their permit review will will need to be posted inside.

So um, you know, we can always share information later, but it sounds like we don't have that information readily available right now.

Sure.

I can appreciate that.

I um I just figured, you know, maybe there were some site observations that were performed and seeing the placard realizing what the max occupancy load is something that maybe occurred as part of uh the investigation phase, the presentation phase, but if that is doesn't apply, then it doesn't apply, I guess at this point.

Um also in public outreach, it's mentioned here that uh the information was posted in the East Bay Times.

When did that occur?

Um, and then just in general response to the East Bay Times, to the mailings that were sent out to property owners within 500 feet.

Has the city received any sort of feedback um regarding this project?

Uh yes, for the East Bay Time, I believe we posted it in mid-September.

Uh and then as for uh comments and feedback, we I have not received uh any questions or any calls regarding this project.

Okay.

So a few weeks ago it was posted in the times.

Yes.

Is what you're saying.

Yes.

Okay.

I think the rest of my questions are for the applicant.

Yep.

Thank you.

Thank you.

Commissioner Nick.

I just have a quick question with expanding the building itself, which does allow for more customers.

Is there a parking situation?

Like somewhere for more people to park if the building's expanded.

So we cannot the local governments uh will cannot require minimum parking because this location is within half a mile of a high transit station, and that is the Sally Andrew part.

Okay.

Any other questions?

Okay.

Is there anyone from the public who wishes to speak on this item?

The applicant.

What can I do for you?

Questions?

Commissioner Tahana.

You guys have a move for you.

John is not going to go.

Yes, sir.

Sorry, I'll start over.

The question was confirming whether or not your location or this proposed location is affiliated with 991 Manor Boulevard, Johnny's bar.

So same owner, same location.

Got it.

Okay.

Um, and then in terms of thanks for providing max occupancy for your existing space, knowing that it'll be determined by the building department through your projection.

What do you envision the max load to be through this expansion?

70 70, okay.

71 maybe.

Okay.

Got it.

Uh and then maybe like your own like in-house community outreach.

Um, have you experienced like any sort of contact with the neighbors?

I think the one thing that stands out different from this location to the location 991 Manor Boulevard is the fact that 991 Manor Boulevard is kind of contained within the the manor square footprint.

So it's really segregated from housing, but your location that we're reviewing today is like flanked left, right, and rear uh to residential housing.

So I'm just kind of curious like community outreach, community engagement, how's that relationship?

And have you received feedback from neighbors with you guys expanding?

Most of my neighbors are customers, yes, I have.

So I'm like, okay.

Yeah, I think they're okay with it.

Okay.

Um and then with the max occupancy increasing.

Maybe can you speak to like your current, if it's applicable, your current security operations that you have within your establishment?

Um, do you see any sort of change to that going from 49 to potentially 72?

What your security operations would change to?

No, not really.

I mean, we got a pretty good net crew over there, and then we'll keep it pretty tight.

So I have five bars total, two of them here in San Landro.

So I've known this for a long time.

Okay.

All right, that's all I have.

Any commissioner Rich?

I do.

I think this is uh great looking project.

I am happy to see that there's uh a bike parking spot required here.

I'm not interested in trying to require you guys to do more because I'm happy about what you're doing here.

I'm wondering if you have any suggestions for the city on how we might be able to incentivize more bicycle parking at your space, especially considering its proximity to Williams Street, which the city is investing significant sums in to make it into a cross-town bike corridor.

So is there some way the city could help you to incentivize to create more bicycle parking there, both for your customers and for your staff?

I mean I'm willing to put up anything that they can use to put bicycles there if they want to ride.

Most of my people walk, be honest with you.

We don't get much traffic.

Because most of the customers walk when they come.

So it's we don't really even have traffic congestion even over there.

So yeah, but I mean I'll I'll put up as many bike racks as I can we can put on a property for that matter.

Um I'm all for that.

Uh as far as the to sort of echo what uh Vice Chair Tahada was talking about.

Uh uh and your your relationship with your neighbors.

Um you've got five bars.

This isn't your first rehab, I imagine the construction is a little different hours than the operation of a bar, so it starts earlier.

There's construction has dust, it has debris, it has demolition.

Um have are your neighbors going to have a person that they can talk to on site if they've got a concern about stuff that's happening outside of normal bar hours, say between 7 a.m.

and 10 a.m.

Well, I've met most of my neighbors and most of them have my numbers, so if anything happens or there's any issues, they've been encouraged to call me.

So that's perfect.

Yeah, so any other questions?

Questions for that one?

Okay, thank you.

Thank you.

Is there anyone else who wishes to speak on the item?

Okay, I'll now close the uh item for public hearing and bring the item back for discussion.

Yeah, discussion for the commission.

Any comments?

Commissioner Solis.

Yeah, I just feel that this is a pretty cut and dry project, and I think months ago we just approved something similar with the Irish pub being a few doors down.

Um, so I'll be recommending that we adopt this.

Okay.

Do I hear a motion to adopt a resolution outside of Commissioner Solis?

I move.

Second.

All in favor.

It's uh I, so okay, and one abstain.

Okay, and one abstention.

So the motion passes with six CA's and one abstention.

Okay, okay, decisions of the decisions of the planning commission are final unless appealed to the city council by filing a form to the city clerk within 15 days of the date of this action.

The form shall specifically state the reason for the appeal and the appeal and an appeal fee is required.

The next item on the agenda is commission reports and announcements as part of the today's meeting.

We will hold, we will hold the election of a new chair and vice chair for the planning commission, although we're already at in October.

So I would like to open it up to the commission if that's okay.

Um to see if we either extend um that that person's um standing for an additional three months, one year and three months, or if we move it to January.

So any thoughts on that?

Commissioner Rich.

Uh, is there a way where we could extend the terms of the existing chair and vice chair and have the new the new chair and vice chair start in the start of the new year?

Yeah.

I that would of course would be based on uh an interest and willingness from yes.

Um I've been advised by the city attorney that that would if we continue this item to uh January, then that would effectively keep the chair-vice chair configuration until uh till you take a vote in the new year.

My concern with continuing the item is that we've we've got all the players here tonight, and we it's been a while since we've met and uh last time we met we didn't have everybody, so I uh I like the idea of taking advantage of the attendance that we have here tonight.

Not that we have trouble with attendance, I'm not trying to suggest that.

So are you are you suggesting that we take um that we nominate a new chair now and that they start in January?

That's a very good question.

What I'm suggesting.

Um there's new information that if we if we table this, what I suggested happens automatically in a sense.

Um but I think the and I think that would be easiest, but because we have everybody here, I think we actually should vote today, and the issue then is when does when do the new folks take take their role, and that probably is immediately in it, and then it should be for a year and three months for the term as you initially suggested.

Okay, great.

Okay.

Well, that yes, uh just so I'm clear, I just wanted to get it straight here.

Uh, if we take a vote today, can we put a clause for the start date on that so that the new term comes into effect in January, or do we qualify that out as not applicable?

Could could we do that?

We could do that, okay.

So we can keep the same status today for what's in place, but just have the term start in January based on our vote today.

Okay, all right.

I'm good with that.

Okay, so the nomination is now open for the position of chair.

I'd like to nominate.

Am I allowed to speak first?

Okay.

Um I'd like to nominate uh vice chair tahada.

I think he's he's served well for the last year and such and such.

It's been quite some time.

I second that.

Okay.

It has been moved by Commissioner Zuber and seconded by Commissioner Rich to elect uh Commissioner Tahada as chair.

All those in favor say aye.

Aye.

Aye.

Wonderful.

The motion passes unanimously.

Okay.

Sorry, one question.

Um in terms of what we just talked about right now, and thank you everyone for your vote of confidence.

Um should we amend that motion with the timeline stipulations that we talked about previously, or is that just officially just being picked up on the record through the meeting?

Uh you have it to the vice chair, and so as part of the motion for vice chair, assuming that they want to be concurrent, you can do it as part of that motion if you like.

So just to make it absolutely explicit.

Okay.

Okay.

Nomination is now open for the position of vice chair.

I nominated commissioner rich for the vice chair.

Second that.

Great.

It has been moved.

Oh yes, okay.

Sorry about that.

Um so I'm going to make a motion as well that this uh that the new chair and vice chair will start in the new year in January.

Okay.

Can we have discussion on this motion?

Sure.

Um, because I have a counter uh motion for Commissioner Mendoza.

Uh he has seniority and uh comes prepared and is uh uh I think you'd make an excellent but I don't know if Commissioner Mendoz is interested though.

Oh, thank you.

I didn't hear you.

Yes, I'm interested.

Okay, great.

So is that a is that a motion for that is a motion, yeah.

Or a counterfriendly motion or counter motion.

I'm not sure what the Roberts rules of order.

So you have two nominations unless you're with unless you don't accept Commissioner Rich.

I would prefer not to accept that.

Oh okay, okay.

Now we only have one nomination because he respectfully and uh withdraws.

Thank you.

I appreciate it.

So I'll second the motion to nominate uh Commissioner Mendoza.

Wonderful.

Okay, so it has been um moved by Commissioner Rich and seconded by Commissioner Solis to uh to elect uh Commissioner uh Mendoza as vice chair.

All in favor?

Okay, sorry.

And and and both terms will begin in in January of 2026 at our first uh commission meeting.

Okay, all in favor?

I think motion passes unanimously.

The time is now 7.56.

This meeting is adjourned.