City Council

CITY OF MOUNTAIN VIEW TUESDAY, OCTOBER 2, 2018 - 6:30 PM CITY COUNCIL MEETING MINUTES COUNCIL CHAMBERS - 500 CASTRO ST., MOUNTAIN VIEW Margaret Abe-Koga, Councilmember Ken S. Rosenberg, Councilmember Christopher R. Clark, Councilmember Patricia Showalter, Councilmember John McAlister, Councilmember Lisa Matichak, Vice Mayor Daniel H. Rich, City Manager Jannie L. Quinn, City Attorney Lisa Natusch, City Clerk Leonard Siegel, Mayor October 02, 2018 Council Chambers - 500 Castro St., Mountain View SPECIAL MEETING OF THE SHORELINE REGIONAL PARK COMMUNITY 1. CALL TO ORDER President Siegel called the meeting to order at 6:30 p.m. in the Council Chambers. 2. ROLL CALL Present: 7 - Boardmember Abe-Koga, Boardmember Clark, Boardmember McAlister, Boardmember Rosenberg, Boardmember Showalter, Vice President Matichak, and President Siegel Boardmember Abe-Koga arrived at 7:15 p.m. 3. CONSENT CALENDAR MOTION - M/S - Rosenberg/Showalter - To approve the Consent Calendar. The motion carried by the following vote: Yes: 6 - Boardmember Clark, Boardmember McAlister, Boardmember Rosenberg, Boardmember Showalter, Vice President Matichak, and President Siegel Absent: 1 - Boardmember Abe-Koga 3.1 Approve Meeting Minutes Approve the Shoreline Regional Park Community Minutes of September 25, 2018. 4. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Kathryn Skeehan expressed concerns regarding the removal of heritage trees on Montecito Avenue and in the neighborhood. 5. PUBLIC HEARING 5.1 Establishment of Cannabis Regulations City of Mountain View Page 1 City Council MEETING MINUTES 10/2/2018 Planning Manager/Zoning Administrator Stephanie Williams presented the staff report. Police Chief Max Bosel, Community Manager Dan Rich, Counsel Jannie Quinn and Senior Assistant Counsel Krishan Chopra provided additional information. Public Hearing opened at 7:14 p.m. The following members of the public spoke: Ivy Xu, and submitted a petition Julie Huang Guangyu Xu Cindy Wang Louise Katz, on behalf of Livable Mountain View Chen Yang Daniel Montero, Chair, San Jose Cannabis Equity Working Group Miriam Kali-Rai Ben Levitt Pingkan Fok Unidentified man Unidentified woman Robert Cox John Scarboro, speaking on his own behalf Wei Xiong Yude Chen Lei Cheng Amanda Carvalho Frank Lee Victor Yu Ernest Chu Wenting Jing David Hoffman Shari Emling Ranjitha Vishwa Xiaomeng Wu Julia Tam Ivy Lu Tony Guan John Beeley Weiguo Liang Dan Cheng Jessie Herr Tak Wang Deb Henigson Jing Sun Patrick Kelly Jiang Li City of Mountain View Page 2 City Council MEETING MINUTES 10/2/2018 Charles Zhong Parinda Mekara Unidentified woman Unidentified man Jeff Linden Luke Bruner Arjun Dave Dora Yuen Vincent, Owner, Sylvan Learning Center Guadalupe Rosar Betty Ortiz Zevela Samdrita Esparza Unidentified man Unidentified man Charles Wong Unidentified man Adriana Tapia Medrano Unidentified woman Unidentified man Unidentified man Marlena Smith Shareef El-Sissi, on behalf of the Garden of Eden Pamela Epstein Unidentified man Sean Kali-Rai, Silicon Valley Cannabis Alliance Kathryn Skeehan TooToo Thomson Kai Liu Jianteng Yang Angela Wong Public Hearing closed at 9:23 p.m. The Board recessed at 9:23 p.m. The Board reconvened at 9:41 p.m. with all Boardmembers present. MOTION - M/S - Matichak/Abe-Koga - To: 1. Introduce an Ordinance Repealing Ordinance No. 1.18, an Interim Urgency Ordinance Extending the Prohibition of Commercial Cannabis Activity in All Zoning Districts within the City, Excluding Cannabis Delivery Services from State and Locally Licensed Cannabis Retailers with Physical Premises Located Outside of the City of Mountain View and Provided Deliveries Are Conducted in Accordance with the Licensing Jurisdictions’ Rules for Cannabis Delivery for Ten (10) Months and Fifteen (15) Days, and Amending Article V, Division 2, Article VI, Divisions 2 and 3, Article VII, Sec. 36.22.10, Article IX, Division 11, and Article XVII, Division 2, and City of Mountain View Page 3 City Council MEETING MINUTES 10/2/2018 adding Division 21 to Article XIV to Establish Cannabis Regulations, to be read in title only, further reading waived, and set a second reading for October 23, 2018 (Attachment 1 to the Council report); with modifications to page 23, 3(c) to extend the buffer to 600 feet for child-care facilities and add rehabilitation centers and mental health facilities; and 3(i) on page 27 to be two applications rather than five; 2. Adopt a Resolution Approving Precise Plan Amendments to the P-38 (El Camino Real) Precise Plan, Chapter 2; the P-39 (North Bayshore) Precise Plan, Section 3.3.2 to Designate and Regulate Cannabis Businesses as a Land Use, to be read in title only, further reading waived (Attachment 2 to the Council report); 3. Introduce an Ordinance Repealing Chapter 9, Article IV Regarding Medical Marijuana Dispensaries and Replacing It with a New Chapter 9, Article IV Regarding Cannabis Businesses, to be read in title only, further reading waived, and set a second reading for October 23, 2018 (Attachment 3 to the Council report); 4. Adopt a Resolution Amending the City of Mountain View Master Fee Schedule Related to Cannabis Business Regulations, to be read in title only, further reading waived (Attachment 4 to the Council report); and 5. Authorize the addition of 1.0 FTE Police Officer position and 0.25 FTE Community Service Officer position for administration and enforcement of cannabis business regulations. Following discussion with staff, Vice President Matichak added to the motion a modification to the ordinance (Attachment 1) on page 22, Sec. 36.30.55(b) to change the maximum number of cannabis businesses allowed from three to two; and to extend the buffer to 600 feet for all medical facilities. The motion failed by the following vote: Yes: 2 - Boardmember Abe-Koga, Vice President Matichak No: 5 - Boardmember Clark, Boardmember McAlister, Boardmember Rosenberg, Boardmember Showalter, President Siegel MOTION - M/S - Clark/Siegel - To: 1 . Introduce an Ordinance Repealing Ordinance No. 1.18, an Interim Urgency Ordinance Extending the Prohibition of Commercial Cannabis Activity in All Zoning Districts within the City, Excluding Cannabis Delivery Services from State and Locally Licensed Cannabis Retailers with Physical Premises Located Outside of the City of Mountain View and Provided Deliveries Are Conducted in Accordance with the Licensing Jurisdictions’ Rules for Cannabis Delivery for Ten (10) Months and Fifteen (15) Days, and Amending Article V, Division 2, Article VI, Divisions 2 and 3, Article VII, Sec. 36.22.10, Article IX, Division 11, and Article XVII, Division 2, and adding Division 21 to Article XIV to Establish Cannabis Regulations, to be read in title only, City of Mountain View Page 4 City Council MEETING MINUTES 10/2/2018 further reading waived, and set a second reading for October 23, 2018 (Attachment 1 to the Council report); with a modification to Sec. 36.30.55(b) to "A maximum of four (4) cannabis businesses consisting of two storefront retail and two non-storefront retail businesses shall be allowed within the city at any given time;" a modification to Sec. 36.30.85(a)(3)(i) to "the first four applications;" and with a sentence added at the end of Sec. 36.30.60(c), "If a cannabis business is separated from schools, child-care centers and child-care facilities by State Highway 101, 237, 85 or Central Expressway, then the permitted distance shall be at least 250 feet from the schools, child-care centers and child care facilities." 2. Adopt a Resolution Approving Precise Plan Amendments to the P-19 (Downtown) Precise Plan, Chapter III; the P-38 (El Camino Real) Precise Plan, Chapter 2; the P-39 (North Bayshore) Precise Plan, Section 3.3.2; and the P-40 (San Antonio) Precise Plan, Chapter 4, Section A to Designate and Regulate Cannabis Businesses as a Land Use, to be read in title only, further reading waived (Attachment 2 to the Council report); 3. Introduce an Ordinance Repealing Chapter 9, Article IV Regarding Medical Marijuana Dispensaries and Replacing It with a New Chapter 9, Article IV Regarding Cannabis Businesses, to be read in title only, further reading waived, and set a second reading for October 23, 2018 (Attachment 3 to the Council report); 4. Adopt a Resolution Amending the City of Mountain View Master Fee Schedule Related to Cannabis Business Regulations, to be read in title only, further reading waived (Attachment 4 to the Council report) with changes as clarified by staff to modify the Cannabis Business Registration Initial Fee from $107,000 to $86,000 and the Cannabis Business Registration Renewal Fee to $85,000. 5. Authorize the addition of 1.0 FTE Police Officer position and 0.5 FTE Community Service Officer position for administration and enforcement of cannabis business regulations. FRIENDLY AMENDMENT: Boardmember Rosenberg offered a friendly amendment to modify the motion to three storefront and one non-storefront. Boardmember Clark declined to accept the friendly amendment. FRIENDLY AMENDMENT: Vice President Matichak offered a friendly amendment to remove the Downtown Precise Plan from the motion. Boardmember Clark declined to accept the friendly amendment. FRIENDLY AMENDMENT: Vice President Matichak offered a friendly amendment to remove Area H, the Historic District. Boardmember Clark declined to accept the friendly amendment. Community Manager Rich summarized that the motion includes two storefront and two non-storefront retail business in all locations listed in the staff report other than Grant-Phyllis; the process that staff recommended; the buffer would stay the same except for when there is a physical barrier of State Highway 101, 85, 237 or Central Expressway, the buffer could go as low City of Mountain View Page 5 City Council MEETING MINUTES 10/2/2018 as 250 feet and a maximum of 600 feet. The motion carried by the following vote: Yes: 5 - Boardmember Clark, Boardmember McAlister, Boardmember Rosenberg, Boardmember Showalter, President Siegel No: 2 - Boardmember Abe-Koga, Vice President Matichak MOTION - M/S - Clark/Rosenberg - To continue with the remainder of the meeting. The motion carried by the following show of hands vote: Yes: 5 - Boardmember Clark, Boardmember Rosenberg, Boardmember Showalter, Vice President Matichak, President Siegel No: 2 - Boardmember Abe-Koga, Boardmember McAlister 6. ADJOURNMENT - At 11:30 p.m., President Siegel adjourned the meeting. ATTEST: APPROVED: ____________________________ ____________________________ LISA NATUSCH LEONARD M. SIEGEL SECRETARY PRESIDENT City of Mountain View Page 6