City Council

CITY OF MOUNTAIN VIEW THURSDAY, MAY 23, 2019 - 5:30 PM CITY COUNCIL MEETING MINUTES - Final COUNCIL CHAMBERS, 500 CASTRO ST., MOUNTAIN VIEW, CA 94041 Lisa Matichak, Mayor Daniel H. Rich, City Manager Margaret Abe-Koga, Vice Mayor Jannie L. Quinn, City Attorney Christopher R. Clark, Councilmember Lisa Natusch, City Clerk Alison Hicks, Councilmember Ellen Kamei, Councilmember John McAlister, Councilmember Lucas Ramirez, Councilmember May 23, 2019 Council Chambers, 500 Castro St., Mountain View, CA 94041 SPECIAL MEETING OF SHORELINE REGIONAL PARK COMMUNITY 5:30 P.M.-SPECIAL MEETING 1. CALL TO ORDER President Matichak called the meeting to order at 5:32 p.m. 3. ROLL CALL Present: 7 - Boardmember Clark, Boardmember Hicks, Boardmember Kamei, Boardmember McAlister, Boardmember Ramirez, Vice President Abe-Koga, President Matichak Boardmember Clark arrived at 5:38 p.m. 4. ORAL COMMUNICATIONS FROM THE PUBLIC ON NONAGENDIZED ITEMS Jane Horton spoke in support of safe parking for vehicle dwellers. 5. PUBLIC HEARING 5.1 Adopt Resolutions of Necessity and Authorize the Initiation of Eminent Domain Proceedings Real Property Program Administrator Dennis Drennan presented the staff report. Public Works Director Mike Fuller provided additional information. Public Comment opened at 5:45 p.m. The following members of the public spoke: Joel Dean, and displayed photos and a video Unidentified man, Chevron Corporation, submitted written materials Alex Brown Public Comment closed at 5:49 p.m. City of Mountain View Page 1 City Council MEETING MINUTES - Final 5/23/2019 MOTION - M/S - McAlister/Kamei - To: 1. Adopt Resolution No. 18332 to Determine the Necessity to Acquire a Portion of Property Located at 790 Shoreline Boulevard (APN 150-31-002) by Eminent Domain for the Construction of the Shoreline Boulevard Reversible Bus Lane Project; to Authorize Commencement of Litigation to Acquire Property by Eminent Domain; and to Seek an Order of Possession (Code of Civil Procedure Section 1245.220), read in title only, further reading waived. 2. Adopt Resolution No. 18333 to Determine the Necessity to Acquire a Portion of Property Located at 807 Shoreline Boulevard (APN 153-16-001) by Eminent Domain for the Construction of the Shoreline Boulevard Reversible Bus Lane Project; to Authorize Commencement of Litigation to Acquire Property by Eminent Domain; and to Seek an Order of Possession (Code of Civil Procedure Section 1245.220), read in title only, further reading waived. 3. Adopt Resolution No. 18334 to Determine the Necessity to Acquire a Portion of Property Located at 808 Shoreline Boulevard (APN 153-14-002) by Eminent Domain for the Construction of the Shoreline Boulevard Reversible Bus Lane Project; to Authorize Commencement of Litigation to Acquire Property by Eminent Domain; and to Seek an Order of Possession (Code of Civil Procedure Section 1245.220), read in title only, further reading waived. 4. Adopt Resolution No. 18335 to Determine the Necessity to Acquire a Portion of Property Located at 883 Shoreline Boulevard Common Area (APN 153-16-021 through 153-16-044) by Eminent Domain for the Construction of the Shoreline Boulevard Reversible Bus Lane Project; to Authorize Commencement of Litigation to Acquire Property by Eminent Domain; and to Seek an Order of Possession (Code of Civil Procedure Section 1245.220), read in title only, further reading waived. 5. Adopt Resolution No. 18336 to Determine the Necessity to Acquire a Portion of Property Located at 917/943 Shoreline Boulevard (APN 153-16-045) by Eminent Domain for the Construction of the Shoreline Boulevard Reversible Bus Lane Project; to Authorize Commencement of Litigation to Acquire Property by Eminent Domain; and to Seek an Order of Possession (Code of Civil Procedure Section 1245.220), read in title only, further reading waived. 6. Authorize the Counsel to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the portions of the properties described herein by eminent domain, if necessary, and petition the court for immediate Order of Possession. The motion carried by the following vote: Yes: 7 - Boardmember Clark, Boardmember Hicks, Boardmember Kamei, Boardmember McAlister, Boardmember Ramirez, Vice President Abe-Koga, President Matichak 6. UNFINISHED BUSINESS City of Mountain View Page 2 City Council MEETING MINUTES - Final 5/23/2019 6.1 Consider Adoption of Amendments to the Cannabis Regulations Senior Planner Clarissa Burke presented the staff report. Police Sergeant Wahed Magee, Counsel Jannie Quinn, Community Manager Dan Rich and Senior Assistant Counsel Krishan Chopra provided additional information. Public Comment opened at 6:14 p.m. The following members of the public spoke: Hafsa Mirza, on behalf of two others present Pingkan Fok Francisco Ochoa Hilario Saldivar Alex Nunez Unidentified woman Unidentified woman Tony Karim Hyder Jane Horton Jane Hu, on behalf of eight others present David Dai Yu Gam Dona Lee Qingyu Zhang Yinghua Zhoa Unidentified woman Amy Zhu Li Li Yu Yijun Zhou Eddy Huey-Ming Hsu Fi Weng Qichun Ye Carol Lin Anthea Chung Shupang Wang Tracy Yuan Henry Manayan, on behalf of Nourish Mountain View and Castro Care Center Justin Matser Kathy Zeng Jessica Tang Grace Gao Rachel Tan City of Mountain View Page 3 City Council MEETING MINUTES - Final 5/23/2019 Lenny Siegel, former Mayor and Councilmember Doris Wang Xiaomeng Wu Vincent, Sylvan Learning Center, on behalf of five others present Yaohua Li Ray Zhang Qian Ding Unidentified man Meghan Fraley Qing Wang Tom Lin Jianteng Yang Brett Chen Huayi Li Wei Xiong Julie Huang Dan Cheng Cindy Cyu Diana Jennifer Stohfus, on behalf of six others present Bo Wu Hongxia Chen Zhang Jing Erin Zhang Jack David Wang Chunhui Li Richard Liu Sean Kali-Rai Board recessed at 8:04 p.m. Board reconvened at 8:13 p.m. with all Boardmembers present. Following the recess, speaker Sean Kali-Rai responded to additional Board questions. Board then proceeded with the remaining speakers: Matthew Mahaffey Julia Tam Unidentified woman Fanyi Zhao, on behalf of five others present, and submitted written materials Chen Wang, on behalf of five others present Tracie Huay David Gao Feng Wang Leah Wang City of Mountain View Page 4 City Council MEETING MINUTES - Final 5/23/2019 Chen Yang Lei Chang, on behalf of six others present TooToo Thomson Public Comment closed at 8:47 p.m. Boardmember Ramirez stated he has a leasehold interest in an apartment in the San Antonio Precise Plan Area, recused himself, and left the room. MOTION - M/S - Kamei/Abe-Koga - To: Adopt Resolution No. 18337 Amending the P-40 (San Antonio) Precise Plan to Prohibit Cannabis Businesses within the San Antonio Precise Plan Boundaries, read in title only, further reading waived. The motion carried by the following vote: Yes: 6 - Boardmember Clark, Boardmember Hicks, Boardmember Kamei, Boardmember McAlister, Vice President Abe-Koga, President Matichak Recused: 1 - Boardmember Ramirez At 8:59 p.m., Boardmember Ramirez returned to the room and took his seat at the dais. Vice President Abe-Koga stated she owns real property in the downtown area, recused herself, and left the room. Boardmember Hicks stated she owns real property in the downtown area, recused herself, and left the room. MOTION - M/S - Clark/McAlister - To: Introduce an Ordinance Amending Article IX, Division 21, to Limit Storefront Retail Businesses to a Maximum of One in the P-19 (Downtown) Precise Plan Boundaries (Chapter 36 of the City Code), read in title only, further reading waived, and set a second reading for June 11, 2019. SUBSTITUTE MOTION: M/S - Matichak/Kamei - To limit the cannabis businesses in the city to delivery only. At 9:20 p.m., Vice President Abe-Koga and Boardmember Hicks returned to the room and took their seats at the dais. FRIENDLY AMENDMENTS: Boardmember Ramirez offered friendly amendments to allow all Phase 1 applicants to find new sites, to retain the current buffers, and to retain the number of cannabis businesses at four. City of Mountain View Page 5 City Council MEETING MINUTES - Final 5/23/2019 Following discussion, President Matichak accepted the friendly amendments with a modification to set the number of cannabis businesses at three and to allow all Phase 1 applicants to reapply. Boardmember Kamei accepted the friendly amendments. AMENDMENT: Boardmember Clark moved to amend the motion to reduce the total number of cannabis businesses in the city to three: two nonstorefront and one storefront, with the school buffer for the storefront business increased to 1,000 feet and the day care center buffer increased to 600 feet. The motion to amend died due to lack of a second. The substitute motion as amended by friendly amendment and following Board discussion: M/S - Matichak/Kamei - To: Limit the cannabis businesses in the city to delivery only; limit the maximum number of cannabis businesses in the city to three; retain the current buffers for schools and day care centers; a 600 foot buffer between businesses; allow the four eligible applicants to reapply, and give priority to the other eligible applicants. The subsitute motion carried by the following vote: Yes: 7 - Boardmember Clark, Boardmember Hicks, Boardmember Kamei, Boardmember McAlister, Boardmember Ramirez, Vice President Abe-Koga, President Matichak Board recessed at 10:12 p.m. to allow staff to draft ordinance language following the Board action. Board reconvened at 10:20 p.m. with all Boardmembers present. MOTION - M/S - Matichak/Kamei - To: 1. Introduce an Ordinance Amending Cannabis Regulations in Article IX, Division 21 of Chapter 36, to Prohibit Storefront Retail Cannabis Businesses within the City, Maintain Existing Sensitive Use Buffers, Establish a Minimum Distance of 600 feet between Cannabis Businesses, and Establish a Maximum Number of Nonstorefront Cannabis Businesses to Three (3) in the City, to be read in title only, further reading waived, and set a second reading for June 11, 2019. 2. Direct staff to give priority to the eligible nonstorefront retail business, followed by applications that have been deemed eligible. 3. Direct staff to return with any other amendments deemed necessary to consistently implement these amendments. Counsel Quinn referred to Attachment 2 to the staff report and stated the ordinance language changes are as follows: at the bottom of page 1, under a., "The Zoning Text Amendments are City of Mountain View Page 6 City Council MEETING MINUTES - Final 5/23/2019 consistent with the General Plan because prohibiting storefront retail cannabis businesses in the city furthers the the policy of minimizing conflicts between different land uses (Policy LUD 3.4);" in b.," The Zoning Text Amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the adoption of these amendments are consistent with Proposition 64 and State law regarding cannabis;" in Section 36.30.55.b., "Maximum Number. A maximum of three (3) cannabis businesses consisting of three (3) nonstorefront retail cannabis businesses shall be allowed within the city at any given time;" in Section 36.30.60a., "Allowable Activity," strike out "1. Cannabis business, storefront retail" and replace it with "1. Cannabis business, nonstorefront retail," which changes the numbering of a.3 to a.2; no change to the buffers; strike out the proposed e.2 and change it to, "A nonstorefront retail cannabis business shall not be permitted within six hundred (600) feet of any other nonstorefront retail cannabis business. The distance shall be measured in a straight line from the closest property line of one parcel or property containing a nonstorefront retail cannabis business to the closest property line of the other parcel or property containing a nonstorefront retail cannabis business;" repeal Section 36.30.70; in Section 36.30.85a.3(a), "After the lottery has taken place, the first three (3) applications on the qualified cannabis business list shall be authorized to submit planning applications," and the addition of a new letter b, "If the three nonstorefront retail cannabis businesses authorized to submit planning applications conflict with the concentration of business criteria, the business ranked higher on the qualified business list shall be authorized to submit. The second business ranked on the qualified cannabis business list shall not be authorized to submit until the intial application is denied or withdrawn. The first business on the qualified cannabis business list not in conflict with the initial authorized business shall be authorized to submit an application." Counsel Quinn stated the remainder of the "Planning Application" section will be renumbered alphabetically. Senior Assistant Counsel Krishan Chopra stated necessary amendments to precise plans will come back to the Board for approval with the second reading of the ordinance. The motion carried by the following vote: Yes: 7 - Boardmember Clark, Boardmember Hicks, Boardmember Kamei, Boardmember McAlister, Boardmember Ramirez, Vice President Abe-Koga, President Matichak 8. ADJOURNMENT - At 10:38 p.m., President Matichak adjourned the meeting. ____________________ LISA NATUSCH SECRETARY City of Mountain View Page 7