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Minutes 2019-05-06 MINUTES OF THE REGULAR MEETING—CITY COUNCIL May 6, 2019 Mayor Carlson called a Regular Meeting of the City Council to order at 7:06 PM in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on April 30, 2019 by Deputy City Clerk Juanita Davalos. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Attendee Name Title Status Arrived Ken Carlson Mayor Present 7:06 PM Matthew Rinn Vice Mayor Present 7:06 PM Timothy M. Flaherty Councilmember Present 7:06 PM Michael Harris Councilmember Present 7:06 PM Sue Noack Councilmember Present 7:06 PM Mayor Carlson stated that Council had adjourned from a closed session and that there was nothing to report. 3. PRESENTATIONS 3.1 Acknowledgement of Sebastian Cohen as Honorary Mayor for a Day Mayor Carlson introduced Sebastian Cohen as Mayor for a Day. Mayor Carlson presented a certificate to Mr. Cohen and a bag of Pleasant Hill souvenirs. Mr. Cohen assisted in presiding over a portion of the City Council meeting. 3.2 Proclamation Designating May 5-11, 2019 as Small Business Week and Awards of Appreciation to Businesses Operating in Pleasant Hill for 50 Years or More Juanita Davalos, Administrative Analyst, described the purpose of the proclamation and introduced Blair Abee of the Small Business Development Center (SBDC). Mayor Carlson presented the proclamation to Mr. Abee. Mr. Abee made brief remarks and thanked the City Council for the proclamation. Lisa Chow, Representative from the Office of the Contra Costa County Supervisor Karen Mitchoff, along with Mayor Carlson, and Ms. Davalos presented Awards of Appreciation to the following local small businesses: Sun Valley Roofing, Inc.; Donald W. Linck II, DDS; Payless Painting; Caspars Hot Dogs; Jose & Kenneth Fraga, DDS; Joseph's Lawnmower & Lockshop; and Diablo Trophies & Awards. City Council Meeting Minutes Page 1 May 6, 2019 3.3 Award of Appreciation to Lillian Roselin for Service on the Commission on Aging from 2016-2019 Mayor Carlson presented an Award of Appreciation to Lillian Roselin. Ms. Roselin made brief remarks and thanked the City Council for the recognition. 4. CITY MANAGER COMMENTS June Catalano, City Manager, read the May 3, 2019 Joint Statement released by the City of Pleasant Hill, Contra Costa County and the Pleasant Hill Recreation and Park District regarding updated permit information for the new library construction. 5. COUNCIL ANNOUNCEMENTS AND REPORTS 5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors' Conference Hosted by the City of Lafayette on May 2, 2019 Vice Mayor Rinn reported that all Councilmembers, except for Mayor Carlson, attended the Contra Costa County Mayors' Conference. Councilmember Flaherty reported his attendance at the Contra Costa County Mayors' Conference. (B) Other Meetings Attended at City Expenses None 5.2. Announcements from Councilmembers Councilmember Noack reported her attendance at StarQuest and at Sparkles & Spurs sponsored by the Hospice of the East Bay. Councilmember Noack announced that the College Park High School tennis team was awarded first and second place in the Diablo Athletic League. Vice Mayor Rinn reported his attendance at the Pleasant Hill Community Foundation reception. Councilmember Harris reported his attendance at the Contra Costa County Mayors' Conference; Pleasant Hill Chamber of Commerce mixer; Rodgers Ranch Herb Festival; Walk and Ride to School; League of California Cities Bocce Ball Tournament; StarQuest; Pleasant Hill Community Foundation reception; and the John Muir Land Trust gala. Mayor Carlson reported his attendance at the Family Justice Center gala and at the Pleasant Hill Baseball Association Parent Appreciation gala. 6. PUBLIC COMMENT Mayor Carlson opened public comment. City Council Meeting Minutes Page 2 May 6, 2019 William Nownes, Pleasant Hill, thanked Councilmembers Harris and Noack for hosting the May 18th public meeting regarding the library. Mr. Nownes spoke of the importance of interagency cooperation to build the library. He said he contacted Supervisor Mitchoffs office and asked questions about closing the current library. Mr. Nownes reported that the Board of Supervisors has not made a decision on closing the library. Dan Safran, Pleasant Hill, said he was pleased that the library closure has been extended, but wanted a commitment on keeping the current library open until the new one is open. Mr. Safran commented that the County Civil Grand Jury said that Pleasant Hill decided to close the current library and asked if that was an error. He noted that if the County proposed closing the library, then the City Council should place the opposition for early closure as a future agenda item. Mr. Safran also expressed his appreciation to the Pleasant Hill Police Department for its handling of recent criminal activity. June Catalano, City Manager, said that the City was never contacted by the Grand Jury and that she will contact the County for a correction. Dick Offerman, Pleasant Hill, asked the City Council to direct staff to keep the current library open until the new library is open. He said that the City failed to communicate to the public of the change of plans that occurred in July 2018. Mr. Offerman said that the City Council should stand up to the County and oppose early closure of the library and asked for more transparency from the City with respect to library issues. Karen Yapp, Pleasant Hill, stated that postponing the library closure due to permitting issues does not change the situation. She noted that books have already been removed from the library. Ms. Yapp said that as of April 28, 2019, there are almost 2,000 signatures on a petition which supports keeping the current library open until the new one is opened. She said that the early library closure is the most unpopular event in the City and wants the City Council to prepare a letter of opposition to the County for closing the current library. Mayor Carlson closed public comment. 7. CONSENT CALENDAR RESULT: ADOPTED [UNANIMOUS] with the exception of Item 7.4,which was pulled. MOVER: Michael Harris,Councilmember SECONDER: Sue Noack,Councilmember AYES: Carlson,Rinn,Flaherty,Harris,Noack City Council Meeting Minutes Page 3 May 6, 2019 7.1. Minutes Approval (A) City Council- Regular Meeting-Apr 15, 2019 7:00 PM 7.2 Approve Checks Dates: April 12, 2019; April 19, 2019; April 26, 2019 7.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC 7.4 Approve Appointment Recommendations to the Commission on Aging and Education Commission - Item Pulled from Consent Vice Mayor Rinn introduced the new appointees to the Commission on Aging and the Education Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Matthew Rinn,Councilmember SECONDER: Michael Harris, AYES: Carlson,Rinn,Flaherty,Harris,Noack 7.5 Adopt Ordinance No. 928 Amending Pleasant Hill Municipal Code Sections 18.20.040 - Additional Development Regulations Corresponding To Schedule 18.20.030, 18.20.050 & Chapter 18.140 - Accessory Structures, 18.20.060 - Inclusionary Housing, 18.20.090 - Manufactured Homes, 18.20.100 - Accessory Dwelling Units, 18.30.050 - Planned Unit Development Concept Plans, 18.50.020 - Building Projections Into Yards and Courts & Chapter 18.67 - Permitting of Wireless Telecommunications Facilities 7.6 Approve Letter Opposing AB 302 (Berman) - Parking: Homeless Students - Item Pulled from Consent Councilmember Flaherty requested that this item be pulled due to lack of sufficient information to oppose the legislation. He expressed the need for allowing a thoughtful discussion before acting on the letter. Councilmember Flaherty said that he would not sign the current letter. Councilmember Harris also requested the need for additional information and noted that he wanted to hear an opinion from Diablo Valley College. Councilmember Noack expressed the need to obtain input from Diablo Valley College and noted that the issue should be addressed a different way. She commented on the different situations of homelessness. Councilmember Flaherty said that he wanted CORE to reach out to the homeless students. Mayor Carlson noted that the John Muir Community Health Fund handles housing and food insecurity and has funded food pantries and local schools and colleges. He expressed his support for tabling this item until Council receives additional information. Councilmember Harris moved to continue this item to a future City Council meeting. City Council Meeting Minutes Page 4 May 6, 2019 RESULT: CONTINUED [UNANIMOUS] MOVER: Michael Harris, SECONDER: Matthew Rinn,Councilmember AYES: Carlson,Rinn,Flaherty,Harris,Noack S. ADMINISTRATION AND FINANCE None 9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT 9.1. Presentation on Community Choice Energy by Marin Clean Energy and MRW & Associates and Request for Direction to Staff Councilmember Noack recused herself due to a potential conflict. Andrew Murray, Assistant City Manager, provided the background on Community Choice Energy options and explained that a number of cities and unincorporated areas in the County are members of Marin Clean Energy (MCE). He said that MCE is offering open enrollment until June 30, 2019. Colleen Duran, Administrative Specialist, reported that she obtained feedback from five local cities regarding MCE and it was mostly positive. Ms. Duran said that residents and businesses from those areas were satisfied with MCE's implementation process and service. She reported that two cities were not happy with MCE's opt out program. Jenna Famular, MCE, described MCE as a local non-profit energy supplier and explained how customers receive their energy sources. Ms. Famular also explained how MCE is governed by its member communities and outlined a residential cost comparison with different service options. She listed the necessary steps to take in order to join MCE before the June 30, 2019 deadline. Councilmembers Flaherty and Harris asked about the impact on local jobs and PG&E fees. Ms. Famular explained the PG&E fees and said that MCE has partnered with local workforce development agencies. She said that MCE is carefully monitoring PG&E's bankruptcy case. Vice Mayor Rinn asked about financial assistance for low income residents and expressed his concern about possible penalties if the City decides to leave MCE Ms. Famular responded that medical options would remain in place, but that budget billing would not work with MCE. She described scenarios if the City decided to withdraw from MCE and potential costs. Mayor Carlson asked about an article criticizing MCE for using brown energy versus green energy. City Council Meeting Minutes Page 5 May 6, 2019 Ms. Famular responded that the article published misinformation regarding MCE and brown energy and clarified MCE's carbon free goals. Mark Fulmer, MRW & Associates, delivered a presentation on Community Choice Energy (CCE) and outlined CCE activity in California. Mr. Fulmer presented options to the City Council and explained regulatory changes. He also described the process to leave MCE and any implications. Mr. Fulmer reported that certain cities in Southern California formed their own CCE. Mayor Carlson opened public comment. Paul Bracken, Pleasant Hill, expressed his support for joining MCE. He stated that the effects of global warming are very intense and are occurring quicker than expected and cited examples of droughts and large wildfires in California. Mr. Bracken noted that joining MCE would be a good opportunity for the City. Sheila Hill, Contra Costa Climate Leaders, stated that climate change is the most urgent issue facing society. She expressed her support for joining MCE and said that her organization has worked with MCE to get other cities in the County to join. Ms. Hill said that she has spoken to several Pleasant Hill residents who are excited to buy 100% renewable energy and that people are looking for a choice. Mayor Carlson closed public comment. Mayor Carlson asked if there are other CCEs offering open enrollment. Mr. Murray said that it would take longer to obtain energy from East Bay Community Energy and it is less proven than MCE. Councilmember Harris expressed his appreciation for the public comments and said he wanted to move forward with MCE proposal before the June 30th deadline. Janet Coleson, City Attorney, said that there would be sufficient time to meet the June 30th deadline since there are two Council meetings in June. RESULT: APPROVED [4 TO 0] MOVER: Michael Hams,Councilmember SECONDER: Timothy M.Flaherty,Councilmember AYES: Carlson,Rinn,Flaherty,Harris RECUSED: Noack City Council Meeting Minutes Page 6 May 6, 2019 9.2 Public Hearing and Introduce Ordinance No. Amending Pleasant Hill Municipal Code Sections 18.15.040, 18.20.070, 18.25.020, 18.50.140 and 18.140.010, and Adding Section 18.25.170 Entitled "Cannabis Retailers," to Prohibit all Commercial Cannabis Uses and to Conditionally Allow Medical Cannabis Retailers in Retail Business Zones Mayor Carlson called a recess at 9:11 p.m. Mayor Carlson reconvened the meeting at 9:18 p.m. Janet Coleson, City Attorney, introduced Ashley Zambrano, Attorney at Best Best & Krieger, as an expert on cannabis regulation. Troy Fujimoto, Senior Planner, provided the background concerning cannabis regulation and explained the proposed ordinance recommended by the Planning Commission. Councilmembers, Mr. Fujimoto, Ms. Zambrano, Police Chief Bryan Hill, and Greg Fuz, City Planner, engaged in discussions concerning zoning restrictions; security and potential increase in crime; actions taken by neighboring cities; medical versus recreational cannabis usage; and potential tax revenues. Mayor Carlson opened public comment. Bill Bankert, Pleasant Hill, said that the City Council's decision would affect the essence of the community. He thanked Councilmember Harris for his thoughtful questions. Mr. Bankert noted that it is easier to obtain a medical cannabis card versus a fake identification card. He said that Pleasant Hill residents are not under-served since there are businesses that deliver cannabis to Pleasant Hill. Mr. Bankert said studies have shown that crime has increased in Colorado and Washington due to cannabis. David Roche, Pleasant Hill, expressed his opposition to allowing cannabis in Pleasant Hill. He said that Pleasant Hill should be a city of restaurants and boutiques and not of check cashing venues and liquor stores. Mr. Roche cited that revenues from taxing cannabis sales is a myth. He expressed skepticism on legitimate issuance of medical cannabis cards. Mayor Carlson closed public comment. Councilmembers continued their discussion on the impact of allowing medical cannabis retailers to operate in the City and posed different options. Councilmember Noack said that high school students have access to Juul and other vaping products even though they are illegal to people under the age of 21. She noted that cannabis is prevalent at the high school level and does not want retail in the City. Councilmember Harris recognized the pros and cons of cannabis and said that people who need medical cannabis already have sources in Martinez and Concord. Councilmember Harris said that he would not oppose cannabis delivery services in Pleasant Hill as long as they are regulated. Councilmember Flaherty said that he would support having two medical cannabis dispensaries in the City. City Council Meeting Minutes Page 7 May 6, 2019 The City Council continued the item to the June 3, 2019 meeting with direction to staff. Councilmember Harris thanked the Planning Commission for their work. Ms. Coleson read the direction into the record. 9.3 Public Hearing and Adoption of Ordinance No. 929 Amending Chapter 9.10 of the Pleasant Hill Municipal Code Regarding County Health Ordinances, to Adopt by Reference Contra Costa County Ordinance No. 2018-25 ("Sewage Collection and Disposal") and Contra Costa County Health Officer Regulations for Sewage Collection and Disposal, and Adopting Penalties Janet Coleson, City Attorney, provided the background regarding County health ordinances and explained that the proposed City ordinance would adopt the County's updated sewer ordinance and health officer regulations by reference. Mayor Carlson opened public comment. There was no public comment. Mayor Carlson closed public comment. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Harris,Councilmember SECONDER: Matthew Rinn,Vice Mayor AYES: Carlson,Rinn,Flaherty,Harris,Noack 10. OTHER 11. ADJOURNMENT Mayor Carlson adjourned the meeting at 10:55 PM. The next regular meeting will be held on Monday, May 20, 2019 beginning at 7:00 PM. CAROL W. WU, CITY CLERK City Council Meeting Minutes Page 8 May 6, 2019