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Minutes 2019-06-03 MINUTES OF THE REGULAR MEETING—CITY COUNCIL June 3,2019 Mayor Carlson called a Regular Meeting of the City Council to order at 7:00 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 May 29, 2019 by Deputy City Clerk Juanita Davalos. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Attendee Name Title Status Arrived Ken Carlson Mayor Present 7:00 PM Matthew Rinn Vice Mayor Present 7:00 PM Timothy M. Flaherty Councilmember Present 7:00 PM Michael Harris Councilmember Present 7:00 PM Sue Noack Councilmember Present 7:00 PM 3. PRESENTATIONS 3.1 Acknowledgement of Emma Jones-Bey as Honorary Mayor for a Day Mayor Carlson introduced Emma Jones-Bey as Mayor for a Day. Ms. Jones-Bey introduced her family members who were in the audience. Mayor Carlson presented a certificate to Ms. Jones- Bey and a bag of Pleasant Hill souvenirs. Ms. Jones-Bey assisted in presiding over a portion of the City Council meeting. 3.2 Award of Appreciation to Chadwick Wyler for Service on the Contra Costa Transportation Authority Citizens Advisory Committee 2017 to 2019 Mayor Carlson presented an Award of Appreciation to Chadwick Wyler. Mr. Wyler made brief remarks and thanked the City Council for the recognition. 3.3 Update on Wildfire Protection Measures - Pacific Gas & Electric(PG&E) Tom Guarino, Pacific Gas & Electric Company East Bay Public Affairs Team, delivered a presentation on the community wildfire safety program. Mr. Guarino explained the measures taken by PG&E to mitigate wildfire risk and damage. He discussed the Public Safety Power Shutoff program for extreme fire danger conditions. Mr. Guarino answered questions asked by Vice Mayor Rinn and Councilmember Harris. 4. CITY MANAGER COMMENTS June Catalano, City Manager, reported on: • The Citywide Garage Sale to be held on June 8, 2019; • Republic Services and Rodger's Ranch held a free compost event on June 1, 2019; • the Golden State Warriors watch party, along with Off the Grid to be held on June 5, 2019; and City Council Meeting Minutes Page 1 June 3, 2019 • the Summer Concert by the Lake with the "Unauthorized Rolling Stones" to be held on June 9, 2019. 5. COUNCIL ANNOUNCEMENTS AND REPORTS 5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense Councilmember Harris reported his attendance at the Contra Costa County Mayors' Conference. Mayor Carlson reported his attendance at the East Bay Division meeting of the League of California Cities. 5.2. Announcements from Councilmembers Councilmember Flaherty announced that Relay for Life sponsored by the American Cancer Society would be held on June 8-9, 2019. Councilmember Noack encouraged members of the public to experience Relay for Life just after sunset. Councilmember Noack reported her attendance at the Memorial Day commemoration and at the swearing in of new officers at the Pleasant Hill Police Department. Councilmember Harris reported his attendance at the Memorial Day commemoration; new officer swearing in ceremony; and the City anti-harassment training. Vice Mayor Rinn reported that he attended many of the events mentioned by the other Councilmembers including the Memorial Day commemoration and the Contra Costa County Mayors' Conference. Mayor Carlson reported his attendance at Concord Pride 2019 and at the First Five Contra Costa event. 6. PUBLIC COMMENT Mayor Carlson opened public comment. David Eklove, Pleasant Hill, expressed his concerns about the conditions on Chilpancingo Parkway which include non-operational lights. He requested that the City Council send recommendations to the Department of Public Works concerning repairs. Mayor Carlson requested that City staff investigate Mr. Eklove's concerns. Dan Safran, Keep Our Library Open, requested that the City Council place on the agenda a resolution asking the County to keep the library open until the new one is constructed. Mr. Safran expressed concern about the lack of attention to keeping the library open. Holly Burles, Pleasant Hill, expressed the importance of the Pleasant Hill library and said it would be unthinkable that the library would be closed for two years. Ms. Buries commented that City Council Meeting Minutes Pose 2 June 3. 2019 she has young children in their formative years who would be negatively impacted by the library closure. Alicia Alejo, Women's Group Gregory Gardens, expressed her concern about the recent attacks on two women by a homeless man. Ms. Alejo asked how community members could protect themselves from such attacks. Ms. Alejo said that she has a young child and is concerned about walking to nearby merchants. June Catalano, City Manager, said Police Chief Hill will be providing an update on homeless and criminal issues at the next City Council meeting. Mayor Carlson closed public comment. 7. CONSENT CALENDAR RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Harris,Councilmember SECONDER: Sue Noack,Councilmember AYES: Carlson,Rinn,Flaherty,Harris,Noack 7.1. Minutes Approval (A) City Council- Regular Meeting - May 6,2019 7:00 PM (B) City Council - Regular Meeting- May 20,2019 7:00 PM 7.2 Approve Checks Dated: May 17,2019; May 24,2019 7.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC 8. ADMINISTRATION AND FINANCE None 9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT 9.1 Public Hearing and Introduction of 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 for a recess at 8:59 p.m. Mayor Carlson reconvened the meeting at 9:10 p.m. Troy Fujimoto, Acting City Planner, provided background on the Planning Commission's recommendation regarding zoning codes related to commercial cannabis. Mr. Fujimoto explained that the City Council directed staff to modify the proposed zoning ordinance to allow City Council Meeting Minutes Page 3 June 3, 2019 up to two non-storefront or delivery only medical cannabis retailers to locate in the RB-Retail Business zoning districts with various distance provisions ("buffers") from different land uses. Mr. Fujimoto said that Council also directed staff to develop a sample business permit ordinance for discussion purposes and a comparison of the State buffers versus those recommended by the Planning Commission. Councilmembers, Mr. Fujimoto, and Janet Coleson, City Attorney, engaged in discussions concerning possible signage; usage of light industrial and other possible zoning districts; smoking ordinance language; and possible formats of a cannabis delivery only business. Mayor Carlson opened public comment. Laura del Castillo, GreenWise Legal and Garden of Eden serving Alameda County, requested that the City Council include two storefront cannabis dispensaries and explained the benefits of a storefront retailer over delivery only. She cited that a storefront retailer benefits the community and does not increase crime in the area. Bill Bankert, Pleasant Hill, said that the language in the proposed ordinance is awkward and sought clarification if it is meant to address delivery only retailers. Mr. Bankert expressed his opposition to cannabis storefront retailers in Pleasant Hill. Mayor Carlson closed public comment. Councilmembers continued their discussion about using alternative zoning districts; potential effects to traffic patterns; and ways to regulate cannabis delivery and buffers. Mayor Carlson continued this item with direction to staff as stated on the record. Janet Coleson, City Attorney,noted that the item would be continued to July 1, 2019. 9.2. Adopt Resolution No. 28-19 Requesting Membership in Marin Clean Energy, Authorizing the Mayor to Execute the Memorandum of Understanding with Marin Clean Energy, and Authorizing the City Manager, or Designee, to Execute Other Documents to Initiate Membership in Marin Clean Energy; and Introduction of Ordinance No. _ Approving the Marin Clean Energy Joint Powers Agreement and Authorizing the Implementation of a Community Choice Aggregation Program Councilmember Noack recused herself due to a potential conflict. Andrew Murray, Assistant City Manager, provided the background on community choice energy (CCE). Mr. Murray explained the services currently provided by Mann Clean Energy (MCE) to Mann and Napa counties as well as thirteen local cities and the unincorporated area of Contra Costa County. Mayor Carlson opened public comment. City Council Meeting Minutes Page 4 June 3, 2019 Shirley Shelangaski, Pleasant Hill, expressed her support for joining MCE. Mayor Carlson closed public comment. RESULT: APPROVED [4 TO 0] MOVER: Michael Harris,Councilmember SECONDER: Matthew Rinn,Vice Mayor AYES: Carlson,Rinn,Flaherty,Harris RECUSED: Noack 10. OTHER 10.1 Update from Library Subcommittee -Councilmembers Harris and Noack Councilmember Harris requested that Item 10.1 be taken out of order and heard before Items 9.1 and 9.2. Councilmember Noack provided an update on the new library construction which included parking configuration; exterior and interior renderings; and projected timeline. Councilmember Harris explained the negotiation history between the County, Pleasant Hill Park & Recreation District (Park & Rec), and the City concerning the placement of the new library, proposed housing, and ball fields. He said that the City Council did not know that the County was going to close the library early when Measure K was being voted on. Councilmember Harris noted that the City has not been in discussions with any developer and explained the reasons why the County wanted to close the library to sell its land. Councilmember Harris asked that a resolution opposing the library closure be placed as a future agenda item. Mayor Carlson opened public comment. Nancy Evans, Pleasant Hill, said that Councilmember Noack's update should have addressed the concerns of the residents about keeping the library open. She noted that Park & Rec did not discuss with the Pleasant Hill Senior Center about using it as an alternative space. Jack Prosek, Pleasant Hill, said that a six month delay would negatively impact cost and expressed the need for a revised master schedule for the library project. Mr. Prosek asked the City Council to work with the County about keeping the current library open. Teresa LaCombe, Keep Our Library Open, said she attended a Friends of the Library meeting and noted the passion of the attendees concerning the early library closure. She reported that members of the public were not aware of the early closure until petitions were circulated to keep the library open. Ms. LaCombe expressed anger at the County of their decision to sell the land for homes over keeping the current library open. She requested that the City Council work with the County and Rec& Park to keep the current library open. City Council Meeting Minutes Page 5 June 3, 2019 Andrew Barron, Pleasant Hill, said that there were no details about the County's position to sell the land and that the current library should be kept open until the new library is completed. He requested that the City Council oppose the County. Dana Simmons, Pleasant Hill,reported that the Friends of the Library will be holding a book sale of approximately 10,000 books. She said that she cannot imagine 10,000 books being moved to the Senior Center. Ms. Simmons said that members of the public are saddened about the early library closure because it is a vital community hub, especially for children and the elderly. She noted that the City and the County would fail the quality of life goal if the library closes early. Ms. Simmons expressed her support for Councilmember Harris'proposal. Karen Yapp, Pleasant Hill, requested the City Council to formally oppose the early closure of the current library. She reported that Supervisor Karen Mitchoff was dismissive at the May 18th meeting and did not address the community's concerns. Dick Offerman, Keep Our Library Open, requested that the City Council support keeping the current library open. He said that the secrecy behind the early closure is shameful and the majority of the public heard about the early closure only in March 2019. Mr. Offerman expressed his disappointment that the City cannot keep the library open. He expressed the need for total transparency concerning the library project and requested that the City Council oppose the County's decision for early closure. William Nownes, Pleasant Hill, acknowledged the work of Councilmembers Noack and Harris on the library project. He asked about the terms concerning the County gifting the land to the City. Darcy Mathews, Pleasant Hill, asked the City Council to allocate a space in the new library for the Pleasant Hill Historical Society. She expressed her concern that the configuration of the new library does not have sufficient space for the amount of books at the current library. Ms. Mathews said that parking should include spaces for larger vehicles and asked City Council stand up for the residents. Bret Baker, Pleasant Hill, said he represents the community of young families and said that the library is a sanctuary for people of all ages. He expressed sadness that certain library programs would not be available during its closure. Mr. Baker expressed his support for Councilmember Harris'proposal. Alan Bade, Pleasant Hill, said he is excited about the new library project and is involved in the process. He asked if the infrastructure savings has been quantified. Mr. Bade asked about the possibility of keeping the Pleasant Hill Middle School library open for extended hours. Shirley Shelangaski, Diablo Valley Democratic Club, said that children and senior citizens would be the most negatively impacted if the current library closes early and expressed the need for keeping it open during construction of the new library. Mayor Carlson closed public comment. City Council Meeting Minutes Page 6 June 3, 2019 Councilmember Noack addressed the public comments as follows: explanation of costs shared between the City, County and Park & Rec and the background of the lawsuit between the three parties; the numerous discussions between the City and Supervisor Mitchoffs office; the reasons behind building a new library over renovating the current library; parking space size; and that the City Council is also not happy with the early library closure. Mayor Carlson noted that libraries have evolved and are not just a warehouse for books. He said that the library staff confirmed that the new library would have sufficient space for books. He acknowledged the struggle between building the new library and keeping the current one open during construction. Councilmember Noack reported that according to the County Librarian approximately 72,000 books would be housed at the new library. Councilmember Flaherty thanked the public for speaking out on the library issue. He said that the early closure decision was not in the City Council's hands. Councilmember Flaherty noted that even if the City Council passed a resolution to keep the library open, the County is not bound by it. Vice Mayor Rinn thanked Councilmembers Harris and Noack for their integrity and keeping the interests of the City and its citizens at heart during their work on the library. Vice Mayor Rinn also thanked the members of the public for their engagement in the issue, and Patrick Remer and his staff for all of the activities at library. He expressed his unhappiness at the early closure. Councilmember Harris said that the City Council has a responsibility to the citizens and would inform the County of the concerns. He requested a resolution to keep the current library open to show the City's solidarity. Councilmember Harris asked Mayor Carlson and staff draft a resolution to keep the current library open during construction. Mayor Carlson expressed the need for all Councilmembers to speak as one voice on this issue and would follow up with staff to have a resolution by the end of July. 11. ADJOURNMENT Mayor Carlson adjourned the meeting at 9:48 PM. The next regular meeting will be held on Monday, June 17, 2019 beginning at 7:00 PM CAROL W. WU, CITY CLERK City Council Meeting Minutes Page 7 June 3, 2019