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HomeMy WebLinkAbout9-05-2023 MinutesREGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY* SEPTEMBER 5, 2023 - MINUTES CALL TO ORDER —The Closed Session meeting was called to order by Mayor Stephens at 5:00 p.m. ROLL CALL Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Absent: Council Member Harper. PUBLIC COMMENTS — NONE. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Carrin A. Leaman vs. City of Costa Mesa Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC City Council recessed at 5:02 p.m. for Closed Session. Closed Session adjourned at 5.52 p.m. CALL TO ORDER —The Regular City Council and Successor Agency to the Redevelopment Agency, and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m. NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance. MOMENT OF SOLEMN EXPRESSION — Led by Mayor Stephens. ROLL CALL Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens. Present via Zoom Webinar: Council Member Harper. Absent: None. CITY ATTORNEY CLOSED SESSION REPORT — No Reportable Action. Minutes — Regular Meeting — September 5, 2023 Page 1 of 17 PRESENTATIONS: Mayor Stephens recognized Newport -Mesa Girls Softball 10U and 12U All -Star USA Softball So Cal C District 2023 Tournament Champions. Mayor Stephens recognized September 2023 as Hunger Action Month. Mayor Stephens recognized September 2023 as National Hispanic Heritage Month. PUBLIC COMMENTS — MATTERS NOT LISTED ON THE AGENDA Speaker, spoke on a Chuck Marohn workshop and spoke on Strong Towns. Speaker, thanked the Public Works Department for improvements on Placentia Avenue and for bus stops getting repainted. TJ Kelly and Megan Robinson spoke on the care of abandoned cats and spoke in support of trap and release. Cynthia McDonald, Costa Mesa, spoke on the Environmental Impact Report for the proposed Emergency Operation Center at the Fairview Development Center property and spoke on the Fairview Park Master Plan Outreach meeting. Alex Frank, attorney representing homeowners on the Eastside, spoke on cannabis businesses in the city. Speaker, spoke on the rents being raised at mobile home parks. Juana Trejo, Costa Mesa, spoke on issues associated with homeless individuals living in the neighborhood, requested neighborhood clean ups, and spoke on stopping graffiti. Carmen Ramirez, Costa Mesa, spoke on wrongful evictions, attendance at the Fair Housing Workshop and families needing assistance. Speaker, spoke on wrongful evictions. Heather Wilson, Los Angeles, spoke against using animals at rodeos. Unity Cole spoke on gentrification, wrongful evictions, and high rents. Speaker, spoke on the Fairview Park Master Plan Outreach meeting. Kim Hendricks spoke on issues associated with the fly field at Fairview Park. Mat Garcia, President Harbor Soaring Society, spoke on working with the City on the reopening of the fly field at Fairview Park, and spoke on activities in the community. Minutes — Regular Meeting — September 5, 2023 Page 2 of 17 Written communication received from Priscilla Rocco. COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez spoke on the Back to School event at Shalimar, spoke on proper permitting for street vendors and not blocking the sidewalks, spoke on the cats and the house on W. 20th St., spoke on Assemblymember Petrie -Norris hosting another bulky item drop off day on September 9th at the Costa Mesa Senior Center, spoke on addressing homeless issues, and spoke on the high cost of housing. Council Member Gameros spoke on open green space and parks, spoke on the moving of boulders at Paularino Park, and spoke on a Community Resources and Outreach Event on Wednesday, September 6th at Paularino Park. Council Member Marr spoke on addressing issues such as housing and evictions, requested an update on Project Homekey, spoke on homelessness, spoke on contacting Network for Homeless Solutions at 714-754-5346 and costamesanhs@costamesaca.gov, spoke on funding available for a project in the Mesa Del Mar community, and spoke on addressing rodeos. Council Member Reynolds spoke on addressing housing issues, requested status on inclusionary housing and eviction ordinances, spoke on addressing barriers to resources, spoke on rental assistance programs and legal assistance programs for wrongful evictions, spoke on addressing Trap & Release for cats, spoke on the Fairview Park Master Plan outreach meeting, spoke on street improvements and proactive communication with the public, and spoke on addressing the special event permit process. Mayor Pro Tern Harlan spoke on the Fairview Park Master Plan outreach meeting and regrouping with the consultant to hold additional meetings, requested an update on Project Homekey, thanked staff for fixing potholes, spoke on the new business Napa Valley Pizza, and spoke on the Police Department addressing the queuing problems at Micro Dose. Mayor Stephens spoke on his visits to other countries and witnessing other projects such as housing for the disabled and sustainability and climate goals, spoke on the street improvements on Placentia Avenue and 19th Street, spoke on addressing rodeos at the Orange County Fair, spoke on the cats at the house on W. 20th St., spoke on the Animal Services Committee addressing Trap & Release, requested a briefing on the Fairview Park Master Plan meeting and holding an additional meeting, spoke on speaking at the Italian Catholic Federation Group event, spoke on being on a panel with Supervisor Sarmiento and Supervisor Foley on Sustainability, spoke on the State of the City on September 14th, and spoke in remembrance of Norma Hertzog and adjourning the meeting in her honor. REPORT — CITY MANAGER — Ms. Farrell Harrison spoke on bringing back updates on Project Homekey and other housing programs, and spoke on the Fairview Park Master Plan meeting. REPORT — CITY ATTORNEY — Ms. Hall Barlow spoke on her 30-year anniversary with Jones & Mayer, and wished a happy Hispanic Heritage month. Minutes — Regular Meeting — September 5, 2023 Page 3 of 17 CONSENT CALENDAR MOVED/SECOND: Council Member Chavez/Mayor Stephens MOTION: Approve recommended actions for consent calendar items 1-6 except for item number 6. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife's employment at Priceless Pets. Motion carried: 7-0 1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND RESOLUTIONS ACTION: City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions. 2. READING FOLDER ACTION: City Council received and filed Claims received by the City Clerk: Paul Breithaudt, Jeremiah Anthony Duran, Dulce Escutia, Frank Gruber, Nancy Gruber, Monterey Management, Maria Pimentel, Rinaldo Porcile, Ellen Sandler, Christine Shingleton. 3. ADOPTION OF WARRANT RESOLUTION Council Member Gameros recused himself on this item due to his wife's employment at Priceless Pets ACTION: City Council approved Warrant Resolution No. 2704. 4. MINUTES ACTION: City Council approved the minutes of the regular meetings of July 18, 2023 and August 1, 2023 and the Special Joint Study Session minutes of July 26, 2023. 5. AWARD OF THE INFORMATION TECHNOLOGY DEPARTMENT REMODELING PROJECT, CITY PROJECT NO. 22-09 ACTION: 1. City Council adopted plans, specifications, and working details for the Information Technology Department Remodeling Project, City Project No. 22-09. Minutes — Regular Meeting — September 5, 2023 Page 4 of 17 2. Authorized the City Manager and City Clerk to execute a Public Works Agreement (PWA) for construction to Builtall, 4712 East 2nd Street, #520, Long Beach, California 90803 in the amount of $255,020, plus a ten percent (10%) contingency for the PWA and also contracts referenced below for a total contingency of $42,279, and authorize a budget appropriation from available fund balances in the amount of $250,000. 3. Authorized the City Manager or designee to execute the agreements and any future amendments to the agreements including increases to the not -to -exceed amount within City Council authority. ITEMS PULLED FROM THE CONSENT CALENDAR 6. PROFESSIONAL SERVICES AGREEMENT WITH WETLANDS WILDLIFE CARE CENTER Council Member Marr spoke on the agreement. Public Comments: None. MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve staff recommendation. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Council Member Marr, Council Member Reynolds, Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: Gameros, Council Member Harper, Mayor Pro Tern Harlan, and Mayor 1. City Council approved and authorized the City Manager to execute the Professional Services Agreement (PSA) with Wetlands Wildlife Care Center (WWCC) to provide full -service trauma care, shelter services, rehabilitation and release of rehabilitated wildlife for a two-year period, with up to three one-year extensions, for a not to exceed amount of $57,000 annually. 2. Authorized a ten percent (10%) contingency annually for other unforeseen costs. 3. Authorized the City Manager or designee to execute the agreement and any future authorized amendments to the agreement. ---------------------------------------END OF CONSENT CALENDAR ---------------------------------------- PUBLIC HEARINGS: NONE (Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) Minutes — Regular Meeting — September 5, 2023 Page 5 of 17 City Council recessed into a break at 8:01 p.m. City Council reconvened at 8:16 p.m. OLD BUSINESS: 1. RECOMMENDATIONS FROM CITY COUNCIL COMMITTEE LIAISONS REGARDING CITY COMMITTEES Presentation by Ms. Green, City Clerk. Council Member Reynolds spoke on the Active Transportation Committee and requested updating the scope to support the implementation of the City's Active Transportation Program. Spoke on the Fairview Park Steering Committee and recommended no alternates, no ex-officio members, and to keep meetings every other month. Spoke on the Mobile Home Park Advisory Committee and recommended clarification on the membership: • Three Costa Mesa mobile home park owners or their representative. • Four mobile home park residents. • Two independent Costa Mesa residents at -large with no affiliation or relationship with mobile home parks. Mayor Stephens spoke on his and Council Member Harpers recommendations on the Finance and Pension Advisory Committee and accepted Council Member Harpers changes except requested to keep the following language: • No subcommittee of the Finance and Pension Advisory Committee will be formed without the approval of the City Council Liaison and the City Attorney. Public Comments: Speaker, spoke on the Active Transportation Committee creating the Active Transportation Plan, spoke in support of 9 members for the Active Transportation Committee, and requested if a member misses two consecutive meetings they are automatically dismissed. Cynthia McDonald spoke on better active transportation facilities, spoke on ad hoc committees and the work they do, and spoke on an ethics policy. Speaker, spoke in support of Council Member Reynolds recommendations for the Active Transportation Committee, recommended 4-year terms for the Finance and Pension Advisory Committee, spoke on an attendance policy, spoke on keeping meeting dates flexible per committee, suggested having consistent public comment times for all committees, suggested that committee minutes be published within 25 days after they are approved, spoke on annual reports from every committee, and spoke on subcommittees/ad hoc committees productivity. Minutes — Regular Meeting — September 5, 2023 Page 6 of 17 Speaker, spoke on flexibility for each committee, spoke on workplans being adjusted as they go along, spoke on the work being done by subcommittees, and spoke on each committee making their own recommendations on size and meeting times. Becca Walls, spoke on the start time of the Animal Services Committee at 5:30 p.m., spoke on the need for an attendance policy, and spoke on consistent speaker times. Mat Garcia, spoke in support of Council Members Chavez and Reynolds recommendations for the Fairview Park Steering Committee. Hank Castignetti, spoke on a committee handbook, and in favor of meeting monthly for the Fairview Park Steering Committee. Speaker, spoke on abolishing all committees. MOVED/SECOND: Council Member Chavez/Mayor Stephens MOTION: Approve staff recommendation with the council liaison recommendations and add 2 ex-officio/non-voting members to the Fairview Park Steering Committee, the Orange County Model Engineers and the Harbor Soaring Society. Council Member Harper requested the amendment of 4-year appointment terms to the Finance and Pension Advisory Committee. Council Member Chavez (1st) and Mayor Stephens (2nd) agreed to the amendment. Council Member Reynolds requested to remove all ex-officio/non-voting members including the Orange County Model Engineers and Harbor Soaring Society. Council Member Chavez (1st) did not agree to the change. SUBSTITUTE MOTION/SECOND: Council Member Reynolds SUBSTITUTE MOTION: Approve staff recommendation with council liaison recommendations and remove all ex-officio/non-voting members including the Orange County Model Engineers and Harbor Soaring Society from the Fairview Park Steering Committee. Discussion ensued on the Orange County Model Engineers and Harbor Soaring Society and the roles of ex-officio members on committees. Council Member Reynolds withdrew her substitute motion and requested the amendment to keep only the Orange County Model Engineers as ex-officio/non-voting member of the Fairview Park Steering Committee. Council Member Chavez (1st) and Mayor Stephens (2nd) agreed to the amendment. Council Member Reynolds requested to change the Mobile Home Park Advisory Committee terms from 2-year terms to 4-year terms. Council Member Chavez (1st) and Mayor Stephens (2nd) agreed to the amendment. Minutes — Regular Meeting — September 5, 2023 Page 7 of 17 ORIGINAL MOTION/SECOND: Council Member Chavez/Mayor Stephens ORIGINAL MOTION: Approve staff's recommendation with council liaison recommendations, change the Finance and Pension Advisory Committee appointment terms to 4-years, keep only the Orange County Model Engineers as the ex-officio/non- voting members to the Fairview Park Steering Committee, change the Mobile Home Park Advisory Committee appointments to 4-year terms, and clarified membership language. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council approved the recommendations of the City Council Committee Liaisons as follows: 1. Approved the City Council Liaisons recommendations on the Committees' Scopes of Work, including updating the Active Transportation Committee scope to support the implementation of the City's the Active Transportation program, and for the Mobile Home Park Advisory Committee clarification on the membership. 2. Streamlined all Committees to seven (7) members, through attrition as terms expire, except for the Active Transportation Committee, Mobile Home Park Advisory Committee and the Traffic Impact Fee Committee. 3.. Consented to the formation of an Ad Hoc Committee (e.g. standing committees, subcommittees, working groups) upon approval of the City Council Liaison and City Attorney. 4. Requested staff to meet with the Costa Mesa Historical Society on a potential merger of the Society and the Historical Preservation Committee. 5. Approved revised Council Policy 000.2, with City Council's recommendations to be incorporated. 6. Changed the Finance and Pension Advisory Committee appointment terms to 4- years. 7. Approved only the Orange County Model Engineers as the ex-officio/non-voting member to the Fairview Park Steering Committee, removed alternates, and kept meetings dates to once every other month. 8. Changed the Mobile Home Park Advisory Committee appointment terms to 4-years and clarified the memberships as follows: Three Costa Mesa mobile home park owners or their representative. Four mobile home park residents. Minutes — Regular Meeting — September 5, 2023 Page 8 of 17 • Two independent Costa Mesa residents at -large with no affiliation or relationship with mobile home parks. NEW BUSINESS: AUTHORIZATION OF AN ADDITIONAL PARK RANGER FOR HARPER PARK SCHOOL FIELD ACCESS AND UPDATE REGARDING ENHANCED SECURITY AT FOUR NEWPORT MESA UNIFIED SCHOOL DISTRICT FIELDS ON THE WESTSIDE Presentation by Ms. Reyes, Deputy City Manager. Discussion ensued on flexibility in the contract to allow for additional security if needed, criteria to evaluate the program, and the timing and on boarding of the security guards. Public Comments: Speaker, spoke on security during school hours and after school hours, and if the city is funding. Jenn Tanaka thanked staff for being receptive and helpful during the process and spoke on better communication. Speaker, spoke on the benefits of getting outdoors, spoke in support of the item, suggested the Council look at other parts of the city, and spoke on Paularino Park and the lack of restrooms. Written communication received from Jennifer Tanaka. MOVED/SECOND: Council Member Reynolds/Mayor Pro Tern Harlan MOTION: Approve staff recommendation and provide staff the authority to increase security at all school sites within the 6-month pilot period if needed. Discussion ensued on education, signage, and access to open space. MOVED/SECOND: Council Member Reynolds/Mayor Pro Tern Harlan MOTION: Approve staff recommendation and provided staff the authority to increase security at all school sites within the 6-month pilot period if needed. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 Minutes — Regular Meeting — September 5, 2023 Page 9 of 17 ACTION: 1. City Council authorized an increase to the City's Table of Organization by one full-time Park Ranger position in the Police Department and increased the Fiscal Year 2023-24 Adopted Budget accordingly. 2. Received and filed an update on upcoming amendments to the existing Lyons Security Services agreement to increase access to open space at up to four elementary school sites on the Westside (Rea, Wilson, Whittier, and potentially Pomona) for open space during off -school hours, as previously approved by the City Council. 3. Provided staff the authority to increase security at all school sites within the 6-month pilot period if needed. 2. COMPENSATION PLAN AND SALARY SCHEDULE REVISIONS FOR THE PARKS AND COMMUNITY SERVICES DIRECTOR CLASSIFICATION Presentation by Ms. Lee, Human Resources Manager. Public Comments: None. MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Approve staff recommendation. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council adopted Resolution Number 2023-44 revising the pay ranges for the Parks and Community Services Director. 3. REQUEST FOR CITY COUNCIL DIRECTION REGARDING THE RESEARCH FOR AND POTENTIAL DEVELOPMENT OF AMENDMENTS TO THE CITY'S CANNABIS ORDINANCES Presentation by Ms. Le, Economic and Development Services Director. Minutes — Regular Meeting — September 5, 2023 Page 10 of 17 Discussion ensued on the length of the application process, location of the stores, stores that are currently operating, how many applications are in process and a saturation point on the number of stores, researching statistics at other cities that allow retail cannabis stores, the application process and the timing of the issuance of notice to proceed, the number of delivery applications, the over concentration of alcohol permits, separation requirements, the process and payment of fees, denial of applications, refunding application fees, signage requirements, and clear direction to the Planning Commission. Public Comments: Alex Frank spoke on the cannabis businesses at Broadway and Newport Blvd. and spoke against the overconcentration of stores near homes on the eastside of Costa Mesa. Speaker, spoke in support of amending the cannabis ordinance, spoke on zoning, spoke in support of separation requirements to residential areas, and spoke on restricting the number of licenses and permits. Erik Weigand, Newport Beach City Council Member, expressed concerns on overconcentration, spoke on examining distance requirements, and spoke on the Newport Mesa Unified School District adopted resolution submitted to the City Council. Elizabeth Mosher, Costa Mesa, spoke on guidance to the Planning Commission, expressed concern on overconcentration, and spoke on clustering affecting residential areas and potential long-term effects. Speaker, spoke on her home facing a cannabis store on Cabrillo Street, indicated residential areas should be considered as a sensitive area and have separation requirements, and expressed concern on clustering. Speaker, spoke on economics and allowing the sale of cannabis, and adopting controls. Speaker, spoke on separation requirements and a 1000 ft. buffer for established residential areas, spoke on including all parks along with playgrounds, spoke on examining statistics from other cities, supports council direction on reviewing the ordinance, and spoke on oversaturation on Newport Blvd and Harbor Blvd corridors and the Broadway area. Written communications received from Cynthia McDonald and Ashley Anderson. Minutes — Regular Meeting — September 5, 2023 Page 11 of 17 MOVED/SECOND: Mayor Stephens/Mayor Pro Tern Harlan MOTION: To consider amendments to the cannabis ordinance. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council considered amendments to the cannabis ordinance. MOVED/SECOND: Mayor Stephens/Council Member Marr MOTION: Direct the Planning Commission to consider a buffer zone between stores. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens, Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to consider a buffer zone between stores. MOVED/SECOND: Mayor Stephens MOTION: To consider the cost and procedure for issuing employee badges. Ms. Farrell Harrison, City Manager, clarified that the request does not need to go before the Commission as it is separate from the ordinance. Mayor Stephens withdrew the motion. MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Direct the Planning Commission to consider a buffer zone adjacent to youth centers to be consistent with K-12 schools. Discussion ensued on the definition of a youth center. Minutes — Regular Meeting — September 5, 2023 Page 12 of 17 MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Direct the Planning Commission to consider a buffer zone adjacent to youth centers to be consistent with K-12 schools. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Council Member Marr, Council Member Reynolds, Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 Gameros, Council Member Harper, Mayor Pro Tern Harlan, and Mayor ACTION: City Council directed the Planning Commission to consider a buffer zone adjacent to youth centers to be consistent with K-12 schools. MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Direct the Planning Commission to review signage requirements and allowing the word cannabis on signage. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to review signage requirements and allowing the word cannabis on signage. MOVED/SECOND: Council Member Chavez MOTION: Direct the Planning Commission to consider reducing security guard hours to only hours of operation. The motion failed for lack of a second. MOVED/SECOND: Council Member Marr/Council Member Harper MOTION: Direct the Planning Commission to consider a buffer zone adjacent to residential areas. The motion carried by the following roll call vote: Ayes: Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: Council Member Chavez. Absent: None. Abstain: None. Motion carried: 6-1 Minutes — Regular Meeting — September 5, 2023 Page 13 of 17 ACTION: City Council directed the Planning Commission to consider a buffer zone adjacent to residential areas. MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Direct the Planning Commission to consider health warnings posted in the store and to limit packaging and marketing attractive to youth. Discussion ensued on clarifying the motion. Ms. Farrell Harrison, City Manager, clarified to explore language that prohibits the direct marketing to youth. Council Member Chavez withdrew his second. Council Member Marr requested to broadly consider policy recommendations and best practices as described in the 2023 California Local Cannabis scorecard. Council Member Reynolds restated her motion: Direct the Planning Commission to consider the recommended best practices to protect youth, reduce problem cannabis, and promote social equity as described in the Public Health Institute Cannabis scorecard. Discussion ensued on tabling the item until the next meeting. Council Member Reynolds restated her motion. MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Direct the Planning Commission to consider a policy and best practices to prohibit the direct marketing to minors. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to consider a policy and best practices to prohibit the direct marketing to minors. Mayor Pro Tern Harlan requested the following information be available to the Planning Commission when making recommendations: revenue numbers, number of calls for service, and the number of code enforcement complaints for each storefront location, and number of employees per store. Minutes — Regular Meeting — September 5, 2023 Page 14 of 17 Mayor Stephens agreed and clarified there is no need for a vote, and also to add the statistics on concentration of liquor stores, vape stores, and any legal ramifications of any of the amendments. MOVED/SECOND: Council Member Harper MOTION: Direct the Planning Commission to consider a buffer zone near businesses with a high concentration of youth, including karate studios, arts shops, and pediatric dental. The motion failed for lack of a second. MOVED/SECOND: Council Member Harper/Council Member Reynolds MOTION: Direct the Planning Commission to consider a cap on the number of stores based on data from other cities that have a longer history of allowing cannabis sales. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to consider a cap on the number of stores based on data from other cities that have a longer history of allowing cannabis stores. MOVED/SECOND: Council Member Reynolds MOTION: Direct the Planning Commission to consider a cap based on concentration similar to ABC licenses. The motion failed for lack of a second. MOVED/SECOND: Council Member Gameros/Mayor Stephens MOTION: Direct the Planning Commission to consider an enforceable labor peace agreement. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to consider an enforceable labor peace agreement. Minutes — Regular Meeting — September 5, 2023 Page 15 of 17 Council Member Gameros spoke on clarifying when and where the potential changes would apply to the applicants in the process. MOVED/SECOND: Council Member Marr/Council Member Gameros MOTION: Direct the Planning Commission to consider a prohibition of displacement of existing businesses, how they are notified, and whether relocation fees are required. The motion carried by the following roll call vote: Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tern Harlan, and Mayor Stephens. Nays: None. Absent: None. Abstain: None. Motion carried: 7-0 ACTION: City Council directed the Planning Commission to consider a prohibition of displacement of existing businesses, how they are notified, and whether relocation fees are required. ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS — NONE. ADJOURNMENT —The Mayor adjourned the meeting at 11:14 p.m. in memory of Norma Hertzog. Minutes — Regular Meeting — September 5, 2023 Page 16 of 17 Minutes adopted on this 19th day of September, 2023. John Stephens, Mayor ATTEST: Brenda GreerY, City Clerk Minutes — Regular Meeting — September 5, 2023 Page 17 of 17