Meeting Minutes of Regular Meeting of July 12, 2022, of City Council and Belmont Fire Protection District Board of Directors
City Council Chambers City Hall, One Twin Pines Lane, Belmont, California CALL TO ORDER 7:00 p.m.
ROLL CALL
COUNCILMEMBERS PRESENT: Lieberman (virtual), Stone, Hurt, McCune, Mates,
PLEDGE OF ALLEGIANCE
Led by Mayor Mates.
REPORT FROM CLOSED SESSION
City Attorney Rennie stated that there is no closed session on the agenda.
SPECIAL PRESENTATIONS
Mayor to Administer Attorney's Oath to Belmont Resident Gabrielle Sue Mayor Mates administered the oath to Ms. Sue.
Fire Prevention Update
Deputy Fire Chief Marshal provided an update on fire prevention efforts by the San Mateo County Consolidated Fire and outlined new legislation governing fire preparedness. He described resources available to the public to plan for fire prevention.
In response to Councilmember McCune Deputy Fire Chief Marshal stated that a grant application was submitted and would include fuel reduction efforts in city park areas and City owned property including thinning and removal of nonnative fire fuel and creating firebreaks in defensible fire zones.
In response to public comment from Dipendra Sinha, Deputy Fire Chief Marshal stated that the number of alarms corresponds to the number of resources that are deployed to a fire.
Parks Make Life Better
Mayor Mates read the proclamation.
Michael Moran, Parks and Recreation Staff Member, thanked the Council for recognizing Parks and the positive impact they have in the community.
RECESS: 7:35 PM
RECONVENE: 7:40
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Michael Craig, commented on traffic impacts in the Sterling Downs area as a result to proposed housing plans.
“Call-in-User” commented on off-leash hours at Barrett Community Center and opposition to a proposed structure on Folder Drive.
Bhushhan Gupta, commented on potential traffic issues on Oxford Way as a result of proposed housing plans.
COUNCILMEMBER ANNOUNCEMENTS
Councilmember Lieberman stated that SVCW Chief Operating Officer Monte Amamoto was appointed to the State Water Resources Control Board Wastewater Certification Advisory Committee as subject matter expert. He announced a seven-partner agency study on reusing purified water thru the treatment plant to portable water.
Councilmember Stone announced the final series of Concerts in the Park sponsored by the Belmont Park Boosters.
Councilmember McCune stated that the Council received a voluminous number of emails in regard to items on the agenda, he clarified that he may have sent inaccurate standardized responses to some recipients.
Mayor Mates announced that the Alameda Corridor Project was included and announced in the CA State Budget. The Project was awarded $3.2 million dollars and will be applied to traffic relief in the four corners of San Carlos and Belmont corridor area. She thanked Senator Kevin Mullin for championing the project. She announced upcoming community events.
CONSENT BUSINESS
Resolution 2022-073 finding that the COVID-19 statewide emergency remains in effect and that state and local officials continue to recommend measures to promote social distancing and directing the Council’s Citizen Advisory Bodies to make consistent findings Resolution 2022-074 accepting work and authorizing the issuance of a Notice of Completion to EPS, Inc., dba Express Plumbing for the Sanitary Sewer Easement Rehabilitation Project, City Contract Number 2019-574, for a final construction cost of $3,137,595.09.
City Clerk Plut that noted email correspondence was received for items not on the agenda.
ACTION: on a motion made by Councilmember Stone and seconded by Councilmember Hurt the consent business was unanimously approved by a roll call vote. (5-0)
PUBLIC HEARINGS
Commercial Cannabis Overlay Zone Amendments
Community Development Director de Melo stated that the Council has before them a first reading of a Belmont Zoning Ordinance (BZO) and Basemap Amendments for Commercial Cannabis Overlay and recommendations from the June 7, 2022 Commission meeting. He explained that in 2016 California passed Proposition 64 to legalize cannabis. He noted that Council in 2017 adopted an ordinance prohibiting commercial cannabis in Belmont, He stated that in 2021 Council considered option for diversifying revenues and began a review of Local Cannabis policy framework. He explained that in April of 2022 Council reviewed zoning overlay district models and Conditional use permit (CUP) performance requirements and development standards. He noted that the City is in the initial steps of developing a land use ordinance and identified Council direction from earlier study sessions.
He summarized the proposed Belmont Zoning Ordinance Modifications and explained the overlay zoning map identifying cannabis distribution along El Camino Real, on east and west side fronting properties - with the exception of properties located in the Belmont Village Specific Plan (S-3 Cannabis Retail & Distribution Combining District) a portion of Ralston Avenue east of the Caltrain station to Granada Street, along a portion of west side Old County Road (OCR) from Masonic Way to the 700 Block of OCR, and along a portion of both east and west side Old County Road from Ralston Avenue (going south) to the southern border (of San Carlos).
He stated that the S-4 Cannabis Distribution Combining District is exclusively located along the west side of Old County Road (OCR) from the 700 Block to the northern border (of San Mateo) and includes all properties along Shoreway Road. He explained development regulations noting that the cannabis facility must be at least 600 feet from schools and other cannabis uses and 100 feet from operational childcare centers and parks. He provided an overview of performance standards related to the conditional use permit. He identified the Planning Commission recommendations for Council consideration.
He noted that the Commission provided three areas of preference for Council to reconsider. He explained that all areas on both sides of Ralston Ave (noted as Area 1) from Old County (OCR) Road to Granada Avenue were top priority to be reconsidered. He further explained that the Commission recommended reconsideration of the S-4 distribution and S-3 retail areas (noted as Area 2) along north OCR. Thirdly a recommendation to reconsider the south OCR properties (noted as Area 3). He noted that the Commission did not recommended reconsideration to the areas along the El Camino Real.
City Attorney clarified that the proposed ordinance requires a cannabis retail uses to be at least 600 feet from other cannabis retail use but does not require cannabis retail uses to be at least 600 feet from cannabis distribution uses.
In response to Councilmember Stone, City Attorney clarified that depending on the changes that the Council may propose that the item may again need to come before the Planning Commission.
In response to Councilmember McCune questions, Mr. de Melo clarified that only the west side Old County Road are proposed for retail and distribution.
In response to Councilmember Hurt, Mr. de Melo confirmed that cannabis delivery in Belmont is allowed. He explained that the Planning Commission considered eliminating overlays districts on zones 1, 2, and 3 and changing buffer areas which would zone out certain areas. City Attorney stated that if a city does not alter state land use regulations the state regulations apply. He noted that local jurisdictions can place uses closer to each other than that of state regulations.
In response to Councilmember Hurt, Police Chief Stenquist explained that the Police department began research at the local and out of county areas that provide high end cannabis services and determined there is minimal impact on services. He noted that the department is working on security plans and procedures and noted that all applications will be vetted by the department.
In response to Councilmember Lieberman, Mr. de Melo confirmed language in the ordinance related to cannabis retail distance from schools at 600 feet, childcare centers and parks at 100 feet and no regulation in the vicinity of a muti-family living complex.
Mayor Mates opened the item for public comments, forty individuals came forward to speak, additionally numerous email comments were provided to Council since the posting of the agenda.
RECESS: 10:05 PM
RECONVENE: 10:13 PM
Councilmember discussion ensued.
Councilmember Stone clarified that Carlmont shopping center was not considered as a dispensary location due to its 600-foot vicinity to schools. He stated that he could support dispensaries along El Camino Real and distribution on the east side of 101. He noted that the area is currently commercial and in close vicinity to the Belmont police department.
Councilmember Lieberman stated that his approach to cannabis in Belmont is conservative and supports reconsidering the areas proposed for cannabis dispensaries and distribution. He noted that Belmont is not a wealthy City but he does not concur with the necessity of cannabis as a revenue source.
ACTION: On a motion made by Councilmember Stone the meeting was extended for 30 minutes by a roll call vote. (5-0)
Councilmember Liberman stated that he does not support cannabis in the vicinity of where children are present including single and multi-family dwellings. He stated that the most appropriate location for cannabis retail is in commercial areas. He noted that with current development on El Camino Real cannabis retail is also not a good fit. He concluded stating that Belmont does not have a need for Cannabis retail.
Councilmember McCune stated that he has not come to a conclusion on the item and deferred to further Council discussion.
Councilmember Hurt stated that she supports the importance of maintaining public safety and a healthy community. She noted that meeting the needs of the community can be met, she noted that she would entertain more information on controls. She explained that she does not support cannabis in major school thoroughfares and locations near daycare centers. She supports planning commission recommendation of removing location 1, 2 and 3. She concurs with one rather than three retails locations. She does not support the Davis Drive or Carlmont Shopping Center.
Councilmember Stone suggested more community engagement and input on the item.
Councilmember Mates stated that she could support tabling cannabis establishments in Belmont.
ACTION: Councilmember Stone provided a motion to table the item and direct staff to conduct further community outreach for a broader understanding of community needs seconded by Councilmember Hurt.
ACTION: Councilmember Lieberman offered a substitute motion to remove areas 1, 2, and 3 from consideration from cannabis retail and distribution, seconded by Mayor Mates and approved by a roll call vote. (5-0)
ACTION: A motion made by Councilmember Stone and seconded by Councilmember Hurt to table the item and direct staff to conduct further community outreach for a broader understanding of community needs was approved by roll call vote. (5-0).
ACTION: On a motion made by Councilmember Stone the meeting was extended for 60 minutes by a roll call vote. (5-0)
GENERAL BUSINESS
Review and Adoption of the Parks, Recreation, and Open Space Master Plan Parks and Recreation Director Shearer explained that before the Council is a draft Parks and Recreation Open Space Master Plan which frames the plan for the future development and improvement of the City’s outdoor recreational spaces. She noted that the plan is the culmination of over 18 months of work by the community and City Consultants Gates and Associates and WRA Environmental. She noted that the Parks and Recreation Commission reviewed the draft master plan and with minor adjustments recommends the plan to Council for consideration and approval.
Linda Gates, City Consultant, Gates and Associates provided an overview of the master plan process, findings and recommendations. She explained that the plan is a high-level master plan outlining the vision and providing guidelines for implementation over the next fifteen years.
John Baas, City Consultant, Project Manager for the Open Space Management Plan (WRA) provided an overview of the open space management plan and process. He noted that the document will serve as a framework for the City to manage it’s open space areas. The plan identifies the objectives, policies and implementation actions for a number of categories including sentimental sustainability, balanced recreation use, and natural hazard mitigation. He noted key findings that the conclude that the overall habitat quality in the open space is high. He noted that existing naturebased recreational uses can continue on existing mapped and established, and previously unmapped trails and the City should continue wildfire fuel reduction efforts.
Mayor Mates opened the item for public comments, nineteen individuals came forward to speak, additionally numerous email comments were provided since the posting of the agenda.
ACTION: On a motion made by Councilmember Stone the meeting was extended for 30 minutes by a roll call vote. (5-0)
Public comment continued.
ACTION: On a motion made by Councilmember Stone and seconded by Councilmember Hurt in consideration of the late hour the item was continued a subsequent meeting by a roll call vote. (5- 0)
BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
None
Verbal report from City Manager
City Manager Oskoui introduced Interim Assistant City Manager Stacey Stevenson who will be assisting the City with organizational matters.
MATTERS OF INTEREST/CLARIFICATION
None
ADJOURNMENT at this time being 12:25 am
Jozi Plut
City Clerk