City Council Meeting

CITY OF GALT MINUTES REGULAR CITY COUNCIL MEETING Council Chambers, 380 Civic Drive, Galt, California Tuesday, December 20, 2016 The Mayor called the meeting to order at 9:00 am. Council Members present: Crews, Heuer, Campion, Lampson and Powers. Staff members present: City Manager Palazzo, City Clerk Settles, City Attorney Rudolph, Human Resources Administrator Islas, Community Development Director Erias, and Chief Sockman. ADJOURNED TO CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to and under the authority of Government Code Section 54957.6 AGENCY NEGOTIATORS: Steve Rudolph, City Attorney and Paula Islas, Human Resources Administrator EMPLOYEE ORGANIZATIONS: Galt Police Officers Association (GPOA), Galt Public Service Unit (GPSU), Galt Police Department Civilians Association (GPDCA) Unrepresented Employees. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Government Code section 54956.9(d)(4). Initiation of litigation – one potential case. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code section 54956.8 Property: Vacant lot at NE corner of 4th and B Streets (APNs 150-0185-011, 12 and 13) Agency Negotiator: Eugene M. Palazzo, City Manager Negotiating Parties: John Cicerone, CFY Development, Inc. Under Negotiation: Price and terms of sale RECONVENED TO OPEN SESSION: The Council reconvened to open session at 10:00 am at which time the City Attorney announced there was no reportable action. The meeting was called to order at 10:00 am by the Mayor. Council Members present: Crews, Heuer, Campion, Lampson and Powers. GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 2 Staff members present: City Manager Palazzo, City Clerk Settles, City Attorney Rudolph, Community Development Director Erias, Finance Director Boyd, Human Resources Administrator Islas, Chief Sockman and Public Works Director Winkler. Absent: Parks & Recreation Director Solis. OPENING CEREMONIES - Silent prayer was observed, the flag salute was recited and the City Clerk read the video statement. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS – Powers moved Item M1 before the regular calendar. PRESENTATIONS: None. PUBLIC COMMENTS - The Clerk announced that members of the audience could address the council on any matter which is not on the agenda but within the subject matter jurisdiction. She advised the location of the speaker sheets, asked that speaker sheets be presented to the clerk prior to addressing council and advised that each person would have a five-minute time limit to speak. CONSENT CALENDAR - Consisting of Items 1 through 6. 1. SUBJECT: Minutes of the regular meeting of December 6, 2016. RECOMMENDED ACTION: Accept the minutes as submitted. 2. SUBJECT: Receive and File Warrants. RECOMMENDED ACTION: Receive and file warrants for the period ending December 13, 2016. 3. SUBJECT: Media Control Room Creston Cardframe and Outboard Devices. RECOMMENDED ACTION: Authorize the purchase of Creston Cardframe and Outboard Devices. 4. SUBJECT: Raney Planning and Management Contract for Services, City Initiated Annexation Project. RECOMMENDED ACTION: Adopt Resolution No. 2016-78 authorizing the City Manager to enter into a contract with Raney Planning and Management for planning services and to complete required environmental documents for the City initiated annexation project. 5. SUBJECT: Livestock Grazing Lease for Hauschildt Property. RECOMMENDED ACTION: Adopt Resolution No. 2016-79 authorizing the City Manager to enter into a new five (5) year lease with B & J Dairy, for grazing purposes at the City-owned Hauschildt Property located on McKenzie Road, commencing January 1, 2017 through December 31, 2022. 6. SUBJECT: Ratification of Ordinance No. 16 of the Cosumnes Community Services District Adopting the 2016 Edition of the California Fire Code. RECOMMENDED ACTION: Adopt Resolution No. 2016-80 ratifying Ordinance No. 16 of the Cosumnes Community Services District which adopts by reference the 2016 California Fire Code (based on the 2015 Edition of the International Fire Code) including local amendments thereto. ACTION: Upon a motion by Crews, seconded by Heuer, the consent calendar was approved by a unanimous roll call vote. GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 3 CITY CLERK’S REPORT: 1. SUBJECT: Consideration of Appointment of Representation to City Council Committees, Commissions, and Boards. RECOMMENDED ACTION: Review the Committees/Commissions/Boards Matrix and receive direction from City Council to consider appointments or reappointments to vacant positions on local committees, commissions and boards. Settles gave the agenda report. Campion appointed Randy Shelton and Lampson appointed Richard Tellyer to the Public Safety Committee with terms ending December 2020. Campion appointed Doug Cannell and Lampson appointed Paul Sandhu to the Planning Commission with terms ending December 2020. Lampson appointed Janice Williams to the Parks & Recreation Commission with the term ending December 2020. Campion asked to bring back his appointment at the next meeting. Campion appointed John Gordon and Lampson appointed Tracie Cross to the Galt Youth Commission with terms ending December 2020. Campion appointed Robert Balliet and Lampson appointed Bruce Erickson to the Commission on Aging with terms ending December 2020. Campion appointed Amy Sandhu and Lampson appointed Barbara Payne to the Beautification Committee with terms ending December 2020. ACTION: Upon a motion by Campion, seconded by Heuer, appointing Ida Denier and Erich Shiners to the Historic Preservation Advisory Committee, with terms expiring December 2019, was approved by a unanimous roll call vote. ACTION: Upon a motion by Campion, seconded by Crews, appointing Fred Goethel to the Sacramento Yolo Mosquito & Vector Control District, with a term expiring December 2018, was approved by a unanimous roll call vote. Heuer suggested removing the alternate positions from the City created committees/commissions/boards. Council concurred and directed staff to bring back for action. SCHEDULED MATTERS - PUBLIC HEARING: None. REGULAR CALENDAR: CITY COUNCIL’S OFFICE: 1. SUBJECT: Discretionary Funds – Heuer. RECOMMENDED ACTION: Approve the allocation of $1,000 for the Lincoln Highway Markers Project from Council Member Heuer’s discretionary funds in the FYE 2017 budget. GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 4 ACTION: Upon a motion by Heuer, seconded by Powers, allocating $1,000 for the Lincoln Highway Markers Project from Council Member Heuer’s discretionary funds in the FYE 2017 budget was approved by a unanimous roll call vote. CITY ATTORNEY’S OFFICE: 2. SUBJECT: Ordinance Repealing Chapter 2.80 of the Galt Municipal Code regarding the Relocation Appeals Board. RECOMMENDED ACTION: Introduce Ordinance No. 2017- 01 repealing Chapter 2.80 of the Galt Municipal Code, titled “Relocation Appeals Board”, waive the full reading of the ordinance, and continue to the next regular meeting. Rudolph gave the agenda report. ACTION: Upon a motion by Crews, seconded by Heuer, introducing Ordinance No. 2017-01 was approved by a unanimous roll call vote. 3. SUBJECT: Regulation of Marijuana. RECOMMENDED ACTION: Consider modifications to the Galt Development Code to regulate the personal, medical, and commercial use of marijuana, including requiring an indoor cultivation permit prior to allowing residents to cultivate up to six plants within structures on their property. Rudolph gave the agenda report. Rudolph said staff recommended banning outdoor cultivation and requiring a permit for indoor cultivation. Powers expressed concern with the enforcement of a permit. Campion stated he does not believe the concept of a permit would work. He suggested developing safe regulations and providing the information to the community. Campion asked if accessory structures were addressed in Proposition 64 and Rudolph replied accessory structures were allowed under the current interpretation. He anticipated further clarification would be forthcoming as it relates to using an accessory structure for indoor cultivation. Unknown person objected to inside growing and said he should have the right to cultivate in his own backyard. Heuer was concerned with using a permit to regulate indoor cultivation. She asked if outdoor cultivation was allowed and Rudolph responded it was not mandated under Proposition 64 and left under the City’s discretion. Powers believed the public should be allowed to grow outdoors. Crews wanted to prohibit outdoor cultivation. Heuer said if the City must allow up to six plants, she wanted to encourage outdoor cultivation and include educating the public concerning indoor cultivation. Powers and Heuer shared the same safety concerns with indoor cultivation. Campion wanted to regulate indoor cultivation, include the use of accessory structures, provide information to the property owners and leave outdoor growing un-mandated. Rudolph asked if Council desired to give any direction by consensus. Powers said she was leaning in Campion’s direction and Heuer replied she was not ready to give direction. 4. SUBJECT: Urgency Interim Ordinance Imposing a Moratorium of all Commercial Marijuana Land Uses and all Marijuana Cultivation. RECOMMENDED ACTION: Adopt Urgency Interim Ordinance No. 2016-13 imposing a moratorium on all commercial marijuana land uses and all marijuana cultivation. GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 5 Rudolph gave the agenda report. Campion asked if the urgency interim ordinance disallowed the growing of the six indoor plants and Rudolph said that was correct. Rudolph added that Proposition 64 allowed cities time to develop regulations for indoor cultivation. He said the ordinance would be in place for forty-five days and he would recommend extending it at the January 17 meeting for ten months. Rudolph said the extension would allow Council time to develop regulations and policy. Roy commented on Proposition 64. ACTION: Upon a motion by Lampson, seconded by Crews, adopting Urgency Interim Ordinance No. 2016-13 was approved by a unanimous roll call vote. CULTURE AND RECREATION DEPARTMENT: 5. SUBJECT: Barbara Payne Community Garden at Harvey Park; Adoption of Garden Rules and Direction on Proposed Eagle Scout Trellis Project. RECOMMENDED ACTION: 1) Adopt Resolution No. 2016-81 establishing the rules for the use of the Barbara Payne Community Garden at Harvey Park and 2) Provide direction to staff regarding the proposed Eagle Scout Trellis Project. Erias gave the agenda report. Heuer would like the garden to become self-sustaining and Erias responded that was the goal of the fee structure. ACTION: Upon a motion by Crews, seconded by Heuer, adopting Resolution No. 2016-81 and waiving the building permit fee for the Eagle Scout Trellis Project was approved by a unanimous roll call vote. FINANCE DEPARTMENT: 6. SUBJECT: City of Galt Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016; Memorandum on Internal Control and Required Communications for the Year Ended June 30, 2016; and Independent Accountant’s Report on Compliance with Proposition 111 2015- 2016 Appropriations Limit Increment. RECOMMENDED ACTION: Accept the City of Galt Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016; Memorandum on Internal Control and Required Communications for the Year Ended June 30, 2016; and Independent Accountant’s Report on Compliance with Proposition 111 2015-2016 Appropriations Limit Increment. Boyd gave the agenda report. She introduced Katherine Yuen, Maze and Associates, who gave the presentation. Campion asked if the auditors acknowledged and recognized AB3773 and the restrictions that were imposed as part of the audit. Yuen said they were fully aware of it. ACTION: Upon a motion by Heuer, seconded by Crews, accepting the City of Galt Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016; Memorandum on Internal Control and Required Communications for the Year Ended June 30, 2016; and Independent GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 6 Accountant’s Report on Compliance with Proposition 111 2015-2016 Appropriations Limit Increment was approved by a unanimous roll call vote. PUBLIC WORKS DEPARTMENT: 7. SUBJECT: Award of Contract for the C Street/Central Galt Complete Streets Project. RECOMMENDED ACTION: Approve Resolution No. 2016-82 to: 1) Authorize the City Manager to execute a contract with George Reed, Inc. for the construction of the C Street/Central Galt Complete Streets Project (CIP #50H); and 2) Authorize the City Manager to execute a deductive change order in the amount of $803,033.15; and 3) Authorize a construction contingency amount of $244,912.40; and 4) Authorize the City Manager to execute contract change orders within the approved project contingency; and 5) Authorize the Public Works Director to accept the improvements and issue the Notice of Completion upon satisfactory completion of the work. Winkler gave the agenda report. Campion asked about the Fourth Street parking lot and Winkler said staff was looking for alternative funding. ACTION: Upon a motion by Heuer, seconded by Crews, adopting Resolution No. 2016-82 was approved by a unanimous roll call vote. COMMUNICATIONS: None. CITY CLERK'S REPORT: 2. SUBJECT: Review Council Appointments to Regional Boards, Commissions and Committees. RECOMMENDED ACTION: Review Council appointments to regional boards, commissions and committees and consider taking the following actions: 1) Fill vacancies on the Galt Youth Commission, Shop Local Committee, Sacramento Area Council of Governments (SACOG), Sacramento Metropolitan Air Quality Management District (SacMetro AQMD) Sacramento Public Library Authority, South Sacramento Conservation Agency; and 2) Consider filling any assignments where Council Members desire to be removed from a current position; and 3) Consider making any other changes to assignments as desired by the City Council. Settles gave the agenda report. ACTION: Upon a motion by Crews, seconded by Heuer, appointing Lampson to the Galt Youth Commission, Heuer to Shop Local Committee, Heuer to SACOG as the alternate, Heuer to Metro Air as the alternate, Heuer to the Public Library Authority, Campion as member, Lampson as alternate to the South Sacramento Conservation Agency and contacting the City of Folsom and the City of Rancho Cordova concerning Heuer’s interest in serving as the representative on the Sacramento Metropolitan Cable Television Commission was approved by a unanimous roll call vote. 3. SUBJECT: City Council Meetings. RECOMMENDED ACTION: Consider earlier start time for City Council meetings. Settles gave the agenda report. GALT CITY COUNCIL MINUTES REGULAR MEETING OF DECEMBER 20, 2016 PAGE 7 Heuer preferred a 1:00 pm start time with closed session prior to the meeting. Campion recommended testing the suggested earlier start time by Heuer through July and brought back for review the first meeting in August. Bonnie Rodriguez said parking would be issue due to the Galt Market. Powers suggested blocking off some parking for the council meeting. ACTION: Upon a motion by Campion, seconded by Heuer, adjusting the second regular monthly city council meeting start time to begin at 1:00 pm through July 18, 2017, amending the Council Procedural Guidelines to reflect the change at the next regular meeting and bringing back the item for review at the August 1, 2017 meeting was approved by a roll call vote with Lampson dissenting. COMMENTS BY STAFF: Palazzo announced the promotion of Erias as the Community Development Director. Sockman reported the toy drive was successful and thanked Cosumnes Fire Department for their assistance. Sockman said the Police Awards went well and thanked those for attending the annual event. Palazzo said the Delta College North Campus Project was placed on hold indefinitely. Heuer recommended not spending any more time on the project. COMMENTS BY CITY COUNCIL MEMBERS/FUTURE AGENDA ITEMS: VICE-MAYOR CREWS: enjoyed the Galt Community Dinner, the Senior Luncheon and Citizens Assisting in Police Services (CAPS) Dinner. COUNCIL MEMBER HEUER: said the Police Awards Banquet went very nice and congratulated Sergeant Chris Smith for Police Officer of the Year. She explained her reasons for voting no on the recent election of mayor and vice-mayor. Heuer attended the Employee Appreciation Luncheon. COUNCIL MEMBER CAMPION: said the Galt Community Dinner was good and well attended. COUNCIL MEMBER LAMPSON: enjoyed the Galt Community Dinner and the Senior Luncheon. MAYOR POWERS: thanked the City for supporting the Senior Luncheon. She appreciated the Galt Community Dinner and the CAPS Dinner. There being no further business to come before council, the mayor adjourned the meeting at 12:22 pm. Respectfully submitted, Donna Settles City Clerk