City Council

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Ave Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, May 16, 2017 12:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Coursey called the meeting to order at 12:06 p.m. Council Member Sawyer joined the meeting at 12:28 p.m. Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer and Council Member Tom Schwedhelm 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION 3.1 REVIEW OF FISCAL YEAR 2017-18 DEPARTMENT BUDGET REQUESTS, CAPITAL IMPROVEMENT PROGRAM FUNDING REQUESTS, AND COMMUNITY PROMOTIONS FUNDING REQUESTS This is the second of two budget Study Sessions where the City Council will be presented with an overview of the funding requests for FY 2017-18. These Study Sessions are held in advance of the Budget Hearings in June to allow the City Council ask questions, provide direction, and gain a full understanding of the funding requests that will be before them for formal adoption in June. Information and department budgets will be presented in the following order: May 9, 2017 • Budget Overview • New City Initiatives • Measure O General Fund Baseline and Measure O Fund • City Council • Community Promotions • City Manager’s Office • City Attorney’s Office • Office of Community Engagement City of Santa Rosa Regular Meeting Minutes Page 2 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 • Finance/Non-Departmental • Information Technology • Planning and Economic Development May 16, 2017 • Human Resources • Recreation and Parks • Fire • Police • Housing and Community Services • Transportation and Public Works • Santa Rosa Water • Capital Improvement Program Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation Presented by Deborah Lauchner, Chief Financial Officer. PUBLIC COMMENT Duane DeWitt spoke in support of the Roseland Creek Park. Shirley Cneal spoke in support of the homeless programs and the Roseland Library. Samuel Cox spoke in support of the homeless programs. Carol Taylor spoke in support of free public transportation for students. Linda Garcia spoke in support of the Roseland Library. Minona Heaviland spoke in support of upgrading infrastructure. Norma Doyle spoke in support of the Roseland Library. Carl Jackson spoke in support of the Roseland Library. City of Santa Rosa Regular Meeting Minutes Page 3 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 Adrienne Lauby spoke in support of the Roseland Library and the homeless programs. Steve Birdlebough spoke in support of free public transportation for students. Jazmin Escandon spoke in support of free public transportation for students. Kenny Bilecki spoke in support of free public transportation for students. Davin Cardenas spoke in support of free public transportation for students. David Hoffman spoke in support of free public transportation for students. Enrique Yarce spoke in support of free public transportation for students. Shelly Browning spoke in support of public banking. 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 5. PROCLAMATIONS/PRESENTATIONS 5.1 PRESENTATION - WATER-USE EFFICIENCY POSTER CONTEST Presented by Rhianna Frank, Research and Program Coordinator. 5.2 PRESENTATION - 123rd ANNUAL LUTHER BURBANK ROSE PARADE & FESTIVAL Presented by Judy Walker, Parade Manager of the Luther Burbank Rose Parade. PUBLIC COMMENT City of Santa Rosa Regular Meeting Minutes Page 4 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 Peter Tscherneff spoke in support of the presentation. 5.3 PROCLAMATION - PEACE OFFICER’S MEMORIAL DAY Attachments: Proclamation Council Member Schwedhelm presented the proclamation to Hank Schreeder, Police Chief and team. PUBLIC COMMENT Peter Tscherneff spoke in support of the proclamation. Council Member Combs left meeting at 5:17 p.m. 6. STAFF BRIEFINGS 6.1 ECO2SCHOOL PROGRAM WALKING AUDIT The City of Santa Rosa Transportation and Public Works Department, in partnership with the County of Sonoma Department of Health Services, has been working with Montgomery High School’s Sustainable Practice class. Staff and the class conducted a walking audit around the school to identify potential infrastructure improvements and the students will report on what they considered their high priority measures. Attachments: Presentation Presented by Amy Jolly, Program Manager for the Center for Climate Protection, along with Celeste Palmer and Michael Rattu, Montgomery High School students and volunteers of the ECO2School Program. Mayor Coursey recessed the meeting at 5:40 p.m. and reconvened at 5:59 p.m. All Council Members were present, with the exception of Council Member Combs. 7. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 8. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9. MAYOR'S/COUNCILMEMBERS’ REPORTS City of Santa Rosa Regular Meeting Minutes Page 5 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 The Mayor and Council Members made announcements and reports of interest to the Council. Council Member Rogers announced his appointment of Hillary Younglove to the Arts and Public Places Committee. Mayor Coursey announced his appointment of Council Member Rogers as alternate for Groundwater Sustainability Agency. 9.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 9.1.1 Council Subcommittee Reports Council Member Rogers provided a brief report on the Long Term Finance Policy and Audit Committee. 9.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 9.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.1.4 Association of Bay Area Governments (ABAG) 9.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.1.6 Sonoma Clean Power Authority (SCPA) Council Member Rogers provided a brief report. 9.1.7 Sonoma County Waste Management Agency (SCWMA) 9.1.8 Other 10. APPROVAL OF MINUTES - NONE. 11. CONSENT ITEMS Approval of the Consent Agenda A motion was made by Vice Mayor Tibbetts, seconded by Council Member Olivares, to waive reading of the text and adopt Consent City of Santa Rosa Regular Meeting Minutes Page 6 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 Items 11.1 and 11.2. The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm Absent: 1 - Council Member Combs City of Santa Rosa Regular Meeting Minutes Page 7 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 11.1 RESOLUTION - TRANSFER OF REAL PROPERTY INTERESTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY 12 RECOMMENDATION: It is recommended by the Department of Transportation and Public Works that the Council, by resolution, approve the conveyance of those certain real property interests herein as identified along State Highway 12, some by fee and some by easement, to the State of California Department of Transportation (Caltrans) and authorize the Mayor to execute all necessary and appropriate documents, including grant deeds of conveyance, to complete the transfer. Attachments: Staff Report Attachment 1 Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-072 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE TRANSFER OF REAL PROPERTY INTERESTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY 12 11.2 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT WITH FCS INTERNATIONAL, INC. FOR PREPARATION OF EIR - ELNOKA CONTINUING CARE RETIREMENT COMMUNITY RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution: 1) waive the competitive selection process in Council Policy 600-01 in the best interests of the City; and 2) approve the Professional Services Agreement with FCS International, Inc. of Irvine, California in an amount not to exceed $303,400 for preparation of the Elnoka Continuing Care Retirement Community Environmental Impact Report. Attachments: Staff Report Resolution Exhibit A (fully executed uploaded 5/23/2017) Presentation This Consent - Resolution was adopted. City of Santa Rosa Regular Meeting Minutes Page 8 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 RESOLUTION NO. 2017-073 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA WAIVING COMPETITIVE SELECTION PROCESS AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FCS INTERNATIONAL, INC. FOR PREPARATION OF THE ELNOKA CONTINUING CARE RETIREMENT COMMUNITY ENVIRONMENTAL IMPACT REPORT, FILE NO. ST17-003 12. PUBLIC COMMENT ON NON-AGENDA MATTERS Anne Seeley spoke in support of Measure C from the June 6, 2017, Special Municipal Election. Colleen Fernald spoke regarding a personal experience of loss. Adrienne Lauby spoke in support of Measure C from the June 6, 2017, Special Municipal Election. Thomas Ells spoke in support of a safe parking program. 13. REPORT ITEMS - NONE. 14. PUBLIC HEARINGS 14.1 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR FLEURON INC. MEDICAL CANNABIS COMMERCIAL CULTIVATION FACILITY - LOCATED AT 60 MAXWELL COURT - FILE NO. CUP16-087 BACKGROUND: On March 9, 2017, the Planning Commission approved (4-1) the Conditional Use Permit requested by Fleuron Inc., to operate a medical cannabis commercial cultivation facility within the existing 10,972 square-foot building located at 60 Maxwell Court. On March 20, 2017, Mr. Richard Deringer filed an Appeal application requesting the City Council overturn the Planning Commission’s decision and deny the conditional use permit. RECOMMENDATION: It is recommended by the Planning Commission and the Planning and Economic Development Department that the Council, by resolution, deny the appeal and uphold the Planning Commission’s approval of a Conditional Use Permit to allow a medical cannabis commercial cultivation facility within an existing 10,972 City of Santa Rosa Regular Meeting Minutes Page 9 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 square-foot building located at 60 Maxwell Court. Attachments: Staff Report Attachment 1 - Disclosure Attachment 2 - Appeal Form and Attachments Attachment 3 - Location Map Attachment 4 - General Plan Land Use Attachment 5 - Zoning Map Attachment 6 - Vicinity Aerial Attachment 7 - Project Statement (Dated January 31, 2017) Attachment 8 - Project Statement and Information (Dated December 8, 2016) Attachment 9 - Site Aerial Attachment 10 - Proposed Site Plan (Dated January 31, 2017) Attachment 11 - Proposed Floor Plan (Dated January 31, 2017) Attachment 12 - Site Analysis Attachment 13 - PC Staff Report Packet 3-9-17 Attachment 14 - Draft PC Minutes 3-9-17 Attachment 15 - PC Resolution 11819 Attachment 16 - Correspondence Resolution Exhibit A Presentation Presented by Andy Gustavson, Senior Planner. Patti Cisco, Chair of Planning Commission, spoke in support of applicant and recommended to deny the appeal. Richard Deringer, appellant, spoke in support of the appeal. Brandon LeVine, applicant, spoke in support of denying the appeal. Council Member Rogers disclosed ex parte communication. Council Member Schwedhelm disclosed ex parte communication. Vice Mayor Tibbetts disclosed ex parte communication. Council Member Sawyer disclosed ex parte communication. Council Member Olivares disclosed ex parte communication. Mayor Coursey disclosed ex parte communication. City of Santa Rosa Regular Meeting Minutes Page 10 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 Mayor Coursey opened the public hearing at 7:08 p.m. PUBLIC COMMENT Loren Brueggemann spoke in support of appellant. Joanna Cedar spoke in support of applicant. Brad Koch spoke in support of applicant. Dorcus Wheeler in support of applicant. Susan Hayes in support of appellant. Matthew Culmore in support of applicant. Jonathan Fish in support of applicant. Steve Evans in support of applicant. Billy Coughlan in support of applicant. Mike Chase in support of applicant. Tawnie Logan in support of applicant. Mike Flitner in support of applicant. Chase Cauffin in support of applicant. Seeing no one else wishing to speak, Mayor Coursey closed the public hearing at 7:30 p.m. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt as amended: RESOLUTION NO. RES-2017-074 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING AN APPEAL AND APPROVING A CONDITIONAL USE PERMIT FOR FLEURON INC. FOR A City of Santa Rosa Regular Meeting Minutes Page 11 of 12 City Council Regular Meeting Minutes - Final May 16, 2017 MEDICAL CANNABIS COMMERCIAL CULTIVATION FACILITY - LOCATED AT 60 MAXWELL COURT; APN: 010-131-033 - FILE NUMBER CUP16-087 The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm Absent: 1 - Council Member Combs Vice Mayor Tibbetts requested a future agenda item to consider an urgency ordinance to remove the Limited Light Industrial (LIL) Zoning District, which includes the Maxwell Court neighborhood, from the eligible districts for cannabis cultivation use in the interim ordinance for cannabis cultivation. Council Member Schwedhelm concurred. 15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 15.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES ATTENDANCE REPORT - Provided for information. Attachments: Report This item was received and filed. 16. PUBLIC COMMENTS ON NON-AGENDA MATTERS 17. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 18. ADJOURNMENT OF MEETING Hearing no further business, Mayor Coursey adjourned the meeting at 7:55 p.m. The next regularly scheduled meeting will take place on May 23, 2017, at a time set by the Mayor. Approved on: July 11, 2017 /s/ Daisy Gomez City Clerk City of Santa Rosa Regular Meeting Minutes Page 12 of 12 City Council Regular Meeting Minutes - Final May 16, 2017