City Council Minutes
September 12, 2023
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CITY COUNCIL MINUTES
REGULAR MEETING OF SEPTEMBER 12, 2023
CITY COUNCIL BUSINESS
CONSIDER AND TAKE ACTION ON EMERGENCY CIRCUMSTANCE REMOTE ATTENDANCE REQUEST PURSUANT TO AB 2449, A CITY COUNCILMEMBER MAY BE ELIGIBLE TO ATTEND A CITY COUNCIL MEETING REMOTELY WITH “JUST CAUSE” OR WITH A QUALIFYING “EMERGENCY CIRCUMSTANCE.” COUNCILMEMBER MARTINEZ HAS REQUESTED PERMISSION TO ATTEND THE SEPTEMBER 12, 2023 CITY COUNCIL MEETING REMOTELY
DUE TO THE HOSPITALIZATION OF A FAMILY MEMBER
Staff report was given by City Attorney Thompson.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to approve the emergency circumstance remote attendance request pursuant to AB 2449, a City Councilmember may be eligible to attend a City Council meeting remotely with “just cause” or with a qualifying “emergency circumstances” which Councilmember Martinez has requested permission to attend the September 12, 2023 City Council meeting remotely due to the hospitalization of a family member. ROLL CALL VOTE:
Councilmember Ortiz – Yes; Mayor Pro-tem Rodriguez – Yes; and Mayor White – Yes. Motion carried.
CALL TO ORDER
Mayor White called the meeting to order at 6:01 p.m.
ROLL CALL
PRESENT: Mayor White, Mayor Pro-tem Rodriguez and Councilmember Ortiz ABSENT: Councilmember Martinez
STAFF: City Manager Wood, Chief Langborg, Public Works Director Tugel, Community Development Director Mugan, Chief Mixer, IT Director Espinosa, City Attorney Thompson, City Clerk Rathbun
GUESTS: Avelina Torres, Ernest Gallardo, John Huerta, Jr., Beatriz Diaz, Stephanie Garcia, Diana Salinas, Monica Aguirre, Raul Tapia, Gabby Mireles, Laura Mireles, Gabby Serrato Lone
Councilmember Martinez joined the meeting; however, due to technical difficulties, was unable to connect with audio services.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to excuse Councilmember Martinez. All in favor. Motion carried.
INVOCATION BY PASTOR DIANA SALINAS
Invocation was given by Pastor Salinas.
.PLEDGE OF ALLEGIANCE
All recited the Pledge of Allegiance.
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AGENDA REVIEW
None.
PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA Ernest Gallardo stated that he was on the Bicycle & Pedestrian Committee, TAMC, and announced that MST would be adding more bus routes for Route 23. He also asked why there was no flag at Patriot Park and stated that it bothered him that there was no flag. He stated that the flag signified something to him and the flag should bring people together.
Avelina Torres asked about the flags on El Camino Real and asked why there was only one Veteran flag up. Mayor White stated that staff was still working on the flag program and that the flag that was up was just a sample of what kind of flags the City would be approving.
John Huerta, Jr. stated that he was going to talk about Measure C. He handed out some information regarding it. He stated that he understood that Measure C was passed in 2016 solely for the purpose of fire suppression and the re-organization of the Greenfield Fire District. He stated that he was on the Council during this time and was aware that there had been 6 to 7 years that the Fire District did not have enough revenues to match its expenses. He stated that the voters passed Measure C along with Measure V, W and now T which were identified for police, recreation and code enforcement. He stated that with the increase of administration costs and services for our community that there was nothing to fill that revenue gap and worried that the City was not meeting or would not meet in the future those expenditures. He stated that the community group was not coming to the Council demanding of them, but they wanted to use their experience to develop those revenues.
Monica Aguirre, Soledad resident, stated that she was concerned about the conduct of Councilmember Ortiz at the recent Soledad City Council meeting and stated that she was disrespectful and inappropriate and that she believed that this warranted a censure for Councilmember Ortiz.
Gabby Mireles asked if the City could let her and the public know the status of the grant for the recreation center.
Laura Mireles asked what the status of 12th Street was and when was the street going to be repaired; what was the status of the grant; what was the status of the Welcome to Greenfield Signs and stated that the City was lacking a lot of things.
Beatriz Diaz asked that the Council excuse Councilmember Martinez from the meeting. She also stated that Councilmember Ortiz’s conduct at the Soledad City Council meeting raised concerns.
Gabby Serrato Lone stated that Councilmember Martinez still had not paid her mother any money and the harassment needed to stop. She stated that Councilmember Martinez had yet to apologize to her mother or the community. She asked that the City disclose the cost of the investigation.
Stephanie Garcia stated that everyone had the right to freedom of speech. She stated that Councilmember Ortiz was respectful at the meeting in Soledad and disagreed that she was not respectful.
Raul Tapia stated that more work needed to be done and leave the past behind. She stated that everyone needed to be mindful and remember that there was someone always watching. He asked that everyone keep it professional.
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COMMENTS FROM CITY COUNCIL
Councilmember Ortiz stated that the City needed to have criteria for the banner program and it needed to be advertised; the 1974 King City Track Team was honored for their season and congratulated them; she would like to revisit the rental registration program; gave kudos to staff for taking care of the weed abatement and for cleaning it up. She announced that on October 7th she would be having another District 3 meeting and reported that at the last meeting the Police and Fire Departments were present as well as about 30 residents showed up and there was no negative comments. She stated that a flag must be put up at Patriot Park as soon as possible. She also stated that she had been walking through town in order to get a better look at things.
Mayor Pro-tem Rodriguez asked about the recreation center grant and 12th Street. She asked that the swing and rubber floor at Patriot Park be replaced as well as in the other parks. She expressed concern regarding the Soledad City Council meeting and Councilmember Ortiz because they had just had the training about decorum and conduct of the audience at meetings. She stated that she was disappointed at the actions and that everyone that attended the training knew that everyone should speak from the podium and not from the audience.
Mayor White stated that on September 22nd the City would be having movies in the park, Super Mario movie, the senior social was September 13th, tomorrow. He congratulated Jose Sanchez for all the events that were happening such as kayaking trips, hikes, etc. He stated that he attended the South Monterey County Managers/Mayors meeting on July 27th and the Monterey County Mayors Meeting on September 1st. He also stated that the employees’ appreciation BBQ was a lot of fun. He thanked Chief Langborg and Chief Mixer for the honor to speak at the September 11th event.
CONSENT ITEMS
John Huerta, Jr. stated that the agreement with Victor Garcia was a great thing and staff may want to consider presenting the consultant when approving these types of agreements.
Mayor Pro-tem Rodriguez pointed out a correction to one of the motions in the minutes.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to approve the consent items, as amended, including Warrants #318906 through #319361 and Bank Drafts #5549 through #5630 in the amount of $3,259,346.69; Minutes of the July 18, 2023 City Council Special Meeting, Minutes of the July 25 2023 City Council Meeting, Minutes of the August 30, 2023 Special City Council Meeting; adopt Resolution #2023-111, “A Resolution of the City Council of the City of Greenfield to Enter Into an Agreement for Consultant Services with Victor Garcia, of a Non-Pro-fit Organization, Alegria Musical Media and Entertainment, to Plan and Coordinate the 2023 Greenfield Harvest Festival for an Amount of $15,000” and adopt Resolution #2023-112, “ A Resolution of the City Council of the City of Greenfield Identifying the Terms and Conditions for Fire Department Response Away from their Official Duty Station and Assigned to an Emergency Incident”. All in favor. Motion carried.
MAYOR’S PRESENTATIONS, PROCLAMATIONS, COMMUNICATIONS, RESOLUTIONS PROCLAMATION – HONORING JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES AND DECLARING SEPTEMBER 2023 AS CHILDHOOD CANCER AWARENESS MONTH IN THE
CITY OF GREENFIELD
Mayor White read the proclamation honoring Jacob’s Heart Children’s Cancer Support Services and Declaring September 2023 as Childhood Cancer Awareness Month in the City of Greenfield. 21 City Council Minutes
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Stephanie Garcia thanked the Council for honoring Jacob’s Heart because they were a vital part of helping a good friend with transporting their child to Stanford for treatment.
Allyssa Gil-Ojeda, representing Jacob’s Heart, thanked the Council for the proclamation.
PROCLAMATION – DECLARING SEPTEMBER 15, 2023 TO OCTOBER 15, 2023 AS HISPANIC
HERITAGE MONTH
Mayor White read the proclamation declaring September 15, 2023 to October 15, 2023 as Hispanic Heritage Month.
PROCLAMATION – PROCLAIMING SEPTEMBER 2023 AS NATIONAL ALCOHOL AND DRUG
ADDICTION RECOVERY MONTH
Mayor White read the proclamation proclaiming September 2023 as National Alcohol and Drug Addiction Recovery Month
Mayor White presented the proclamation to Maria Camacho from Sun Street Centers.
Maria Camacho, Sun Street Centers, thanked the Council for the proclamation.
UPDATE – MEASURE V & W (NOW T) FUND
City Manager Wood gave an update and power point presentation on the Measure T Fund.
Mayor White stated that the 1.2 million dollar buffer was necessary in case something came up such as needing more money for the recreation center. Mayor Pro-tem Rodriguez stated that she would like the budget for recreation to grow in order to get more participation. City Manager Wood stated that the biggest budget was for public safety; however, the recreation budget had been growing. Councilmember Ortiz wanted to know what the deadline was to spend the grant money. City Manager Wood stated that it was 6 years and that staff had been in contact with the State. City Manager Wood stated that the money in these funds could be used for anything because it was all general fund monies.
John Huerta, Jr. stated that he wanted to remind the Council that this was a tax initiative, approved by the Greenfield voters.
UPDATE – WELCOME GREENFIELD SIGNS / TRAFFIC SAFETY COMMITTEE / PUBLIC WORKS
PROJECTS STATUS
Public Works Director Tugel gave a update on the Welcome to Greenfield Signs, the Traffic Safety Committee and other Public Works projects.
PUBLIC HEARINGS
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
RESCINDING A CONDITIONAL USE PERMIT FOR COMMERCIAL CANNABIS OPERATIONS AT A
12.9 ACRE SITE LOCATED AT 721 AND 799 EL CAMINO REAL
RESOLUTION #2023-113
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GREENFIELD CANCELLING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND SECOND SUN, LLC THAT ALLOWS COMMERCIAL CANNABIS OPERATION
ON THE PROJECT SITE
Staff report was given by Assistant Planner Meza.
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Mayor White opened the public hearing at 7:43 p.m.
No comments were received.
Mayor White closed the public hearing at 7:44 p.m.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-113, “A Resolution of the City Council of the City of Greenfield Rescinding a Conditional Use Permit for Commercial Cannabis Operations at a 12.9 Acre Site Located at 721 and 799 El Camino Real” and introduce and read by title only, first reading, of an Ordinance of the City Council of the City of Greenfield Cancelling a Development Agreement Between the City of Greenfield and Second Sun, LLC that Allows Commercial Cannabis Operation on the Project Site. All in favor. Motion carried.
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
RESCINDING A CONDITIONAL USE PERMIT FOR COMMERCIAL CANNABIS OPERATIONS AT A
1.01 ACRE SITE LOCATED AT 801 EL CAMINO REAL
RESOLUTION #2023-114
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GREENFIELD CANCELLING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND EMERALD MISSION THAT ALLOWS COMMERCIAL CANNABIS OPERATION
ON THE PROJECT SITE
Staff report was given by Assistant Planner Meza.
Mayor White opened the public hearing at 7:48 p.m.
John Huerta, Jr. stated that he supported the cannabis industry and it was a good thing that it could be used by another developer. He stated that if Greenfield was more like King City the 1.1 million in revenue would be 2.1 million.
Mayor White closed the public hearing at 7:51 p.m.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-114, “A Resolution of the City Council of the City of Greenfield Rescinding a Conditional Use Permit for Commercial Cannabis Operations at a 1.01 Acre Site Located at 801 El Camino Real” and introduce and read by title only, first reading, of an Ordinance of the City Council of the City of Greenfield Cancelling a Development Agreement Between the City of Greenfield and Emerald Mission that Allows Commercial Cannabis Operation on the Project Site. All in favor. Motion carried.
CITY COUNCIL BUSINESS
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD SUPPLEMENTALLY APPROPRIATING IN FISCAL YEAR 2023-2024 THE AMOUNT OF $219,937
FROM THE GENERAL FUND TO PAY FOR THE EXPENDITURES ASSOCIATED WITH THE
ESTABLISHMENT OF A TOM ROGERS MUSEUM AND VISITORS CENTER RESOLUTION #2023-115
Staff report was given by Community Development Director Mugan.
Art Salvagno, Chair of the Tom Rogers Museum, thanked the Park & Recreation District for purchasing the building from UC Santa Cruz and thanked the City Council for making this a reality. He stated that they have many items that would be placed in the museum and asked if anyone had something they wanted to donate to please let them know.
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Raul Rodriguez and Clara Valdivia, Greenfield Recreation District, explained how the building was obtained and thanked the Greenfield Recreation District board for approving the purchase.
Irene Garcia, Tom Rogers Museum, stated that it was a pleasure working with the entire museum members and stated that her dream was to have the museum. She thanked the District and the City and looked forward to working with them.
Raul Tapia stated that this was an opportunity where everyone could come together and show the youth of our community the history of Greenfield; the elders and the efforts they have made.
John Huerta, Jr. stated that this was a huge deal for the family. He stated that his Aunt was the granddaughter of Tom Rogers and the family would like to thank everyone for making this happen.
Councilmember Ortiz stated that she was very excited about the building and what this could bring to our City. She stated that it was going to be great and commended everyone for their efforts.
Mayor Pro-tem Rodriguez stated that she did not know how long this had been in the works and was excited to see it happen.
Mayor White thanked Raul Rodriguez for bringing this forward.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-115, “A Resolution of the City Council of the City of Greenfield Supplementally Appropriating in Fiscal Year 2023-2024 the Amount of $219,937 from the General Fund to Pay for the Expenditures Associated with the Establishment of a Tom Rogers Museum and Visitors Center”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING A SUPPLEMENTAL APPROPRIATION OF $194,000 FOR FISCAL YEAR 2023-2024 TO CONDUCT CIRCUIT TELEVISION (CCTV) INSPECTION, YEAR 2 OF THE SEWER COLLECTION SYSTEM RESOLUTION #2023-116
Staff report was given by Public Works Director Tugel.
A MOTION by Councilmember Ortiz, seconded by Mayor Pro-tem Rodriguez to adopt Resolution #2023-116, “A Resolution of the City Council of the City of Greenfield Approving a Supplemental Appropriation of $194,000 for Fiscal Year 2023-2024 to Conduct Circuit Television (CCTV) Inspection, Year 2, of the Sewer Collection System”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD TO
SUPPLEMENTALLY APPROPRIATE PUBLIC WORKS CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR THE 3-YEAR STREET REHABILITATION (YEAR 1 & YEAR 2) FROM FISCAL YEAR 2022-2023 TO FISCAL YEAR 2023-2024, FOR A TOTAL OF $1,949,375.50 RESOLUTION #2023-117
Staff report was given by Public Works Director Tugel.
Beatriz Diaz stated that there were several areas that needed to be re-done.
Public Works Director Tugel stated that there were some areas that needed to be re-done and she said that they have created a punch list for the contractor to correct.
Mayor Pro-tem Rodriguez stated that she would like a list of the approved streets and what streets still needed work.
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A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-117, “A Resolution of the City Council of the City of Greenfield to Supplementally Appropriate Public Works Capital Improvement Project (CIP) Budget for the 3-Year Street Rehabilitation (Year 1 & Year 2) from Fiscal Year 2022-2023 to Fiscal Year 2023-2024, for a Total of $1,949,375.50”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD AMENDING THE SALARY SCHEDULE AND APPROVING A 4% COST-OF-LIVING ADJUSTMENT FOR THE NONREPRESENTED EMPLOYEES FOR FISCAL YEAR 2023-2024 RESOLUTION #2023-118
Staff report was given by City Manager Wood.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-118, “A Resolution of the City Council of the City of Greenfield Amending the Salary Schedule and Approving a 4% Cost-of-Living Adjustment for the Non-Represented Employees for Fiscal Year 2023-2024”. All in favor. Motion carried.
CONSIDERATION OF FILLING VACANT CITY COUNCIL DISTRICT #1 SEAT Staff report was given by City Attorney Thompson.
Stephanie Garica stated that District #1 had been in limbo for several months and would like to have representation, She asked that Drew Tipton be appointed. She stated that he was an experienced Councilmember and was not in having a special election in March.
Gabby Serrato stated that District #1 had no representation and asked that Drew Tipton be appointed.
Beatriz Diaz stated that she recommended that no appointment be made and that the best thing for everyone was to have an election.
Robert Urquides, resident of District #1, asked that Drew Tipton be appointed to the District #1 seat and stated that he was a good fit until the next election.
Cythina Zavala stated that she did not have a personal agenda and would like Andrew Tipton to be appointed. She stated that he had done the work and it would be fair to give it to him.
John Huerta, Jr. stated that there was one thing he knew for sure and that selection of a Councilmember should not be made by only 3 members of the Council. He stated that a special election would be best.
Raul Tapia stated that he also had shown interest in the position twice and he was hopeful that this would go to a special election. He stated that the Council should do what was best for the entire community.
Councilmember Ortiz stated that she did some canvassing of residents in District #1 and most had concerns that they did not have representation and would like an appointment to be made. She stated that the residents expressed that they wanted more engagement with their representative.
A MOTION by Councilmember Ortiz to appoint Andrew Tipton to fill the vacancy of the City Council District #1 seat.
Mayor Pro-tem Rodriguez stated that Councilmember Ortiz had made it very clear that if this happened again that it should go to election and asked why she had changed her mind. Councilmember Ortiz stated that the people have asked for representation so she was listening to the people. Mayor Pro-tem 25 City Council Minutes
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Rodriguez stated that all the voters had the opportunity to vote in the last election and the majority of them stated that they did not want Mr. Tipton.
Mayor White asked if the vote to fill the vacancy required a majority of the Council or simply a majority of the members present. City Attorney Thompson stated a simple majority of the members that were present.
Mayor Pro-tem Rodriguez stated that she wanted to make it clear that all the members of the City Council were here for everyone in the City and that they were representatives of the entire City.
Bob Urquides stated that all residents in District #1 should be notified that there was a vacancy in their District.
Stephanie Garcia stated that the majority of the registered voters in District #1 did not care to vote so Council could not use that the majority of the people did not want Drew Tipton.
Gabby Serrato stated that it would be unethical to allow Councilmember Martinez to vote because everyone knew how she would vote.
Raul Tapia stated that this should not be personal and the Council needed to do what was best for the community. He stated that he thought a special election would be the best way to fill the vacancy.
Beatriz Diaz stated that she agreed with Mayor Pro-tem Rodriguez and there should not be a vote of the Council and a special election would be best. She stated that she also had spoken to people in District #1 and they do not want Mr. Tipton, they wanted someone new.
John Huerta, Jr. stated that the personal attacks needed to stop. He stated that the Council had to have a process and did not think a vote should be taken at this time, He suggested that if an appointment was going to be made, that the appointment should be by 4 Councilmembers or it should go to election.
Juergen Smith stated that he would like to have representation in his district. He stated that Drew Tipton was #2 for the results of the last election and that he was experienced. He stated that an appointment needed to be made so that the position was filled so the City could move forward.
Mayor White stated that the Council needed to move forward and District #1 needed representation so he would like to appointment Mr. Tipton
Mayor White seconded the motion to appoint Andrew Tipton. ROLL CALL VOTE: Councilmember Ortiz – Yes; Mayor Pro-tem Rodriguez – No; and Mayor White – Yes. Motion carried.
CONSIDERATION OF WATER RATE INCREASE AND WATER RATE IMPLEMENTATION Staff report was given by City Attorney Thompson and City Manager Wood.
There was discussion among the City Council regarding the different options available for implementation of the water rate increase.
Beatriz Diaz stated that she was aware that something needed to be done; however, some people could not afford the increase.
Juergen Smith stated that water was life and that the City needed to replace the pipes that were very old.
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Mayor Pro-tem Rodriguez asked if the City phased out the increase; where else could the money come from. City Manager Wood stated that the Water Fund could get a loan from a different fund, get a bond issuance or a loan from another source.
Mayor White stated that the water pipelines were old and the City needed another well. He stated that the City was using an old system and improvements needed to be made.
Laura Mireles stated there was a lot of overcrowding in homes and that was impacting our water system and now people have to pay higher rates because of it. She asked why the City couldn’t use the cannabis money to fund some projects.
It was the consensus of the City Council to table this item until the next meeting to allow staff to review the different cost options and analyze the essential projects.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to extend the meeting past 10 p.m. All in favor. Motion carried.
ADJOURN TO CLOSED SESSION
CLOSED SESSION - Government Code Section 54956.9(d)(1)
Conference with Legal Counsel – Existing Litigation
Name of Case: Jose Martinez Guzman v. City of Greenfield CLOSED SESSION - Government Code Section 54957
Public Employee Performance Evaluation
City Attorney
Meeting adjourned at 9:48 p.m.
RECONVENE TO OPEN SESSION
Meeting adjourned at 10:44 p.m.
No reportable action was taken.
CITY ATTORNEY REPORT
No report.
CITY MANAGER REPORT
City Manager Wood stated that staff had been working on a lot of items during the August break and some would be coming before the Council in the future.
ADJOURNMENT
Meeting adjourned at 10:45 p.m.
_________________________
Mayor of the City of Greenfield
____________________________
City Clerk of the City of Greenfield
27 City Council Memorandum 599 El Camino Real, Greenfield CA 93927, 831-674-5591 www.ci.greenfield.ca.us
DATE: September 20, 2023
AGENDA DATE: September 26, 2023
TO: City Council Members
PREPARED BY: Evelin Meza, Assistant Planner
TITLE: ADOPTION OF AN ORDINANCE CANCELLING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND SECOND SUN, LLC., AND GOLDEN
STATE ALTERNATIVE INC. AT 721 AND 799 EL CAMINO
REAL
BACKGROUND
On September 12, 2023, the City Council voted 3-0 to introduce an ordinance cancelling the Development Agreement between the City and Second Sun, LLC., and Golden State Alternative Care Inc. for a commercial cannabis operation at 721 and 799 El Camino Real.
The ordinance is now before the City Council for adoption.
DISCUSSION
The cancellation of a DA is allowed by mutual consent of all parties to the agreement. In this case, a commercial cannabis operator that in 2017, obtained a DA and CUP for commercial cannabis operations on the site never completed the permitting process to establish such operations. Second Sun is no longer interested in commercial cannabis operation on the site and has requested that the City cancel the Development Agreement.
City staff support the requested Development Agreement cancellation.
No revisions to the draft ordinance were directed at the September 12, 2023 City Council meeting, when the Council introduced the ordinance and conducted first reading of the ordinance. Any cancellation of the existing Development Agreement would be effective 30 days after adoption. The draft City Council ordinance is included as Attachment 1, and the letter from Second Sun, LLC., and Golden State Alternative Care Inc. requesting the cancellation is included as Attachment 2.
28 2
CEQA REVIEW
The requested Development Agreement cancellation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Development Agreement cancellation would allow uses and buildings at the project site that are consistent with the site’s Light Industrial Zoning. The DA cancellation would not facilitate substantial additions or changes in use, and instead removes a use that is currently allowed at the site.
RECOMMENDATION
Staff recommends that the City Council conduct second reading of and adopt an ordinance cancelling the Development Agreement between the City of Greenfield and Second Sun, LLC., and Golden State Alternative Care Inc.
PROPOSED MOTION
ADOPT ORDINANCE NO.567 CANCELLING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GREENFIELD AND SECOND SUN, LLC., AND
GOLDEN STATE ALTERNATIVE CARE INC FOR COMMERCIAL CANNABIS OPERATIONS AT 721 AND 799 EL CAMINO REAL.
ATTACHMENTS
1. Draft City Council Ordinance No. 567
2. Letter from Second Sun, LLC and Golden State Alternative Care, Inc.
Requesting Cancellation of the Existing Development Agreement 29