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Minutes, regular meeting

Healdsburg City Council
April 17, 2023

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Minutes, regular meeting
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April 17, 2023
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Healdsburg City Council
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Text extracted from the city's file for reading and search. Open the original on healdsburgca.iqm2.com. That file is the official record.

CITY OF HEALDSBURG

CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY

REGULAR MEETING MINUTES
April 17, 2023
City Hall Council Chamber
401 Grove Street, Healdsburg
.

CALL TO ORDER/ROLL CALL
Vice Mayor/Vice Chairperson Hagele called to order the concurrent meeting of the City Council and Redevelopment Successor Agency of the City of Healdsburg at 6:00 p.m. with the following Council Members present:

Present: Council Members/: Edwards, Hagele, Herrod and Mitchell Board Members

Absent: Council Members/: Mayor Kelley
Board Members

APPROVAL OF AGENDA
The agenda was unanimously approved by the Councilmembers present.

REPORT ON CLOSED SESSION
None.

ANNOUNCEMENTS/PRESENTATIONS – PROCLAMATION RECOGNIZING APRIL 2023 AS SONOMA COUNTY WINE MONTH
Vice Mayor Hagele, with Council concurrence, issued a proclamation recognizing April 2023, as Sonoma County Wine Month in the City of Healdsburg.

Mike Haney, Executive Director Sonoma County Vintners Foundation, thanked Council for the proclamation and read aloud a statement of surveyors.

ANNOUNCEMENTS/PRESENTATIONS – MARIE SPARKS MEMORIAL

VOLUNTEER AWARD
Active Adult and Senior Services Supervisor Grant provided background information on the Marie Sparks Memorial Volunteer award which was established by the City Council to recognize volunteerism in the community. The 2022 award recipients are Andy and Susanne Esquivel and Marisela Peña.

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Kim Thompson, past recipient of the Marie Sparks Award, spoke about Andy and Susanne Esquivel and their contributions to their Live Like Drew Foundation and the community of Healdsburg.

Andy and Susanne Esquivel thanked the Council and the community for their recognition and spoke about their experience volunteering.

Greta Mesics, past recipient of the Marie Sparks Award, spoke about Marisela Peña and her contributions to the youth and running community in Healdsburg.

Marisela Peña thanked the Council and the community for the recognition and spoke about her experience volunteering.

CITY MANAGER REPORTS
City Manager Kay announced the Earth Day Event happening on Saturday, informed Council the application period for the public art grants has opened and the survey for the Local Hazard Mitigation Plan will be opening soon.

PUBLIC COMMENTS ON ITEMS ON THE CONSENT CALENDAR AND NON

AGENDA ITEMS
Brigette Mansell expressed her thanks for leadership, congratulated Andy and Susanne and commented on the Climate Fest Event happening on Saturday.

CONSENT CALENDAR
Vice Mayor Hagele recused from Item 6M as he lives within 500ft of the property.

Councilmember Edwards inquired about 6F and wanted to verify a comprehensive traffic survey was conducted.

On a motion by Councilmember Mitchell, seconded by Councilmember Herrod, approved the Consent Calendar as follows:

A. APPROVAL OF MINUTES
By motion, approved the November 21, 2022 Regular Meeting Minutes (Ayes 4, Noes 0, Absent - Mayor Kelley)
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B. RECYCLED WATER PUBLIC UTILITY EASEMENT (APN 110-120-004) Adopted Resolution No. 43-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A DEDICATION OF A RECYCLED

WATER PUBLIC UTILITY EASEMENT FROM JOHN CHARLES BACIGALUPI AT A PORTION OF APN 110-120-004.” (Ayes 4, Noes 0, Absent - Mayor Kelley) C. RECYCLED WATER PUBLIC UTILITY EASEMENT AT APN 110-130-022 Adopted Resolution No. 44-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A DEDICATION OF A RECYCLED WATER PUBLIC UTILITY EASEMENT FROM THE 1999 DENNIS DE LA MONTANYA AND TINA S. DE LA MONTANYA REVOCABLE TRUST AT A PORTION OF APN 110-130-022.” (Ayes 4, Noes 0, Absent - Mayor Kelley) D. RECYCLED WATER PUBLIC UTILITY EASEMENT AT APN 110-120-007 Adopted Resolution No. 45-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ACCEPTING A DEDICATION OF A RECYCLED WATER PUBLIC UTILITY EASEMENT FROM G3 ENTERPRISES AT A PORTION OF APN 110-120-007.” (Ayes 4, Noes 0, Absent - Mayor Kelley) E. 2023-2025 BIOSOLIDS HAULING AND DISPOSING CONTRACT
Adopted Resolution No. 46-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AWARDING RECOLOGY, INC. THE CONTRACT TO

HAUL AND DISPOSE BIOSOLIDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR A TERM OF TWO YEARS AT $205,403 PER YEAR, FOR THE NOT TO EXCEED AMOUNT OF $410,806.” (Ayes 4, Noes 0, Absent - Mayor Kelley)
F. HEALDSBURG AVENUE COMPLETE STREETS IMPROVEMENTS
Adopted Resolution No. 47-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING THE FILING OF AN APPLICATION

FOR FUNDING ASSIGNED TO THE METROPOLITAN TRANSPORTATION

COMMISSION AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE PROJECT.” (Ayes 4, Noes 0, Absent - Mayor Kelley)
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G. 2023 ANNUAL WATER SUPPLY UPDATE
By motion, received a report regarding the status of the City’s water supply and forecasted water demands through June 2025. (Ayes 4, Noes 0, Absent - Mayor Kelley) H. REJECTION OF ALL BIDS RECEIVED FOR THE HEALDSBURG MUNICIPAL AIRPORT CONSTRUCT NEW TAXIWAY A2, REMOVE TAXIWAY A2, A3, A5

AND ABANDONED PAVEMENT, REHABILITATE TAXIWAY LIGHTING AND

SIGNAGE PROJECT
Adopted Resolution No. 48-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG REJECTING ALL BIDS RECEIVED FOR THE HEALDSBURG MUNICIPAL AIRPORT CONSTRUCT NEW TAXIWAY A2, REMOVE TAXIWAY A2, A3, A5, AND ABANDONED PAVEMENT, REHABILITATE TAXIWAY LIGHTING AND SIGNAGE PROJECT AND DIRECT STAFF TO REVISE AND READVERTISE THE PROJECT.” (Ayes 4, Noes 0, Absent - Mayor Kelley) I. TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 (TDA 3) PEDESTRIAN

AND BICYCLE PROJECT
Adopted Resolution No. 49-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING THE REQUEST TO THE

METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2023/2024 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING.” (Ayes 4, Noes 0, Absent - Mayor Kelley) J. HEALDSBURG MUNICIPAL CODE AMENDMENTS TO ALLOW FOR

COMMERCIAL CANNABIS USES
Adopted Ordinance No. 1227, titled “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HEALDSBURG REPEALING HEALDSBURG MUNICIPAL CODE CHAPTER

8.32: MEDICAL MARIJUANA DISPENSARIES; AMENDING SECTION 20.08.145:

PERMITTED AND CONDITIONALLY PERMITTED USES IN THE PLAZA RETAIL (PR), DOWNTOWN COMMERCIAL (CD), AND SERVICE COMMERCIAL (CS) DISTRICTS; AMENDING SECTION 20.08.155: PERMITTED AND CONDITIONALLY PERMITTED USES IN THE MIXED USE (MU) DISTRICT; AMENDING SECTION

20.08.195: PERMITTED AND CONDITIONALLY PERMITTED USES IN THE INDUSTRIAL (I) DISTRICT; ADDING A NEW SECTION 20.20.095: COMMERCIAL CANNABIS USES AND REQUIREMENTS; AMENDING SECTION 20.20.100:

MARIJUANA CULTIVATION, POSSESSION AND USE; AND AMENDING SECTION

20.28.310: DEFINITIONS TO ALLOW FOR COMMERCIAL CANNABIS USES.” (Ayes 4, Noes 0, Absent - Mayor Kelley)
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K. ADOPT RETAIL CANNABIS BUSINESS APPLICATION PROCESS FEES Adopted Resolution No. 50-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG ADDING CERTAIN DISCRETIONARY REGULATORY FEES RELATED TO RETAIL CANNABIS PERMIT APPLICATIONS.” (Ayes 4, Noes 0, Absent - Mayor Kelley)
L. NATIONAL OPIOID LITIGATION SETTLEMENT
Adopted Resolution No. 51-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG AUTHORIZING THE CITY MANAGER TO TAKE ALL

NECESSARY ACTIONS TO SETTLE CLAIMS AGAINST CVS, ALLERGAN, TEVA, WALMART, AND WALGREENS IN THE NATIONAL OPIOID LITIGATION (IN RE:

NATIONAL PRESCRIPTION OPIATE LITIGATION (U.S.D.C. CASE NO. 1:17-CV2804)) AND EXECUTE RELATED SETTLEMENT AGREEMENTS.” (Ayes 4, Noes 0, Absent - Mayor Kelley)
M. ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF HEALDSBURG AND FREEBIRD DEVELOPMENT

COMPANY, LLC FOR THE SAGGIO HILLS AFFORDABLE HOUSING PROJECT (DA 2023-01)
This item was removed from the Consent Calendar to be voted on separately.

The motion to approve the Consent Calendar as revised carried on a voice vote with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent - Mayor Kelley)

ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF HEALDSBURG AND FREEBIRD DEVELOPMENT

COMPANY, LLC FOR THE SAGGIO HILLS AFFORDABLE HOUSING PROJECT (DA 2023-01)
On a motion by Councilmember Edwards, seconded by Councilmember Herrod, adopted Ordinance No. 1228, titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG APPROVING A DEVELOPMENT AGREEMENT (DA 2023-01) FOR THE SAGGIO HILLS AFFORDABLE HOUSING PROJECT LOCATED AT 450 PARKLAND FARMS BOULEVARD.” The motion carried on a roll call vote, with Vice Mayor Hagele abstaining and Mayor Kelley noted as absent. (Ayes 3, Noes 0, Abstaining – Hagele, Absent - Mayor Kelley)
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PUBLIC HEARINGS – INTRODUCTION OF ORDINANCE APPROVING FOURTH

AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN CITY OF

HEALDSBURG AND CCS HEALDSBURG, LLC
Planning Consultant Linda Ruffing provided context for the proposed project and noted a full presentation was given at the March 20, 2023 City Council meeting. Ms. Ruffing provided background information on the project noting Comstock and Burbank were able to adjust the design to mitigate the loss of three affordable units and bring the total of affordable middleincome units back to twenty-seven. Ms. Ruffing further reviewed the affordability mix on parcel four.

In response to Council’s inquiries, Ms. Ruffing provided information on the discretion of the developer to have the units be available as for sale units or rental units.

Vice Mayor Hagele opened the public hearing.

Cal Weeks, Policy Director Generation Housing, encouraged Council to adopt the ordinance and expressed his excitement to see it move forward.

Vice Mayor Hagele closed the public hearing.

Council expressed their excitement to see the three additional units be added. Vice Mayor Hagele inquired about local preference requirements in the Development Agreement.

On a motion by Councilmember Edwards, seconded by Councilmember Mitchel,l introduced for first reading, by title only, waiving further reading of the text, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF HEALDSBURG APPROVING A FOURTH

AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY

OF HEALDSBURG AND CCS HEALDSBURG, LLC FOR THE NORTH VILLAGE PROJECT,” adding the full local preference language as written in Resolution No. 22-2019. The motion carried on a roll call vote, with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent – Mayor Kelley)
PUBLIC HEARINGS – GENERAL PLAN AMENDMENT GPA 2022-01, LAND USE AMENDMENT LUA 2022-01 AND MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PLAN FOR THE FOLEY FAMILY COMMUNITY PAVILION LOCATED AT 3 NORTH STREET
Senior Planner Galbraith provided background information on the Foley Family Pavilion, provided an overview of the proposed project, the history of the project and previous schematic designs of the project. Planner Galbraith further reviewed the Planning Commission approval, City Council/RSA Regular Meeting Minutes
April 17, 2023

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historical features of the building, reviewed the proposed General Plan Amendment, Land Use Code Amendment and provided information on the environmental review.

In response to Council’s inquiries, Community Services Director Themig reviewed the size of the catering kitchen and the support of the Farmers’ Market and the proposed closure of North Street during the Market. Senior Planner Galbraith reviewed the number of parking spaces available at the site.

Vice Mayor Hagele opened the Public Hearing.

Beth Swatsky expressed her excitement for the project and inquired what is going to happen to the scale inside the Foley Pavilion.

Valerie White inquired if the public parking on the site would have a time limit.

Merrilyn Joyce encouraged Council to honor a commitment to the community with the proposed events at the site.

Council Comments
Councilmember Herrod expressed his support for the project and his excitement to see it move forward.

Councilmember Mitchell expressed her support for the project.

Councilmember Edwards expressed his excitement for the project and the benefit to the community.

Vice Mayor Hagele commented on the proposed project easing some pressure from the Plaza and expressed his support for the project.

On a motion by Councilmember Herrod, seconded by Councilmember Mitchell, adopted Resolution No. 52-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FOLEY FAMILY COMMUNITY PAVILION LOCATED AT 3 NORTH STREET (APNS 002-173-002, 003, AND 021).” The motion carried on a roll call vote, with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent – Mayor Kelley)
On a motion by Councilmember Herrod, seconded by Councilmember Mitchell, adopted Resolution No. 53-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A GENERAL PLAN AMENDMENT FOR THE FOLEY City Council/RSA Regular Meeting Minutes
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FAMILY COMMUNITY PAVILION LOCATED AT 3 NORTH STREET (APNS 002-173-002, 003, AND 021).” The motion carried on a roll call vote, with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent – Mayor Kelley)
On a motion by Councilmember Herrod, seconded by Councilmember Mitchell, introduced for first reading by title only, waiving further reading of the text, “AN ORDINANCE OF THE CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE, TITLE 20,

ZONING MAP FOR THE FOLEY FAMILY COMMUNITY PAVILION PROJECT SITE LOCATED AT 3 NORTH STREET (APNS 002-173-002, - 003, AND - 021).” The motion carried on a roll call vote, with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent – Mayor Kelley)
OLD BUSINESS – ELECTRIC COST OF SERVICE ANALYSIS AND DISCUSSION OF

ELECTRIC RATES
Utilities Director Crowley provided background information on the electric cost of service and rate setting process, reviewed a comparison of rates to other utility companies, energy and transmission costs, operation and maintenance costs and capital improvement projects. Director Crowley further reviewed clean energy and electrification projects and the proposed rate increases for FY 2024-27, noting the rate increase would be 16% in 2024, 14% in 2025, 8% in 2026 and 7% in 2027.

Director Crowley reviewed rate increases in other California utilities, the impact of the proposed rates and the direction being sought from Council.

In response to Council’s inquiries, Director Crowley reviewed clean energy projects, how the CARE program operates and how different utilities utilize surcharges on their utility bill.

There were no public comments on this item.

Council Comments
Vice Mayor Hagele inquired if the utility bill could be updated at the next presentation to reflect the proposed rate increases so residents could calculate the increase and was supportive of staff’s recommendation.

Councilmember Mitchell commented on using the reserves to help offset the rate increase, utilizing a fixed fee on the utility bill and expressed her support for staff’s recommendations.

Councilmember Edwards commented on the proposed rate increases and how the increase may affect low-income earners.

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Councilmember Herrod expressed support for staff’s recommendations and was comfortable with the proposed rate increases.

OLD BUSINESS – UPDATED DRAFT CANNABIS DISPENSARY APPLICATION

PROCESS, SCORING AND CRITERIA
Assistant City Manager Sturmfels stated the action this evening was to receive a presentation and adopt a resolution establishing the procedure guidelines to govern the application and selection process for cannabis.

Manager Sturmfels provided background information on the cannabis process and actions completed to date, reviewed the proposed permit application process, application evaluation and review, applicant interviews and the application for the Type 12 microbusiness applicants.

Manager Sturmfels further reviewed how Council feedback has been incorporated into the process, the location requirement in the process and what the next steps are.

In response to Council’s inquiries, Manager Sturmfels provided information on the security requirement as part of the application process and including a local operator. Steve McEwen, Attorney with Burke, Williams and Sorensen provided information on including a procedure to select an applicant first, then select the site, noting the Ordinance would need to be redone.

Public Comment
Erin Gore, Garden Society, commented on availability of sites for a cannabis business to operate and the requirement to have site control before submitting an application.

Eli Melrod expressed his challenges in locating sites in Healdsburg to operate a cannabis business and encouraged Council to update the process to address the concerns being heard this evening.

Graham Sarasy encouraged Council to amend the process and select a local retailer.

Council Comments
Councilmember Herrod commented on the application process and inquired what would be required to update the application process at this point.

Vice Mayor Hagele inquired if the requirement for site control could be eliminated without amending the adopted ordinance.

Councilmember Edwards commented on the process, creating a low barrier to enter the cannabis industry and was in favor of leaving the site control open and amending the ordinance to do so.

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Council discussion ensued on amending the application process to address the site requirement, the retail market in Healdsburg, the selection process for the cannabis dispensaries and evaluating the operator on multiple sites.

City Manager Kay proposed a few options to move forward this evening including postponing the item or adopting the resolution.

City Attorney Zutler provided information on how the ordinance could be amended to include changes to address site control and retail space.

On a motion by Councilmember Mitchell, seconded by Councilmember Herrod, adopted Resolution No. 54-2023 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG ESTABLISHING PROCEDURE GUIDELINES AND REVIEW CRITERIA

TO GOVERN THE APPLICATION AND SELECTION PROCESS FOR CANNABIS

STOREFRONT RETAIL PERMITS AND DETERMINING THAT THE ADOPTION OF

THESE PROCEDURE GUIDELINES AND REVIEW CRITERIA IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(2).” The motion carried on a roll call vote, with Mayor Kelley noted as absent. (Ayes 4, Noes 0, Absent – Mayor Kelley)
OLD BUSINESS – L&M VILLAGE QUARTERLY UPDATE
Housing Administrator Sotomayor introduced Margaret Sluyk, Reach For Home, who would be assisting in the presentation this evening. Administrator Sotomayor provided information on the project timeline of the L&M Village, current occupancy levels of the L&M Village, occupancy by race/ethnicity, Homekey funding received, challenges and opportunities of the L&M.

Margaret Sluyk provided information on the program outcomes of the L&M Village, the outside funding received for the L&M Village and reviewed two success stories.

In response to Council’s inquiries, Ms. Sluyk provided information on how to spread the word that housing units are needed for vouchers, how someone can receive a housing voucher and relaunching the laundry program. Administrator Sotomayor commented on the thought that people are moving here because the L&M Village has opened and the number of incidents that have required a police response.

Public Comment
Tom Chambers thanked Council for the ongoing support and informed Council they should be proud to be supporting the L&M Village.

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Councilmember Herrod inquired if any of the rooms at the L&M would stay open for emergency purposes.

Vice Mayor Hagele thanked Ms. Sluyk and Administrator Sotomayor for the presentation.

NEW BUSINESS
None.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Edwards had nothing to report.

Councilmember Herrod reported he met with the government affairs commission at the Chamber of Commerce and expressed his excitement to see the Farmers’ Market return.

Councilmember Mitchell reported she participated in High School Scholarship award selection.

Vice Mayor Hagele had nothing to report.

WRITTEN COMMUNICATIONS
None.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 10:09 p.m.

APPROVED: ATTEST:
_________________________________ __________________________________ Ariel Kelley, Mayor Raina Allan, City Clerk

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