Town of Windsor 9291 Old Redwood Highway P.O. Box 100 Windsor, CA Community Development Department (707) Fax (707)

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1 Town of Windsor 9291 Old Redwood Highway P.O. Box 100 Windsor, CA Community Development Department (707) Fax (707) ITEM NO. : 10.2 MINUTES SPECIAL JOINT TOWN COUNCIL AND PLANNING COMMISSION STUDY SESSION October 27, Call to Order Mayor Millan called the meeting to order at 5:32 p.m. 2. Town Council Roll Call Present at roll call were Mayor Millan, Vice Mayor Fudge, and Councilmembers Foppoli, Okrepkie and Salmon. 3. Planning Commission Roll Call Present at roll call were Chair Albini, Vice Chair Huberts and Commissioners Fritz and Fisher. Commissioner Klick was absent. 4. Pledge of Allegiance Mayor Millan, led the pledge of allegiance and stated it was in honor of the Cali Cal Mecac School. 5. Presentations 5.1 Presentation from County Staff on Measure K, Community Separators, on the November 8, 2016 Local Ballot Misty Harris, Planner with the County of Sonoma Permit and Resource Management Department and Project Manager for the community separators and Measure K work efforts, provided a brief presentation of the community separators, Measure K and Town boundary changes. 6. Conflict of Interest Declaration Kit Faubion, Legal Counsel, stated that there are Planning Commissioner and Council Member conflicts of interest on Agenda Item No. 9.1, and it will be addressed when that item is discussed. 7. Public Comment None. 8. Approval of Minutes On a motion by Councilmember Foppoli, seconded by Councilmember Salmon, the Town Council and Planning Commission approved the following minutes: 1. Special joint study session minutes of April 4, The motion passed on a 9/0/1 vote (Commissioner Klick was absent). 2. Special joint meeting minutes of May 4, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent).

2 MINUTES TOWN OF WINDSOR TOWN COUNCIL AND PLANNING COMMISSION Special Joint Study Session October 27, 2016 Page 2 of 5 3. Special joint study session minutes of May 25, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent). 4. Special joint study session minutes of August 15, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent). 5. Special joint study session minutes of August 23, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent) 6. Special joint study session minutes of September 22, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent). 7. Special joint study session minutes of October 13, The motion passed on a 9/0/1 vote. (Commissioner Klick was absent). 9. Regular Calendar 9.1 General Plan Update Special Joint Study Session #15: Ken MacNab, Community Development Director, introduced Emmanuel Ursu, General Plan Update Project Manager and Consultant, and Chelsey Payne, Project Manager/Consultant. Mr. Ursu explained that the purpose of the meeting is to discuss land use designations for the eastern edge neighborhood (north of Jensen Lane), revisions to the mixed use land use designations, requests for land use designation changes by individual property owners and to receive Council, Commission and public input. He also discussed next steps and the timeline and process for implementation of the General Plan. Mayor Millan and Chair Albini recused themselves from the meeting at 5:51 p.m. due to an economic conflict of interest related to the location of their properties. Director MacNab provided a brief summary of the staff report and introduced the following topic for discussion: Eastern Edge Residential- north of Jensen Lane. The following members of the public addressed the Council and the Commission: Ross Albertson, Windsor resident Tom Micheletti, Developer Mark Ross, Windsor property owner Richard Coombs, Airport Business Center Owner/Representative The following items were discussed by the Council and the Commission: Eastern Edge Residential alternatives Agricultural preservation Infrastructure Circulation Concept of feathering development Removing parcels south of Jensen Lane from Eastern Edge Community Place City Center growth

3 MINUTES TOWN OF WINDSOR TOWN COUNCIL AND PLANNING COMMISSION Special Joint Study Session October 27, 2016 Page 3 of 5 Direction: Keep land use designations as proposed in the draft plan Add language for the portion of area that is designated Estate Residential that requires that density be feathered from no more than two units per acre along the westerly portion to a lesser density on average in the eastern portion of this area Director MacNab said that staff will come back to the November 28, 2016 Town Council meeting with language that reflects the direction above. Director MacNab introduced the following topic for discussion: Eastern Edge Residential - south of Jensen Lane. Mr. MacNab presented the current General Plan s density. He stated that under the current proposal this area would be significantly reduced in terms of allowable density from 3-6 to a 5-acre minimum lot size. The estimated development potential would be reduced from 470 units to 80 units. The following members of the public addressed the Council and the Commission: Ramon Alvarez, Windsor resident Daniel Spain, Windsor resident Ross Albertson, Windsor resident The following items were discussed by the Council and the Commission: Property owner requests Low density land use designations Direction: Designate westerly parcels to Estate Residential Change boundary of eastern edge are to include only the properties north of Jensen Lane plus Ross Albertson s property located at 595 Jensen Lane The Town Council and Planning Commission recessed for a break at 7:49 p.m. and resumed the joint study session at 8:01 p.m. Mayor Millan and Chair Albini returned to the dais. Consultant Ursu introduced the following topic for discussion: Property Owner Land Use Requests. He referenced the PowerPoint slide containing property owner requests for changes in land use designations and stated that he would focus on the first 10 properties. There are five different property owners that represent the 10 parcels. Consultant Ursu began by discussing requests numbers one through three. Request #1: Vacant (Shiloh Road at Skylane Blvd.) Owner/Representative is Airport Business Center, Richard Coombs. Request #2: Vacant (Luisa Way at Vintage Greens Dr.) Owner/Representative is Airport Business Center, Richard Coombs.

4 MINUTES TOWN OF WINDSOR TOWN COUNCIL AND PLANNING COMMISSION Special Joint Study Session October 27, 2016 Page 4 of 5 Request #3: Vacant (19 th Hole Dr. at Golf Course Dr.) Owner/Representative is Airport Business Center, Richard Coombs. The following members of the public addressed the Council and the Commission: Natalie Balfour, Windsor resident and developer Alan Lee, Developer Richard Coombs, Airport Business Center Owner/Representative Chris Jones, Windsor resident Matthew Melchiori, Windsor resident Trini Amador, Windsor property owner The following items were discussed by the Council and the Commission: Affordable housing availability Commercial/Mixed use Land use designations Tree preservation Different housing types and products, such as for sale versus for rent Consultant Ursu discussed request number four. Request #4: 8975 Conde Lane (Conde Lane at Armando Renzullo Way) Owner/Representative: Conde Village LLC/Edward Rubinstein The following item was discussed by the Council and the Commission: Retail commercial land use designation Consultant Ursu discussed requests numbers five through nine. Request #5-9: Multiple Addresses (Old Redwood Hwy at Windsor Road). Owner/Representative is Telfer Oil Co., Mike Telfer Councilmember Foppoli recused himself from the meeting at due to a conflict of interest. He has an economic interest in 460 Walden Way. The following members of the public addressed the Council and the Commission: Steve Reilly, spoke on behalf of the Telfers, current owners of the properties Robert Cruz, Windsor resident Belinda Andrews, Windsor resident Jeff Neong, 104 Duchess Court The following items were discussed by the Council and the Commission: Lowering and increasing density Environmental issues

5 MINUTES TOWN OF WINDSOR TOWN COUNCIL AND PLANNING COMMISSION Special Joint Study Session October 27, 2016 Page 5 of 5 Infrastructure improvements There was consensus among the Council and Commission to decrease the density for the two parcels on the west side of Old Redwood Highway. Consultant Ursu discussed request number ten. Request #10: 895 Shiloh Road (Shiloh Rd at Conde Ln) Owner/Representative: Olufs Ranch LLC Rick Olufs, Windsor property owner Ed Amormino, Micro-Vu Corporation, potential property buyer of Olufs The following items were discussed by the Council and the Commission: The Council and Commission were in favor of changing the land use designation of the entire parcel to Light Industrial. Staff recommended that the discussion on mixed use development be moved to the November 16, 2016 Town Council meeting. At this meeting, the Shiloh Road east area and the Civic Center area will also be discussed. The Council and the Commission were in agreement. 8. Adjournment The meeting adjourned at 9:21 p.m. to the next Town Council meeting scheduled for Wednesday, November 2, 2016 at 6:00 p.m. in the Civic Center Council Chambers located at 9291 Old Redwood Highway, Building 400, Windsor. The next Planning Commission meeting is a regular meeting scheduled for November 8, 2016 at 5:30 p.m. at the Windsor Senior Center located at 9231 Foxwood Drive Windsor. Approved and adopted by the Planning Commission on this 13 th day of December, Amanda Gray Senior Administrative Assistant Approved and adopted by the Town Council on this 5th day of April, Maria De La O Town Clerk

6 MINUTES SPECIAL JOINT WINDSOR TOWN COUNCIL, WINDSOR WATER DISTRICT AND WINDSOR REDEVELOPMENT SUCCESSOR AGENCY MEETING 6:00 p.m. MEETING LOCATION CHANGE: Windsor Senior Center 9231 Foxwood Drive Windsor, CA CALL TO ORDER Mayor Millan called to order a special meeting of the Town Council (Council), the Board of Directors of the Town of Windsor Water District (District), and the Windsor Redevelopment Successor Agency at 6:00 p.m. 2. COUNCIL ROLL CALL Present at roll call were Councilmembers Foppoli, Okrepkie, Vice Mayor Fudge and Mayor Millan. Councilmember Salmon was absent. 3. PLEDGE OF ALLEGIANCE Police Chief Carlos Basurto led the Pledge of Allegiance. 4. CHANGES TO THE AGENDA The agenda was reorganized to consider Agenda Item No (Discussion and Consideration of the Effects of the Passage of Proposition 64 Legalizing Recreational Marijuana) immediately following Agenda Item 12.2 (2016 Summer Nights on the Green Summary Report). 5. REPORT OUT OF CLOSED SESSION Mayor Millan announced that the Closed Session on the Town Manager s Performance Evaluation scheduled for the Town Council meeting of November 2, 2016 was removed from the agenda. Therefore, there are no Closed Session announcements to report. 6. PRESENTATION/PROCLAMATION 6.1 Presentation of a Plaque Recognizing Kristina Owens, Administrative Operations Manager with the Administrative Services Department, as the Employee of the Third Quarter Mayor Millan presented a plaque to Kristina Owens, Administrative Operations Manager with the Administrative Services Department, as the Employee of the Third Quarter. Page 1

7 Ms. Owens remarked on her acknowledgement and thanked Council. 7. ANNOUNCEMENTS a. Upcoming Town Events Councilmembers announced various upcoming Town events. b. Status of Lytton Rancheria Development Town Manager Kelly reported that there has been no movement on the BIA administrative track. c. Status of General Plan Update Town Manager Kelly reported that there will be a Special Town Council meeting on Monday, November 28, 2016 during which Council will be presented with the Final Draft General Plan Update. 8. CONFLICT OF INTEREST DECLARATION None. 9. PUBLIC COMMENT Mike Freedman, Windsor resident, raised concerns regarding the Town s Computer Hardware Replacement and Inventory program and asked that it be pulled from the agenda for discussion. Julian Cohen, Silk Road, read half a page from a book titled Community by Peter Block regarding the importance in investing in community engagement. Julia Donoho, Windsor resident, spoke regarding political signs. Rosa Reynoza, Windsor resident, asked that Council respond to comments made by speakers with courtesy. At this time, Assistant Town Manager Kazarian responded to Mr. Freedman s comments regarding the Town s Computer Hardware Replacement and Inventory program. She explained the reasons why the Town needs to replace its computer equipment and that the Town has a computer surplus policy. 10. CONSENT CALENDAR Councilmember Foppoli moved to adopt the following Consent Calendar items. Councilmember Okrepkie seconded the motion. The motion to adopt all items passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS FOPPOLI, OKREPKIE, VICE MAYOR FUDGE AND MAYOR MILLAN COUNCILMEMBER SALMON Page 2

8 10.1 Approval of Minutes Approved the regular meeting minutes of November 2, Protest to Petitions for Change and Petitions for Extension of Time for Sonoma County Water Agency (SCWA) Permits 12947a, 12949, 12950, and (Applications 12919a, 15736, and 19351) Approved a letter protesting SCWA s Petitions for Change and Petitions for Extension of Time for Permits 12947a, 12949, 12950, and (Applications 12919a, 15736, and 19351), and authorized the Town Manager to sign the letter on behalf of the Town Computer Hardware Replacement and Inventory Program Adopted Resolution No amending the Fiscal Year budget as part of implementing a computer replacement program. 11. PUBLIC HEARING 11.1 Adoption of an Urgency Ordinance Amending the 2016 California Code of Regulations Title 24 Community Development Director MacNab reported on the item. Mayor Millan opened the public hearing. There being no public testimony, Mayor Millan closed the public hearing. Councilmember Okrepkie moved to adopt urgency Ordinance No amending the 2016 California Code of Regulations Title 24 and the 2015 International Property Maintenance Code with local amendments to the Town Municipal Code. Councilmember Foppoli seconded the motion. The motion passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS FOPPOLI, OKREPKIE, VICE MAYOR FUDGE AND MAYOR MILLAN COUNCILMEMBER SALMON 12. REGULAR CALENDAR 12.1 Community Development Block Grant Priority Projects Administrative Operations Manager Owens reported on the item. Mayor Millan opened the meeting for public comments. None were forthcoming. Councilmember Okrepkie moved to adopt Resolution No designating the Starr Road ADA Sidewalk Phase 4 project for Community Development Block Grant funding project as its number one priority project and authorizing the submittal of a funding application to the Sonoma County Community Development Commission for Fiscal Year Vice Mayor Fudge seconded the motion. The motion passed by the following vote: Page 3

9 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS FOPPOLI, OKREPKIE, VICE MAYOR FUDGE AND MAYOR MILLAN COUNCILMEMBER SALMON Summer Nights on the Green Summary Report Recreation Program Supervisor Bagley reported on the item and provided Council with a report on the 2016 Summer Nights on the Green. Mayor Millan read into the record comments made by Councilmember Salmon. Mayor Millan opened the meeting for public comments. Mike Freedman, Windsor resident, asked Council to explore options to keep youth engaged during Town concerts. Christine Tevini, President of the Windsor Chamber of Commerce, spoke in support of implementing the suggestions made by Town staff. Mayor Millan closed the public comment period. Council supported the staff s recommendations for the 2017 season and directed staff to explore options to engage youth during the Summer Nights on the Green concerts. Council discussion was also held regarding the process for the selection of members for the Band Selection Committee. Staff will come back with options for the 2018 season Discussion and Consideration of the Effects of the Passage of Proposition 64 Legalizing Recreational Marijuana through the Control, Regulate and Tax Adult Use of Marijuana Act, and Consideration of Adoption of Two Interim Ordinances Adopted as Urgency Measures Establishing a Temporary Moratorium on Outdoor Cultivation of Nonmedical Marijuana, and Indoor Cultivation (Except Under Certain Circumstances), of Nonmedical Marijuana Town Manager Kelly reported on the item. Council discussed and considered the Town s options for addressing the impacts of the passage of Proposition 64 which legalizes recreational marijuana. Town Attorney Donoghue, Police Chief Basurto and Sergeant Cash responded to Council questions. Mayor Millan opened the meeting for public comments. Page 4

10 The following members of the audience addressed Council and remarked on the passage of Proposition 64: Judy Ghilotti, Windsor resident Betsy Mallace, Windsor resident Robert Mann, Windsor resident Colby (no last name given), Windsor resident Marlon Young, Windsor resident Rosa Reynoza, Windsor resident Council provided direction to staff regarding other aspects of Proposition 64 which impact the Town, including commercial activities, deliveries, smoking, possession within Town buildings and hemp production. Councilmember Okrepkie moved to adopt interim Ordinance No as an urgency measure establishing a temporary moratorium on the outdoor cultivation of nonmedical marijuana to allow the Town to study the impacts of Proposition 64. Councilmember Foppoli seconded the motion. The motion passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS FOPPOLI, OKREPKIE, VICE MAYOR FUDGE AND MAYOR MILLAN COUNCILMEMBER SALMON Councilmember Okrepkie moved to adopt interim Ordinance No as an urgency measure pursuant to California Government Code Section of the Town of Windsor establishing a temporary moratorium on the indoor cultivation of nonmedical marijuana (except under certain circumstances) to allow the Town to study the impacts of Proposition 64 as amended below. Council made the following revisions/additions to the ordinance as follows: Indoor grow lights shall comply with the applicable provisions of the California Building Standards Code as adopted and amended by the Windsor Town Code, to the satisfaction of the Town Building Official. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of, or for manufacturing or processing of, cannabis products and nonmedical marijuana is prohibited. Councilmember Foppoli seconded the motion. The motion passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS FOPPOLI, OKREPKIE, VICE MAYOR FUDGE AND MAYOR MILLAN COUNCILMEMBER SALMON Page 5

11 Council recessed from 8:13 p.m. until 8:20 p.m. and reconvened with all members present except Councilmember Salmon Presentation and Discussion of Follow-up Topics Pertaining to the Draft Land Use and Community Design Element of the General Plan Update Community Development Director MacNab reported on the item and introduced M-Group Consultant Emmanuel Ursu and Senior Project Manager Chelsey Payne with Mintier and Harnish. Ms. Payne reported on the implementation of the Civic Center Visioning Study and the mixed-use land use designations. Mr. Ursu reported on the requests for land use designation changes in the Shiloh Road East Community Place. At this time, Mayor Millan read into the record comments made by Councilmember Salmon who was absent related to the Civic Center Visioning Study and General Plan implementation as well as mixed-use land use designations, and land use designation changes in the Shiloh Road East Community Place. Mayor Millan opened the meeting for public comments. 1. Civic Center Visioning Study: The following members of the public addressed Council regarding this item: Lois Fisher, Windsor resident and member of the Planning Commission, showed two slides depicting existing and proposed roadways Mike Freedman, Windsor resident Steve Rilley, Land Advisors Organization, representing Telfer property Julian Cohen, Silk Road Land Use Town Attorney Faubion clarified that the number of comments heard were regarding the Civic Center Vision Plan. She stated that the Civic Center Vision Plan will come back to Council for review in the near future. The item on tonight s agenda is more focused on the General Plan. 2. Mixed-use Land Use Designations: Councilmember Foppoli commented on this item and left the meeting at 9:00 p.m. Land Use Town Attorney Faubion stated that Council is to provide only direction to staff and consultant and that no action will be taken tonight. Mayor Millan opened the public comment period. Page 6

12 The following members of the public addressed Council regarding this item: Kevin Farrell, Architect in Santa Rosa Julian Cohen, Silk Road Marlon Young, Windsor resident Jeff Hess, Hawkins Companies, LLC Michael Freedman, Windsor resident Lois Fisher, Windsor resident and member of the Planning Commission Richard Coombs, Windsor resident 3. Land Use Designation Changes in the Shiloh Road East Community Place: Mayor Millan opened the public comment period. The following members of the public addressed Council regarding 210 Shiloh Road: Lisa Amador, property owner of 210 Shiloh Road Michael Freedman, Windsor resident Wendy Nunes, Nunes Winery Jeff Hess, Hawkins Companies, LLC The following members of the public addressed Council regarding 295 Shiloh Road: Annette Cooper, Realtor with Keegan and Coppin Company, representing 295 Shiloh Road Jeff Hess, Hawkins Companies, LLC Lisa Amador, property owner of 210 Shiloh Road Michael Freedman, Windsor resident Julian Cohen, Silk Road The following members of the public addressed Council regarding 376 Shiloh Road (Vicini Property): Michael Freedman, Windsor resident There being no further comments, Mayor Millan closed the public comment period. Council discussed mixed-use land use designations, the request of the owners of 295 Shiloh Road to change the designation from BMU to Gateway Commercial (GC) and the request of the owners of 376 Shiloh Road to allow grocery stores in the GC land use designation. The majority of the Councilmembers present indicated support for horizontal mixed-use in the Neighborhood Center Mixed Use designation. It was noted for the record that final direction on these topics was continued to the special Council meeting of November 28, 2016 for further discussion and action by the full Council. Page 7

13 12.4 Discussion and Consideration of the Effects of the Passage of Proposition 64 Legalizing Recreational Marijuana through the Control, Regulate and Tax Adult Use of Marijuana Act, and Consideration of Adoption of Two Interim Ordinances Adopted as Urgency Measures Establishing a Temporary Moratorium on Outdoor Cultivation of Nonmedical Marijuana, and Indoor Cultivation (Except Under Certain Circumstances), of Nonmedical Marijuana (Clerk s Note: This item was considered immediately after Item 12.2.) 13. MAYOR'S & COUNCILMEMBERS' REPORTS 13.1 Individual Councilmember Reports and Comments, including Reports on Meetings/Conferences and activities of miscellaneous agencies Councilmembers reported on meetings and items of interest to Council Councilmember Requests for Future Council Agenda Items None. 14. TOWN MANAGER S REPORT (ORAL REPORT) No report was made. 15. ANNOUNCEMENT OF CLOSED SESSION TOPICS/ ADJOURNMENT TO CLOSED SESSION Mayor Millan announced the following closed session item at 10:20 p.m COUNCIL ROLL CALL Present at roll call were Councilmember Okrepkie, Vice Mayor Fudge and Mayor Millan. Councilmember Foppoli and Salmon were absent PUBLIC COMMENT Mayor Millan opened the public comment period. No comments were made PUBLIC EMPLOYMENT Title: Town Manager s Performance Evaluation Consideration of Town Manager s Performance Review pursuant to Government Code Section 54957(b)(1) PUBLIC EMPLOYMENT Title: Town Attorney s Performance Evaluation Consideration of Town Attorney s Performance Review pursuant to Government Code Section REPORT OUT OF CLOSED SESSION The Closed Session adjourned at 10:50 p.m. There was no action taken during the Closed Session. Page 8

14 16. ADJOURNMENT The meeting was adjourned in honor and memory of Windsor s long-time resident Floyd Coakley at 10:50 p.m. The next meeting of the Town Council is a special meeting scheduled for November 28, 2016 at 5:00 p.m., in the Senior Center, located at 9231 Foxwood Drive in Windsor. The next regular meeting of the Town Council is scheduled for December 7, 2016 at 6:00 p.m. in the Civic Center Council Chambers located at 9291 Old Redwood Highway, Building 400 in Windsor. Maria De La O, CMC Town Clerk Page 9