Folsom City Council Regular Meeting

>> we will go ahead and call to order the regular meeting of the folsom city council for January 26. [Roll being called]. >> would you all please rise and join me for the pledge of allegiance?>> I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> agenda updates. Assistant city manager, elaine, do we have anything?>> [ Indiscernible-low volume].>> we have to on 7 h, connect for alignment. And we have two on 8 a, connect for appeal. A copy of all of those are on the back.>> 7 c?>> [ Indiscernible-low volume].>> okay, I have got it. Thank you for that.>> we are going to do scheduled presentations. At this time I am honored to give the state of the city address and talk a little bit about folsom. I would've -- I appreciate everybody who is here this evening and certainly those at home on the web. I have my colleagues appear -- up here and the senior staff for the state. This is a team effort. I am prevent -- presenting the state of the city of folsom.>> there is no question that the city of folsom is an excellent place to live, work and play. We have accolades across the state and more importantly, across the country. Let me give you a view of the 2015 rankings. The best place for family and 2015 -- in 2015. We were number 22 in the wall street journey. Best suburbs into thousand 15. Best cities -- in 2015. Best cities in 2015. There are a few more and I could go on and the accolades continue to grow because of the community we put together. We have, thanks to prudent forethought and planning, a balance to services. I need to thank the former mayor andy moran -- tiki five. He met -- andy morin. Last year they were balancing the budget while putting money into the reserve rainy day fund. They were also investing in the infrastructure. As far as the budget, we have a healthy budget balance on time and we delivered it in April. The state of california allows until June 30 and we did our first in April. We put money in reserves and those are important because we just came through one of the worst recessions. We needed to make sure that services were not just -- decreased or that people felt unsafe or deprived of the opportunity to recreate in the city of folsom. We were smart and we put money in reserves to make sure that you never felt the impact of the services in your city. We have increase the city's major economic resources because we are pruett -- prudent and a business city -- business friendly city. We run within the limit of the lot as can with businessrlier. It allows the city to insist -- restore and enhance current initiaticity of folsom added to the reserves. The first thing out of his year every year is where's the serve, where is the balance, where's day fund and had we protect employment -- how do protect employment? We have public safety and the public in the structure. I say those on purpose. It is a balance community. Without those, we don't have community and we don't win awards and play. We invest in the infrastructure and the project highlights include widening -- the widening project to six lanes. The transportation and land use for the most astounding paused -- projstate. Congratulations. We just got that honor the other week. We completed $1.6 million in street overlay repayment projects. We completed flood control projects illuminating historic flooding. We invested approximately $4 million into water and wastewater capital projects. What you will see coming ahead our projects including lighting the green valley rd. At the county line. And bridge rehabilitation and the continued led street light retrofit. A lot of these awards were not done by the senior staff and employees, they were done by everyone. The rank that we received was looking at a number of topics. i will touch on a lot of them, well, I will touch on most of them, let me put it that way. These criteria are used to rank all cities nationwide. They typically measure employment opportunity, housing opportunities/of thorek -- affordability, education, attractive neighborhoods, housing and community life. I will walk you through these categories so you know how folsom ranks. If you don't know, think about where you would rank these and the city of folsom in your own lifestyle. Employment opportunity is known as economic development. I will look at both of them. This year we will welcome major employers to folsom. We have school data system power school, toshiba and we will also welcome mikuni, dick's sporting goods, lifetime fitness will also open here soon. Major companies that are now expanding our companies such as advent technologies, jim boy headquarters, usp global. These employers bring high- quality to the area and strengthen the fabric of the local economy in a vibrant business community. Including these other major outstanding employers. We welcome these to the ones that we currently have and I want to give a special shout out to the intel corporation. Intel, like many partners not only sits back -- they usually take a lead role in technology. We are just now seeing that they have won many awards. You can go by their campus to see all of the new solar technology. They just launched another 6.5 mw -- $6.5 million megawatt facility. They continue to strive to look for new and greener ways to improve. We also have a great partnership with the california corrective rehabilitation department. Also the school district and micron technology. That just names if you. We wreck -- a few. We recognize everybody has been great employers and partners for folsom. Recently the business journal just identified five of the top 10 manufacturers in the state of california and they are here in folsom. That is not by accident. It is because we welcome business and we are all about business. Business and government have to play roles and they have responsibilities to create and sustain a community such as folsom, or any community for that matter. >> housing opportunity and affordability. Folsom is a highly desirable place to live. A lot of people in my profession which is real estate and mortgage can see that. There is low inventory in the city right now and for some it is tough to buy a house in the city because nobody is selling. I guess you will have to buy one of the new houses. Folsom had a increase in housing permits. That is the first train we started to see coming out of the session. Folsom has been a leader. We plan 10-15 and even 30 years down the line. The median average price home and folsom is $453,000. The property values continue to increase up about five point up about 5.12% year over year for 2015 alone. We have a 72.3% homeownership rate which is one of the highest in the nation. Again, by design and by careful planning, powerful -- thoughtful planning and balanced planning. The average annual income is $108,000 per year. The unemployment rate, thanks to all here and in the business community, it is 3.7%. The statewide average is 5.8%. We consistently ranked among the lowest unemployment in the entire state. >>> planning for the future in the folsom plan area which is south of 50. It is roughly the same size as the empire ranch parkway area. The key here, and I will touch about -- touch on this in great detail. I will be candid and blunt and honest with you. That is what we as your governing body need to be. Honest and straightforward. The fact that I'm going to give you here can be ascertained by going to our website. You can actually read the documents that I'm going to reference here as we go along. We have 10,000 houses plan south of highway 50. That is not going to happen tomorrow, despite rumors. It will not happen overnight. it is a 25-30 year plan. 25-30 year plan. Let me put that into perspective. Mayor johnson from the city of sacramento announced over the next 3-5 years that the city of sacramento will build 10,000 houses. Nobody in the region, specifically our local rate -- local media, not here in folsom, but the other local media. There was not one complain about where the water was coming from. I will hit water in a minute. In addition to that, because of levee improvements, up to 1500 permits per year. They have enough entitlements that they can do it for each of the next three years and that is $4500. If I do the math right, that is 642. Anybody? That is 14,500 houses in the next three years just in the city of sacramento city limits. Ours is 25-30 years and 10,000 houses. It doesn't happen overnight. The theme from this point forward will be to educate yourself and learn about your community and how you can make a difference. Don't just read something in the newspaper or on facebook or other social media. It is in common on you to learn the truth. This is your community. This city and this community build a plan. This is the plan. Over 20 years ago, this community came forward and said, this is what we would like to see south of highway 50. Thousands of hours and hundreds and hundreds of hours and workshops and planning commission meetings and city council meetings and parks and recreation. Everything. Nothing was left overturned. 20 years. People say, why did he take 20 years? Because we wanted to do it right. We only have one shot to do it right. I challenge everybody, my colleagues as well. Those that were before and knows that are here now, not only will we get it right, we will do it better. We have learned things. For example, out of 3000+ acres, we are preserving in perpetuity approximately 1/3 of that is natural open space. That is over 1000 acres of 1000 -- of natural open space. We are going to preserve the old growth. The theme here is preservation and balance. It has to be preserved and balanced. We are going to integrate commercial, industrial, educational, municipal and certainly residential. Housing in all types of products south of highway 50. I encourage you, if you have not seen it, to go to the city's webpage. Look at the community plan that the community put together for the city of folsom. You will see some pretty cool things. more trails, more open space, a town center where you can work and play without getting into your car. A transportation system where you don't have to get into your car. You can get on a bus. Hopefully it is a point where -- a time when I am still alive and you can get on the light rail. If you want to ride the train back, that is fine too. The key is that this is a community plan. We came to the community when they came -- when the request came to us from private landowners. The key word is private landowners. They said, we would like to be part of the city of folsom. My colleagues and I and the senior staff looked at the opportunities and challenges with that request and we determined that it is in the best interest of the city of folsom to take that property and make it the city of folsom. We were not happy with development from the county. We were certainly looking at our partners to the west in rancho cordova with the stuff they excite -- they inherited when it became a city. I need to tell you I am proud of rancho cordova with what they have done. They have done a really good job with incorporation. We have a higher standard in my opinion. We just have a certain standard that the community demands. Since I got here and you got here and the people coming in. so, we went to the community. What is your plan? The community put a plan together and spent thousands of hours and workshops and community planning. Things that we as council members and the senior staff and all the way down to planners spent hours and hours and hours with the regulatory agencies that we have to get approvals from. With the regulatory agencies that grant the approvals and denials. Over hurdles for animals, water, native american preservation and so on. Once the community said, that is our plan, it was the responsibility of the city council to incorporate that plan in a charter amendment, the folsom city plan, measure w. Here is what it says. You don't have to take my word for it. It is on the webpage and you can read. It says succinctly that anyone -- anything pals -- south of highway 50 must be paid for by people south of highway 50. It is in our charter. Any water south of highway 50 must be from south of highway 50. You cannot take water from north of highway 50. Read the rules. >> when I said court, the city of folsom, in their wisdom and forward thinking, suit ourselves to challenge measure w on the water delivery plan. The sensitivity to water is extremely important and it always has been. The court took about six months, if I remember correctly. It was unanimous opinion that the water delivery plan and water supply for south of 50 did not violate the community plan which was also known as measure w. The court has validated that no water north of 50 is being sent to the project development areas south of highway 50. The community also said that we want open space. They said we want more recreational opportunity. We are going to put in 34-40 miles of bike trails, similar to what we have here. There will be schools, parks and municipal contracts were police and fire for the city government. There will be a sports complex and recreation center. All of the amenities that you see here will be south of 50 because that is what the community asked for. Are we going to change the plan? No. I understand that you were not here when this plan was developed and certainly you have an opinion and a right to challenge the plan. If you want to change the plan, you have to take up with the community said in 2004 when they passed measure w. It is, put it on the ballot and in the -- and in the charter, they were not changed by some city council. It is a community plan. It's our job is officials to implement the plan. We are going to start the infrastructure this year and i am proud to say that is being paid for 100% of the landowners south of highway 50. It is not being paid for by us.>> tohing upon water. I want to get one more point and then I will move on. We should always conserve water, rs if the lake is full or not. That's the right thing to do. New ways to conserve water and landscape derek -- and landscape there is a -- landscape irrigation. We should always be conserving. The nice thing about conserving water is that has anybody seen their water bill go up? Not if you are part of the folsom city water utility. Why is that? Forward thinking says that we have to plan. They are one of the big proponents. Planning for the rainy day. We alsodo that with the enterprise fund. Specifically I am referring to water. We have a water reserve. You have heard all of the water agencies up and down the state and even around us, what you do? You conserve water and the water bills go up. Why? You have an infrastructure that is built for weather 1 gallon goes through or 5 gallons go through, the infrastructure is there. The more water that goes through, the more revenue because somebody is buying the water. Whether to house or business or what not. we know it is the wrong thing to do to ask you to conserve and then turn around and raise your water bill. So, our utility commission and are waters -- our water staff in the senior staff on the city council have agreed not to raise the water price as you conserve. Thank you for your conservation. We are not penalizing you and we will continue to do that. It's the right thing to do. I ask you to please conserve because it's the right thing to do. We never know if we will have a full lake or a dry one.>> last but not least on water. The city of folsom has water rights that will enable the city to completely filled out over the next 25-30 years and feel comfortable and safe that are water allotment rights are there. Now, whether there is water in the lake or not, that is called balance. I challenge folks that we should not be building unless the lake is full. With that ideology, that is as irresponsible as saying must go out of control we have a dry lake. It is a balance. You have to understand the delivery of the water, the need of the water and the conservation of the water. It is a balance.>> let me give you a couple of party favor thoughts. For every 10 feet that the lake in folsom reservoir goes up or down, the city of folsom has total buildout. that includes south of highway 50. It accounts for 1/8 inch. Two times more water evaporates from folsom lake than what we use in the summer, total. Two times more evaporates. Humans account for 11% of the statewide total water consumption. 79% as agriculture and environmental cues. The governor made comments the other day in his state of the state address -- use. The governor May comments the other day in his state of the state address saying we needed to find more storage for groundwater. He does not want to hit -- pit farmers against fish. That was a quote and it's not for me. Those are the biggest and heaviest water users in california. We recognize that. Cut any one of those two mack just 1% -- those two just 1% and there is enough water for the state of california for one year. You asked them to conserve 25- 35%, it is disproportionately wrong. But, we are happy to do our part. Some of the ideas that the governor has put out, I am happy to see a light at the end of the tunnel for a more balanced approach with how we use water in our state. I apologize for drawing on water. It has been key to this issue for the last four years. It always has been a top priority and it always will be. you want to make sure that your faucets have water running and that you can flush or toilet. As important, or if not the most important is water for the fire department hoses. So, please educate yourselves. Go to the webpage and learn about what your city is doing. Learn about what your city is saying and learn about the future. Learn about what we are doing and how it affects you today.>> one last thing. Despite the rumors, we do not control the flow at a folsom dam. Folsom dam is a federal project controlled by the army corps of engineers and the bureau of reclamation. So, the next time that you read a post and social media or the newspaper, how dare folsom releases that much water? Don't they know they are wasting water? Call your congressman. It is a federal facility controlled by the federal government. I do have to say, however, that we have a great relationship with the bureau of reclamation and the army corps of engineers. We work well with those folks and given the new technology and information that they have now increased their standards as far as how they measure the releases, the inflows and outflows and the antiquated old charts. We -- it is July we release this much. They look at new data and they preserve what we used to waste. I say used to waste.>> thank you to my colleagues and those of you watching in the region. Thank you to those who make sure that we run our facility properly and store for rainy day. I can tell you that we have not built new storage since 1979. Except for a small facility in southern california, we have not built anything new since 1979. I don't want to tell you how many people have moved here since then. >> one of the other reasons that we hear why people choose to call folsom home ranks extremely high. Part of the reason we run -- won accolades as our schools. We have a great relationship with the school board and we break -- meet with them on a regular and continuous basis. More importantly, not issues that impact us. How can we be better in the economy of scale. Producing better schools and environments for kids and sharing recreational activities. We have spent many years with a charge of designing and operating extremely well- planned out and well run joint use agreements. Ernie, thank you for all of your time with that. We even name the park after ernie. We did that to acknowledge that. He has spent countless hours. I know the council member morin has spent countless hours too. Every time a new facility is built, that is program for the community. Their kids are our kids. it's a great partnership and I want to thank them.>> we have to national blue ribbon schools and nine california distinguished schools in folsom. Folsom high school top the list of the nation's top high school. -- topped the list of the nation's top high schools. This to delgado and folsom high school made the U.S. News & world report ranking of best public schools. You cannot say anything without the accolades of the sports programs. The basketball and football teams were sectional championships. The girls golf and boys and girls cross country were also 2015 sectional champs. Folsom college, we have an outstanding community college system that offers quality education to 84 student system wipe and representing more than 30 countries. The morse -- the most diverse in the 30 year college history. Students earn degrees in social and behavioral sciences, math, sciences -- and sciences. The university of california davis, berkeley. California state university, sacramen, chico and san diego. We are feeding ground for the students to have a quality outstanding education. Measure g approved by the voters . >> it was passed in 2014 to renovate, construct an update classrooms, portables in school facilities. We are excited to see these projects and the physical changes at facilities. There is actually a correlation that the better facility allows more academic success for the students.>> these projects will move forward and I have the school district superintendent to give a report to the community in our first meeting of March of this year.>> safe and attractive neighborhoods. I can tell you from the many times that we have spent in neighborhoods, and we are out all the time. We have great schools and great businesses, but to truly foster and maintain a sense of community is the residential neighborhoods that we have. They fesafe all the time. We measure by a number of things and I won't bore you with all the categories. Suffice it to say that this is one example. When you need help, 99% of our 911 calls in 2015 were answered within 10 seconds. 10 seconds. That does not happen in most communities. I can say with certainty that we were -- that we are probably one of you in the entire country that can say that with such confidence, such truth in such convention -- conviction. While many cities have the local community and police department at odds. We enthusiastically support each other. We have connected neighborhoods and a strong relationships with residents in public safety. There are programs that the police department puts out such as business watch. they have lunch communication. We fought crime going on with that. We have coffee with the cops. One cup of coffee at a time in the communities that we serve. The police department and the fire department, my colleagues and I and the senior staff go out and talk about what is going on. Challenges and opportunities. What can we do better? We never sit back. We promote crime prevention and policing community partnerships and neighborhood come rodrigue. -- come rodrigue -- camaraderie. >> I need to say that I am proud of the fire department. We had arran this year with fire -- wildfires -- a horrendous year with wildfires. We had people out for weeks at a time. We are fortunate there were no major injuries and all of our firefighters came home safely. We know from mutual aid calls that the police department was out for days and weeks at a time. Congratulations and thank you for a job well done. Thank you for coming home safely to your families. It meant a lot.>> the fire department has recently added 7 new firefighters. We are going to continue to invest in public safety. We are looking at the money and how we can program a new fire station in the empire ranch area, station 39. We will continue to have the folsom police department monitor some of the scary things about proposition 47. I will say bluntly, proposition 47 major believe it was for safer schools and neighborhoods. Here is the most glowing part that maybe you made not know about -- you May not know about. It decriminalized from a felony to a misdemeanor somebody giving out state -- date rape drugs. Because it is not a felony, that same person can own a day care center. Can you believe that? Somebody that can hand out date rape drugs can run a day care facility. Any facility similar to that. That is one issue of proposition 47 and there are many others. Such as, if you use a gun in a crime that is worth less than $950, it is a misdemeanor. What did they do with misdemeanors? Here is your ticket, appear in court to be charged for your misdemeanor. Here is something I learned at the state capital. There are 60,000 failure to appear warrants between early release program and now proposition 47 of people that have not shown up. 60,000. In comparison, felonies, there is 8000 failure to appear. That is a dramatic effect. We know up and down the state of california that property crimes have gone up. Not necessarily in the city of folsom, but ours is gone up as well. If you are going to park your car outside, please take your garage door opener out of your car. People have gotten smart. They open the garage door and they clean you out and it's a misdemeanor. They will get a ticket and they will probably end up on this list of failure to appear. So, we have to do something about it. We as citizens have to do something about it. We has the government can only do so much about it. It has to be you. We are not about to put out public money to fight the propositions. We can change the legislation. The biggest change that needs to occur is that the legislation hits the governor's desk and we need the governor to sign it. The governor does not like signing the bills that go against a proposition that was voted on by the people. I can tell you that with what he is learning, these are probably a few that he will sign. When it comes up, you will hear about it because we will promote it. Please get out and let the governor know that he needs to sign this one.>> in a nutshell, mayor morin, we did would you said in 2014 when he challenged us. We have continued to grow and develop and balanced community. We've created a great community life that we've done a lot of infrastructure improvement. We have continued recreation improvements. We've created an environment that you want to live here, stay here, grow here and bring your friends and family here. Like I st week at the capital, one of lieutenants used to quote. He was giving a talk about body cameras and he said, you know, we have almost 80,000 people in the city of folsom, but this -- but the community only feels like 15,000. We walk in the street and we say hi. That small-town philly perpetuates as people come in. Let's keep that up. That is what makes folsom great. Let's keep the crime rate down and the schools great. He cannot have said it better. He sees that because he's on the street. For him to say that, it is pretty amazing.>> we have new things going on and I encourage you to check them out. We have a 70th -- 's 70th anniversary coming up. We will put out a few celebrations, but not the giant granite one like we have at the 50 year and the 100 year. I will be around. Anyway, we will let you know what we do for that. I have to say that when you look around our community, I hope use share my pride and confidence in this city and the city government. Most importantly, the community . The community needs to step back and take a deep breath and pat yourselves on the back. Congratulations on a job well done. Also take the challenge that when new people continue to come, reach out with a hand. look them in the eye and say hi. Asked them to get involved and to learn about the city they are coming to. So they can continue to be mentors.>> I heard a great story other -- the other day where he met people at a restaurant that said they had just moved to folsom. This couple is retired and they had the wherewithal to move anywhere they wanted was how the story goes. It picked folsom. So, the manager still had not told them who he was. He said, why did you pick folsom?>> guess what? It was all the things I just shared with you. He was beaming. Oh my goodness. Wow. This waout of his heart, soul and conviction out of looking forward to move his family. That is pretty cool. So, I have a little video that we will queue up here. After you see the video, I will have a closing statement. I want you to see the video because of the commitment that to this community is large and small and everything in between. When you see this video, I will introduce the people. While you watch it, I think you will appreciate the uniqueness of this video and the commitment to the city and the residents of the city. Is it ready?>> [Indiscernible -low volume].>> what ended up happening brought out the entire neighborhood. It is a unique holiday story.>> Reporter: even on christmas in a city like folsom, it is still garbage pickup day. While other kids were unwrapping gifts, this little four-year-old put away the garbage cans. His parents say that he has an obsession.>> >> Reporter: now he not only pulls up his family's trash can, but he does his neighbor's post -- his neighbors. Not just one or two, but 17.>> [Indiscernible-low volume ].>> Reporter: the truck drivers say they see him week after week.>> it is amazing how he goes up and down. It has to be perfect too.>> Reporter: when he needs time to make a list for santa. You guessed it, josiah asked for shiny new garbage cans. [Laughter].>> [Indiscernible -garbled].>> Reporter: it became clear that josiah was on santa's nice let -- list when all the garbage was picked off -- picked up. The garbage truck came back just for josiah.>> all right, look at that!. >> Reporter: at first he was a little speechless and then he went right to work trading the old cans in for the new ones.>> [Indiscernible-garbled].>> Reporter: the garbage men are like rock stars to this preschooler.>> [Indiscernible -garbled]. >> it is just amazing.>> Reporter: they dropped off a remote control garbage truck and over toys. But this four-year-old had his heart set on four new garbage cans.>> [Indiscernible- garbled].>> Reporter: and folsom -- in folsom. [Applause]. >> gueswhat 80s and gentlemen, the star of the show is josiah. Stand up and let everybody recognize you. -- ladies and gentlemen, the start of the show is josiah. Stand up and let everybody recognize you. [Applause]. Applications are upstairs at the public's work does the public works department. You are a model for the community.>> ladies and gentlemen, that is the state of the city address. If I touched on something that touched a nerve, I hope it was positive. If I touched on something you have not heard before, the facts are there, as I said at the begi go to the city's website and educate yourself. Educate yourself because responsibility to this community, whether it is the leaders,the community, the faith-based community, your family, your sports team, and I can go on and on. People are looking to you as a role model to know and learn about your community. The leader and a mentor. Sure the positive things about the community because we have great story to tell. We should always have a great story to tell as long as we live and work together. Thank you for your time. [Applause]. >> so, with that, we are down to business. If you want to have more fun, you are welcome to stick around. We will move on to business from the floor. These are items that anybody wants to speak about that are not on the agenda. I don't have any written requests. Seeing none, we will move on to the consent calendar. There were a couple of items that were identified earlier on the agenda. Do you have that? Please, I'm sorry I missed you. Give us your name and have added.>> good evening counsel. I'm jim harbaugh are -- harbaugh from the rail line. Thank you for your support for this year and in the past. 2015 was a record year. We brought out a full-size training with revenue increasing a little more than 30% over previous years. Even beating our own projections by 9%. So, again, I want to thank you for all of your support through the years. This program is solid and growing and we look forward to more years to come. Anecdotally, you mentioned the story that everett brought forward. I received a call from someone asking for information about the train. They had just moved to folsom from out of the area and we started a conversation. Their thoughts mirrored everything that you said. As far as what brought them to folsom and what they appreciate about this community. So, good job and thank you very much. >> thank you. Congratulations on the 30%. Wonderful. >> with that -- >> Mr. Mayor, I want to apologize for being late. I was working in san francisco and traffic was a nightmare. I did get here for the last few minutes of your speech.>> and elder identified in the agenda. We do have some items on the consent calendar. We had one item pulled which is 7 d as an dog.>> we have items a-c and e-h.>> call the roles please -- the roll please. >> [Roll being called]. >> then we have 17.11 -- 17.11 2.010 pertaining to marijuana cultivation in the city of folsom. Would anybody like to speak on this? >> thanks very much mayor and council. I was reading about this proposed ordinance and the issue came to mind was specifically that the city has a controlled March to enact whateverordinances it chooses. The city has taken a conservative approach which is well within the purview of the city to make this decision. What came to me was specifically with respect to the mobile marijuana services. I don't -- for the record, I don't use the services. But, last year, I broke my arm and as a result of the postoperative infection, I was on my feet and not -- antibiotics for quite a while. -- id -- iv antibiotics for quite a while. This was delivered to me and i was appreciate -- appreciative of that. It was an issue that was important to me and I have no problem with it. When I read this particular ordinance, the issue that came to mind was more of an ethical issue than anything else. There are people hughes medical cannabis lawfully -- who use medical cannabis lawfully. They are disabled, they are not able to access cannabis in the city because we do not permit dispensaries within the purview of the city. They have much more limited effort -- limiting effort to permit the growth of marijuana which is apparently within the city's purview. The issue that came to mind was for someone who is disabled which maybe one person or 100 or 1000 and the city. They do not have access to medical cannabis and they are incapable of accessing it. The service that I was able to receive through my medical care provider, which was significantly important to me and for this group of people, it is not available to them. I don't know because I haven't spoken to the council about this, but it seems discriminatory. Not the services, but the drivers. If there is a cadre of people in the city that are arbitrarily cut off because of their disability for clinical need and not a recreational need. I will not talk about abuses. Everything can be abused in I think we have acknowledge that. but, for people with a sincere clinical need, they are in a position where they will have to rely on others and maybe even the commission of a felony to obtain the medications that their physicians suggest they take. It seems the ordinance prohibiting cannabis delivery focuses not on the delivery system, but on the patient. These patients, however many there May be, can be disadvantaged in that regard. It is a medication that is relied upon -- as a patient who relied upon medical delivery service, I can say how detrimental that can be. That's about it. >> are there any questions from the council? Thank you mark. I need to say for the record that while we have gone through all of our medical marijuana ordinances and whatnot, the laws and the standards and all of that kind of stuff, we are following federal law. I think the federal law was more decisive. It was an indicator that the legal staff and the city council has chosen. For a lot of reasons that you spoke of, mark, there is a reason here and over here. We have historical data and results. We are taking the approach that it is not something we want in our city and we are not willing to take a chance on the abuses that have pertained in these activities, including the mobile delivery of it because it is almost impossible to actually regulate that. so, our discussion, what we talked about it the first time and adopted the first reading, we went over a lot of the issues you brought up. It is a tough consideration. But, right now there is not enough data to support why we should do this as far as not adopting this ordinance. Any medical personnel will tell you that intoxication by alcohol is measurable. You cannot measure intoxication by cannabis. Too much abuse has happened with cannabis. Now, as a shared earlier with proposition 47, there is too much at stake. We have taken the hardline and we have mirrored the federal law. With that, I will go ahead and move to adopt.>> I don't find anything in the ordinance that is discriminatory so I will second.>> [Roll being called ]. >> we have item 8 a with a partial matt s parcel map. It is item number 15-230. This is a qualified judicial proceeding. Therefore, it will be regulated by time and comment. Obviously staff will open up and the city council will ask if we have questions. Then we will opponents present their side. You will have 10 minutes exactly because this is a regulated procedure. If you have not finished, I am sorry, but I will have to stop you. We will have the public hearing opened with time for others to talk. including the applicant who will have their 10 minutes. So, I guess what I'm getting at is this. I'm not trying to be read -- rude, but the -- but because it is a qualified judicial ruling, the time limits will be upheld. >> mayor and city council, what you have in front of you this evening is an appeal from a planning commission issue to the parcel map. This map will have details that we are showing. The map is for 124 124 hills would Dr. Which is opposite the american river from where we are now -- hillswood drive which is opposite the american river from where we are now. This came before the planning commission as a map to farm to lots. We will look at the facts of this particular case. The propty is 2 acres to just under an acre. It apparently has one home on it and it is about 2300 ft.2 when built in 1979. It was expanded after that to 26 -- 2608. It is a moderately sloped site at 12% slope. There are mature oak trees scattered throughout the property. The property is general plan designated single property. It is designated single family large lot. There is a history which will go through quickly. When we have a architectural information and the design review application on January 23, 2003 for conversion of the garage. Subsequent to that time, you have adopted a garage conversion ordinance which would apply. In those days you could apply for your garage conversion. That was denied by the architectural review commission in 2003. There was a parcel map application that came to the planning commission on October 13, 2005. It was approved by the planning commission an appeal by a resident to the city council. The city council granted the appeal and therefore the map was not approved. It was on the basis of sight distance issues. In terms of this particular project proposal in front of you, the applicant would like to subdivide the 8.2 acre parcel into two single-family residential lots. One with the home on it and another that would accommodate a future home. The first parcel is a bout 18,000 ft.2 and the second is a little over 17,700 ft.2. The minimum lot size in this zoning district is 14,000 ft.2. So, in terms of the standards, they are both beyond the standard for this zoning in this designation. In othefor subdivision.>> david, I'm sorry to interrupt. Do they meet r 1-l? >> they meet it and they are all over. The existing home that is there was built prior to some of the setbacks been designated for this zone. It has a less than 35 foot front ack. I believe the front yard setback at this point is 35 feet and can be accommodated within the building layout for the lot split. As you can see in this particular diagram, the lot split is diagrammed. What we do as the applicants to do is to go ahead and put together a site plan to show that the building can be located on this site and be accommodated with all of the requirements.>> david, I'm sorry, can you go back to that for a second. I have a quick question on this. What about the set back? As I looked at the aerial photographs, was there a structure in here somewhere? How close is that? Does it satisfy the setback? >> yes.>> is that a structure with a rooftop? >> yes, there is a structure there. It is hard to see with the trees. Those lines currently exist because this is the larger parcel. Wherever those setbacks are today, the splitting would not impact that.>> okay. >> so, we found that all of those criteria can be met. What we look at quite frankly is that we look at both the environmental issues and the standards. Are theyem or not meeting them? There was a concern the last time that a lot split came to the commission and council about traffic safety. So, we had mro, I consulted that works frequently in the city to put together an -- a study that shows traffic volumes, trip generation, radar speed survey and sight distance given the slope of the rolled -- the road, the foliage of the topography. Whispers -- with respect to those, there was only one issue that came up. You can see from the data presented in the slide that the trips are fairly minor. There is a fairly low trip generation and it is fairly minor and it did not impact any of the standards for carrying capacity, signal as a nation or traffic control. None of those were violated. The only issue that came up was, is there adequate sight distance for somebody driving up and down the street. You can't see people coming out of their driveways. We did find out that there is a potential conflict east of the proposed driveway. They have recommended in the mitigation measure, which are part of the conditions of the approval, the removal of an oak tree cluster near the street. It would have to come out with the driveway anyway. And, regrading the area to reduce or eliminate the great differential to have a clear sight line coming up to the driveway. That would eliminate that issue. At the planning commission meeting, they reviewed the parcel map on November 18, 2015. There were nine residents that voiced opposition to the project citing traffic safety, vehicle safety, vehicle speeding, line of sight, dangerous roadway condition, tree removal and lot size and consistency. The planning commission consider the testimony from the city, staff, residents and traffic consultants. They voted five they voted 5-2 in favor. There was a timely appeal by shannon adams, a resident of the american river estates subdivision. Some of those reasons are outlined here. I believe they have powerpoint presentation where they will go further into the issues. But, they believe that the planning commission staff did not include details on why the previously submitted parcel map was denied by the city council in 2006. The site line was the major issue, at least in the findings. That was absolutely addressed in this study by mro. Additionally, there were specified health and safety concerns that were mentioned. Those were make clear to us as we went through the presentation today. The proposed parcel map would create a small slots in the american river estates subdivision. It does not show they are the smallest, but they are smaller than most of the parcels within the subdivision. And, they do meet the standards by a fair margin. As far as our criteria goes and what you have adopted in the zoning code, they are compliant. >> basket to questions, david. Maybe for the council and said. there was an issue -- instead. There was an issue with the timing in the appeal. Is that not an issue anymore?>> they did address that in correspondence to the city council. In our opinion, the appeal is finally on both grounds. It is a 10 day ground as far as bringing it forward. I think there is no issue on that.>> okay, so the proponent wants to submit testimony on that. I presume that we can rule independently on that issue if it is an issue. >> it is not necessary to make an independent billing, but you could address that if you felt like you wanted it for clear record.>> our opinion nudist -- is that it is timely and going forward. By ruling on the appeal one way or the other, it is a timely appeal and we are making a ruling on that.>> I understand, but I am simply stating that if it is a threshold issue that they have to overcome first before they consider the merits of the actual claim, if he raises it, we should rule on it, correct? I understand your recommendation and opinion, but that is a decision for the decision-making body of bureaucrats. Then the second question is, I did not see in the staff report, and I'm not sure it is here. Let me understand this. There is no actual application for a building here. It is just simply a lot split?>> it is simply a lot split. >> dave, could you go back to the trees as you were talking about taking out? >> I think you can see them on the site plan. The lot split would occur approximately down through here. These are the trees that are right near where the driveway would be. So, what we are talking about, you cannot be removing trees on somebody else's property. So, right here because there is a great differential, to bring that down is what is recommended. >> those are oaks?>> yes, and they would have to meet the preservation code with respect to mitigating.>> as you know, throughout the community, we have sites that could not be developed, residential sites that could not be developed without some tree removal. We try to preserve with that destroying root systems. With that, you destroy the truce.>> I want to provide the time for folks to talk about this. These are shots looking up and down the street. This is the property in question. When you talk about the width of the street and the rural nature and the fact that there are no sidewalks and just rolled curbs. People do walk on the side of the road to get down the road for recreation. That shows you a little bit of the grade difference and the anticipation of trying to see traffic around sites like that. the staff recommends that the city council denied the appeal by shannon adams and approve the tentative parcel map at 18 -- 124 hillwood drive. We have the standards that have been met. We would be happy to answer questions. I know there are is a presentation the opponent would like to make and I know the represen for the applicant would like to make comments as well.>> comments?>> yes david, and one of the attachments to the roof port. I'm tryi find it now. I thought there was -- to the report. I'm trying to find it now, I thought it was an exhibit here. Here it is.>> it is page 46, number 106. It is a smaller lot, 16 505. >> right, everything else is bigger. One of the concerns that I had in these situations is that when you take -- I just want to get a sense of what the neighborhood is in terms of plot size. So, if everybody's lot was 50,000 ft.2 and we were going to allow somebody to have a lot at 20,000 ft.2, that disparity is something to consider. >> I would hope that we would have -- if we want to preserve a large lot neighborhood that we would have a minimum lot size represents what you want. To vote the general plan and the zoning code. If you look at it right now, this lot is.82 acres which is about 36,000-35,000 feet. You can see it is one of the larger and that's why they want to split it.>> the l1l designation is 14,000? >> I thought it was larger than that. >> that is basically 1/3 acre.>> yes.>> okay, that's all.>> I have a question. Educate me a little bit. This is as far as the applicant.>> a consultant, yes.>> anybody can be an applicant for somebody. In the staff report, it did not say what it was for. It just said yourself in the applicant.>> a professional planning consultant was retained by the property owner to assist with the process.>> okay.>> I'm sorry, are you finish? >> yes.>> you said that there was a recent letter from the applicant's representative related to this issue? Or, is it in the staff report?>> there was a recent letter and all of the correspondent that we received should be attached to the report. You can see the January 25, 2016 later. I think he covered the issue on page 3. >> that came following the preparation. May than this one I haven't read.>> that one came following. >> on paragraph 4 of page 3, he addresses it.>> okay. >> it is hard to consider this stuff when we don't get it in advance. In the staff report, if you make an argument, I'm not going to sit here and read it.>> we have the issue with respect to the computation of days. For example, when the 10 days starts. In my letter to him, I indicated that the 10 days commences on the 19th. He indicated that it was the 18th. Both those days are on a saturday or sunday and therefore it rolls over to the next effective day which is a monday. Because we don't do it on saturday or sunday. It was filed on monday for the 10th calendar day of business. >> is there any discussion within this body with regard to the waiver of that? >> we specify it within our code as to when the appeal must be filed. There is also the issue, although I don't think he phrases it in his letter here associated with the consent to win the appeal to be heard. The first time that it can be heard is within 30 days of the actual hearing on the matter. So, it is code driven. It tourist -- it is a jurisdictional, I guess, if you will. I have already articulated that it is in my opinion that way.>> council member starsky, I refer you to h kick number 76. -- h 76. It is a more exhaustive argument with regard to whether the appeal is late or not. That is again on pages 76, 77 and 78. That was the earlier calmed -- correspondence. I know with this paperwork that it's hard to find everything. You can find it as an attachment to the staff report.>> to me, this is a fundamental issue.>> are you telling me this is untimely?>> this is a fundamental argument here. It is a question of -- what I need from you guys then is to tell me the date that the decision from which the appeal is being taken is made. When was the decision made? >> he has a different count of days then you do. >> the appeal was made on November 18, a wednesday night. You count to 10 days thereafter. You start -- whether you start on the 18th, or the 19th. You start on the 19th and count 10 days. It is either the 28th or the 29th. But the 28th and the 29th are a saturday and sunday. The very next business day was the 30th, a monday. That's when the appeal was filed. Therefore, she filed it and then the 10 days. The government code, which I articulated in my letter specified that if there is any act that the last day that it falls upon is a saturday or a sunday, it rolls to the next business day. >> so it is the same as procedure exactly. So, explain to me then why you do not count the date of the decision. I'm trying to read his letter. Do I have your letter here, bruce? >> yes, you have my letter and staff report page 83. >> let me get to that. It is very important. We could be overturned by a court if we don't look at this properly.>> I think the point that you made is that we do not conduct business at night after business hours. It wasn't action of a governing body of the city and decision was made. The next business day, which would be the 19th, starts the clock. In my industry, I have to indicate to the federal government what our business days. I do not conduct business on saturday and sunday. So in legal documents, I don't count saturday and sunday and after 5:00.>> I think it's an academic argument that doesn't matter.>> if it is a saturday or a sunday, the next business day is monday. >> so 6707, it's in our code that the applicant would be short if they did it on a friday. Was saturday and sunday, it automatically carries over. >> then the issue that they raised in the letter was that the appeal had to have been heard within 30 days of the November 18 planning commission. The code says that unless the applicant or the appellate cannot hold it within 30 days. If that is the case, the holiday time period, this is the first day in which the hearing could be heard. As confirmed by our community. >> so that the opinion of the appellee does not matter?>> that's correct. The appellee does not have the right to disagree.>> what meeting code are you referencing that allows them that covers that.>> 16-16-100 which is articulated in this letter in that section verbatim on page 76 of the staff report. Of your packet tonight. It is 16-16.100.>> okay, thank you.>> are there any further questions for Mr. Miller? >> okaythank you. Before we call up the appellate to give a presentation, the vice mayor brought up an interesting comment. Whether or not we should take formal action because we have legal. Whether we just want to hear it, or whether they should come up front to hear it. My thought quite honestly is that we should limit the applicant and representative arguments to that first point. I think it is a fundamental decision that we make here. I have heard counsel's argument and I agree with Mr. Mayor. I would say that we allow them -- the applicant to make his argument. We have read quickly the papers, but I certainly understand and I have heard counsel's position. I am persuaded, but I'm willing to hear from the applicant. >> or, do you just simply want to get to the point?>> let me ask legal here. Is this question procedural? If I bring the applicant up first, the only thing we will be discussing is this issue. >> that's correct.>> I would recommend that the applicant speak on the issue. >> full-size will speak fully to that issue. >> okay, so with that, I will invite the applicants up for discussion regarding procedural. I think that's where we are right now. Unless you would like to say that based on the discussion we have already had with legal that you are okay going forward.>> I just need three monday -- three minutes from the applicant's representative to say, okay we go forward. If that's okay, I will give three minutes to the appellate and then we will deliberate that part. Depending on that is how we did -- we will conduct the rest of the evening.>> I think counsel is right. >> okay, let's give it a shot. If you would like to step forward and tell us your thoughts, this telshe thought. >> I am robert g holder, counsel for the applicant. Because of this, I think we need to go through the merits first. It May be longer, but we have spent a considerable amount of time on this issue. I don't think that we should just treat it lightly. >> we have come to the conclusion and you have had an opportunity to speak on the conclusion, we have asked you to speak on the issue.>> whatever -- what is your position in your thoughts?>> I think as I said in the staff report, we should talk about everything with the appeals in the calendar days and everything of that nature. With what we went through with bruce and his respondent, it is whether 6707 is relevant to the council. Are you a state agency? If the answer is yes, then I could -- than I think it would pertain. I take a different view of that than the one -- the ones in the charter. You specify your own rules to conduct business. It actually states in reference to my second letter which council member starsky is talking about. Your code discusses the computation of time and about the fact that on a sunday or holiday, if that has lapsed. Saturday is a day for doing business. I understand the complexity and I think it is a case in port in the jurisdiction.>> don't run away. >> my question then to you is, if I follow your logic, you are saying that within one -- and 0.4 point -- and 0.4.010 -- that is a practical question. >> I never argued that the first day of the appeal starts on that wednesday. Thursday was day one and then by my count, day 10 is that saturday. >> because you are counting all of the 19th.>> I'm counting the thursday. If it ended on a wednesday evening, you count thursday. >> if you count that, you are saying it brings you to the 28th . >> which would be a saturday. >> so, if we follow your logic in the building is not open on saturday, which it does not, how is the applicant practically speaking -- again, the law is the law. let's talk about how it impacts people. How is that appellant supposed to file the document? There is no stamp and the dropbox like the courthouse. How are they supposed to handle the business of appeal?>> as a qualifying director, I struggle with that too. I'm not going to stand here before you and say that I don't struggle with that myself. But, pursuant to the application, I fell upon that. So, simply doing the math, it is a saturday. It is not my call. Game over, we move on.>> the appellant has an opportunity to speak. I will give you three minutes on your thoughts. >> so, after that wednesday night -- >> could you state your name.>> janet adams, hillwood drive .>> we called and asked how to do an appeal. The city clerk said that we had until the 30th because thanksgiving. The 26th was a holiday and therefore there was no extra day in the calendar because it is a recognized national holiday and they -- in city hall was closed. A lot of people travel on the next day. So, I checked and another neighbor also called and got the same answer. That we could file on the 30th.>> okay, so you feel that your appeal was filed timely. >> yes.>> anybody else on that? >> okay, thank you. >> okay, so bruce, in responding to the letter that was stated yesterday. I don't believe it is the complete citation. Is there other -- I don't have the code in front of me.>> computation of time is one of the other definitions. >> from my perspective, I understand that the ambiguity of the building not been opened and the practicality of meeting somebody to file in a building that is not here. If there were a date stamp where people could put things in a dropbox with a date stamp. It is not unreasonable to rely on 6707e it tends to be a code that governs state actions. It seems appropriate to look for guidance from other agencies. I think the courts would find this to be reasonable in our interpretation. Pardon me? >> [Indiscernible-low volume ]. >> if it's on a saturday or sunday, it kicks to a monday. I would say the appeal is timely and we move forward on the subject of the matter. We all have expertise up here. You can tell he has some legal that I don't have. I rely on him. So, where I am coming from, I hear business space. What is the code in city of folsom with regard to holidays being counted as business days?>> [Indiscernible-low volume].>> so it is irrelevant?>> [Indiscernible- low volume].>> can you do business on a saturday or sunday? The answer is no. >> I wanted that on the record.>> I do refer legally to my colleague, jeff. As a practical, nonlawyer type, the appeal process for the average citizen that want an appeal is very complicated and 10 days becomes a legal issue. They need time to get it done. >> I do understand. In this case, it's an appeal which is