CITY COUNCIL OF THE CITY OF NAPA

955 School Street CITY OF NAPA Napa, CA 94559 www.cityofnapa.org MEETING MINUTES - Final CITY COUNCIL Mayor Jill Techel Councilmember Doris Gentry Councilmember James Krider Councilmember Peter Mott Councilmember Scott Sedgley Tuesday, December 5, 2017 3:30 PM City Hall Council Chambers 3:30 PM Afternoon Session 6:30 PM Evening Session 1. CALL TO ORDER: 3:30 P.M. 1.A. Roll Call: Present: 5- Councilmember Gentry, Councilmember Krider, Councilmember Mott, Councilmember Sedgley, and Mayor Techel 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roberts announced the following supplemental reports and communications: Item 4.O. Building Division Support Services: Announced a correction to the Staff Report; first sentence, page two. The reference to Fiscal Year 2008 should be corrected to Fiscal Year 2018. Item 5.C, 7A, and 7B: PowerPoint presentations submitted by city staff. 3. PUBLIC COMMENT: Chris Craiker, local architect, commented on the difficulties he had encountered while working with the City's Public Works Department. Mayor Techel asked the City Manager for any necessary follow-up. 4. CONSENT CALENDAR: Approval of the Consent Agenda A motion was made by Councilmember Sedgley, seconded by Councilmember Gentry, to approve the Consent Agenda with Councilmember Krider abstaining from Items 4A and 4B. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel CITY OF NAPA Page 1 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 4.A. 1193-2017 City Council Meeting Minutes Approved the November 7, 2017 Regular City Council Meeting Minutes. Councilmember Krider abstained. 4.B. 1196-2017 City Council Special Meeting Minutes Approved the Special Meeting Minutes of November 14, 2017. Councilmember Krider abstained. 4.C. 1177-2017 2018 Local Appointments List for the City of Napa Boards, Commissions and Committees Received and filed the Annual Appointments List highlighting upcoming term vacancies occurring in the next year of City boards, commissions and committees in accordance with "Maddy Act" requirements. 4.D. 1203-2017 Napa Valley Transportation Authority’s Active Transportation Advisory Committee Membership Directed the City Clerk to transmit a letter to the Napa Valley Transportation Authority (NVTA) Board of Directors recommending the nomination Cruz Correa to serve a three year term as City of Napa representative to the NVTA Active Transportation Advisory Committee (ATAC). 4.E. 1204-2017 Bicycle and Trails Advisory Commission Membership Reappointed incumbent Jean Hasser and new member Karen Weiss to the Bicycle and Trails Advisory Commission for terms effective immediately and ending September 30, 2019. 4.F. 1065-2017 Public Safety Dispatching Services provided to the County of Napa. Adopted Resolution R2017-155 authorizing the City Manager to execute a one-year contract amendment for Public Safety Dispatching Services between the City of Napa and the County of Napa. Enactment No: R2017-155 4.G. 1066-2017 Public Safety Dispatching Services Provided to the American Canyon Fire Protection District. Adopted Resolution R2017-156 authorizing the City Manager to execute a one-year contract amendment for Public Safety Dispatching Services between the City of Napa and the American Canyon Fire Protection District (ACFPD). Enactment No: R2017-156 4.H. 1067-2017 Public Safety Dispatching Services Provided to American Medical Response for Emergency Medical Services. Adopted Resolution R2017-157 authorizing the City Manager to execute a one-year contract amendment for Public Safety Dispatching Services provided to American Medical Response (AMR). Enactment No: R2017-157 CITY OF NAPA Page 2 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 4.I. 1075-2017 On-Call Geotechnical Services Approved agreements with: 1) Materials Testing, Inc. dba KC Engineering Co., 2) Geocon Consultants, Inc., 3) ENGEO Incorporated, and 4) Miller Pacific Engineering Group for on-call geotechnical services, each in an amount not to exceed $300,000, and authorize the Public Works Director to execute the agreements on behalf of the City. 4.J. 1201-2017 Second Amendment to City-County MOU (City Agreement No. 8782) for Napa County use of City MDF Approved and authorized the Mayor to execute the second amendment to the Memorandum of Understanding (City Agreement No. 8782, County Agreement No. 6430) for continued Napa County use of the City’s Materials Diversion Facility (MDF) through December 31, 2019, and determine that the recommended action is not subject to CEQA. 4.K. 1171-2017 Transportation Fund for Clean Air (TFCA) Grant for State Route 29 Bicycle and Pedestrian Undercrossing Project Adopted Resolution R2017-158 approving an Agreement with Napa Valley Transportation Authority for new TFCA grant appropriations of $161,000 for the State Route 29 Bicycle and Pedestrian Undercrossing Project, and determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action. Enactment No: R2017-158 4.L. 1191-2017 On-Call Engineering Services Adopted Resolution R2017-159 approving Amendment No. 4 to Agreement No. C2016 024 with Coastland Civil Engineering, Inc., for additional on-call engineering services in the amount of $120,000, for a total contract amount not to exceed $340,000, and authorizing an additional budget appropriation. Enactment No: R2017-159 4.M. 1192-2017 Andersen Ranch Subdivision Final Map Adopted Resolution R2017-160 approving the Final Map of Andersen Ranch Subdivision (Project No. ENG16-0045) located at 1060 & 1066 Wyatt Avenue, authorizing the Mayor to sign said Final Map, and determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action. Enactment No: R2017-160 4.N. 1195-2017 Professional Services to Prepare Master Plan for Reservoir and Watershed Operations: Lake Hennessey and Milliken Reservoir Approve Amendment No. 1 and Amendment No. 2 to Agreement C2017 027 with Woodard and Curran Incorporated in the increased amounts of $256,315 and $60,800 respectively, for a total contract amount not to exceed $569,815, and authorize the Public Works Director to execute the amendments on behalf of the City. CITY OF NAPA Page 3 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 4.O. 1167-2017 Building Division Support Services Authorized the City Manager to execute amended agreements for plan review, inspection, and support services provided to the Building Division, for: (1) Amendment No.1 to Agreement C2017 200 with 4-Leaf Inc. from $124,000 to $350,000; (2) Amendment No. 1 to Agreement C2017 201 with TRB and Associates from $124,000 to $232,000; and (3) Amendment No. 1 to Agreement C2017 202 with Interwest Consulting Group, Inc. from $124,000 to $154,500. 4.P. 1172-2017 Monthly Budget and Investment Statement Received and filed the Monthly Budget and Investment Statement as of September 30, 2017. 4.Q. 1175-2017 Classification Plan Amendments for the Building Inspection Class Series Adopted Resolution R2017-161 smending the City Classification Plan by Adopting the Salary Ranges and Flexibly Staffed Classifications of Building Inspector I/II, Amending the Class Specification of Senior Building Inspector and Abolishing the Classification of Building Inspector Trainee. Enactment No: R2017-161 4.R. 1183-2017 Staffing Plan Amendments to Delete One Part-Time Housing Rehabilitation Specialist Position, and add one Full-Time, Limited-Term Housing Rehabilitation Specialist Position Adopted Resolution R2017 - 162 amending the Five-Year Budget Staffing Plan by Deleting One Part-Time Housing Rehabilitation Specialist Position, and adding One Full-Time, Limited-Term Housing Rehabilitation Specialist Position, and Approving Associated Budget Adjustments. Enactment No: R2017-162 4.S. 1184-2017 Amend the Classification Specification for Community Services Officer II Adopted Resolution R2017-163 amending the Classification Specification for Community Services Officer II. Enactment No: R2017-163 5. ADMINISTRATIVE REPORTS: 5.A. 1169-2017 Vice Mayor Selection Indexes: Vice Mayor Appointment Mayor Techel presented the item to City Council and explained that utilizing the rotational basis for appointment, Councilmember Mott should be considered to serve as Vice Mayor until December of 2018. A motion was made by Councilmember Sedgley, seconded by Councilmember Mott, to appoint Councilmember Mott to Vice Mayor for a term ending December 2018. The motion was carried by the following vote: CITY OF NAPA Page 4 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel 5.B. 1186-2017 2018 City Council Board, Commission and Committee Membership Mayor Techel presented the item to Council for discussion and action. A motion was made by Councilmember Gentry, seconded by Councilmember Mott, to (1) Afffirm current City Council obligations and membership to local, regional and state Boards, Commissions and Committees; and (2) Appoint Councilmember Jim Krider to serve on the Napa County Flood Control and Water Conservation District Board for a term ending December 2018. The motion was carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel 5.C. 1079-2017 Fiscal Year 2017/18 First Quarter Report City Manager Parness introduced the item and Finance Director Cochran provided the details to the First Quarter Report. Brief discussion ensued. Desiree Brun, Deputy City Manager, provided information regarding the Project Tracking Report, Capital Status Report, and the Citizen Relationship Management Report (CRM). In response to a question about the delay in some Parks and Recreation CRM requests, City Manager Parness stated the delays were incorrect and that he would follow up with the Parks and Recreation Department to assure that staff close out reports when finalized. A motion was made by Councilmember Mott, seconded by Councilmember Sedgley, to: (1) Receive and file the First Quarter Report for Fiscal Year 2017/18; and (2) Adopt Resolution R2017-164 approving Amendments to the Adopted Budget for the 2017/18 Fiscal Year. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel Enactment No: R2017-164 6. CONSENT HEARINGS: 6.A. 1084-2017 Cecile Court Subdivision Map Extension Mayor Techel called for any member of the public to speak; there were no requests to speak. CITY OF NAPA Page 5 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 A motion was made by Councilmember Mott, seconded by Councilmember Sedgley, to adopt Resolution R2017-165 approving a two-year extension of the previously approved Use Permit, Design Review Permit, and Tentative Subdivision Map for the Cecile Court Subdivision (six single-family lots on 1.07 acres located at 4060 Lloyd Drive), and determine that the actions authorized by the Resolution were exempt from CEQA.. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel Enactment No: R2017-165 7. PUBLIC HEARINGS/APPEALS: 7.A. 1170-2017 Mills Act Historic Preservation Agreement for 554 Randolph Street Property Michael Walker, Senior Planner, provided the staff report regarding the Historic Preservation Agreement for 554 Randolph Street. He stated it received support from Napa County Landmarks and the Cultural Heritage Commission. Mayor Techel called for public comment. There were no comments. Discussion ensued. Councilmember Sedgley stated it was a beautiful addition the neighborhood. A motion was made by Councilmember Sedgley, seconded by Councilmember Gentry, to authorize the City Manager to sign the Mills Act Historic Preservation Agreement for the historic Judge Johnson Horrell House (Wesson Residence) at 554 Randolph Street.. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel 7.B. 1199-2017 Amendment to Processes for Hotel Use Permits and Design Review Permits Michael Walker, Senior Planner, provided information regarding hotel activitity rooms under construction, rooms pending, under review and existing rooms. He reviewed previous Council discussion and direction on the matter. He stated that based on Council direction, staff provided the proposed amendments included in the ordinance. Mayor Techel opened the public testimony . No one came forward. Councilmember Mott asked about the phrase "diligently pursued" construction. Mr. Walker replied that there must be ongoing activity to activate the permit. Brief City Council comments and questions continued. CITY OF NAPA Page 6 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 A motion was made by Councilmember Mott, seconded by Councilmember Gentry, to approve the first reading and introduction of an Ordinance amending Napa Municipal Code Sections: 16.20.090 "Tentative Maps," 16.28.080 "Parcel Maps," 17.10.020 "Commercial Districts," 17.14.020 "Industrial Districts," 17.18.020 "Tannery Bend Mixed Use District," 17.20.020 "Gateway Mixed Use District," 17.58.020 "Applicability", 17.60.020 "Use Permits," 17.62.050 "Design Review Permits," 17.68.130 "Extensions," 17.68.140 "Amendments," and 17.68.170 "Expiration" Regarding Procedures for Processing Use Permits and Design Review Permits for Hotels and Non-Residential Projects; and determining that the actions authorized by the Ordinance were not subject to CEQA.. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel 8. COMMENTS BY COUNCIL OR CITY MANAGER: Mayor Techel acknowledged the Vintage High School students in the audience, who were attending as a requirement for their AP Government Class. Each student came forward and introduced themselves. 9. CLOSED SESSION: City Attorney Barrett announced the Closed Session items. 9.A. 1210-2017 9.B. 1211-2017 CITY COUNCIL RECESS: 4:22 P.M. 6:30 P.M. EVENING SESSION 10. CALL TO ORDER: 6:30 P.M. 10.A. Roll Call: Present: 5- Councilmember Gentry, Councilmember Krider, Councilmember Mott, Councilmember Sedgley, and Mayor Techel 11. PLEDGE OF ALLEGIANCE: 12. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roberts reported on the following supplemental reports and communications: Item 16.A. Medicinal and Adult-Use Cannabis Ordinance. PowerPoint presentation by city staff. 94 postcards were received over the past few weeks from Napa residents regarding Proposition 64 and support or opposition to the Planning Commission’s recommendations. One example of the postcard is attached in your supplemental reports. All postcards are available for inspection at the City Clerk’s office. CITY OF NAPA Page 7 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 Letter dated November 4, 2017 from the Law Offices of Omar Figueroa. Letter dated December 4, 2017 from the Law Offices of Dickenson, Peatman & Fogarty. Letter dated December 4, 2017 from Napa County Superintendent of Schools Barbara Nemko. 13. REPORT ACTION TAKEN IN CLOSED SESSION: City Attorney Barrett reported that the City Council took one reportable action in closed session, for item 9.A., the Council unanimously authorized the City Attorney to commence litigation in one action, and infornation and records regarding that litigation will be made available to the public upon request to the City Attorney's Office, after the litigation has been filed and served. 14. PUBLIC COMMENT: There was no public comment. 15. CONSENT HEARINGS: 15.A. 1179-2017 General Plan Amendment and Rezoning for the Northern Portion of the Property Located at 1615 Second Street Indexes: General Plan Mayor Techel announced the consent hearing. There was a comment card. Mayor Techel opened the item as a full Public Hearing. Michael Walker, Senior Planner provided a brief staff report. Mayor Techel asked for public comment. Mr. Eric Hagyard, resident, encouraged City Council to approve the item. There being no further comments, a motion was unanimously approved to close the Public Hearing. A motion was made by Councilmember Krider, seconded by Councilmember Sedgley, to 1. Adopt Resolution 2017-166 adopting a Negative Declaration for the Napa Register General Plan Amendment and Zoning Amendment; and 2. Adopt Resolution R2017-167 amending the City of Napa General Plan Land Use designation for the northern portion of the property at 1615 Second Street from “Downtown Neighborhood” (DN) to “Downtown Mixed Use” (DMU); and 3. Approve the first reading and introduction of an ordinance amending the Zoning Map established under Section 17.04.050 of the Napa Municipal Code pertaining to the rezoning of the northern portion of the property located at 1615 CITY OF NAPA Page 8 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 Second Street from DN, Downtown Neighborhood District to DMU, Downtown Mixed Use District and determining that the actions authorized by this Ordinance were adequately analyzed by previous CEQA actions. Enactment No: R2017 166 R2017 167 16. PUBLIC HEARINGS/APPEALS: 16.A. 1157-2017 Medicinal and Adult-Use Cannabis Ordinance Indexes: Marijuana ; cannabis Mayor Techel announced the item. City Council disclosures were provided. Community Development Director Tooker provided the staff report. He stated the goal of the draft ordinance before Council was to provide sufficient regulations to serve the City of Napa, meet state regulations, and avoid federal preemption challenges. He stated the City’s approach would be to allow commercial cannabis activity subject to the issuance of a Cannabis Establishment Clearance, and to provide separation requirements from youth oriented property and residential zones. He then talked about specific and general operational requirements in the ordinance. Mayor Techel called for public comment. Craig Warren - supported the ordinance; requested Council not impose restrictions to outdoor cultivation. James Kasper - father of four and resident of Napa recommended amending the ordinance to prohibit outdoor cultivation. Donna Laban - spoke in support of the ordinance. Jennifer - spoke in opposition to outdoor cultivation. James Hinton - recommended expanding zoning, opening commercial and retail, require permits. Chad Williams - amend the ordinance to allow more parcels in certain areas. Eric Sklar - suggested using the 600-foot setback requirement rather than the proposed 1000; opposed to scope of necessary background checks in the ordinance. Lauren Mendelsohn, attorney with Omar Figueroa law firm - suggested changes to background checks, encouraged allowing clearance transfers CITY OF NAPA Page 9 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 as approved by the city, and utilizing permits. Erin Carlstom, with Dickenson, Peatman and Fogarty encouraged more commercial zoning, reduce setbacks to 600 feet and reduce the amount of background checks required for all employees and volunteers. Patrick Wilson, President Napa Police Officer's Association spoke in opposition to the ordinance citing increased criminal activity. Tom Johnson - voiced opposition to outdoor cultivation, expressed concern regarding regulations and Section 8 Housing. Rick Sereghy - supported the ordinance. for the work and effort. David Ramos, attorney, expressed concerns regarding zoning options and urged the Council to expand zoning. Jerred Kiloh - commented on the issues concerning limited immunity. Myra Snell - commented on the benefits of medicinal cannabis and the importance of procuring medicine easily. Alecia Rose, owner of HerbaBuena marijuana Collective spoke in support of a 600 feet setbacks and reducing the requirements of background checks. Micah Malen, resident - spoke about the difficulty of procuring his medicine after the October wildfire event. There were no further requests to speak. Mayor Techel asked for a motion to close the Public Hearing. A motion was made by Councilmember Mott, seconded by Councilmember Sedgley to close the Public Hearing. The motion was carried unanimously. Discussions and questions ensued which included discussion on delivery, limited immunity, and the city’s specific requirements. It was clarified by staff that if the city requirements are strictly followed, and the operator procures the needed City clearance, the operator may obtain the state license. Further discussion ensued regarding city employees and drug testing. Mr. Tooker responded that there is and will always be an ability to check for safety. There was then discussion on indoor plants, enforcement, and the CITY OF NAPA Page 10 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 fact that the City could not prohibit indoor cultivation. Discussion ensued regarding outdoor cultivation. Discussion ensued regarding responding to complaint and working with neighbors in constructive ways. Discussion then began on background checks and the requirements in the draft ordinance. Discussion ensued on the background checks, the age requirements for employees, zoning and setback requirements. There was general agreement about changing requirements on background checks and employee age requirements, the setback requirements and zoning were discussed more at length with Councilmember Sedgley advocating reducing setbacks and expanding zoning, Councilmember Krider stating he could be open to that. Councilmember Mott and Mayor Techel both voiced they would like to move forward with the ordinance and continue to track the success and acceptance of the facilities before expanding zoning. A motion was made by Councilmember Gentry, seconded by Councilmember Mott, to (1) Approved first reading and introduction of an Ordinance by amending the Napa Municipal Code by adding Section 17.52.275: Medicinal and Adult Use Cannabis Regulations and Safety Ordinance; amending Sections 17.12.020 and 17.14.020 identifying medical cannabis retailers as subject to a cannabis establishment clearance in the OM, IL, and IP-C Districts; amending Section 17.14.020 identifying small cannabis manufacturers as subject to a cannabis establishment clearance in the IP-A, IP-B and IP-C Districts; and determining that the actions authorized by this ordinance are exempt from CEQA and requireing the additional amendments discussed during the meeting: • Require that employees at medicinal cannabis establishments be at least 21 years of age; • Amend the Criminal Background Requirements under Section 13 to be limited to "owners" (as defined by State law) of applicants for cannabis clearances; and • Strikeout the language on Page 9 of the Draft Ordinance (Attachment 1), last line, which states “and that the City, in its unfettered discretion, may revoke, rescind, and/ior withdraw the Cannabis Establishment Clearance at any time.” (2) Adopted Resolution R2017- 168 establishing the fee for cannabis establishment clearances. The motion carried by the following vote: Aye: 5- Gentry, Krider, Mott, Sedgley, and Techel Enactment No: R2017 168 17. COMMENTS BY COUNCIL OR CITY MANAGER: No comments. CITY OF NAPA Page 11 Printed on 12/21/2017 CITY COUNCIL MEETING MINUTES - Final December 5, 2017 18. ADJOURNMENT: 8:45 P.M. Submitted by: _____________________________ Dorothy Roberts, City Clerk CITY OF NAPA Page 12 Printed on 12/21/2017