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 Vice Mayor Peter Mott Councilmember Doris Gentry Councilmember Jim Krider Councilmember Scott Sedgley Tuesday, March 6, 2018 3:30 PM City Hall Council Chambers 3:30 PM Afternoon Session 6:30 PM Evening Session 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 3:38 P.M. 1.A. Roll Call: Present: 5- Councilmember Gentry, Councilmember Krider, Councilmember Sedgley, Vice Mayor Mott, and Mayor Techel 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roberts announced the following supplemental information copied after packet distribution: Items 5A and 6A: PowerPoint Presentations. 3. PUBLIC COMMENT: James Hinton, resident, asked several questions concerning the proposed Civic Center project. Mayor Techel stated the City Council would be discussing that issue at their upcoming Workshop on Friday. 4. CONSENT CALENDAR: Approval of the Consent Agenda A motion was made by Councilmember Krider, seconded by Councilmember Sedgley, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5- Gentry, Krider, Sedgley, Mott, and Techel 4.A. 1294-2018 City Council Meeting Minutes Approved the February 20, 2018 Regular City Council Meeting Minutes. CITY OF NAPA Page 1 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 4.B. 1228-2017 State Grant to the City for the Law Enforcement Specialized Units Program. Adopted Resolution R2018-022 authorizing acceptance of a Law Enforcement Specialized Units Program Grant from the California Office of Emergency Services, in the amount of $203,143 with a local match from the City of $67,714, and authorizing a budget appropriation in the amount of $270,857, to fund services provided to survivors of domestic violence and their children. Enactment No: R2018-022 5. ADMINISTRATIVE REPORTS: 5.A. 1290-2018 Fiscal Year 2017/18 Second Quarter Report Brian Cochran, Finance Director, provided details on the Second Quarter Report for 2017/18, which included the financial status report and investment status report. Desiree Brun, Deputy City Manager, discussed the Disaster Recovery Update including the Earthquake Project Update, the 2017 Winter Storms Update and the 2017 Wildfire update. She reviewed the sixteen project tracking status projects for Fiscal Year 2017/2018, the Capital Project Status Report, and the Citizen Relationship Management Report. Discussion and questions ensued. Vice Mayor Mott asked about the Dwight Murray Plaza Project. John Ferons, Senior Civil Engineer, stated staff would meet with the Downtown Business Association and interested stakeholders to discuss the project. He explained estimates for the project exceeded the budget; therefore, staff would be considering taking a phased approach. Mr. Ferons then provided information regarding the Senior Center project. City Manager Parness stated staff would come back to Council to determine if there was an interest in contributing more funding for the Senior Center Project. It was noted that the Senior Center should be tracked as a project. Further discussion ensued. In response to a question by Councilmember Sedgley, Community Development Director Tooker stated Accessory Dwelling Units would be discussed at the April meeting. In response to a question by Councilmember Sedgley, Parks and Recreation Director Coates stated staff is finalizing terms for a Joint Use Agreement with Napa Valley Unified School District. In response to a question by Councilmember Sedgley, Joy Eldridge, Water Manager, commented on dredging at the reservoir. A motion was made by Vice Mayor Mott, seconded by Councilmember Gentry, to receive and file all reports. The motion carried by the following vote: CITY OF NAPA Page 2 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 Aye: 5- Gentry, Krider, Sedgley, Mott, and Techel 6. PUBLIC HEARINGS/APPEALS: 6.A. 1301-2018 Request from the League of California Cities for Opinions Related to Statewide Ballot Measures Heather Maloney, Administrative Services Manager for Public Works, introduced Nancy Hall Bennett, Regional Public Affairs Manager, North Bay Division, League of California Cities. Ms. Bennett provided a presentation on the League Structure, Strategic Goals, and an update on June Ballot Measures. She stated two Resolutions were before City Council for their consideration to support of Proposition 68 and 69. She explained if voters approve Proposition 68, local governments will receive funding for local park improvements and will be eligible for grants to fund water, local parks and climate and coastal resiliency projects. Proposition 69 would extend the constitutional protections to the new revenues generated by SB 1 that were not currently protected. Mayor Techel called for public comment. James Hinton, resident, stated gas tax hurts working people adding he felt there would be sufficient signatures for a November Ballot Measure to repeal SB1. He also mentioned Proposition 13 Local Communities Funding Act There were no further requests to speak. Vice Mayor Mott moved to close the public hearing, Councilmember Sedgley seconded. The Motion was unanimously carried. A motion was made by Vice Mayor Mott, seconded by Councilmember Sedgley, to (1) Adopt Resolution R2018-023 supporting Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, on the ballot for the election of June 5, 2018; and (2) Adopt Resolution R2018-024 supporting Proposition 69, which would authorize the implementation of Senate Bill 1 (the Road Repair and Accountability Act of 2017), on the ballot for the election of June 5, 2018; and (b) opposing the proposed ballot measure (Attorney General #17-0033) that would repeal recently enacted road repair and transportation funding by repealing revenues dedicated for those purposes, proposed to be on the ballot for the election of November 6, 2018. The motion carried by the following vote: Aye: 5- Gentry, Krider, Sedgley, Mott, and Techel Enactment No: R2018-023 R2018-024 CITY OF NAPA Page 3 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 7. COMMENTS BY COUNCIL OR CITY MANAGER: Councilmember Sedgley announced Fire Station 5 opened yesterday and asked if a Dedication Plaque could be placed at the Station. Vice Mayor Mott stated he recently returned from a visit to Napa’s Sister City Launceston Tasmania. He stated he received a warm welcome and there was genuine concern from the Council and interest in learning more about how the City of Napa responds to disasters. He asked that a letter be prepared from the Mayor to thank them and formally invite the Launceston Councilmembers to the City of Napa. City Attorney Barrett read the closed session item into the record. 8. CLOSED SESSION: 8.A. 1307-2018 CITY COUNCIL RECESS 4:29 P.M. 6:30 P.M. EVENING SESSION 9. CALL TO ORDER: 6:30 P.M. 9.A. Roll Call: Present: 5- Councilmember Gentry, Councilmember Krider, Councilmember Sedgley, Vice Mayor Mott, and Mayor Techel 10. PLEDGE OF ALLEGIANCE: 11. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roberts announced the following supplemental information that was copied after packet distribution: Items 14 A and 14 B: PowerPoint Presentations 12. REPORT ACTION TAKEN IN CLOSED SESSION: No reportable action. CITY OF NAPA Page 4 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 13. PUBLIC COMMENT: Andrew Killeen, the new Director for the Solano Napa Habitat for Humanity, along with members of his staff, urged Council and interested residents and to join them on Build Days on Tuesdays, Thursdays, and Saturdays. Jennie Olson, resident, stated she would not be available to speak when Item 14B would be heard, but asked that City Council consider not reducing the separation standard for the Medicinal and Adult Use Cannabis Ordinance from 1000 feet to 600 feet. James Hinton, resident, voiced opposition to any use of Roundup in the City and urged adoption of a Resolution similar to one that Richmond adopted concerning the use of the pesticide. 14. ADMINISTRATIVE REPORTS: 14.A. 1259-2018 Downtown Napa Business and Construction Update for 2017 Robin Klingbeil, Sr Development Project Coordinator, presented the Downtown Napa Activity Report for 2017. There were no comments from the public. Brief Council comments and questions ensued. Receive presentation regarding 2017 business and construction activity in Downtown Napa. CITY OF NAPA Page 5 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 14.B. 1293-2018 Medicinal and Adult-Use Cannabis Ordinance Indexes: cannabis Rick Tooker, Community Development Director, provided the status report to City Council regarding the implementation of the Medicinal and Adult-Use Cannabis Ordinance. He stated staff seeks further clarification and direction from City Council regarding separation standards, impenetrable barriers, and setback standards. Mayor Techel called for Public Comment. Tim Thulin, resident, stated he did not see the logic of changing the distance separation standards to 600 feet. Patrick Wilson, President of Napa Police Officers Association, asked that expanded zoning not be approved at this time, and cited several criminal incidents in locations around the state involving marijuana. Barbara Reisman, MD, and voiced concern regarding negative impacts from marijuana use on young people and urged no changes to the ordinance. Blake Walker, local business owner, rebutted previous comments and noted the widespread access to alcohol, which has no medicinal benefits. James Hinton, resident, stated safe access was needed to residents. Chad Williams, owner of property at 1144 Jordan Lane location of the former Joy Luck House Restaurant, stated his property has been identified as a prime location for a medicinal cannabis dispensary; however, they needed more clarity on the definition of “youth center” before they move forward with their application. Alicia Rose Kelly, business owner, stated she maintained respect for the 1000 distance requirement but requested additional clarification to the definition of impenetrable barriers, requested Kennedy Park Golf Course be separated from Kennedy Park, and commented on the 200 ft. setback guideline interpretation. Anne Steinhauer, on behalf of her clients, the Napa Valley Cannabis Association, thanked City Council for their possible consideration of reducing the separation standard, asked that the Napa River be included as an impenetrable barrier, and stated the 200-ft. street setback is about safety not limiting access. Lowell Downey, resident, commented on opioid epidemic and stated cannabis helps manage chronic pain. Micah Malan, resident, stated the restrictions inside the zones created make it very difficult to find the proper location. He stated six dispensaries should be opened to serve Napa County. CITY OF NAPA Page 6 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 Sara Sitch, Director Community Programs Napa County Office of Education, voiced opposition to reducing any zoning requirements. Kelly Schafer, resident,stated separation standards were too restrictive and asked Council to reduce them. Mayor Techel called for further public comment; there were no requests to speak. Council discussion and comments ensued. Councilmember Krider stated he approved reducing the separation standard for distance and stated it should be measured by path of travel; he suggested the street setback could be approved by a variance or an approval process through the Police Department. Councilmember Sedgley agreed the distance measurement should be measured by path of travel as well as having a separate process for the 200 feet setback. He stated he believed in local businesses and local hires. Councilmember Gentry also agreed that the Police Department or Planning Division could review specific locations for street setbacks, and stated the separation standard should be changed to 600 ft. She suggested that Kennedy Park be classified as a golf course and not a park. Vice Mayor Mott stated if a person cannot get to the dispensary, it should not count toward DISTANCE. He stated he was still torn on the separation standard; and proceeded to ask Mr. Tooker clarifying questions on the state standards and signage requirements. Mayor Techel stated she appreciated the report and heard the concern for safe access. She clarified that a medicinal cannabis dispensary in the City of Napa would not receive sales tax, it is instead a service to the community. She stated she was not in favor of reducing the separation standard to 600 ft. at this time. Discussion ensued regarding the direction to staff. Councilmember Sedgley stated he felt there was an agreement on the impenetrable barriers, and a process to rely on staff and police recommendation on the 200 ft. street setback requirements, it was the 1000 ft separation that was still under consideration. Councilmember Sedgley asked if the Council could get to a consensus on the 1000 ft “path of travel”. Mayor Techel turned to Community Development Director Tooker, who deferred to City Attorney Barrett on the issue of the state law requirements. City Attorney Barrett stated state law requires that the 600 feet distance requirement is based on a straight line between properties. Discussion ensued regarding state law separation standard requirements. Councilmember Krider stated he did not want to go outside of state law. Councilmember Sedgley agreed that Council should align with the state requirements and the direction to staff should be to identify barriers, identify CITY OF NAPA Page 7 Printed on 3/21/2018 CITY COUNCIL MEETING MINUTES - Final March 6, 2018 criteria with visibility, and move the radius to 600 ft. Further discussion ensued regarding properties, annual reviews, and the definition of youth serving businesses. Vice Mayor Mott cautioned that Council should not dilute the definition of youth serving businesses. Director Tooker stated that youth services are defined in state law. Mayor Techel stated for the record she was not in favor of reducing the separation standard to 600 feet. In response to the question, Mr. Tooker stated he felt he had sufficient direction from Council to draft revisions reducing the separation standard to 600 feet, identify additional impenetrable barriers, identify objective criteria in for the maximum 200 feet setback from the street. Mr. Tooker confirmed that the revised ordinance would go to the Planning Commission first and then to City Council. Receive a status report regarding the implementation of the Medicinal and Adult-Use Cannabis Ordinance, and provide direction to staff relating to possible revisions to the ordinance. 15. COMMENTS BY COUNCIL OR CITY MANAGER: Councilmember Krider commented on the recent passing of Napa County Supervisor Harold Moskowite. Mayor Techel adjourned the meeting in memory of Mr. Moskowite at 8:25 p.m. 16. ADJOURNMENT: 825 P.M. Submitted by: _______________________________ Dorothy Roberts, City Clerk CITY OF NAPA Page 8 Printed on 3/21/2018