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 Scott Sedgley Councilmember Liz Alessio Councilmember Doris Gentry Councilmember Mary Luros Tuesday, March 19, 2019 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: 3:30 P.M. 1.A. Roll Call: Present: 5- Councilmember Alessio, Councilmember Gentry, Councilmember Luros, Vice Mayor Sedgley, and Mayor Techel 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: Deputy Clerk Saldanha announced the following supplemental reports and communications: - Item 5.A.: PowerPoint Presentation by City Staff. - Item 5.B.: PowerPoint Presentation by City Staff and Revised Attachment 2 Outside Water Service Application. - Item 5.C.: Scientific Reports article from Susan Rushinghart published August 2015 regarding glyphosate-based herbicides and photograph provided from Beth Matte. CITY OF NAPA Page 1 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 3. PUBLIC COMMENT: James Hinton, resident, stated that Clay Gregory announced his retirement from Visit Napa Valley and asked Council to consider a recreational cannabis dispensary ordinance. Iris Delgado, resident and University of California Davis graduate, voiced her concerns regarding the Le Colline Vineyard Project and asked Council to reconsider this project due to the impacts on water and wildlife. (Note: Iris Delgado spoke during Item 5.A., but Mayor Techel directed staff to move her statements under the general public comment section since she did not speak about an agendized item.) 4. CONSENT CALENDAR: Councilmember Alessio commented on Item 4.A. and thanked City Clerk Carranza for her detailed account of the workshops held on January 11 and 12, 2019. A motion was made by Councilmember Luros, seconded by Councilmember Alessio to approve the Consent Calendar. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 4.A. 1761-2019 City Council Meeting Minutes Approved the January 11, 2019 and January 12, 2019 Special Meeting Minutes. 4.B. 1765-2019 Emergency Repair of Browns Valley Creek Damage to Browns Valley Road at Valley Glen Lane Determined a need to continue the emergency action to execute and implement contracts for the design, permitting and construction of the creek bank and sidewalk repairs adjacent to Browns Valley Creek at Browns Valley Road and Valley Glen Lane, and determined that the actions authorized by this resolution are exempt from CEQA. 4.C. 1768-2019 Monthly Budget and Investment Statement Received and filed Monthly Budget and Investment Statement as of January 31, 2019. 5. ADMINISTRATIVE REPORTS: CITY OF NAPA Page 2 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 5.A. 1720-2019 Lake Hennessey and Milliken Reservoir Watershed Study Deputy Director of Napa County Flood Control and Water Resources, Phil Miller, and Deputy Utilities Director, Joy Eldredge, presented the staff report. Deputy Director Miller and Deputy Utilities Director Eldredge provided background on the study, shared data from the model, and explained how the County and City are jointly working together on this effort. Council discussion and questions ensued. Mayor Techel called for Public Comment. Michelle Benvenuto, Wine Growers of Napa County, stated she attended the Board of Supervisors meeting held earlier in the day and informed Councilmembers that she shared similar concerns expressed by Supervisor Dillon regarding fertilizer and pesticide application rates, 2012 study inaccuracies, and water quality monitoring requirements for vineyard sites. Amy Martenson, resident, asked questions regarding pesticides related to glyphosate testing and thanked Council for undertaking the study. David Morrison, Napa County Planning, Building, and Environmental Services Director, stated the Board of Supervisors was supportive of this study and directed staff to take a closer look at the model in order to confirm the data is correct. Mr. Morrison also emphasized land use priorities related to water quality and noted this study will lead to significant policy changes in the future. David Morrison answered questions from Councilmembers. Further Council discussion ensued regarding Option A versus Option B. Deputy Utilities Director, Joy Eldredge, answered questions from Councilmembers. Utilities Director, Phil Brun, also spoke about Option A and Option B. Utilities Director Brun emphasized that the topics of options and funding will be brought back for discussion and direction at a future City Council meeting. Councilmembers thanked staff members from Napa County, David Morrison and Phil Miller, for their participation in the meeting. A motion was made by Councilmember Gentry, seconded by Councilmember Alessio, to move forward with the recommended action by preparing an Agreement with Napa County to Implement the "Lake Hennessey and Milliken Reservoir Watershed Study, Hydrology and Water Quality Sampling and Analysis CITY OF NAPA Page 3 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 Plan" using the "Watershed Analysis Risk Management Framework (WARMF)" described in the "Model Documentation Report for the Lake Hennessey and Milliken Reservoir Watershed Study". The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 5.B. 1715-2019 Outside Water Service at 1087 La Grande Avenue Deputy Utilities Director, Joy Eldredge, presented the staff report and provided a background on the process regarding water service outside the sphere of city influence. Deputy Utilities Director Eldredge noted that the property owners were unable to attend the meeting due to personal reasons. Council discussion and questions ensued. Due to the 4/5 voting requirement on this agenda item, Mayor Techel requested the Clerk to take a roll call vote. A motion was made by Councilmember Gentry, seconded by Councilmember Alessio, to adopt Resolution R2019-021 authorizing the Utilities Director to execute a Declaration of Covenants and Agreement Regarding Water Service to 1087 La Grande Avenue in Napa (APN 049-061-002-000), and determine that the actions authorized by this resolution are exempt from CEQA. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel Enactment No: R2019-021 CITY OF NAPA Page 4 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 5.C. 1774-2019 Prohibition of Glyphosate Use on City Properties City Manager, Steve Potter, presented the staff report. City Manager Potter outlined the current practice of the City to not use glyphosate on city-owned properties. City Manager Potter also stated he directed staff to write a formal policy on this matter including preparing both an Administrative Regulation and Integrated Pest Management Plan (IPMP). Mayor Techel called for Public Comment. Beth Matte shared a photograph of Jim M. Lee, who passed away at the age of 48 due to Hodgkin's Lymphoma Disease, and discussed the linkage between cancer and round-up. Ms. Matte shared other stories and lawsuits related to glyphosate-based products. Donna Laba, resident, stated that glyphosate should not be allowed due various health dangers and shared her concerns regarding glyphosate testing in the Lake Hennessey and Milliken Reservoir Watershed Study. Dr. Carol Nagle, local psychologist and co-coordinator for GMO Free Napa County, provided a follow up on court cases regarding glyphosate and explained how juries have awarded judgements against companies such as Monsanto. Dr. Nagel also discussed Assembly Bill 468 known as "Children's School Environment Act" which would ban all synthetic pesticides in school yards and daycare centers and urged Council to support this proposed legislation. Amy Martenson, co-coordinator for GMO Free Napa County, thanked Councilmembers for addressing this issue and responding to her emails. Ms. Martenson spoke about the environmental risks of glyphosate, explained how the chemical attacks nutrients, and encouraged Council to ban all synthetic pesticides. James Hinton, resident, stated that he was glad this policy has been written and supported the ban of synthetic pesticides. Councilmembers thanked City Manager Potter for making this matter a high priority. City Attorney Barrett stated no action was required the Council because the City Manager has already taken the necessary actions under his authority. This Afternoon Administrative Report was received and filed. CITY OF NAPA Page 5 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 6. CONSENT HEARINGS: Mayor Techel asked if anyone would like to speak on the Consent Hearing. Vice Mayor Sedgley requested to pull the item and move forward as a Public Hearing. 6.A. 1745-2019 Preservation of Qualified Historical Property at 482 Cross Street Mayor Techel asked Councilmembers if any had disclosures to report; no disclosures were provided. Mayor Techel announced the Public Hearing. There were no requests to speak, so the Public Hearing was opened and closed without public comment. Senior Planner, Michael Walker, was available for questions and stated the property owners were unable to attend. Vice Mayor Sedgley stated there had been an increase in the number of Mills Act Contract requests and expressed his concerns about examining how these increased requests impact property taxes. Council discussion ensued. A motion was made by Councilmember Gentry, seconded by Councilmember Luros, to authorize the City Manager, on behalf of the City, to execute the Mills Act Historic Preservation Agreement for the Hammerich House (Carmel Residence) at 482 Cross Street. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 7. COMMENTS BY COUNCIL OR CITY MANAGER: Councilmember Alessio provided an update on climate change efforts and announced a meeting would take place on April 11, 2019 between various counties and cities. Councilmember Alessio also reported that she met with young leaders during an organized demonstration regarding climate change on March 15, 2019. Councilmember Alessio also reported on the Cope Family Resource Center, Resilient Napa, and Resilient Napa County. Councilmember Alessio announced a free conference on March 28, 2019 and tickets were available through Cope Family Resource Center's website. 8. CLOSED SESSION: City Attorney Barrett announced the following Closed Session Items: CITY OF NAPA Page 6 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 8.A. 1775-2019 • CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8): Property: An approximately 2,340 square foot portion of Springwood Park, located at the north end of Jefferson Street (APN 036-261-003); City Negotiators: Steve Potter, Eric Whan, Jeff Freitas, Dave Perazzo, John Coates, and Michael Barrett; Negotiating Parties: City of Napa, and K&G Vineyards; Under Negotiation: price and terms of payment. 8.B. 1772-2019 • CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6): City designated representatives: Steve Potter, Michael Barrett, Desiree Brun, Robert Plummer, and Charles Sakai, Sloan Sakai Yeung & Wong. Employee organization: Napa Police Officers’ Association (NPOA). CITY COUNCIL RECESS: 5:16 P.M. 6:30 P.M. EVENING SESSION 9. CALL TO ORDER: 6:30 P.M. 9.A. Roll Call: Present: 5- Councilmember Alessio, Councilmember Gentry, Councilmember Luros, Vice Mayor Sedgley, and Mayor Techel 10. PLEDGE OF ALLEGIANCE: 11. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: Deputy Clerk Saldanha announced the following supplemental reports and communications: - Item 14.A.: PowerPoint Presentation by City Staff. - Item 14.B.: PowerPoint Presentation by City Staff. - Item 15.A.: PowerPoint Presentation by City Staff. 12. REPORT ACTION TAKEN IN CLOSED SESSION: City Attorney Barrett stated there was no reportable action from Closed Session. CITY OF NAPA Page 7 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 13. PUBLIC COMMENT: Suzanne Bauman, Napa Neighborhood Association, asked Council to deny permits for the 5G Cell Tower Project and shared a handout. 14. ADMINISTRATIVE REPORTS: 14.A. 1744-2019 2018 Housing Element Annual Progress Report Senior Planner, Michael Walker, presented the staff report. Senior Planner Walker provided a description of Tables A, A-2, B, and D and explained how the data applies to the Napa. Mr. Walker also announced the kick off of the General Plan Update and shared Napa 2040 General Plan business cards. Council discussion and questions ensued. A motion was made by Vice Mayor Sedgley, seconded by Councilmember Luros, to accept the 2018 Annual Housing Element Progress Report and direct staff to file the report with the Department of Housing & Community Development (HCD) and the Office of Planning & Research (OPR). The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 14.B. 1753-2019 Capital Improvement Program; 2019-2021 Budget Cycle; Project List Senior Civil Engineer, John Ferons, and Deputy Utilities Director, Joy Eldredge, presented the staff report. Senior Civil Engineer Ferons shared information regarding completed, postponed, and new projects by the Public Works Department. Deputy Utilities Director Eldredge highlighted projects under the Utilities Department. Council discussion and questions ensued. By consensus, Council directed staff to move forward with the Proposed Capital Improvement Program for the 2019-2021 Budget Cycle as presented. CITY OF NAPA Page 8 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 15. PUBLIC HEARINGS/APPEALS: 15.A. 1771-2019 Sign Ordinance Amendments Mayor Techel asked Councilmembers if any had disclosures to report; no disclosures were provided. Mayor Techel announced the Public Hearing. Senior Planner, Michael Walker, presented the staff report and explained the proposed amendments to the ordinance are clean up items following the December 18, 2018 City Council meeting. Mayor Techel called for Public Comment. Amy Martenson, resident, spoke about the benefits of allowing signs in public right-of-ways and asked Council to allow an exception for signs on parking strips in front of their homes. James Hinton, resident, commented on the 2018 election season, Peter Mott, and issues related to enforcement of prohibited signs. Matt Granham, resident, spoke about the higher level of visibility of signs on sidewalks in order to better voice voter's opinions and shared his concerns regarding the risks of taking away one's privilege of using the public right-of-ways. Council discussion and questions ensued. City Attorney Barrett shared information regarding provisions allowing additional signs during election periods. A motion was made by Councilmember Luros, seconded by Councilmember Alessio, to approve the first reading and introduce an ordinance amending Napa Municipal Code Chapter 17.55, the "Sign Ordinance" to amend allowable signs during any election period (Subsection 17.55.120(H)(2)), to allow temporary directional signs during temporary disruptions (new Section 17.55.125, "Additional temporary directional signs requiring a permit"), and to make minor clarifications and corrections (Sections 17.55.050 and 17.55.080). The motion carried by the following vote: Aye: 4- Alessio, Gentry, Luros, and Techel No: 1- Sedgley CITY OF NAPA Page 9 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final March 19, 2019 16. COMMENTS BY COUNCIL OR CITY MANAGER: Vice Mayor Sedgley requested staff to prepare a proclamation in order to recognize Earth Day on April 22, 2019. Mayor Techel stated the proclamation should highlight climate change and local activities within the community. Councilmember Alessio also supported a proclamation honoring Earth Day. 17. ADJOURNMENT: 7:43 p.m. Submitted by: _______________________________ Caitlin Saldanha, Deputy City Clerk CITY OF NAPA Page 10 Printed on 4/17/2019