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CITY COUNCIL OF THE CITY OF NAPA

Regular Meeting

Napa, CA · April 2, 2019

AgendaMinutes

Minutes

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, April 2, 2019 3:30 PM City Hall Council Chambers 3:30 PM Afternoon Session No Evening Session 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 3:44 P.M. 1.A. Roll Call: Present: 4- Councilmember Alessio, Councilmember Gentry, Councilmember Luros, and Mayor Techel Absent: 1- Vice Mayor Sedgley 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Carranza announced the following supplemental reports: - Item 3.C.: PowerPoint Presentation provided by Metropolitan Transportation Commissioner Alfredo Pedroza. - Item 5.A.: Email from Amy Martenson dated April 2, 2019 3. SPECIAL PRESENTATIONS: 3.A. 1740-2019 Napa Valley Arts & Culture Month Mayor Techel and members of City Council read the proclamation. Chris DeNatale President and CEO of Arts Council Napa Valley, along with board members Brad Wagenknecht, Cathi Wastal, Colleen Schulman and Programs Manager Bethany Crown, accepted the proclamation. CITY OF NAPA Page 1 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 3.B. 1758-2019 National Service Recognition Day Mayor Techel and Councilmembers read the proclamation. Brandi Dugan, NCOE Recruitment & Professional Development Coordinator accepted the proclamation. CalSERVES AmeriCorps members came forward to introduce themselves, state where they were from and their duties within the program. 3.C. 1734-2019 Metropolitan Transportation Commission (MTC) Vice Chair, Alfredo Pedroza, provided a report which included an overview of MTC, its funding, current and future projects, and an overview of the Committee to House the Bay Area (CASA). Councilmember Gentry acknowledged the housing crisis and voiced concerns regarding future mandates and fees; stated her opposition to the CASA Compact. Mr. Pedroza responded; stated the CASA Compact was not mandating anything but exposing a menu of items for future discussion. Mayor Techel acknowledged that Councilmember Luros is one of two local representatives on the CASA Committee and would be reporting back. CITY OF NAPA Page 2 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 4. PUBLIC COMMENT: Laury Plumel, resident - voiced concerns with public safety in Napa, particularly in regard to poorly lit parking lots at the Oxbow. She provided photos for Council and staff's review. Donna Laba, resident - spoke in support of recreational cannabis. Mike Bell, resident - spoke in support of easy access to cannabis products in Napa. He would also like to see affordable housing built specifically for teachers. Lynn Bell, resident - spoke regarding medical cannabis; would like cannabis more accessible and supported a dispensary in downtown. Kennedy Ervin, Freshman at New Tech High School - spoke regarding climate control; asked Council to recognize the current climate emergency and commit to strong climate leadership in regard to a clean, safe, and sustainable future and to share their own climate action resolution. James Hinton, resident - stated his opposition of 5G cell tower installations and spoke regarding cannabis. Kimberly Richard, resident - spoke in opposition of the 5G cell tower installation in her neighborhood and advised that morning dove birds in her neighborhood were protected under the Migratory Bird Act; therefore, any hinderance or tree removal, that obstructs their migratory process, is illegal. She also spoke in support of cannabis. Julia Winiarski, resident - stated that she supported the previous speaker's remarks regarding climate control and spoke in opposition of 5G cell towers noting potential health risks. 5. CONSENT CALENDAR: Approval of the Consent Agenda A motion was made Councilmember Alessio, seconded by Councilmember Luros to approve the Consent Agenda with items 5A, 5C and 5F pulled for discussion. The motion carried by the following vote: Aye: 4- Alessio, Gentry, Luros, and Techel Absent: 1- Sedgley CITY OF NAPA Page 3 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 5.A. 1802-2019 Sign Ordinance Amendments This item was pulled for public comment. Senior Planner Michael Walker provided a brief review of the proposed amendments to the ordinance and stated he was available to answer questions. Mayor called for public comment. James Hinton, resident - voiced his frustration that during the 2018 election not all candidates had permission from owners to post signs; he felt not all councilmembers had been honest during their campaign. Matt Grantham, resident - concerned that the ordinance restricted free speech rights; did not approve of the limitations to individual property owners. Julia Winiarski, resident - stated she was concerned that larger, wealthier, corporations would be given more of a priority to communicate their message than the individual residents in the community. Amy Martenson, resident - asked staff if the sign ordinance would do anything to restrict the Wine Train in regard to their placement of signs up and down the valley along their tracks and voiced concern with regard to the amount of exposure allowed to one business owner versus individual home owners. She read an excerpt from an email she sent to Council prior to the meeting (included as a supplemental document to the agenda), and encouraged Council to deny the second reading of the ordinance and send it back for further revision. Mayor Techel brought the discussion back to the Council and clarified restrictions to residential property owners. Brief Council discussion and questions ensued. A motion was made by Councilmember Luros, seconded by Councilmember Gentry, to approve the second reading and final passage, and adopt Ordinance O2019-004 amending Napa Municipal Code Chapter 17.55, "Sign Ordinance", specifically Sections 17.55.050 and 17.55.080 incorporating clarifications and correcting typographical errors, Section 17.55.120(H)(2) regarding election period regulations, and adding a new Section 17.55.125 "Additional temporary directional signs requiring a permit". The motion carried by the following vote: Aye: 4- Alessio, Gentry, Luros, and Techel Absent: 1- Sedgley Enactment No: O2019-004 CITY OF NAPA Page 4 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 5.B. 1781-2019 Junior Accessory Dwelling Unit Initiative Program Adopted Resolution R2018-022 approving a budget adjustment of $350,000 for the Junior Unit Initiative Program. Enactment No: R2019-022 5.C. 1790-2019 Police Department Modular Building for the Firearms Range This Item was pulled for public comment by resident Dorothy Glaros. Ms. Glaros asked what the benefits of the new building would be. She stated that she supported the addition of a training facility to improve public safety and asked if an indoor gun range would be provided, if other law enforcement agencies used the facility could they help pay for maintenance, and if the building could be moved in the future? James Hinton, resident - asked that agenda items, such as the proposed, that include significant spending, be considered as a full report or hearing, not a routine consent calendar item. He would like the community more informed and more involved in such decisions. Police Chief Robert Plummer responded. The project was originally budgeted in Fiscal Year 17/18 but was postponed due to the 2017 wildfires. He stated that other agencies would have access to the facility and would pay a fee to help offset costs. The new facility would allow for additional training to include defensive tactic training, perishable skills training, and included a classroom to allow for concurrent training sessions if the room at the PD headquarters was being used. Currently they are not considering an indoor range. A motion was made by Councilmember Alessio, seconded by Councilmember Gentry, to adopt Resolution R2019-023 authorizing the Police Chief to execute an agreement with Design Space Modular Buildings for $141,624 for the purchase, delivery and installation of a modular building for the police firearms range and determining that the actions authorized by this resolution are exempt from CEQA. The motion carried by the following vote: Aye: 4- Alessio, Gentry, Luros, and Techel Absent: 1- Sedgley Enactment No: R2019-023 CITY OF NAPA Page 5 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 5.D. 1784-2019 Emergency Repair of Browns Valley Creek Damage to Browns Valley Road at Valley Glen Lane Determined there is 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 item are exempt from CEQA. 5.E. 1770-2019 Utilities Department Staffing Plan Adopted Resolution R2019-024 authorizing the City Manager to amend the budget staffing plan for the Utilities Department to add one Engineering Assistant Position and add one limited term Plant Maintenance Mechanic I/II Position. Enactment No: R2019-024 5.F. 1675-2018 Highway 29 Water Main Freeway Crossings Project Mayor Techel pulled the item for discussion on behalf of Vice Mayor Sedgley who had asked staff earlier in the day why the local bidder preference wasn't given to Hess Construction on this project. Michael Hether, Sr. Civil Engineer, informed council that in accordance with FEMA's public assistance program procedures, use of the local bidder's preference was prohibited for this particular project. He stated that all potential bidders were informed of the removal of the provision during the RFP process. A motion was made by Councilmember Gentry, seconded by Councilmember Alessio, to adopt Resolution R2019-025 authorizing the Utilities Director to award and execute a construction contract, amendments and change orders to the lowest and best bidder, Garney Pacific, Inc., for the repair of three freeway crossings damaged during the 2014 Earthquake for a total project cost not to exceed $2,657,500, and to authorize additional appropriation from the Water Fund of $605,384, and determine that the actions authorized by this resolution are exempt from CEQA. The motion carried by the following vote: Aye: 4- Alessio, Gentry, Luros, and Techel Absent: 1- Sedgley Enactment No: R2019-025 CITY OF NAPA Page 6 Printed on 4/17/2019 CITY COUNCIL MEETING MINUTES - Final April 2, 2019 6. COMMENTS BY COUNCIL OR CITY MANAGER: Councilmember Gentry thanked the community for their support and attendance at the Chocolate and Wine Festival on Sunday, March 24, 2019. 750 people attended the festival that benefited Napa's foster children and foster families. Councilmember Alessio stated that she recently met with Napa River School, and Valley Oak School's, Friday Night Live (FNL) student groups to hear their concerns regarding vaping. City Manager Potter confirmed that he is working with the youth driven group to confirm a future presentation to Council. Councilmember Alessio attended the Resilient Napa Summit on Thursday, March 28, 2019. The well attended event was a gathering to keep community members trauma informed, and to support those who had been impacted by trauma. She stated that she was also on a Climate Committee, led by Supervisor Brad Wagenknecht. The Committee was in the process of drafting a joint resolution to bring before the County and cities. She asked that the City acknowledge, and bring awareness to, the critical need to start addressing climate change through a proclamation to be read at the April 16, 2019 City Council meeting. Mayor Techel confirmed a proclamation would be read at the April 16 meeting in recognition of Earth Day. She stated that the General Plan Advisory Committee had met and would be directing staff to include a climate action segment in the new general plan that would address many of the community members questions and concerns regarding climate. Councilmember Alessio stated she would like to see a separate proclamation for climate control. Mayor Techel stated that she appreciated the youth coming forward with their concerns. 7. ADJOURNMENT: 5:09 P.M. Submitted by: _______________________________ Tiffany Carranza, City Clerk CITY OF NAPA Page 7 Printed on 4/17/2019

Agenda

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, April 2, 2019 3:30 PM Afternooon Session No Evening Session City Hall Council Chambers 955 School Street Napa, CA 94559 www.cityofnapa.org CITY COUNCIL Mayor Jill Techel Vice Mayor Scott Sedgley Councilmember Liz Alessio Councilmember Doris Gentry Councilmember Mary Luros See last pages of agenda for information regarding meeting procedures Vea las últimas páginas de esta agenda para información sobre juntas del poder legislativo CITY COUNCIL REGULAR MEETING AGENDA April 2, 2019 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. SPECIAL PRESENTATIONS: 3.A. 1740-2019 Napa Valley Arts & Culture Month Recommendation: Proclaim April 2019 as Napa Valley Arts & Culture Month. Attachments: ATCH 1 - Proclamation 3.B. 1758-2019 National Service Recognition Day Recommendation: Proclaim April 2, 2019 as National Service Recognition Day. Attachments: ATCH 1 - Proclamation 3.C. 1734-2019 Regional Transportation Update by Metropolitan Transportation Commissioner, Alfredo Pedroza 4. PUBLIC COMMENT: 5. CONSENT CALENDAR: 5.A. 1802-2019 Sign Ordinance Amendments Recommendation: Approve the second reading and final passage, and adopt an ordinance amending Napa Municipal Code Chapter 17.55, "Sign Ordinance", specifically Sections 17.55.050 and 17.55.080 incorporating clarifications and correcting typographical errors, Section 17.55.120(H)(2) regarding election period regulations, and adding a new Section 17.55.125 "Additional temporary directional signs requiring a permit". Attachments: ATCH 1 - Ordinance 5.B. 1781-2019 Junior Accessory Dwelling Unit Initiative Program Recommendation: Adopt a resolution approving a budget adjustment of $350,000 for the Junior Unit Initiative Program. Attachments: ATCH 1 Resolution Page 2 of 6 Printed on 3/28/2019 CITY COUNCIL REGULAR MEETING AGENDA April 2, 2019 5.C. 1790-2019 Police Department Modular Building for the Firearms Range Recommendation: Adopt a resolution authorizing the Police Chief to execute an agreement with Design Space Modular Buildings for $141,624 for the purchase, delivery and installation of a modular building for the police firearms range and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution ATCH 2 - Project Proposal 5.D. 1784-2019 Emergency Repair of Browns Valley Creek Damage to Browns Valley Road at Valley Glen Lane Recommendation: Determine there is 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 determine that the actions authorized by this item are exempt from CEQA. 5.E. 1770-2019 Utilities Department Staffing Plan Recommendation: Adopt a resolution authorizing the City Manager to amend the budget staffing plan for the Utilities Department to add one Engineering Assistant Position and add one limited term Plant Maintenance Mechanic I/II Position. Attachments: ATCH 1 - Resolution 5.F. 1675-2018 Highway 29 Water Main Freeway Crossings Project Recommendation: Adopt a resolution authorizing the Utilities Director to award and execute a construction contract, amendments and change orders to the lowest and best bidder, Garney Pacific, Inc., for the repair of three freeway crossings damaged during the 2014 Earthquake for a total project cost not to exceed $2,657,500, and to authorize additional appropriation from the Water Fund of $605,384, and determine that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution Highway 29 Water Main ATCH 2 - Notification of Bid Results 6. COMMENTS BY COUNCIL OR CITY MANAGER: 7. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is April 16, 2019. Page 3 of 6 Printed on 3/28/2019 CITY COUNCIL REGULAR MEETING AGENDA April 2, 2019 I hereby certify that the agenda for the above stated meeting was posted at a location freely accessible to members of the public at City Hall, 955 School Street, on Thursday, March 28, 2019 at 5:00 p.m. _______________________________ Tiffany Carranza, City Clerk Page 4 of 6 Printed on 3/28/2019 CITY COUNCIL REGULAR MEETING AGENDA April 2, 2019 MEETING DATES: The City Council meets regularly on the first and third Tuesday of each month; additional meetings may be scheduled as needed. INFORMATION AVAILABLE FOR CITY COUNCIL MEETINGS: Information and documents related to items on this agenda are available on the City ’s website at www.cityofnapa.org; you may also contact the City Clerk for information by email at clerk@cityofnapa .org; by calling (707) 257-9503; or in person at 955 School Street, Napa. Any documents related to an agenda item that are provided to a majority of the City Council after distribution of the agenda packet are reported by the City Clerk at the meeting under “Supplemental Reports and Communications,” and are available for public inspection. CITY POLICY TO FACILITATE ACCESS TO PUBLIC MEETINGS: The City of Napa complies with all applicable requirements of the Americans with Disabilities Act and California law, and does not discriminate against any person with a disability. If any person has a disability and requires information or materials in an appropriate alternative format (or any other reasonable accommodation), contact the City Clerk at (707) 257-9503 or email at clerk@cityofnapa.org. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, for text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. In making any request to the City for assistance, please provide advance notice of at least three business days prior to the meeting. TRADUCCIONES EN ESPAÑOL / SPANISH-LANGUAGE TRANSLATIONS: Esta agenda identifica los asuntos que serán considerados en una junta del poder legislativo. Todas las juntas del poder legislativo están abiertas al público, y se invita a los miembros del público a asistir y dirigirse directamente ante el poder legislativo. Si usted desea recibir una copia de esta agenda o informaci ón relacionada en español, por favor póngase en contacto con la Secretaria de la Ciudad al 707-257-9503 o por correo electrónico a Clerk@cityofnapa.org. CONDUCT OF CITY COUNCIL MEETINGS: Meetings are conducted in accordance with the requirements of state law (the “Ralph M. Brown Act,” California Government Code Sections 54950, et seq.) and the City’s Rules of Order (Council Policy Resolution 19). Members of the public may address the Council at designated times and are expected to conduct themselves with courtesy and respect. Speakers should direct comments to the Mayor and City Councilmembers, not the audience . Speakers are expected to yield the floor when the time limit is identified and comply with the City ’s Rules of Order. Speaking times are limited to no more than three minutes per person, with the exception of certain hearings and appeals, or at the discretion of the Mayor or City Council. PUBLIC COMMENT (INCLUDING CONSENT CALENDAR AND ADMINISTRATIVE REPORTS): The public may directly address the City Council on any subject within the Council ’s subject matter jurisdiction, including any matter that is not on the agenda. Speaking time is limited to no more than three (3) minutes per person, unless modified at the discretion of the Mayor or City Council. If the matter is not on the agenda, or if the matter is on the Consent Calendar, or is an Administrative Report, submit a speaker card or request to speak during the Public Comment portion of the meeting. Speaker cards are not required if the speaker otherwise makes a clear and timely request to address the Council, but do promote the efficient and orderly progress of the meeting. Information on Speaker Cards is subject to disclosure under the California Public Records Act. CONSENT CALENDAR: These items are considered routine and may be approved by a single vote. Only the Mayor or a majority of the City Page 5 of 6 Printed on 3/28/2019 CITY COUNCIL REGULAR MEETING AGENDA April 2, 2019 Council may authorize public input after the consent calendar is introduced. ADMINISTRATIVE REPORTS Only the Mayor or a majority of the City Council may authorize public input after an administrative report item is introduced. CONSENT HEARINGS: These items are considered routine and may be approved by a single vote; however, any member of the public or City Council may remove an item for consideration during the public hearing portion of the agenda. PUBLIC HEARINGS/APPEALS During any public hearing or appeal, any person may directly address the City Council. Applicants (or appellants) are allowed 10 minutes to present testimony at the beginning of the public hearing, and if needed, 5 minutes to present rebuttal at the end of the public hearing. All other speakers will be limited to 3 minutes. CLOSED SESSION The City Council is authorized to meet in closed session, without attendance by the public, on limited confidential topics such as pending litigation, real property negotiations, or personnel or labor matters. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000 - 21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000 - 15387). For each item that requires a CEQA determination by City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this Agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this Agenda. CHALLENGES TO DECISIONS MADE BY THE CITY COUNCIL: If a person wishes to file a legal challenge to any decision made by the City Council, you may be limited to raising only those issues which you or someone else raised during the meeting, or in a written communication received by the City Clerk prior to or during the meeting. In addition, a legal challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. The time limit to commence any legal challenge may be subject to strict timing requirements, and failure to comply with applicable timing requirements may result in a legal challenge being barred. Any lawsuit or legal challenge to any quasi -adjudicative decision made by the City Council is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by City Council must be filed no later than the 90th day following the date on which such decision becomes final. Page 6 of 6 Printed on 3/28/2019

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