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CITY COUNCIL OF THE CITY OF NAPA

Regular Meeting

Napa, CA · September 3, 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, September 3, 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: 3:32 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: City Clerk Carranza announced the following supplemental items: - Item 5.A.: PowerPoint presentation by City staff. - Item 5.B.: PowerPoint presentation by City staff. - Item 5.C.: Revised PowerPoint presentation (ATCH 1 to the Staff Report) by City staff. 3. PUBLIC COMMENT: Tina Chechourka, Napa Police Department Volunteer Coordinator - introduced the volunteer program and the following individual volunteers who would be volunteering at future City Council Meetings: Sally Hernandez, Mike Hemings and Nina Jack. Adrienne Boudreaux, resident and parent of Mount George students - voiced her opposition of potential school closures in the Napa Valley Unified School District. She stated that she felt the school closures were not warranted, and she sought Council's support. Philip White, resident - spoke in opposition of the Heritage House and Valley Verde project. His comments, and photos, were submitted to the Council for review. CITY OF NAPA Page 1 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 Susan Rushing-Hart, resident - spoke in regard to Salvador Creek and the Big Ranch Road Specific Plan EIR. She noted concerns with flooding and water waste. She submitted a packet of information to Council for review. Rosemarie Vertullo, resident - spoke in opposition of the Heritage House and Valley Verde project. She noted concerns of flooding in Salvador Creek. Her comments, as well as letters of opposition, were submitted to the Council for review. Earle Craigie, resident - spoke in opposition of the Heritage House and Valley Verde project. He noted concerns over the location to include lack of public transportation, congested traffic, lack of available health services, etc. James Hinton, resident - voiced frustration that there was no evening session on the agenda; he was concerned that not all residents who wished to address Council would be able to attend in the afternoon. He would also like have more discussion regarding recreational cannabis. 4. CONSENT CALENDAR: Approval of the Consent Agenda A motion was made by Vice Mayor Sedgley, seconded by Councilmember Gentry, to approve the Consent Agenda with items 4.A. and 4.F. pulled for discussion. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 4.A. 2019-2019 City Council Meeting Minutes James Hinton, resident - spoke in regard to his comments that were made during the August 6, 2019, City Council Meeting. He thanked Police Chief Plummer for assisting with his request. He also asked City Council what they had done to educate themselves on magic mushrooms and recreational cannabis. A motion was made by Councilmember Luros, seconded by Councilmember Gentry, that the Approve the Meeting Minutes for the August 6, 2019 Regular City Council Meeting. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 4.B. 1962-2019 Emergency Repair of Browns Valley Creek Damage to Browns Valley Road at Valley Glen Lane Determined there was 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 were exempt from CEQA. CITY OF NAPA Page 2 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 4.C. 2007-2019 On-Call Environmental Consulting Services Approved two-year agreements with three consulting firms: (1) Area West Environmental, Inc., (2) Dudek, and (3) Prunuske Chatham, Inc., for task-order based on-call environmental consultant services, each in an amount not to exceed $250,000, and authorized the Public Works Director to execute the agreements on behalf of the City. 4.D. 2009-2019 Budget Staffing Plan for the Public Works Department Adopted Resolution R2019-099 authorizing the City Manager to amend the Budget Staffing Plan to add one Engineering Assistant position and delete one Electrician III and approve a FY 2019/20 budget adjustment between the General Services Administration Account and the Public Works Department. Enactment No: R2019-099 4.E. 1967-2019 Public Safety Dispatching Services Provided to the American Canyon Fire Protection District Adopted Resolution R2019-100 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: R2019-100 4.F. 1988-2019 Response to the Napa County Grand Jury Report on Vacation Rentals Councilmember Alessio pulled the item for discussion and asked for a report from staff. Erin Morris, Planning and Code Enforcement Manager, provided the report and reviewed the City's response to the Grand Jury's findings. Per a request from Councilmember Alessio, Ms. Morris reviewed the amount of staff hours dedicated to Vacation Rental Code enforcement and also reviewed the process of receiving and responding to complaints and violations. Brief Council discussion ensued. A motion was made by Councilmember Alessio, seconded by Vice Mayor Sedgley, to approve the City of Napa Response to the 2018-2019 Napa County Grand Jury Final Report entitled "Enforcing Short-term Vacation Rental Codes in Napa Valley," and direct the City Manager to submit the response on behalf of the City Council to the Presiding Judge of the Superior Court. The motion carried by the following vote: Aye: 5- Alessio, Gentry, Luros, Sedgley, and Techel 5. ADMINISTRATIVE REPORTS: 5.A. 2006-2019 Third Street Parking Lot CITY OF NAPA Page 3 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 John Ferons, Senior Civil Engineer, provided the report. He reviewed project location, conditions of approval, and funding of the project. Mayor called for public comment. James Hinton, resident - reiterated that there was a need for parking in downtown Napa. Chuck Shinnamon, resident and Friends of the Napa River Board Member, encouraged council to build the lot and to do so to the standards set for a municipal parking lot. Chris Benz, resident, and General Plan Advisory Committee (GPAC) Member - asked Council to hold off on turning the space in to a parking lot until the GPAC provided recommendations. There were no more requests to speak; Mayor Techel brought the discussion back to Council. Vice Mayor Sedgley provided some history on the site, and agreed that a parking lot for interim use was appropriate. He asked if the lot could be set up with adequate electrical for possible, future, temporary uses, such as a Farmer's Market. Councilmember Alessio asked if the neighborhood had been identified as a need site for parking. Mr. Ferons responded that, yes, it was an identified need site, and noted that the nearby intersection had development projects underweigh that were in need of a parking solution. Mayor Techel appreciated that a project was moving forward, and agreed there was a need for parking in the area. She also agreed that the City should "model the way," and build the lot to municipal parking lot standards. A motion was made by Vice Mayor Sedgley, seconded by Councilmember Luros, to adopt Resolution R2019-101 authorizing the Public Works Director to award and execute a construction contract with Ghilotti Bros., Inc. for the Third Street Parking Lot in the bid amount of $852,914; authorizing the Public Works Director to approve contract amendments and charges for project services up to a total amount not to exceed $1,029,875; authorizing a budget appropriation in the amount of $308,575; and determining 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: R2019-101 5.B. 1964-2019 Napa Pipe Project Update Erin Morris, Planning and Code Enforcement Manager, provided the staff CITY OF NAPA Page 4 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 report and reviewed the City's proposed terms of the agreement. She noted that the key issue was how the credit for building permits would be shared after the current housing cycle. Vice Mayor Sedgley shared that he recently travelled to Sacramento with Supervisor Alfredo Pedroza, and Molly Rattigan from Napa County, to lobby on behalf of SB 235. Mayor Techel stated that the proposed terms seem in line with the original terms that were proposed,and she agreed with them. Report received. 5.C. 1938-2019 Sustainability Plan Progress Report John Ferons, Senior Civil Engineer, provided the report and reviewed progress made since the City's 2012 Sustainability Plan was adopted. He first reviewed the Community Plan goals, followed by a review of the City Plan goals. Deborah Elliott, Napa County Environmental Resource Specialists, reviewed progress made on goals CEC1 and CEC7 and reviewed programs through the Bay Area Regional Energy Network (BayREN). She also highlighted the Napa County Green Business Program. Mayor Techel called for public comment. Tess Wheat, Senior at Napa High School and member of Students for Climate Action Club - shared that the Club's pledge was to call for courageous climate leadership in all sectors of society, to urge Napa County Governments, the State of California, and Congress, to declare a climate and ecological emergency. She attested that the education surrounding sustainability and access to sustainable alternatives, was lacking. She encouraged greater communication to students as well as business owners. She also asked how the City planned on measuring goals, specifically surrounding emission metrics, overall. Jim Wilson, Napa Climate Now!, and Schools for Climate Action Advisor - spoke in support of sustainability. He stated that, along with the Regional Climate Protection Authority, and other Regional Climate protection efforts in the Bay Area, he would like to see a goal to commit to net zero pollution by, or before, 2030. Students, and the Napa Valley Unified School District, would like to see leaders acknowledge that a climate emergency threatened the residents, and respond with the necessary emergency measures. James Hinton, resident - agreed that there was an education gap in CITY OF NAPA Page 5 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 regards to recycling, composting and garbage. He stated the City should be setting an example. Susan Crosby, Volunteer at Napa Climate Now!, and retired NVUSD District - noted that highschool students expressed interest in refillable water bottle stations. She encouraged Council to be courageous leaders in regard to climate action. Chuck Shinnamon, resident, and Chair of the General Plan Advisory Committee (GPAC) - shared that the GPAC had recognized climate change and sustainability as a high priority. He noted that commuting was a contributing factor to pollution, and commended council on approving additional affordable housing. He also noted that GPAC had a strong interest in the issue of pedestrian/bicycle safety and improvements. Patrick Band, Napa County Bicycle Coalition - commented regarding the forthcoming update to the County-Wide Bicycle Plan, noting that there was a goal for a 10% mode shift toward bicycling. He would like to see more education efforts in regard to bicycle and pedestrian safety, and thanked the Police Department for hosting Bike Rodeos. Mayor Techel brought the conversation back to Council; brief discussion and questions ensued. Vice Mayor Sedgley posed questions regarding a carbon reserve and the right sizing of City Fleet. Mr Ferons responded. Vice Mayor Sedgley also noted that he had seen many retailers in town reducing the use of polystyrene on their own. He was proud of the City's plastic bag ban and stated he could support a ban on polystyrene, but was not sure that it was a high priority item. Councilmember Alessio thanked staff. She voiced concerns that the City was falling behind in regard to climate issues. She acknowledged the concerns of many students. She would like to see support from Council on a polystyrene ban along with a ban on plastic straws and single use plastics. Mayor Techel stated that she appreciated the youth's involvement in climate change, and hoped to find a more productive way to engage the students. She also noted that the City was very successful when it had a dedicated staff member working on sustainability, and would rather look at funding a staff person before listing out the City's "wants." Councilmember Luros would like more information on current use of polystyrene and single use plastics before moving forward with a ban. CITY OF NAPA Page 6 Printed on 10/2/2019 CITY COUNCIL MEETING MINUTES - Final September 3, 2019 Report received. 6. COMMENTS BY COUNCIL OR CITY MANAGER: City Manager Potter shared that Community Development Director Vin Smith met with the property owners of the parking lot near the Oxbow and Copia and stated that they agreed to remove their no parking signs and would allow employees to park there. Councilmember Luros requested that Council consider an update to Napa Municipal Code section 12.68.020 to extend the district to include an additional part of Jefferson Street. She would also like council to consider creating a new ordinance, similar to the City of San Francisco's, that would create a buffer zone prohibiting the interference with reproductive health care facilities. By acclimation, Council supported her requests to have staff come back with a report. Councilmember Alessio voiced concern that the Program Director from the Area Agency on Aging, serving Napa and Solano, was not coming from Solano County to attend meetings in Napa. She stated members and residents were concerned and want to ensure the needs of Napa's older adults are being addressed. Mayor Techel asked that City Manager Potter research and report back to Council. Mayor Techel introduced Tony Peck, a dignitary in the audience who was visiting from Napa's Sister City of Launceston, Tasmania, Australia. Mr. Peck, who served four years as the Launceston Mayor, and twenty-eight years as a Councilmember before that, thanked Mayor Techel for her hospitality. He had visited Napa in 1988 and was pleased to be back. He shared that it was interesting to learn about Napa's parking concerns, and noted that they had the same concerns in Launceston. 7. ADJOURNMENT: 5:58 P.M. Submitted by: _______________________________ Tiffany Carranza, City Clerk CITY OF NAPA Page 7 Printed on 10/2/2019

Agenda

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, September 3, 2019 3:30 PM Afternoon 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 September 3, 2019 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. PUBLIC COMMENT: 4. CONSENT CALENDAR: 4.A. 2019-2019 City Council Meeting Minutes Recommendation: Approve the Meeting Minutes for the August 6, 2019 Regular City Council Meeting. Attachments: ATCH 1 - 8-6-19 Regular CC Meeting Minutes DRAFT 4.B. 1962-2019 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. 4.C. 2007-2019 On-Call Environmental Consulting Services Recommendation: Approve two-year agreements with three consulting firms: (1) Area West Environmental, Inc., (2) Dudek, and (3) Prunuske Chatham, Inc., for task-order based on-call environmental consultant services, each in an amount not to exceed $250,000, and authorize the Public Works Director to execute the agreements on behalf of the City. Attachments: ATCH 1 - On-Call Agreement Template 4.D. 2009-2019 Budget Staffing Plan for the Public Works Department Recommendation: Adopt a resolution authorizing the City Manager to amend the Budget Staffing Plan to add one Engineering Assistant position and delete one Electrician III and approve a FY 2019/20 budget adjustment between the General Services Administration Account and the Public Works Department. Attachments: ATCH 1 - Resolution Page 2 of 6 Printed on 8/30/2019 CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 4.E. 1967-2019 Public Safety Dispatching Services Provided to the American Canyon Fire Protection District Recommendation: Adopt a resolution 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). Attachments: ATCH 1 - Resolution ATCH 2 - Amendment 5 to Agreement C2013 298 ATCH 3 - C2013 298 with Amendments 1-4 4.F. 1988-2019 Response to the Napa County Grand Jury Report on Vacation Rentals Recommendation: Approve the City of Napa Response to the 2018-2019 Napa County Grand Jury Final Report entitled "Enforcing Short-term Vacation Rental Codes in Napa Valley," and direct the City Manager to submit the response on behalf of the City Council to the Presiding Judge of the Superior Court. Attachments: ATCH 1 - City Response to the Grand Jury Report - Vacation Rentals ATCH 2 - Enforcing Short-Term Vacation Rental Codes in Napa Valley 5. ADMINISTRATIVE REPORTS: 5.A. 2006-2019 Third Street Parking Lot Recommendation: Adopt a resolution authorizing the Public Works Director to award and execute a construction contract with Ghilotti Bros., Inc. for the Third Street Parking Lot in the bid amount of $852,914; authorizing the Public Works Director to approve contract amendments and charges for project services up to a total amount not to exceed $1,029,875; authorizing a budget appropriation in the amount of $308,575; and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution.doc 5.B. 1964-2019 Napa Pipe Project Update Recommendation: Receive a status report regarding the Napa Pipe SB 235 Agreement and project. Attachments: ATCH 1 - Napa Pipe SB 235 Draft Proposal - City of Napa 5.C. 1938-2019 Sustainability Plan Progress Report Recommendation: Receive a Progress Report on the City's Sustainability Plan. Attachments: ATCH 1 - Sustainability Plan Progress Report dated 9.3.19 6. COMMENTS BY COUNCIL OR CITY MANAGER: 7. ADJOURNMENT: Page 3 of 6 Printed on 8/30/2019 CITY COUNCIL REGULAR MEETING AGENDA September 3, 2019 The next regularly scheduled meeting for the City Council of the City of Napa is September 17, 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 Friday, August 30, 2019 at 3:30 p.m. _______________________________ Tiffany Carranza, City Clerk Page 4 of 6 Printed on 8/30/2019 CITY COUNCIL REGULAR MEETING AGENDA September 3, 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 8/30/2019 CITY COUNCIL REGULAR MEETING AGENDA September 3, 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 8/30/2019

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