REGULAR MEETING MINUTES FOR THE CITY COUNCIL OF THE CITY OF NAPA. May 17, :30 PM Afternoon Session 6:30 PM Evening Session

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1 REGULAR MEETING MINUTES FOR THE CITY COUNCIL OF THE CITY OF NAPA 3:30 PM Afternoon Session 6:30 PM Evening Session City Hall Council Chambers 955 School Street 3:30 P.M. CITY COUNCIL MEETING: AFTERNOON SESSION CALL TO ORDER: 1.A Roll Call PRESENT: Mott, Sedgley, Inman, Luros, Mayor Techel 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: The Clerk announced the following supplemental items: Item 5.E: Correction to the staff report; under the "Discussion" section, fifth bullet point should read: "Modify PERS contract to allow for full credit of the PERS cost share for members 5.5% consistent with other public safety management groups". Item 6.A: PowerPoint presentation by city staff. Item 8.A: PowerPoint presentation from city staff; and Corrections to the Resolution adopting Affordable Housing Impact Fees and Exhibit A; and Written communications from: Grania Lindberg, Member of the Democrats of Napa Valley Housing Committee; and Cynthia Morgan. 3. SPECIAL PRESENTATIONS: Mayor Techel presented a Certificate of Appreciation for Public Service presented to Deputy Clerk Lisa Blackmon, for her Service to the City of Napa from June 6, 2011 to May 27, She was congratulated for being hired as City Clerk for the City of Manteca. 4. PUBLIC COMMENT: Page 1 of 11

2 5. CONSENT CALENDAR: Mayor Techel pulled Items 5B and 5C for discussion. Moved, seconded ( Luros / Inman ) to approve the Consent Calendar with Items 5B and 5C pulled for discussion. Motion carried. AYES: Mott, Sedgley, Inman, Luros, Mayor Techel 5.A Approved the May 3, 2016 Regular. 5.B Appointment to the Napa Valley Transportation Authority (NVTA) Citizen Advisory Committee (CAC) Pulled for discussion. Mayor Techel recognized applicant Samantha Smith; Ms. Smith came forward to introduce herself and make brief comments regarding her interest to serve on the NVTA Citizen Advisory Committee. Moved, seconded ( Sedgley / Inman ) to approve the recommended appointment of Samantha Smith as city representative to the Napa Valley Transportation Authority (NVTA) Citizen Advisory Committee (CAC). Motion carried: AYES: Mott, Sedgley, Inman, Luros, Mayor Techel 5.0 Reimburse Street Improvement Fund for Two Surplus Properties to be used for Affordable Housing Projects and Approve Agreement with SAHA Pulled for discussion. Lark Ferrell, Housing Manager, provided the staff report. Randy Gullarte, resident, asked several questions about the item. Ms. Ferrell and Aubra Levine with SAHA provided further details on the financing. Council discussion ensued. Page 2 of 11

3 Moved, seconded ( Inman / Luros ) to adopt Resolution R authorizing payment of Affordable Housing Impact fee revenue for Street Improvement Fund for properties located at Soscol Avenue and 891 Saratoga Drive; and Resolution R authorizing the execution of a Disposition and Development Agreement with Satellite Affordable Housing Associates for the development of Affordable Housing on Soscol Avenue. Motion carried: AYES: Mott Sedgley, Inman, Luros, Mayor Techel Mayor Techel asked that this issue is included in future City Quarterly Reports. 5.D Memorandum of Understanding between the City of Napa and Administrative, Managerial, and Professional Employees (AMP) Approved the Memorandum of Understanding (MOU) between the City of Napa and the Administrative, Managerial, and Professional Employees (AMP) for the term January 1, 2016 through December 31, 2017, and authorize the Assistant City Manager to sign the MOU on behalf of the City. 5.E Memorandum of Understanding between the City of Napa and the Napa Chief Fire Officers Approved the Memorandum of Understanding (MOU) between the City of Napa and the Napa Chief Fire Officers (NCFO) for the term January 1, 2016 through December 31, 2017, and authorize the Assistant City Manager to sign the MOU on behalf of the City. 5.F Memorandum of Understanding between the City of Napa and the Napa City Employees' Association for the Term January 1, 2016 through December 31, Approved the Memorandum of Understanding between the City of Napa and the Napa City Employees Association-Service Employees International Union, Local 1021 (NCEA SEIU, Local 1021) for the term January 1, 2016 through December 31, 2018, and authorize the Assistant City Manager to sign the MOU on behalf of the City. 5.6 Maintenance and Watershed Management Agreement Authorized the Mayor to execute a Maintenance and Watershed Management Program Cost-Sharing Agreement with Napa County Flood Control and Water Conservation District for Fiscal Year H Amendment No. 1 to On-Call Construction Inspection and Construction Management Services Contract with Parsons Brinckerhoff, Inc. Page 3 of 11

4 Approved Amendment No. 1 to Agreement No. C with Parsons Brinckerhoff, Inc. for on-call construction inspection and construction management services to update Exhibit B - Standard Hourly Rates and Charges, authorize the Public Works Director to execute the agreement. 5.1 Additional Appropriation for Napa 911 Memorial Garden Project Adopted Resolution R authorizing an additional appropriation for the Napa 911 Memorial Garden Project (Project) and determine that the Project. 5.J Amendment No. 1 to City Agreement No with Northern Recycling Operations and Waste Services Adopted Resolution R authorizing the Public Works Director or his designee to execute the first Amendment to the Processing Agreement with Northern Recycling Operations and Waste Services, LLC, (City Agreement No ). 5.K Resolution authorizing submittal to CalRecycle of applications and related authorizations for the Beverage Container City/County Payment Program Adopted Resolution R authorizing the Public Works Director, the Deputy Public Works Director (Operations), or the Materials Diversion Administrator to submit to the Department of Resources Recycling and Recovery (CalRecycle) applications and related authorizations for the Beverage Container City/County Payment Program 5.L Amendment #1 to Professional Accounting Services Contract Adopted Resolution R authorizing the Finance Director to execute an Amendment #1 in the amount of $100,000 to the existing City of Napa Agreement C with Maze and Associates to perform Professional Accounting Services. 6. ADMINISTRATIVE REPORTS: 6.A Dwight Murray Plaza Design Rick Tooker, Community Development Director, provided information regarding the conceptual design plan for the Dwight Murray Plaza and stated staff recommended approval of the conceptual design plan. Terry Bottomley, of Bottomley Planning & Design provided comments along with Phil vandertoolen of vandertoolen Associates provided further details. Mayor Techel opened the item for public comment. Page 4 of 11

5 Myrna Baldwin, provided comments regarding potential refinements to the recommended design. Chris Craiker, local architect, offered suggestions to improve the design. Bob Massaro, resident and developer, suggested more shade and structures to produce energy. Matt (inaudible), provided further ideas regarding planter beds. There were no further comments from the public. Council discussion ensued regarding shade, solar options, art and impacts to surrounding businesses. Vice Mayor Luros stated she preferred that the bus curb cut remain in place for a future passenger drop-off located; she added that the recommended design was simple and functional and a good first step. Councilmember Mott stated he would like to see the reintegration of the artwork "The Immigrants" and "The Teenager" and added he liked the design of the fountain. Councilmember Inman suggested alternatives for passenger pick-up and stated the site would develop as the area developed. She suggested the addition of a Dwight Murray monument in the future. Mayor Techel stated the design would require a thoughtful plan as to where art and passenger pick-up worked best and stated the design would provide a multi-functional area. Moved, seconded ( Sedgley / Mott ) to approve the conceptual design plan for Dwight Murray Plaza. Motion carried: AYES: Mott, Sedgley, Inman, Luros, Mayor Techel 7. CONSENT HEARINGS: Mayor Techel read the titles of the Hearings and pulled Item 7F for discussion. Mayor Techel called for public comment on Items 7A through 7E; no comments were provided. Moved, seconded ( Inman / Luros ) to approve Consent Hearing Items 7A through 7E. Page 5 of 11

6 Motion carried: AYES: Mott, Sedgley, Inman, Luros, Mayor Techel 7.A Levy Assessments for 2016 in the Parking & Business Improvement Area 1, Benefit Zone 1(2005) Adopted Resolution R levying assessments in the Parking & Business Improvement Area 1, Benefit Zone 1(2005), for FY B Levy Taxes for 2016 in the Napa Parking & Business Improvement Area 1, Benefit Zone 2 Adopted Resolution R levying taxes in the Napa Parking & Business Improvement Area 1, Benefit Zone 2 for Levy Assessments for 2016 in the Oxbow Business Improvement Area Adopted Resolution R levying assessments in the Oxbow Business Improvement Area for D Citywide Landscape Maintenance Assessment District, FY Adopted Resolution R approving Engineers Report and ordering annual levy of assessment for the Citywide Landscape Maintenance District, FY E Napa Valley Corporate Park Landscape and Lighting Assessment District, Fiscal Year Adopt Resolution R approving the Engineer's Report and ordering annual levy of assessment for the Napa Valley Corporate Park Landscape and Lighting District, Fiscal Year F State Route 29 Northbound First Street Ramps & California Boulevard Roundabouts Project Plan Lines and CEQA Approval Councilmember Mott recused due to his ownership of rental property within 500 feet of the subject property; he then left the Council Chambers for the duration of the item under discussion. Councilmember Inman stated she owned a home approximately 1000 feet from the subject property; however, she did not feel that the decision would influence the market value of her property. Eric Whan, Deputy Public Works Director began the staff report and described the subject property in depth. Page 6 of 11

7 After hearing more specifics on the description of the subject property, Councilmember Inman announced the need to recuse as the subject property as described would be within the 500 feet of property under her ownership. Councilmember Inman let the Council Chambers for the duration of the item under discussion. Mayor Techel called for public comment. Patrick Bend, with the Napa County Bicycle coalition voiced concern regarding the multiple roundabouts. Sheri McNamare, resident, stated she lived close to the property and voiced several concerns regarding noise levels. Tim Thulin, resident, commented on safety concerns for bicyclists. Tom Kems, owner of the Best Westem Elm House voiced concerns regarding the impact of guests, construction, and noise levels. Council discussion and questions ensued. Jack LaRochelle, Public Works Director stated roundabouts are preferable from a traffic and pedestrian safety standpoint. Moved, seconded ( Sedgley / Luros ) to adopt Resolution R approving the State Route 29 Northbound First Street Ramps and California Boulevard Roundabouts Project Design Concept and adopting a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program pursuant to CEQA Guidelines Section Motion carried: AYES: NOES: ABSTAIN: RECUSED: Sedgley, Luros, Mayor Techel None None Mott, Inman Councilmembers Inman and Mott returned to the meeting at 5:18 p.m. 8. PUBLIC HEARINGS/APPEALS: Rick Tooker, Community Development Director, and Lark Ferrell, Housing Manager, provided the staff report and explained the fees. Ms. Ferrell noted that the Nexus Study set the fees Mayor Techel called for public comment. May 17,2016 Page 7 of 11

8 Sharon Macklin, member of the Napa Valley Community Housing Board suggested creating a Committee to create a formula to provide a continuous stream of revenue for affordable housing. Randy Gularte, Realtor, voiced suggestions regarding financing for affordable housing and voiced his concern about the time it takes from tentative map approval to final map approval. Conchita Marusich, Co-Chair of the Affordable Housing Committee of the Democrats of Napa Valley Club suggested an affordable housing advisory group be created. Mike Roback, resident - urged Council approval of the recommendation and stated it had been 19 years since the impact fees had been raised. Bob Massaro local building, supported increasing the fees but warned of unintended consequences. Moved, seconded ( lnman/luros ) to close public testimony. Motion carried. AYES: Inman, Luros, Sedgley, Mott, Mayor Techel ABSTAIN: None RECUSED: None Questions and comments ensued regarding outsourcing final maps, updating processes and procedures, and documentation for waiving fees for second units. Moved, seconded ( Inman/Luros ) to adopt R adopting Affordable Housing Impact Fees for Residential and Non-Residential Development. AYES: Inman, Luros, Sedgley, Mott, Mayor Techel ABSTAIN: None RECUSED: None 9. COMMENTS BY COUNCIL OR CITY MANAGER: None. The City Attorney announced the following Closed Session item: 10. CLOSED SESSION: 10.A CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section ): City designated representatives: Mike Parness, Nancy Weiss, Michael Barrett, Steve Potter and Desiree Brun. Page 8 of 11

9 Employee organization: (NPOA). Napa Police Officers Association CITY COUNCIL RECESS: 6:03 P.M. 6:30 P.M. CITY COUNCIL MEETING: EVENING SESSION 11. CALL TO ORDER: 11.A Roll Call PRESENT: Mott, Sedgley, Inman, Luros, Mayor Techel 12. PLEDGE OF ALLEGIANCE: 13. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 14. REPORT ACTION TAKEN IN CLOSED SESSION: No reportable action 15. PUBLIC COMMENT: None. 16. ADMINISTRATIVE REPORTS: 16.A Medical Marijuana Regulation Vice Mayor Luros recused due to a conflict concerning a potential financial interest. She stated in her profession as an attorney, a client from whom she received $500 or more within the past twelve months has indicated a desire to open a medical marijuana dispensary. Vice Mayor Luros left the room Rick Tooker, Community Development Director, provided the staff report regarding the elements of a potential ordinance to identify the types of medical marijuana uses that could be immune from enforcement of the City's existing prohibition of medical marijuana dispensaries and cultivation. Issues discussed were recommended zoning districts, dispensary regulations, separation from certain uses, age limitations, limitation on number and size of dispensaries, limitation on districts and distribution facilities, personal cultivation, limiting to indoor plants versus outdoor plants. Mayor Techel called for public comment. Page 9 of 11

10 Alicia Rose Kelly, resident, urged that Council consider tasting rooms similar to wineries and providing residential preference for dispensary owners. James Hinton, resident, urged Council to approve onsite consumption and made various suggestions. Emmanuel Donval, resident, urged Council to keep moving forward with a dispensary. David Ramos, Harmony Group, the 1000 ft. residential setback as recommended eliminates all proposed zoning districts except for corporate park districts. He urged reducing the residential setback to 500 feet to open up other zoning districts. Lanine Bell, resident, stated she was not in favor of recreational use but was in favor of medicinal use. Michael Bell, resident, stated a dispensary would help people that need alternative medicine. Micah Malan stated there were patients that need safe access to medicine. Lindsay (inaudible) stated the City should have three to four dispensaries and urged allowing deliveries. Mayor brought the item back for Council discussion. City Councilmembers commented on the following items: 1. Zoning districts for dispensaries 2. Separation standards from other dispensaries, youth population areas and residential districts 3. Hours of operation 4. Age restriction 5. Limit the number and size of a dispensary 6. Zoning districts for commercial cultivation and manufacturing 7. Zoning districts for distribution, transportation and testing facilities 8. Personal grow regulations Mayor Techel noted that Council was generally supportive of the staff recommendations as stated in the Staff Report, although Councilmember Inman was less supportive of allowing dispensaries in the IL District. Council supported a 1000 foot separation between dispensaries, and from youth populations. Council was open to considering shorter distance separations from residential zones, but requested additional Page 10 of 11.

11 information on maps to show the impacts of distance separations. Council supported hours of operation from 8:00 a.m. to 7:00 p.m. Council supported an age limitation of 21 years of age. Mayor Techel indicated that protecting youth is a primary concern and the City must do everything possible to assure youth don't get the wrong message about medical marijuana dispensaries. Further discussion ensued regarding possible regulations of transportation and testing facilities, the impact of marijuana-related initiatives that could be on the November ballot, and indoor versus outdoor personal grow areas. It was agreed that since some comments were mixed, staff could come back at a later date to explore the issues in greater detail. 17. COMMENTS BY COUNCIL OR CITY MANAGER: Councilmember Sedgley noted with sadness that Retired Firefighter Carl Johnson passed away. Councilmember Inman thanked those that attended the event recently sponsored by the North Bay Watershed Association. Mayor Techel asked for a moment of silence in memory of Firefighter Carl Johnson. 1. ADJOURNMENT: 8:00 p.m. -2 Dorothy RbbOrts, City-Clerk Page 11 of 11