REGULAR MEETING MINUTES FOR THE CITY COUNCIL OF THE CITY OF NAPA. November 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 1. CALL TO ORDER: 3:30 P.M. 1.A Roll Call PRESENT: Inman, Luros, Mott, Vice Mayor Sedgley Vice Mayor Sedgley announced that Mayor Techel was in Washington D.C. discussing flood control issues. 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roberts announced the following supplemental items: Item 4: Public comment from Jarvis Peay, resident; Item 6B: PowerPoint presentation submitted by city staff. 3. SPECIAL PRESENTATIONS: 3.A Commissioner Appreciation for Paul Wagner 4. PUBLIC COMMENT: Vice Mayor Sedgley presented a Certificate of Appreciation to Paul Wagner for his work on the Bicycle and Trails Advisory Commission. Mr. Wagner stated while he was proud of the accomplishments of the Commission he had a concern that the design of the city is done at the convenience of vehicles rather than bicycles. Bernhard Krevet, member of the Friends of the Napa River, encouraged City Council to consider an opportunity for the acquisition of land near Milliken Creek and the Napa River, similar to the way in which the City acquired land for the Oxbow Preserve. Page 1 of 11

2 Francie VVinnen, Secretary Friends of the Napa River, Urban Design Review Team Chair, stated the Friends of Napa River would be happy to assist the City in creating a Master Plan for the Oxbow Commons Park. Anne Sukowi Hemstreet, with the Catalyst Coalition, spoke about the issues facing Napa County concerning alcohol abuse. Students from New Technology High School (Friday Night Live), spoke about the dangers of alcohol and drug abuse among teens and voiced concern about the proliferation of alcohol establishments in the City, specifically citing the new liquor license obtained by the Starbucks on Main Street. 5. CONSENT CALENDAR: Moved, seconded ( Mott / Inman ) to approve Consent Calendar as presented with the exception of Item 5E which was pulled for discussion by Councilmember Luros. AYES: Inman, Luros, Mott, Vice Mayor Sedgley 5.A Appointment to the Disability Access Board of Appeals and the Building and Fire Code Board of Appeals Appointed James Krider to the Disability Access Board of Appeals and to serve concurrently on the Building and Fire Code Board of Appeals. 5.8 Mills Act Contract Approved the Mills Act Historic Preservation Agreement for the Historic Napa Steam Laundry Building with the property owners (Napa Steam Laundry Investors, LLC) for the property located at Main Street, and authority the City Manager to execute the Agreement on behalf of the City. 5.0 Adoption of the Updated City of Napa Hazard Mitigation Plan Adopted Resolution R authorizing the adoption of the updated City of Napa Hazard Mitigation Plan. 5.D Additional Appropriation for South Napa Earthquake - Storm Drain Repair Project Adopted R authorizing additional appropriation for the South Napa Earthquake- Storm Drain Repair Project. 5.E River Park Marina Dredging Project Pulled for discussion by Councilmember Luros. Regular city Council Meeting Minutes Page 2 of 11

3 Julie Lucido, Senior Civil Engineer commented briefly on the item and stated the residents in attendance were in support of the item. No public comments were provided. Moved, seconded ( Mow Luros ) to adopt Resolution R authorizing the appropriation of River Park Canal Maintenance District Funds for the purpose of a creating a new Capital Improvement Project to dredge the mouth of the River Park Marina. AYES: Luros, Mott, Inman, Vice Mayor Sedgley 5.F Amendment to Agreement for Design-Build Services for Tulocay Creek Bicycle/Pedestrian Bridge Adopted Resolution R authorizing the Public Works Director to execute Amendment No. Ito Agreement No. C with G.D. Nielson Construction, Inc. for additional paving and grading for the Tulocay Creek Bicycle/Pedestrian Bridge Project. 6. ADMINISTRATIVE REPORTS: 6.A Downtown Napa Post Office Ken MacNab, Planning Manager, provided an update regarding the proposed sale of the Napa Franklin Station by the United States Postal Service, and the proposal to authorize execution of Historic Preservation Covenant with the City of Napa and Napa County Landmarks. James Hinton, resident, commented on the economics of the United States Postal Service (USPS). Moved, seconded (Mott/ Inman ) to authorize the Mayor, on behalf of the City, to send a letter to USPS supporting Napa County Landmarks to serve with the City of Napa as the covenant holders under the terms of the preservation covenant. Under discussion, Vice Mayor Sedgley questioned whether the City should be a party to the preservation covenant and stated Napa County Landmarks was in a better position to be the sole covenant holder. Moved, seconded and carried ( Luros/Inman ) to amend the motion to modify the letter to state that the City supported Napa County Landmarks either as the sole holder of the preservation covenant, or as an alternative, with the City of Napa. November 17, 2013 Page 3 of 11

4 AYES: Inman, Luros, Mott, Vice Mayor Sedgley Moved, seconded ( Luros/Mott ) to authorize the City Manager to work with Napa County Landmarks in order to negotiate the terms of the preservation covenant, in substantial conformance with the terms set forth on Attachment 4 (with modifications to identify the joint responsibilities of the City and Napa County Landmarks, and to implement the historic preservation of the Napa Franklin Station), and authorize the City Manager to execute the preservation covenant on behalf of the City. AYES: Luros, Mott, Inman, Vice Mayor Sedgley 6.B Fiscal Year First Quarter Report Roberta Raper, Finance Director, provided information on the status of the city's first quarter financials and investments. City Manager Parness followed with an update on the first quarter project status and Customer Relationship Management requests and follow-up. Vice Mayor Sedgley called for public comment. James Hinton, resident, commented on investments and stated the city should realize more revenue with a medical marijuana dispensary and consider initiating bank transactions fees City Manager Pamess clarified that the City does not have the legal authority to regulate or assess taxes or fees on the banking industry. Moved, seconded (Inman/ Luros) to receive the 1st Quarter report and adopted Resolution R approving amendments to the adopted budget for the 2015/16 fiscal year. AYES: Luros, Mott, Inman, Vice Mayor Sedgley Page 4 of 11

5 6.0 Latino Heritage Mural Rehabilitation Project Rick Tooker, Community Development Director provided the staff report to request Council's authorization of a $2,500 contribution to the Napa Chamber of Commerce for the rehabilitation of the Latino Heritage Mural on First Street. Ed Shenk, speaking on behalf of the Artist Jose Charles, reviewed fundraising efforts. Councilmember Mott asked about the status of the various murals in town. Mr. Shenk responded. Moved, seconded (Inman/ Mott ) to authorize the City Manager to grant $2,500 from the contingency budget ( ) to the Napa Chamber of Commerce for rehabilitation of the Latino Heritage Mural on First Street, and determine the project is exempt from CEQA pursuant to CEQA Guidelines Section AYES: Inman, Mott, Luros, Vice Mayor Sedgley 7. CONSENT HEARINGS: 7.A Municipal Code amendments regarding approval authority for adoption of CEQA documents and noticing procedures for public hearings Vice Mayor Sedgley announced the consent hearing and called for public testimony, no one came forward; therefore, the public hearing was opened and closed without comment. Moved, seconded (Inman/ Luros ) to approve the first reading and introduction of an ordinance amending the Napa Municipal Code regarding procedures for implementation of the California Environmental Quality Act and regarding procedures for issuing public notices of public hearings; and determine that the project is exempt from CEQA pursuant to CEQA Guidelines Section AYES: Inman, Luros, Mott, Vice Mayor Sedgley Page 5 of 11

6 8. PUBLIC HEARINGS/APPEALS: 8.A Vacation Rental Permit Appeal Fee Michael Walker, Senior Planner, provided a brief staff report. Vice Mayor Sedgley called for any disclosures; none were provided. Councilmember Inman asked about the timeline for vacation rental applications. Mr. Walker stated the applications have been prepared; the application period would likely go to January. He stated there is a link on the City's website that would provide more detailed information to the public. Moved, seconded ( Sedgley/lnman ) to close the Public Hearing. AYES: Sedgley, Inman, Luros, Mott Moved, seconded ( Mott/Luros ) to adopt Resolution R establishing appeal fees for vacation rental permits effective December 1, AYES: Sedgley, Inman, Luros, Mott 9. COMMENTS BY COUNCIL OR CITY MANAGER: Vice Mayor Sedgley spoke about the previous comments made by Bernhard Krevet regarding the opportunity to purchase land for a preserve or open space park and stated his desire to have staff research the issue. City Manager Pamess stated securing the land may be ideal through grant funding, and mentioned that there were many projects that Council has discussed that need to be prioritized. More discussion ensued regarding partnering with other agencies to secure the land; it was agreed that letters could be sent to potential partner agencies. 10. CLOSED SESSION: City Attorney Barrett read the Closed Session item and announced that Human Resources Director Colaso would not be participating and Roberta Raper, Finance Director would be participating in the Closed Session item. Page 5 of 11

7 10.A CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section ): City designated representatives: Mike Parness, Nancy Weiss, Michael Barrett, Darlene Colaso and Charles Sakai of Renne, Sloan, Holtzman, and Sakai LLP. Employee organizations: Napa City Employee's Association (NCEA), Administrative, Managerial and Professional Employees (AMP), Management Unit of the Napa Police Department (MUNPD), and Napa Chief Fire Officers (NCFO). 5:15 P.M. to 6:30 P.M. CITY COUNCIL RECESS 6:30 P.M. CITY COUNCIL MEETING: EVENING SESSION 11. CALL TO ORDER: 11.A Roll Call PRESENT: Inman, Luros, Mott, Vice Mayor Sedgley 12. PLEDGE OF ALLEGIANCE: 13. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 14. REPORT ACTION TAKEN IN CLOSED SESSION: 15. PUBLIC COMMENT: None 16. PUBLIC HEARINGS/APPEALS: 16.A Project Nightingale appeal of a 13-bed group residential facility for temporary on-site respite care for persons discharged from a hospital Vice Mayor Sedgley announced the item. City Council members announced disclosures were given. Ken MacNab provided a staff report detailing the Planning Commission's concerns related to the location of the project. Karlo Felix, Associate Planner provided the details of the site plan, floor plan, and the Planning Commission's decision regarding potential neighborhood impacts and the recommended action to deny the appeal and Use Permit. Kathy Roche with the Gasser Foundation, representing the applicant (and appellant), came forward. She stated the project would be for Respite Care and stated the number of beds has been reduced from 13 as presented to the Planning Commission to 11, as recommended November 17,2015 Page 7 of 11

8 by physicians. She clarified that the project was not a homeless shelter and spoke at length regarding safeguards and the positive impacts of a respite care facility. Vice Mayor Sedgley called for public comment. George Porter spoke in support of the project and urged Council to grant the appeal submitted by the Gasser Foundation. Harry Price stated the Gasser Foundation has successfully operated five group homes in the City of Napa and there have been no complaints. Jim Cotter, M.D., President of the Medical Society; spoke in support of Project Nightingale. Karen Re!new spoke in support of Project Nightingale and stated patients are too ill to loiter. Jennielynn Holmes, Catholic Charites Director of Shelter and Housing spoke in support of the project. Rob Weiss, Director of Family Service Napa Valley, stated the program fills a gap that is needed in the City of Napa. Lee Niesh, Pastor of First Presbyterian Church spoke in support of the project. Thom Falcon, resident of the neighborhood, stated he did not receive proper notice and urged Council to consider better locations. Tracy Lamb, Executive Director, Napa Women's Emergency Shelter spoke in support of the project. JoeIle Gallagher Cope Family Center, spoke in support of the project. Cindy Wafter, resident of the neighborhood and former City Councilmember, stated she visited Nightingale House in Santa Rosa and stated the facility was welcoming and there was no loitering. Craig Blinstrub, resident of the neighborhood, voiced concerns about the project stating the Santa Rosa project is not in a neighborhood. Steve Huen, property owner in the neighborhood, stated he did not receive notice and urged Council to uphold the appeal based on the location and parking issues. Patricia Suzuki, resident of the neighborhood, urged Council to uphold the appeal based on the location. November 17, 2013 Page 8 of 11

9 Terr Deits, member of the Napa Commission on Aging, spoke in support of the project. Cynthia, resident of the neighborhood stated that while the facility was needed the proposed location was inappropriate. Kathleen Hickey, resident, urged Council to uphold the Planning Commission's decision to deny the project. Larry O'Brien, resident of the neighborhood, urged upholding the appeal based on the location. Rachel Clark; resident, stated she supported the facility but not at the proposed location. Ms. Roche, again speaking on behalf of the applicant (appellant) reaffirmed that drugs and alcohol would not be allowed, and stressed that with regard to parking the proposed use would be less impacfful than the cuerent use. Moved, seconded ( Inmanturos ) to close the Public Hearing. AYES: NOES: ABSENT: Inman, Luros, Mott, Sedgley None Mayor Techel Council discussion ensued with regard to the noticing, location, other options, parking and impacts to the neighborhood. Vice Mayor Sedgley stated that parking is an issue citywide, particularly with nonconforming use; Councilmember Luros stated she was comfortable with the prbposals and wanted to see quarterly neighborhood meetings as a condition of approval; Councilmember Mott asked the applicant operational questions. Councilmember Inman stressed that the building is non-conforming, and the proposed use would be a lower intensity than the current use. Councilmember Mott stated while the location may not be the most desirable, another use would cause parking issues as well. Councilmember Inman noted that if the Council were to approve the appeal, an amended resolution would be required and asked for direction from the City Attorney. City Attorney Barrett responded that Council could consider a motion to document the findings that the facility would be reduced from 13 to 11 beds, and quarterly meetings with neighbors would be required. Page 9 of 11

10 Planning staff could provide those findings in the form of a revised resolution to be brought back for Council consideration. Moved, seconded ( lnman/luros ) to direct staff to bring back a revised Resolution to approve the appeal, with findings that the facility would be limited to 11 beds and quarterly meetings with neighbors would be required. AYES: Inman, Luros, Mott, Sedgley 16.B Updates to the City's Historic Preservation Ordinance and Historic Resources Inventory Vice Mayor Sedgley announced the item and called for disclosures from City Council; there were no disclosures. Ken MacNab, Planning Manager, introduced Heather Hines, with M Group, the consultant who had worked with city staff to update the ordinance. Ms. Hines provided a detailed report on the proposed ordinance. Council discussion ensued and suggestions and direction was provided. Vice Mayor Sedgley called for public comment; no one came forward. Moved, seconded ( Inman/Luros ) to close the Public Hearing. AYES: Inman, Luros, Mott, Sedgley Further discussion ensued. Councilmember Inman stated that one item which has been held over from the past two preservation ordinances was under Qualifications of Commissioners; paragraph B, which provides for membership of Napa County voters. She stated she felt a county atlarge member was not necessary. Discussion ensued. Council agreed to her suggestion to make the county appointment a "preservation professionals as stated in paragraph D of the ordinance. Page 10 of 11

11 Moved, seconded ( Inman/Mott ) to approve the first reading and introduction of an ordinance adopting a new Chapter 2.70 regarding membership and responsibilities of the Cultural Heritage Commission and amending Napa Municipal Code Chapter related to preservation of historic resources, with the modification in Section B and D to make the appointment of commission members that reside outside the city limits to be limited to the qualifications as stated under Paragraph D. AYES: Inman, Luros, Mott, Sedgley 17. COMMENTS BY COUNCIL OR CITY MANAGER: None. 8. blliqurnment: 9:05 P.M. Dorothy Robe, City Clerk Page 11 of 11

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