PRELIMINARY SUMMARY OF ACTIONS FOR THE CITY COUNCIL OF THE CITY OF NAPA AND THE NAPA COMMUNITY REDEVELOPMENT AGENCY (NCRA) July 20, 2010

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1 PRELIMINARY SUMMARY OF ACTIONS FOR THE CITY COUNCIL OF THE CITY OF NAPA AND THE NAPA COMMUNITY REDEVELOPMENT AGENCY (NCRA) July 20, 2010 City Hall Council Chambers 955 School Street (The is intended to be a first draft of the meeting minutes documenting actions taken by the City Council and the NCRA Board at the above referenced meeting. If any person believes that the do not accurately reflect actions taken by the City Council, please contact the City Clerk at (707) or clerk@cityofnapa.org. The will be superseded upon City Council s approval of the meeting minutes for the above referenced meeting, in accordance with City Policy Resolution No. 19 (Section 8). NAPA COMMUNITY REDEVELOPMENT AGENCY (NCRA) 3:30 P.M. 1. CALL TO ORDER: 3:30 P.M. A. ROLL CALL: PRESENT: Board Members Inman, Mott, van Gorder, Krider, Chair Techel. 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: Click here to view informational material received before the meeting. 3. PUBLIC COMMENT: There was no public comment provided. 4. CONSENT CALENDAR: Action: Moved, seconded and carried (Mott/Inman) to approve the Consent Calendar as presented. AYES: Mott, Inman, Krider, van Gorder, Techel. 4.A. Approval of Agency Minutes: Action: Approved the June 15, 2010 Napa Community Redevelopment Agency Minutes. Page 1 of 11

2 5. ADMINISTRATIVE REPORTS: 5.A. Downtown Napa Business Update: Jennifer La Liberte, Acting Economic Development Manager, provided the annual summary of business activity in Downtown Napa from August 2009 to July Action: Moved, seconded and carried (van Gorder/Krider) to receive the update. AYES: van Gorder, Krider, Inman, Mott, Techel. 6. COMMENTS BY AGENCY MEMBER OR EXECUTIVE DIRECTOR: There were no comments by Agency members or the Executive Director. 7. ADJOURNMENT: 3:45 p.m. Chair Techel announced the next regularly scheduled meeting of the Napa Community Redevelopment Agency would be August 17, CITY COUNCIL MEETING: AFTERNOON SESSION 3:30 P.M. 8. CALL TO ORDER: A. ROLL CALL: PRESENT: Councilmembers Inman, Mott, van Gorder, Krider, Mayor Techel. 9. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk Roadman stated a communication was received from Attorney David Trotter, on behalf of his client Uno Fratelli, LLC, to pull item 11 E from the Consent Calendar to consider during the Regular Evening Session. A letter from Mr. Trotter was also provided. Mayor Techel announced Item 11 E would be pulled from the Consent Calendar to be considered under Item 23 B during the Evening Session. Click here to view informational material received before the meeting. Click here to view informational material received during and after the meeting. Page 2 of 11

3 10. PUBLIC COMMENT/PRESENTATIONS: Mr. Brown (Item 11 E communication submitted see Supplemental II Communications for 7/20/2010 City Council meeting). 10.A. Special presentation on the Street Resurfacing Program and acknowledgement of the City Crews: Jacques LaRochelle introduced the item. Jeff Folks, Street Supervisor, provided the special presentation on the ten miles of street resurfacing recently accomplished. Members of the street crew were introduced and acknowledged. 10.B. Presentation by Mr. Dave Whitmer regarding the European Grapevine Moth: Mr. Dave Whitmer, Napa County Agricultural Commissioner, briefed City Council on the issue of the European Grapevine Moth, detailing plans and steps to eradicate the insects. 11. CONSENT CALENDAR: Mayor Techel pulled Items A and E, Councilmember van Gorder pulled Items A and D. Councilmember Inman noted that 11 G appeared to have an incorrect map attached. Action: Moved, seconded and carried (Inman/Techel) to approve the Consent Calendar with the exception of the items pulled Items 11 A, D, E, and F (Item 11 E would be heard under Item 23 B). AYES: Inman, Techel, Krider, van Gorder, Mott. 11.A. Item 11 A pulled from Consent Calendar. Designation 2010 League of California Cities Delegate and Alternate: Action: Moved, seconded and carried (Inman/Krider) to appoint Vice Mayor Mott as voting delegate and Councilmembers Krider and Inman as alternate delegates to represent the City at the Annual League of California Cities Business Meeting scheduled September 17, AYES: Inman, Krider, van Gorder, Mott, Techel. 11.B. Ordinance establishing High Performance Building Regulations: Action: Approved Second Reading and final adoption of Page 3 of 11

4 Ordinance O amending Napa Municipal Code to adopt Part 11 of the 2007 California Building Standards Code, the California Green Building Standards Code, by reference, and adopting local amendments thereto, and deleting Napa Municipal Code Chapter in its entirety and replacing it with a new chapter 15.30, High Performance Building Regulations. 11.C. 11.D. Memorandum of Understanding Related to the Collection, Disbursement, and Auditing of Assessment Funds of the Napa Valley Tourism Improvement District: Action: Approved the Memorandum of Understanding for actions related to administration of Napa Valley Tourism Improvement District and authorization to the City Manager to execute the agreement. Item 11 D pulled from the Consent Calendar. Public Works Award of Construction Contract: East Avenue Rehabilitation Project: Councilmember van Gorder queried the Public Works Director about underground utilities; Vice Mayor Mott thanked the Public Works team for their work in the area. Action: Moved, seconded and carried (Mott/Inman) to adopt Resolution R authorizing the Public Works Director to award and execute the construction contract with Argonaut Constructors, Inc. for the East Avenue Rehabilitation Project and contract change orders, and authorizing geotechnical testing, contract administration, management, and inspection up to a total amount not to exceed $1,576, AYES: Inman, Krider, van Gorder, Mott, Techel. 11.E. 11.F. Item 11 E was pulled from the Consent Calendar to be considered under Item 23 B Evening Session (see below). Public Works Award of Construction Contract: Trancas Crossing Park Project: Item 11 F pulled from the Consent Calendar. Professional On-Call Geotechnical Engineering Services Agreement with Raney Geotechnical, Inc.: Discussion ensued regarding the Agreement and qualifications of the firms in terms of local preference. Action: Moved, seconded and carried (van Gorder/Mott) to Approve Amendment No. 2 to Agreement No with Raney Geotechnical, Inc. for Professional On-Call Geotechnical Engineering Services in the amount of $150, for a total Page 4 of 11

5 contract amount not to exceed $450,000.00, and authorize the Public Works Director to execute the amendment. AYES: van Gorder, Mott, Krider, Techel. NOES: Inman. 11.G. 11.H. 11.I. 11.J. Authorization for Additional Funding for Rehabilitation of Shurtleff Avenue, Kansas Avenue, Foster Road and Solano Avenue: Action: Adopted Resolution R authorizing appropriation of additional funds for the Rehabilitation of Shurtleff Avenue, Kansas Avenue, Foster Road, and Solano Avenue (ST09PW003) and authorizing the Public Works Director to execute change orders, geotechnical work, contract administration, management, inspection, and contingencies to an amount not to exceed $1,712, Amendment No. 5 to Agreement No for Disaster Recovery Services and Project Closeout from the 2006 New Year s Flood: Action: Adopted Resolution R authorizing the Public Works Director to execute Amendment No. 5 to Agreement No with Recovery Operation Specialty Services to increase the contract amount for administrative support with additional funding appeals from Federal Emergency Management Agency (FEMA) and California Emergency Management Agency (CALEMA) for Milliken Weir and Sluice Gate and close out of 39 projects from 2006 New Year s Flood and 2006 Spring Storm Damage. Amendment 4 to Agreement No with Kennedy/Jenks Consultants, Inc. for Engineering Design of Intermediate Ozone for the Edward I Barwick Jamieson Canyon Water Treatment Plant Improvements Project: Action: Authorized the Public Works Director to execute Amendment 4 to Agreement No with Kennedy/Jenks Consultants, Inc. in the amount of $157, for Engineering Design of Intermediate Ozone for the Edward I Barwick Jamieson Canyon Water Treatment Plant Improvements Project. Resolution Providing Authorization to Sign and Submit Used Oil Payment Program Applications and Program Documents: Action: Adopted Resolution R authorizing the Public Works Director, the Deputy Public Works Director, or the Materials Diversion Administrator to sign and submit Used Oil Payment Program applications and necessary documents to the Department of Resources Recycling and Recovery for Fiscal Page 5 of 11

6 Years through K. 11.L. 11.M. 11.N. 11.O. Purchase of Skid-steer Loader for Streets Division: Action: Authorized the Public Works Director to execute a contract in the amount of $46, with Peterson Caterpillar for the purchase of one new Caterpillar 246C Skid-steer Loader. Paramedic, Lake Park and River Park Estates Maintenance Districts Tax Rates: Action: Adopted Resolution R authorizing the Paramedic and Maintenance Districts' tax rates for Fiscal Year Housing Division Reorganization: Action: Authorized conceptual reorganization of the Housing Division of the Community Development Department and authorize staff to prepare new class specifications and salary recommendations. Amendment to Agreement C for the Interim Finance Director: Action: Approved Amendment No 1 to Agreement for Professional Services with William Zenoni for Interim Finance Director services in an amount not to exceed $93, through June 30, 2011, and authorize the Assistant City Manager for Administrative Services to execute the agreement Byrne Justice Assistance Grant Authorization for Budget Appropriation: Action: Adopted Resolution R accepting the 2010 Byrne Justice Assistance Recovery Grant in the amount of $31, and appropriation of fund. 12. ADMINISTRATIVE REPORTS: 12.A. Main Street Boat Dock Project Update: Miki Tsubota, Associate Civil Engineer, provided an update on the Main Street Boat Dock Project and related efforts to dredge the Napa River. Bernhard Krevet, Friends of Napa River (commented from a boater s perspective, encouraged moving forward with the boat dock). Action: Moved, seconded and carried (Krider/ Mott) to proceed with efforts to complete the Main Street Boat Dock project as soon as possible even though the new dock will not be fully utilized until the entire Napa River channel is dredged. Page 6 of 11

7 AYES: Krider, Mott, van Gorder, Inman, Techel. 13. COMMENTS BY COUNCIL OR CITY MANAGER: Mayor Techel (thanks to Parks Division working with neighbors on the Browns Valley Playground) Vice Mayor Mott: (Encouraged participation in National Night Out on August 3 rd ). 14. CLOSED SESSION: 14.A. Conference with Legal Counsel: Existing Litigation: Government Code Section (a); Napa Superior Court Case No B. 14.C. Conference with Real Property Negotiators: (Government Code section ): Property: portion of APN and adjacent unassessed property located at the intersection of Soscol Avenue and Old Soscol Avenue; City Negotiators: Mike Parness, Jeff Freitas, Michael Barrett. Negotiating Parties: City of Napa, and Riverwood Apartments, LLC. Under Negotiation: price and terms of payment. Conference with Labor Negotiators: (Government Code section ): City designated representatives: Mike Parness, Nancy Weiss, and Michael Barrett, Emily Prescott, of Renne, Sloan, Holtzman, and Sakai LLP and the Napa Police Officer s Association. City Attorney Barrett announced the Closed Session items. 5:00 P.M. to 6:30 P.M. CITY COUNCIL RECESS CITY COUNCIL MEETING: EVENING SESSION 6:30 P.M. 15. CALL TO ORDER: A. ROLL CALL PRESENT: Councilmembers Inman, Mott, van Gorder, Krider, Mayor Techel. Page 7 of 11

8 16. PLEDGE OF ALLEGIANCE: A moment of silence was observed in memory of a local soldier recently killed in Afghanistan. 17. COMMISSION INTERVIEWS AND APPOINTMENTS: None. 18. REPORT ACTION TAKEN IN CLOSED SESSION: None. 19. SPECIAL PRESENTATIONS: None. 20. PUBLIC COMMENT: Alex Shautz (Napa Valley Green Party); and Lynette Peterson (Students for a Democratic Society). 21. ADMINSTRATIVE REPORTS: None. 22. CONSENT HEARINGS: None. 23. PUBLIC HEARINGS/APPEALS: 23.A. Hearing for renewal of the Downtown Napa Property & Business Improvement District (PBID): Cassandra Walker, Community Development Director, provided background on the District, adding that on May 4 th a successful petition drive was initiated; the District has been in the City for 4.5 years and includes 284 parcels. Mayor Techel explained that The Hearing would be held consistent with California s Right to Vote on Taxes Act, also known as Proposition 218, which gives property owners the right to vote on specific property related fees, taxes and assessments. She explained that ballots have been mailed to all property owners within the District, and would also be accepted by the City Clerk during the public testimony portion of the hearing. At the close of public testimony, no other ballots will be accepted. Mayor Techel called for public testimony. Craig Smith, Downtown Property Association stated a 50 percent plus one vote is needed to continue the District. Bill Coffield, resident, submitted a request to be removed from the District on his property at 1525 Polk Street. Mayor Techel again called for public testimony; no one came forward. Action: Moved, seconded and carried (Mott/Inman) to close the public hearing. AYES: Mott, Inman, van Gorder, Krider, Techel. Page 8 of 11

9 A Break was called at 6:45 p.m. for the process of counting assessment ballots; City Attorney Barrett explained the process is open to the public. The Council reconvened at 6:50 p.m. to consider Item 11 E, pulled earlier from the Consent Agenda. 23.B (11.E) Public Works Award of Construction Contract: Trancas Crossing Park Project: General questions ensued regarding the low bidder to the project. Mayor Techel called for public comment. David Trotter, Attorney, Bowles & Verna LLP, representing Uno Fratelli LLC, urged Council to not approve the contract and adopt a resolution and direct staff to make necessary modifications to future contracts with regard to easements and property rights. Jeff Moore stated he has attempted to discuss his concerns regarding access with the City. Action: Moved, seconded and carried (van Gorder/Mott) to close the public testimony. AYES: van Gorder, Mott, Inman, Krider, Techel. After discussion, City Attorney Barrett read into the record additional language regarding the easement area, which could be included in the resolution. The following language, which could be included in the resolution. Mr. Trotter stated the language read by the City Attorney only relates to non-exclusive easement area. Council discussed the item with Parks and Recreation Director Larry Mazzuca (details on the grant), and Public Works Director LaRochelle (easement area). Action: Moved, seconded and carried (Krider/Mott) to adopt Resolution R , with additional language as read by Page 9 of 11

10 City Attorney Barrett, authorizing the Public Works Director to award and execute the construction contract with Elite Landscaping, Inc. for the Trancas Crossing Park Project and contract change orders, and authorizing geotechnical testing, contract administration, management, and inspection up to a total amount not to exceed $1,808, AYES: Krider, Mott, Inman, Techel. NOES: van Gorder. A five-minute break was called at 7:20 p.m. to complete tabulation of the assessment ballots. City Council reconvened at 7:40 p.m. 23.A. Hearing for renewal of the Downtown Napa Property & Business Improvement District (PBID): City Clerk Roadman announced the result of the final weighted tabulation as follows: Total dollars voting $ 203, Yes dollars: $ 139, No dollars: $ 64, Yes: 68.23% No 31.77% Action: Moved, seconded and carried (Krider/Inman) to approve Resolution R declaring the results of the Majority-Protest Proceedings, renewing the Downtown Napa Property and Business Improvement District, and Levying Assessments. AYES: Krider, Inman, van Gorder, Mott, Techel 24. COMMENTS BY COUNCIL OR CITY MANAGER: City Council commented on their favorite Art Walk items. 25. ADJOURNMENT: 7:50 p.m. Mayor Techel announced the next regularly scheduled meeting of the City Council would be August 17, Page 10 of 11

11 Dorothy Roadman, City Clerk Page 11 of 11