SUPPLEMENTAL REPORTS & COMMUNICATIONS
Office of the City Clerk
City Council of the City of Napa
Regular Meeting
December 20, 2022
FOR THE CITY COUNCIL OF THE CITY OF NAPA
EVENING SESSION:
SUBMITTED PRIOR TO THE CITY COUNCIL MEETING
14. ADMINISTRATIVE REPORTS:
14.A. Oxbow Riverstage Concert Series
• PowerPoint presentation from City Staff.
1) Email from Steve Carlin and Gabe Carlin received on December 9, 2022. 2) Email from Christopher and Beth Daulton received on December 18, 2022. 3) Email from Frank received on December 18, 2022.
4) Email from Gordon and Darcy Huether on December 19, 2022. 5) Email from Thomas Bensel on December 19, 2022.
6) Email from Chuck Shinnamon on December 19, 2022.
7) Email from Alan Charles Dell’ Ario on December 19, 2022. 8) Email from Darcy Tunt-Huether on December 20, 2022.
9) Email from Rhea Komarek on December 20, 2022.
10) Email from Sara Southam on December 20, 2022.
Agenda Item 14.A.
Oxbow
Riverstage
Concert Series
December 20, 2022
City Council Regular Meeting
12/20/2022
Supplemental - Item 14.A.
From: City Staff
Background
•
2022
-
2023 License Agreement with STR Entertainment
–
Build and maintain a stage at Oxbow Commons for the Oxbow Riverstage
concert series
–
12 Concerts in 2023 (permitted Special Event Permit)
•
City Council Meeting on November 15, 2022
–
Reviewed annual report
–
Notice to proceed with 2023 Season
–
Authorized City Manager to negotiate & execute Amendment No. 2 to City Agreement No. 2021
-
165
•
Increased security deposit of $40,000
•
Improved aesthetics at the Premises with decorative fence screens around the stage enclosure and enhanced cleaning and litter removal after each concert; and
•
Reduced the non
-
concert days footprint to include the removal of the
fence line under the bridge area
Background
•
Stage Location
–
November 15th City Council meeting
•
Requests
were made during public comment to move stage to 2021 location •
G
eneral discussion by City
Council about the relocation of the stage
•
No specific action taken on the stage location and City Council accepted the staff recommendation as stated in the staff report with the modification that staff would return to Council if additional changes may be necessary following the continued conversations between the City and STR Entertainment.
–
December 6,
2022
City Council meeting
•
Various stakeholder groups requested that the City Council place an item on a future City Council meeting agenda to reconsider returning the stage location to the 2021 location
•
City Council directed staff to bring back the location of the Oxbow Riverstage
stage for discussion at a subsequent City Council meeting. 2019
-
2021 Stage Location
2022 Stage Location
East
-
Facing Stage/Concrete Area
Location Considerations
•
Stage would return to the 2019 and 2021
Season location.
•
Stage placement would reduce the impact to
the overall park area, improve aesthetics and
public access to the park.
•
Turf restoration would not be necessary after
the 2023 Season.
•
The turf area would be more accessible
during the 2023 Season for both residents
and visitors to enjoy during non
-
concert
days.
East
-
Facing Stage/Concrete Area
Location Considerations
•
Street closures and no parking along
McKinstry Street for each concert would be
reduced.
•
The stage placement would likely result in
increased noise impacts and complaints
from nearby residents.
•
The three sound monitoring locations
agreed to in the Agreement would need to
change.
•
It is more likely that the average sound
readings would exceed the noise levels
established in the City’s noise ordinance
(NMC Section 12.40.030(D)) at the nearest
residential property.
West
-
Facing Stage/East Lawn
Location Considerations
•
The stage placement would remain as
configured during the 2022 Season.
•
By facing the stage west towards more
commercial areas in downtown Napa, the
stage placement would reduce noise impacts
to nearby residential neighborhoods.
•
The stage placement would result in
continued dissatisfaction and frustration by
nearby Oxbow businesses that have
expressed concerns about the negative
impacts on business operations.
West
-
Facing Stage/East Lawn
Location Considerations
•
The aesthetics of the stage area are
anticipated to be improved during the 2023
Season given the additional amendments to
the Agreement.
•
Improved coordination and more effective turf
management is anticipated for the 2023
Season.
Additional Considerations
•
If Council directs staff to return the stage to the 2021 location, Staff would proceed with negotiating Amendment No. 2 to the Agreement based on Council’s direction at the November 15, 2022 meeting, except that:
(1)
Location of the stage would be changed to the concrete area under the Wine Train bridge;
(2)
Back fence would need to remain in place throughout the entire 2023 Season to help protect the enclosure of the stage area under the Wine Train Bridge; and (3)
Licensee and staff would determine and agree upon the new locations of sound monitoring devices.
•
If Council directs staff to keep the stage in the 2022 west -
facing location on
the eastern lawn, staff would proceed with negotiating the amendments to the License Agreement based on Council’s direction at the November 15, 2022 meeting.
Additional Considerations
•
Staff has significant concerns about the noise impacts to the residents to the west of Oxbow Commons and the ability of the Licensee to comply with the City’s noise ordinance.
•
Given the limitations of the Licensee
to
reduce the sound volume and
successfully mitigate noise during the 2021 Season and the minimal noise complaints staff received from residential neighbors during the 2022 Season,
S
taff recommends keeping the stage in the west facing location on the eastern lawn for the 2023 Season.
•
Staff also recommends a broader and more comprehensive community discussion about the desirability of large
-
scale / multi
-
day special events at
the Oxbow Commons at the conclusion of the 2023 Season.
Recommended Action
Receive
a
report
regarding
the
Oxbow
Riverstage
,
and
:
a)
Provide
direction
to
Staff
to
keep
the
Oxbow
Riverstage
on
the
eastern
lawn
of
the
Oxbow
Commons
facing
west
toward
downtown
for
the
2023
Season
pursuant
to
City
Agreement
No
.
2021
-
165
with
STR
Entertainment
;
or
b)
Authorize
the
City
Manager
to
negotiate
and
execute
an
amendment
to
City
Agreement
No
.
2021
-
165
to
relocate
the
stage
for
the
2023
Season
to
the
concrete
area
under
the
Wine
Train
bridge
facing
east
where
it
was
located
during
the
2019
and
2021
Seasons
;
and
c)
determine
that
the
actions
authorized
by
this
item
are
exempt
from
CEQA
.
Questions
To:
Clerk <[email protected]>
Cc:
Katrina Gregory <[email protected]>; Steve Potter <[email protected]>; Gabe <[email protected]>
Subject:
Oxbow River Stage Relocation
[EXTERNAL]
December 9, 2022
To: Napa City Council
From: Steve and Gabe Carlin, Oxbow Public Market
R
e: Relocating the Oxbow River Stage back to the original location (on the west side of McKinstry Street) for the 2023 season.
We wanted to express our support for the Oxbow River Stage to operate in the Oxbow Commons during the 2023 season. There are bene
fits to Napa businesses
and the community because of these concerts. However, we must also acknowledge the negative impacts on surrounding residential areas and the immediate neighborhood due to the operation of a large music venue. In our experience, movi
ng the stage from the west to the east side of McKinstry Street exacerbated these impacts and created an additional hardship on our tenants and customers.
While regular and unwanted road closures occurred in both stage locations, river view and open space
obstructions, cyclone construction fencing along the river, additional congestion, trash accumulation along the river, loss of access to a large part of the Oxbow Commons for public enjoyment, and damage to the lawn on the east side of McKinstry were all
new problems. And these problems were
experienced for months, not just for a 3
-
day weekend like during Bottlerock.
If decibel thresholds established in the agreement with the promoter were exceeded last year, then this seems like an excellent opportunity to put some
teeth into the amendment to make sure our residential neighbor’s concerns about noise (in Alta Heights and downtown) are adequately addressed. But we must also acknowledge that it is not physically possible to eliminate loud sounds from a rock
concert.
We hope you will agree that reasonable solutions can be found to accommodate area residents and that relocating the stage to its original location for 2023 is a fair and equitable request. Please vote in favor of the relocation at the December 20 city council meeting. Thank you for your consideration.
Please call us if you have any questions or want further feedback.
Respectfully,
Steve Carlin (415
-
793
-
3974)
Gabe Carlin
Item 14.A. Public Comment
December 9, 2022
To: Napa City Council
From: Steve and Gabe Carlin, Oxbow Public Market
Re: Relocating the Oxbow River Stage back to the original location (on the west side of McKinstry Street) for the 2023 season.
We wanted to express our support for the Oxbow River Stage to operate in the Oxbow Commons during the 2023 season. There are benefits to Napa businesses and the community because of these concerts.
However, we must also acknowledge the negative impacts on surrounding residential areas and the immediate neighborhood due to the operation of a large music venue. In our experience, moving the stage from the west to the east side of McKinstry Street exacerbated these impacts and created an additional hardship on our tenants and customers.
While regular and unwanted road closures occurred in both stage locations, river view and open space obstructions, cyclone construction fencing along the river, additional congestion, trash accumulation along the river, loss of access to a large part of the Oxbow Commons for public enjoyment, and damage to the lawn on the east side of McKinstry were all new problems. And these problems were experienced for months, not just for a 3-day weekend like during Bottlerock.
If decibel thresholds established in the agreement with the promoter were exceeded last year, then this seems like an excellent opportunity to put some teeth into the amendment to make sure our residential neighbor’s concerns about noise (in Alta Heights and downtown) are adequately addressed. But we must also acknowledge that it is not physically possible to eliminate loud sounds from a rock concert.
We hope you will agree that reasonable solutions can be found to accommodate area residents and that relocating the stage to its original location for 2023 is a fair and equitable request. Please vote in favor of the relocation at the December 20 city council meeting. Thank you for your consideration.
Please call us if you have any questions or want further feedback.
Respectfully,
Steve Carlin
Gabe Carlin
From:
To: Scott Sedgley; Liz Alessio; Mary Luros; Beth Painter; Bernie Narvaez Cc: Katrina Gregory; Clerk
Subject: Subject: Agenda Item 14.A, City Council meeting of 12/20/22 Date: Sunday, December 18, 2022 8:21:50 PM
Dear Mayor Sedgley, Councilmembers Alessio, Luros, Painter, and Narvaez:
We have been notified that a discussion about reorienting the stage for the 2023 season of the Oxbow Riverstage concert series is on the agenda for the upcoming City Council meeting.
We would like to offer the following input on the pending decision.
Previously we have expressed our disappointment regarding the noise level impacts to the residents of Napa’s Alta Heights neighborhood.
Despite these concerns, it
appears that the Oxbow Riverstage concert series for 2023 has received Council approval.
However, it is disheartening to know that the City Council may allow the concert promoters to reorient the stage back to its original eastward facing location.
In a recent Napa Valley Register article, Katrina Gregory stated that “the shifting of the stage reduced the number of noise complaints the city received” in 2022. In 2021 many residents in affected neighborhoods expressed complaints concerning the level of sound impacting their lives. If, as Ms. Gregory has documented, the noise levels in 2022 upset fewer people than in 2021, why is the City even considering allowing the stage to be moved back to its eastward facing location? In the same Napa Valley Register article, Katrina Gregory conceded that, although there was a reduction in resident noise complaints when the stage faced westward, the City did receive more complaints about the impacts to businesses. Are we to conclude, then, that the City considers complaints from local businesses far more important than the impact the noise from the concerts has on local residents?
When the concerts first started much ado was made over the past experience the promoter had in hosting outdoor concerts and how their state-of-the-art equipment could control sound levels.
After two years it is apparent this is not happening. We would like to know what, if any, penalties exist in the City’s contract with the promoters of Oxbow Riverstage for exceeding allowable noise levels. According to the Performance Objectives of the License Agreement, no more than one event per series may exceed the noise standards in the contract. Despite this, as reported by the Napa Valley Register, “City sound data indicates that six of 11 concerts exceeded Napa sound level requirements at a monitoring station at Pearl and West streets” for the 2022 season.
Was the concert promoter penalized in any way for these contract violations? If so, it obviously wasn’t effective. What assurances does the City have that the promoter won’t continue to exceed noise limits with apparent impunity in the future?
As always, thank you for including this input in your decision(s) about the Oxbow [EXTERNAL]
Riverstage concerts.
Sincerely,
Christopher and Beth Daulton
cc: Katrina Gregory, Recreation Manager
City Clerk
rI
From: FS
To: Clerk
Cc: Pam McClure
scarliniaioxbowventures.com; [email protected]
Subject: Agenda Item "14.A."
Date: Sunday, December 18, 2022 3:11:26 PM
Attachments: TOO LOUD Noise Level Mao.pdf
oxbow riverstaae security fencing at Oxbow.pdf
oxbow riverstaae fencing triDpjnci and siiDDina.pdf
oxbow riverstage fencing returning use vs. blocking off.pdf Importance: High
1; Katrina Gregory; ken@blu?notenaDa.com;
I[EXTERNAL]
Best of the Holiday to All & Happy New Year 2023,
Re: Agenda Item 14.A. Oxbow Riverstage Staff Report - CITY OF NAPA - File #: 454-2022 (leeJstar.com)
We understand the following:
Stage location will be same as was during 2022, i.e. West Facing - Please Confirm in "reply all' e-mail
Consideration and refinement of servicing area about the stage area and surrounds on off-concert days wilt include removal of fencing that blocks line of site from Oxbow businesses, including but not limited to Oxbow Market and Feast it Forward per the attached photos.
NOTE: sound readings found in the link above reflect average readings.
Since hearing damage occurs above defined dB levels, nervous disruption another, and general intrusion of a household's peacefulness occurring at another, find HERE a sound proofing guide reflecting varying dB noise levels for review.
o Comparing THIS WebMD sourced chart reflect dB levels for concerts recorded at 120-129 dB to the average levels reported in the City's Staff Report above being predominantly below 86dB, the City's averages reported are at best misleading and likely contrived. Research places a noisy restaurant at 80-89 dB. This report suggests the noise level during the concert averaged 83.13dB at the VENUE/Wine Train leading one to question the Low / High noise levels recorded and total duration of the noise during a concert and similar time of day on days free of performances. Having taken readings during concerts at similar locations as those listed in the City's report with the device attached above, readings frequently exceeded 100dB during concert performances and only during a few times during non-concert evening hours 6-10 p.m. when an inappropriately muffled vehicle passed nearby the location where the sound reading was recorded. o RECOMMEND: document the High and Low dB ratings recorded during concert times and non-concert times over the same time period as indicated in the above report, i.e. 6-10 p.m. and extend the report to I'
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Dear Honorable Mayor, Council and Staff,
This is Bcc’d in the interest of complying with the Brown Act.
Darcy and I are writing because once again we feel our quality of life and that of our neighborhood is being threatened with the Oxbow River Stage concerts.
I should point out that I am currently the Chair of Napa Valley Presents, a nonprofit with a sizable endowment that is dedicated to supporting the performing arts here in the City of Napa and County. And as you know I am an artist specializing in large-scale site-specific art installations. I share this only to say I am 100% supportive of the arts in our community, supportive of small businesses (and large) in Napa and have been a passionate contributor of our renaissance for many years.
However, any cultural or commercial endeavor that becomes a public nuisance, invasive into people’s homes, noise that makes it impossible to sit on your deck or in your living room for numerous weeks in a row, is unfair and inconsiderate. An occasional concert or a weekend is one thing, but three months, every weekend during the nicest time of year?
On our street alone millions of dollars have been invested into our homes in the past several years. Walk the neighborhood of Alta Heights and you will see hundreds of homes, where it is obvious there is a pride of ownership. People love their homes, love being in their homes here in Napa, and I believe we all deserve to live in peace. When did it happen that businesses and tourists trumped the quality of life for residents? I am in full support of honoring our contractual agreement with Blue Note for one more year and hope that the following year we can find a different way to activate the Oxbow Commons if that is some sort of prime objective for the city. If Blue Note wants a concert series in the downtown area there is a stage, lights, bathrooms, and parking a few blocks away at the fairgrounds. There is no need for all of us to get twisted into a pretzel to make this work, it simply doesn’t.
It’s my understanding that Council is bringing back the issue of the direction of the stage. I understand that the west facing direction of the stage solved some problems (noise up into Alta Heights) but then created new ones, the stacked and stored equipment between concerts and damage to the lawn. It’s ugly, I get it. It’s ugly no matter where you put it. But again, why does the neighborhood have to pay the price of this public nuisance? The sound floats across the river, across the meadow of the Oxbow Preserve and literally into our living rooms. Either way, this should be a “tell” that it’s just not the right location for the concert series. It’s simply too much, too often and too loud for the venue.
I know you are in a tough spot and no matter your decision(s) people will be unhappy. I am suggesting maybe this is one of those situations that says: The people that live here, work here, eat and drink, raise their families here get first consideration and as a council you would do whatever you can to protect our quality of life.
Gordon and Darcy Huether
From:
Thomas Bensel
To:
Clerk
Subject:
12.20.22 council agenda item 14.A.
Date:
Monday, December 19, 2022 3:53:28 PM
Attachments:
image001.png
12-20-22 Napa Council meeting agenda item 14.A_.pdf
Please see attached letter for tomorrow’s council meeting.
Thank you.
Tom
Thomas Bensel ‘76
Managing Director, CIA California Campus
The Culinary Institute of America
at Greystone
2555 Main Street,
St. Helena, CA 94574
At Copia
500 First Street,
Napa, CA 94559
O 707.967.2310
[EXTERNAL]
CIA at Copia
500 First St
Napa, CA 94559 December 19, 2022
Re: 12/20 Council meeting agenda item “14.A.”
Dear Napa City Council Members,
I am writing on behalf of The Culinary Institute of America supporting the request by fellow Oxbow District businesses requesting the relocation of the Oxbow River Stage to the west side of McKinstry St for the 2023 season.
We want to be supportive of the other businesses in the district and fully respect their opinions and needs. We stand with them.
Please do not take this letter as the CIA supporting the actual concert series. We do not.
To that end, and I realize this is not part of the agenda, we would like to get our opinion on the record, early. The negative impacts that the concerts have on our business; • Noise - it limits any outdoor business we can hold and we have lost business, weddings, events because of it).
• Traffic – the district, and Copia, are a destination. There are no controls in place that would direct concert goers to parking that was supposedly set up prior to the permit for the series being issued. Streets are closed and our local clientele prefer to just “stay away” rather than subject themselves to the traffic mess.
• Parking - the Copia lot and the “South Lot” are overwhelmed by concert patrons and we do not see any economic benefit from it. In many cases we see a negative economic impact because our patrons are unable to find a space to park and visit our location.
We believe the negative impacts are the same whether it is located east or west of McKinstry.
Additionally, based on the most recent meetings of the Oxbow Stakeholders organized by City staff it is apparent that the other district businesses are negatively impacted and to varying degrees wish 2023 to be the last year that the Commons is taken over for the summer.
Further to the above I am pasting the comments recently sent to city staff after a report of “economic impact” was shared with us. Please see below the signature in Italics.
Thank you for your consideration and time.
Thomas Bensel ‘76
Managing Director, CIA California Campus
The Culinary Institute of America
at Greystone
2555 Main Street, St. Helena, CA 94574
At Copia
500 First Street,
Napa, CA 94559
O 707.967.2310
I'd have to disagree with the assumption that the concert series is as impactful as you are saying related to economic impact. These events take place mostly on weekends in the highest traffic/hotel overnight stay calendar of the year.
For the most part folks coming to the concerts are replacing those that would otherwise be securing rooms and eating/drinking/shopping in the businesses of downtown Napa and the Oxbow District. I would go so far as to say those attending concerts might actually be spending less time doing those things and therefore spending less money, most especially in the Oxbow District that is the most impacted by the events/concerts.
To truly see what the impact is from a rooms standpoint, you would need to pull previous years reports, from years prior to the concerts being held, and see what additional occupancy rates show up beyond the seasonal averages for downtown hotels. I understand that additional rooms booked would not be 100% of those booking rooms but to me that is the only way someone could prove incremental increases above normal seasonal traffic. Otherwise, you are making a general assumption without any significant data to back it up.
I think you also need to take into account the negative impact of the series on Oxbow businesses. I would suggest that be a consideration as well.
-How does the lack of parking and traffic impact both visitors and locals (who truly drive the Oxbow businesses) from coming to the district when there are concerts? (The "parking plan" that has been submitted to offset any negative impact is a joke and in no way is being adhered to.) -Is there a dip in sales of district businesses historically on days when there is a concert vs days when there is not (Saturday with no concert vs Saturday with)? I realize downtown businesses might not suffer but I'm quite certain that Oxbow District businesses do. And would those downtown businesses see a decrease in average weekend sales if there was no concert? -In my opinion the Oxbow District is bearing the brunt of the negative impacts of these events and I do not see any reference to that even being a possibility in the report. It seems to either have been ignored or glossed over.
From:
To: Clerk
Subject: Oxbow Stage
Date: Monday, December 19, 2022 5:57:06 PM
[EXTERNAL]
Mayor Sedgley and Council members,
As a supporter and lover of The Oxbow, I have watched the up and down pendulum swings of its success since we convinced Robert Mondavi, along with many others, to locate Copia in the heart of The Oxbow. As we all know, The Oxbow is on the positive side of that pendulum yet it hasn’t always been that way. Copia closed and went through bankruptcy; Oxbow Market struggled; and we were faced with what some called a white elephant in the Copia building. We were then blessed with the Culinary Institute’s purchase and revitalization of Copia, the resurgence of the Market, increased occupancy at the Westin and River Terrace Inn, the fabulous success of Feast it Forward, and others.
Yet, these are fragile things. Pendulums do, indeed, swing the other way.
While these various businesses and owners are in competition with one another to some degree, their success also depends on working together synergistically. My impression is that they are clearly united in one thing at the moment: they all want the Oxbow River stage moved to its 2021 alignment such that it faces east. They fully understand the very real issues related to sound complaints from residents on the east side. My understanding is that the music promoters have the ability to attenuate those sound levels and need to be told, in no uncertain terms, that they need to do so as part of their 2023 contract.
I echo the concerns outlined in Steve and Gabe Carlin’s December 9th letter to you. They have articulated the issues in a thoughtful and comprehensive manner.
Let’s make sure that we don’t inadvertently kill the proverbial golden goose by ignoring these businesses’ very real concerns.
Thank you for your consideration.
Chuck Shinnamon
Charles W. Shinnamon, P.E.
“If you don’t like the news, go out and make some of your own.” (Wes “Scoop” Nisker)
From:
To: Clerk
Cc: Mary Luros; Katrina Gregory
Subject: Oxbow River Stage, Agenda 14A, 11/20/22
Date: Monday, December 19, 2022 11:23:18 PM
Attachments: Section 15303 - New Construction or Conversion of Small Structures.pdf [EXTERNAL]
Dear Ms. Carranza:
Staff has requested direction on maintaining the Oxbow River Stage as west-facing or relocating it to its 2021 configuration so that it faces east toward the residential areas east of Oxbow Commons.
I oppose any relocation of the stage to face east.
As a resident of lower Alta Heights, I experienced excessive noise during the first seasons of the Stage and submitted complaints.
My own measurements indicated the 65 db threshold had
been exceeded at my home.
The November 15 minutes indicate that at that session, the Council approved the 2023 season with that stage facing west.
Beyond the drawings, there are no new staff reports or findings that support (or even discuss) relocating the stage to its 2021 location, even though this amounts to a significant change in the operations.
The staff report attached to this agenda item is the same as that prepared for the November 15, 2022 meeting.
I dispute the proposed finding that the project if relocated, is categorically exempt from CEQA review as a “small structure.”
Section 15061(b) provides:
"A project is exempt from CEQA if:
. . . (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300 )and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.”
Section 15303 lists structures qualifying as "small structures" to include single-family homes and small commercial buildings. I am attaching the full text of section 15303. Nothing about the River Stage resembles a “small structure” contemplated by the section.
Moreover, the exemption is subject to the exceptions found in section 15300.2 (b) and (c) for cumulative impact and unusual circumstances. The impact of the entire concert series, as opposed to single concerts, must be considered.
Accepting the staff figures, the River Stage attracts 3,500 to 4,000
people per event. No meaningful public transportation serves the project, meaning there are an associated number of cars coming to the area. A special parking area north of the Juarez - First Street intersection and on the old Valerga’s property has been established.
This means the project footprint is much larger than simply the stage and its immediate seating environs. These additional cars generate congestion, greenhouse gases, and noise. Nothing in the staff report indicates that this impact was considered in determining the project was a “small structure."
Finally, the City is required to proceed in the manner prescribed by law. I don’t see that the City has complied with section 15300.4 "Each public agency shall, in the course of establishing its own procedures, list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and the intent expressed in the classes. ” Cal. Code Regs. tit. 14 § 15300.4.
Nothing in the staff report suggests this has been done or identifies into which “activity” the River Stage is supposed to fall. A project that draws 3,500 to 4,000 people would not be consistent with the “letter and intent” of section 15303. By requiring public agencies to list “specific activities” in its procedures, Section 15300.4 indicates that the “small structures” exemption is not to be applied “ad hoc” as it appears to be here.
The City’s apparent failure to comply with the letter and sprint of the CEQA as to this project could expose the City to legal challenges by residents or others whose quiet enjoyment of their property is affected by the River Stage concerts. I don’t see that staff has proposed a formal notice of exemption under section 15062. If none is prepared, then any challenging party would have 180 days to commence litigation.
~Chuck Dell’Ario
Alan Charles Dell’Ario
2019 California Lawyer Attorney of the Year
Certified Specialist, Appellate Law
State Bar of California Board of Legal Specialization
PO Box 359
Napa, California 94559
Cal. Code Regs. tit. 14 § 15303
Section 15303 - New Construction or Conversion of Small Structures (a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption.
(b) A duplex or similar multi-family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. (c) A store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. (d) Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(f) An accessory steam sterilization unit for the treatment of medical waste at a facility occupied by a medical waste generator, provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
Cal. Code Regs. Tit. 14, § 15303
Note Authority cited Section 21083, Public Resources Code. Reference Section 21084, Public Resources Code.
1. New subsection (f) and amendment of Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Amendment filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to:
1 From:
Darcy Tunt
To:
Katrina Gregory
;
Clerk
Subject:
Re: Oxbow Riverstage - City Council Agenda Item 14A Notification for Dec 20th Meeting Date:
Tuesday, December 20, 2022 11:34:18 AM
December 20, 2022
Dear Katrina, City staff, and Council,
We live at 1041 Mckenzie Drive and the Oxbow concert series has a significant impact on our quality of life, due to the noise level of the numerous concerts during the summer/fall months.
We are very concerned and dismayed about the possibility of the stage being reoriented to face the east – toward us and our many neighboring communities that have already spoken out voraciously against these concerts. And I am concerned and confused by this process. Staff has already negotiated the contract with STR Entertainment and Council has already made its motion and decision on the westward facing orientation. How is it that this is now coming up for consideration? And since such a change would require an amendment to the City’s agreement with STR, perhaps City and Council should consider amending other terms of the agreement? If you’re going to open the “can of worms,” so to speak, why not renegotiate ALL the terms that relate to relevant feedback that has come up about the Oxbow Riverstage concerts? For example, if you’re considering reorienting the stage, then perhaps to help mitigate the noise and nuisance, you would amend the agreement to fewer concerts? Or not on back to back weekend, so impacted residents can still enjoy their homes, BBQs and parties outside without the overbearing noise of the concerts?
It is my understanding that a condition of Council’s approval of the 2023 City agreement with STR Entertainment was that staff and Council would revisit the agreement should any “relevant” information come up. Stakeholders of Napa have spoken. Businesses are dismayed by the blight of the chairs and equipment; some businesses, like Copia, are negatively impacted financially; residents and visitors can’t use the desirable space, supposedly a public amenity, for many months during the peak season. And if the stage is reoriented, the quality of life for the residents of many neighborhoods will be detrimentally impacted. It seems to me that all of these issues are “relevant’” and need to be taken into consideration. Why only focus on the orientation?
We fully support the arts and entertainment in Napa, for its residents and visitors alike.
And the Oxbow Commons is
a wonderful venue for all kinds of activities and should be activated as much as possible. Ideally, with more revenue to the city! I realize these are not easy decisions.
But this concert series is just wrong for this venue.
You’ve heard from many stakeholders now – on all sides. No matter what decision is made, this is going to be upsetting and negatively impactful for MANY. This should provide solid testimony that the venue is not right for this Concert series. If we were talking about one concert, it would not be an issue. But we’re talking about several months, back to back weekends, during Napa Valley’s peak season.
I respectfully and strongly urge you to uphold your decision to keep the orientation of the stage facing west for the 2023 series. But if you do agree to amend the agreement, then I would ask that you consider amending other terms such as the amount or frequency of the concerts, to give residents a break from the nuisance. And, more importantly, I hope that 2023 will be the last year that residents and the Oxbow Commons are taken hostage by this concert series! Please do not allow this to be approved for future years.
Thank you for your consideration.
[EXTERNAL]
Darcy Tunt-Huether
Napa, CA 94559
[email protected]
Darcy Huether
Director
Gordon Huether Studio
1821 Monticello Road |
Napa, CA 94558
t: 707 255 5954 | c: 707 815 1645
[email protected]
www.gordonhuether.com
art matters
From: Katrina Gregory <[email protected]>
Date: Friday, December 16, 2022 at 12:02 PM
To: Katrina Gregory <[email protected]>
Subject: Oxbow Riverstage - City Council Agenda Item 14A Notification for Dec 20th Meeting Good afternoon,
You are receiving this email because you have expressed interest in the Oxbow Riverstage at Oxbow Commons. A discussion about reorienting the stage for the 2023 Season will be on the City Council agenda for next Tuesday evening.
Below is a link to the Oxbow Riverstage staff report that will be presented at City Council next Tuesday evening (December 20, 2022) at 6:30 pm.
12/20/2022 City Council Meeting Agenda – CITY OF NAPA - Meeting of CITY COUNCIL OF THE CITY OF NAPA on 12/20/2022 at 3:30 PM (legistar.com)
14.A. Oxbow Riverstage Staff Report - CITY OF NAPA - File #: 454-2022 (legistar.com)
Members of the public may participate in the City Council meeting by attending the meeting in- person at the City Hall Council Chambers located at 955 School Street, Napa, CA 94559.
You are
welcome to provide public comment on agenda item 14.A. in person or by written comments.
Supplemental written comments may be submitted to the City Clerk via email at [email protected]
, via mail to ATTN: City Clerk, 955 School Street, Napa, CA 94559, via fax at
(707) 257-9534, or dropped off in person at the City Clerk’s Office located at City Hall. If you are commenting on the Oxbow Riverstage agenda item, please identify the agenda item “14.A.” on your written comment.
If you want to discuss further or have any questions, please feel free to contact me.
Thanks,
Katrina Gregory
Recreation & Public Art Manager
Parks and Recreation Services, City of Napa
1500 Jefferson Street, Napa, CA 94559
Phone
(707) 257-9958
Email [email protected]
From:
Tiffany Carranza
To:
Clerk
Subject:
Fw: Item 14A
Date:
Tuesday, December 20, 2022 3:06:46 PM
From:
Rhea Zimmerman <[email protected]>
Sent:
Tuesday, December 20, 2022 2:50 PM
To:
Tiffany Carranza <[email protected]>
Subject:
Item 14A
Hello Tiffany,
I am writing to submit my view for the city council's consideration of location for the Oxbow River Stage.
As a Napa resident, I enjoy a wonderful walk from the Pine St. area through Oxbow, to the gardens/river access area, and then on through the commons to the downtown river walk.
What a wonderful public resource.
When the river stage came along, it blocked access to this public resource.
I felt that a
wonderful common area was privatized, preventing the community from enjoying such a peaceful green space in our downtown.
Even as it was taken down, it created a lasting impact with the lawn out of commission
for
months.
I would like to voice my support in having the location moved back to the cement area for next season.
Thank you for your consideration.
Warmly,
Rhea Komarek
--
Dr. Rhea Zimmerman Komarek, D.C., RSME
(she/hers)
Applied Polyvagal Theory Somatic Movement Education &
Doctor of Chiropractic,
http://www.blossomlife.com
How are you moving with life today?
[EXTERNAL]
From:
Tiffany Carranza
To:
Clerk
Subject:
Fw: Oxbow River Stage
Date:
Tuesday, December 20, 2022 3:23:28 PM
Attachments:
image002.png
image003.png
From:
Sara Southam <[email protected]>
Sent:
Tuesday, December 20, 2022 3:21 PM
To:
Sara Southam <[email protected]>; Tiffany Carranza <[email protected]> Subject:
Oxbow River Stage
Dear City Council Members,
First off, I’d like to thank you for putting stage relocation on tonight’s agenda.
It took quick
work on the part of many people to make that a possibility.
I plan to speak in person in
support of moving the stage back to its original west side location.
Reasoning for the preferred west side location includes:
Road closure frequency impacts the guest experience & pedestrian guests become confused on set-up days as they navigate their way to Oxbow Market.
Guests facing south complain about the view when the stage is located on the east side.
The experience of the black cyclone fence blocks the river view and experience of nature for guests, employees, and neighbors.
People driving have difficulty navigating the area when McKinstry is closed, and cars frequently turn around in front of the hotel-creating a bottle neck.
We noticed a large frequency of trash due to the cyclone fencing and more specifically the zip ties.
We even had our team pick up trash behind the hotel and the stage area each Wednesday to improve guest experience. We painted over graffiti on the back side of the flood wall on several occasions.
When the stage is on the east side it is difficult to secure wedding business.
The stage on the east side takes the land away from the community who joyfully use that space for picnics and public enjoyment adding to the character of the Oxbow.
Our second ask of you is continued sound monitoring to ensure sound levels are acceptable to both neighbors and businesses alike.
Both asks are in hopes of preserving the charm of the Oxbow Commons which has become an iconic gathering place for visitors and residents.
Best,
Sara Southam
[EXTERNAL]
Sara Southam
Property & Homeowner Relations Manager, Run Concierge
THE WESTIN VERASA NAPA
1314 McKinstry Street
Napa, CA 94559
USA
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C +1 775.813.1256
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