SUPPLEMENTAL REPORTS & COMMUNICATIONS
Office of the City Clerk
City Council of the City of Napa
Regular Meeting
October 17, 2023
FOR THE CITY COUNCIL OF THE CITY OF NAPA
AFTERNOON SESSION:
SUBMITTED PRIOR TO THE CITY COUNCIL MEETING
6. ADMINISTRATIVE REPORTS:
6.B. Mission Statement and Core Values
• PowerPoint Presentation from Staff.
6.C. 3875 Jefferson Street Housing Project Update
• PowerPoint Presentation from Staff.
7. CONSENT HEARINGS:
7.A. City Manager’s Office Staffing Plan Update
• Memo from Staff received October 13, 2023.
8. PUBLIC HEARINGS:
8.A. Acquisition of Real Property Needed for the Trower Avenue Widening Project • PowerPoint Presentation from Staff.
8.B. Acquisition of Real Property Needed for the Big Ranch Road Widening Project • PowerPoint Presentation from Staff.
1) Request to be heard from Mayen Shueh received on October 11, 2023. 2) Request to be heard from Joshua Winston received on October 12, 2023. 3) Request to be heard from Bradley J. Jameson, Attorney at Law, on behalf of Mayen Shueh received on October 13, 2023.
4) Email from Todd Morse received October 16, 2023.
SUBMITTED DURING THE CITY COUNCIL MEETING
8.B. Acquisition of Real Property Needed for the Big Ranch Road Widening Project 1) Document from Mayen Shueh submitted on October 17, 2023.
SUPPLEMENTAL REPORTS & COMMUNICATIONS
Office of the City Clerk
City Council of the City of Napa
Regular Meeting
October 17, 2023
FOR THE CITY COUNCIL OF THE CITY OF NAPA
AFTERNOON SESSION:
SUBMITTED PRIOR TO THE CITY COUNCIL MEETING
6. ADMINISTRATIVE REPORTS:
6.B. Mission Statement and Core Values
• PowerPoint Presentation from Staff.
6.C. 3875 Jefferson Street Housing Project Update
• PowerPoint Presentation from Staff.
7. CONSENT HEARINGS:
7.A. City Manager’s Office Staffing Plan Update
• Memo from Staff received October 13, 2023.
8. PUBLIC HEARINGS:
8.A. Acquisition of Real Property Needed for the Trower Avenue Widening Project • PowerPoint Presentation from Staff.
8.B. Acquisition of Real Property Needed for the Big Ranch Road Widening Project • PowerPoint Presentation from Staff.
1) Request to be heard from Mayen Shueh received on October 11, 2023. 2) Request to be heard from Joshua Winston received on October 12, 2023. 3) Request to be heard from Bradley J. Jameson, Attorney at Law, on behalf of Mayen Shueh received on October 13, 2023.
4) Email from Todd Morse received October 16, 2023.
Mission &
Core Values
Update
City Council
October 17, 2023
City Council Regular Meeting
10/17/2023
Supplemental - Item 6.B.
From: City Staff
DEPARTMENT/ROLE NAME
City Attorney’s Office Sabrina Wolfson
City Clerk’s Office Samantha Pasco
City Manager’s Office Jaina French
City Manager’s Office Deborah Elliott
City Manager’s - Housing Chardonai Rose
Community Development Angela Alvarez-Cendejas
Finance Seth Anderson
Fire Jim Cortese
Human Resources Ashley Titus
Parks & Recreation Ali Koenig
Parks & Recreation Dave Youdell
Police Layne Buckles
Police Chase Haag
Police Garrett Smith
Public Works Jay Gelardi
Public Works Hank Hardister
Public Works Mike Arens
Utilities Erin Kebbas
Program Manager MJ Tueros
Program Manager Heather Maloney
Executive Team Advisor Heather Ruiz
Executive Team Advisor Liz Habkirk
The Collaborators
FY24 Focus Items:
Mission and Core
Values
City-wide Training and
Professional Develop
Program RFP
Develop Future
Program
Recommendations
Mission and Core Values
Focus Team:
Chardonai Rose
David Youdell
Erin Kebbas
Heather Maloney
Jay Gelardi
Jessie Gooch
Jaina French
Kelly Bullock
Layne Buckles
Malia Legros
MJ Tueros
Seth Anderson
Mission and
Core Values
Team
2023 The
Collaborators
2019 Mission
Team
Members
2019 Core
Values Team
Members
The Why
Communicates
purpose of the
organization
Guides
organizational
culture
Informs strategy
development
Describes our
identity as an
employer
Timeline
7/31
All Employee Email
Survey
Aug
City Council Presentation
End of Summer BBQ
Evaluate Survey Results
October
Exec Team
All Employee Email
City Council Policy Resolution
Winter 2023
Celebrate!
Continuous
Implementation
All Staff Survey Results
MISSION STATEMENT
How aligned are you with the below draft of the new Mission Statement that was created in 2019? “Rooted in public service, our mission is to grow a vibrant, sustainable community for all who live in, work in, and visit the City of Napa. We will achieve this through thoughtful leadership and dedication to excellence.”
CORE VALUES: Integrity
On a scale of 1-5 stars, with 1 being the lowest score and 5 being the highest, rank how important the value of INTEGRITY is for a healthy, thriving City of Napa culture?
Integrity - Consistently demonstrating the highest level of ethical conduct with accountability and pride.
CORE VALUES: Service
On a scale of 1-5 stars, with 1 being the lowest score and 5 being the highest, rank how important the value of SERVICE is for a healthy, thriving City of Napa culture?
Service - Engaging in meaningful work to care for our community through resourceful dedication and humble actions.
CORE VALUES: Inclusion
On a scale of 1-5 stars, with 1 being the lowest score and 5 being the highest, rank how important the value of INCLUSION is for a healthy, thriving City of Napa culture?
Inclusion - Creating a sense of ease and belonging through respect, acceptance, and mindfulness of our collective diversity.
CORE VALUES: Collaboration
On a scale of 1-5 stars, with 1 being the lowest score and 5 being the highest, rank how important the value of COLLABORATION is for a healthy, thriving City of Napa culture?
Collaboration - Working together with a shared purpose while respectfully considering all voices to achieve common goals, solutions, and greater outcomes.
MISSION
CORE VALUES
Integrity
Consistently demonstrating the highest level of
ethical conduct with accountability and pride.
Service
Engaging in meaningful work to care for our
community through resourceful dedication and
humble actions.
Inclusion
Creating a sense of ease and belonging through
respect, acceptance, and mindfulness of our
collective diversity.
Collaboration
Working together with a shared purpose while
respectfully considering all voices to achieve
common goals, solutions, and greater outcomes.
Future Considerations
Tag line &
graphics
Update
Signage Job Postings
Employee
Onboarding
Performance
Evals
Employee
Badges
Business
Cards
Email
Signature
Vehicles
stickers
Next Steps
Policy Resolution Celebration Implementation
Recommended Action
Approve a resolution establishing a Mission
Statement and Core Values for the City of Napa
3875
Jefferson
Street
–
Future
Housing
Project
October 17, 2023
City Council Regular Meeting
10/17/2023
Supplemental - Item 6.C.
From: City Staff
Project Timeline
City acquired property in March 2023
Demolition of existing structures to commence by November 2023
Issue Request for Proposal for housing development in winter 2023/24
Declare parcel as exempt under Surplus Lands Act
Transfer property to developer
Property Details
Approximately 2.75 acres
Zoned RS 5 single
family residential
Sized for 24 units
Infill lot adjacent to single family
residential developments
Surplus Lands Act Exemption
To be declared “exempt surplus land” by City Council prior to transfer
Section 54221(f)(1)(F)
Open, competitive bid for developers
All units required to be restricted for incomes up to 120% AMI for minimum 45 years
At least 75% of the units restricted for incomes up to 80% AMI
Dev Goetschius, Executive Director
City-HLT Partnership to House our Workforce
City-HLT- Developer Partnerships
City
Housing
Land
Trust
Developer
The price of the home is tied to income so it remains
affordable in perpetuity.
The land is a community asset with homes on it set
aside for the workforce.
HOUSING OUR WORKFORCE - IT IS ALL ABOUT THE PAYCHECK
1x Community Investment serves to keep the Home as affordable to subsequent buyers as it was to the 1st Buyer - for example a house built in 2005 in Santa Rosa has now served the 5th buyer A Proven Working Model
1x
Investment
Who Do We Serve?
Qualifying Information Compiled by
Lender and HLT:
Date of Application
Name of Applicants
AMI %
Number of people in household
FICO Score
Annual Income
Qualifying ratios: % of housing costs to income & % of debt to income (ideally max 35%/43%)
Purchase price
Down payment
Employer
1st Time homebuyer: Yes/No
Land Trust leases
land to Family
Developer sells
house to the
Family
• Family enters into a 99-year renewable
ground lease
• Has exclusive rights to the property, like
ownership
• Agrees to sell to same income level to keep
the home affordable in perpetuity
HOW DOES IT WORK?
Family owns the home and has a 30-
year fixed mortgage
City deeds land for
housing to Land
Trust
Land Trust holds land in trust as
community benefit
How Do We Keep the Home Affordable for Subsequent Buyers? • The price of the home is tied to the pay check, not the market.
The index tied to resale is the Area Median Income (AMI) • In order to keep the homes affordable to future buyers, homeowners agree to sell their home for a limited price when they decide to move
• The maximum price is calculated based on what was paid plus an annual increase based on the change in the area median income
Calculating the Resale Price
(Example)
• Initial Median Income in 2012 for Family of 4 at 100% AMI:
$86,100
7 years later in 2019:
• Median Income in 2019 for Family of 4 at 100% AMI:
$100,400
• Change in Incomes from 2012 to 2019 = 16.61%
(AMI chart comes out annually - could be more, could be less for future changes)
Source: HCD Napa County AMI Charts
2/1/2012 & 5/6/2019
Calculating the Resale Price
(Example)
Initial Purchase Price: $350,000
If:
Change in Median Income = 16.61%
Then:
Maximum Sales Price = $408,135.00
Total Appreciation from AMI = $58,135.00
Total equity = Appreciation + Debt Reduction +
Down payment
Is There Wealth Building in HLT Homes?
Equity = appreciation based on area median income + amount of principal paid off
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
0 5 10 15 20
EQUITY
YEARS IN HOME
RESALES EQUITY
• HLT has completed 32 resales
since its inception
• Our homeowners have on
average sold their homes for
$50,000 more than they
bought it for
• Upon selling their home, our
homeowners have walked
away with an average of
$100,000 in total equity,
which is often used towards
the purchase of a market
rate home.
STEWARDSHIP MATTERS
What Are We Accomplishing?
• Making homeownership a reality for the workforce in our community
• Strengthening the fabric of our community by providing our workforce a secure place to live
• Investing in a permanent subsidy that will help generation after generation by partnering with a non-profit in HLT to steward the land that is a finite resource
• Eliminating the need for government & private subsidies in future years by tying the subsidy to the unit not the family • Delivering stewardship to families to ensure successful homeownership
• Creating community wealth in perpetuity by preserving land that will benefit the community forever
www.housinglandtrust.org
[email protected]
707-766-8875
Recommended Action
• Provide staff with direction on whether to pursue
the land trust model for development of
affordable housing on the site by including a
requirement in the Request for Proposal that the
housing developer partner with a land trust
steward.
Questions
MEMO
TO: Honorable Mayor and Members of City Council
FROM: Heather Ruiz, Human Resources Director
PREPARED BY: Caitlin Saldanha, Management Analyst II
DATE: October 13, 2023
SUBJECT: Item 7.A. City Manager’s Office Staffing Plan Update (Amending Napa Municipal Code Section 2.08.090 regarding the designation of appointive officers in the City Manager’s Office) on October 17, 2023 City Council Meeting
For
Agenda Item 7.A, “City Manager’s Office Staffing Plan Update (Amending Napa Municipal Code Section 2.08.090 regarding the designation of appointive officers in the City Manager’s Office),” the staff recommendation is amended to correct the typographical error in the recommended ordinance, as described below.
The or
dinance that was published as Attachment 1 to Item 7.A includes a reference in the second recital to an incorrect position title for “Community Relations and Media Manger.” That reference will be corrected to the intended position title for “Community Relations and Media Manager.” A
ttached are redlined and clean versions of the Ordinance to show the corrections made to the the typographical error.
A
TCH 1 – Redlined Version of Ordinance
ATCH 2 – Clean Version of Ordinance
City Council Meeting
10/17/2023
Item 7.A. Supplemental Memo
From: City Staff
ATTACHMENT 1
O2023-__ Page 1 of 3 October 17, 2023
ORDINANCE O2023-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFO RNIA, AMENDING NAPA
MUNICIPAL CODE SECTION 2.08.090 REGARDING THE
DESIGNATION OF APPOINTIVE OFFICERS IN THE CITY
MANAGER’S OFFICE
WHEREAS, City Charter Section 75 authorizes the City Council to designate, by ordinance, “appointive officers” that may be appointed without following the civil service requirements of City Charter Section 76.1; and
WHEREAS, Napa Municipal Code Sectio n 2.08.090 currently identifies five “appointive officer” positions in the City M anager’s Office, which are: Assistant City Manager, Deputy City Manager, Risk Manager, Community Relations and Media Manger Manager, and Management Analyst I/II; and
WHEREAS, as a part of the City of Napa Budget, Fiscal Year 2023-2024, the City Council approved an adjustment to staffing levels in the City Manager’s Office to add a Management Analyst I/II position to perf orm risk management duties for the City Manager’s Office; and
WHEREAS, there is a need to update the identification of “appointive officers” within the City Manager’s Office in order to address these changes; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public m eeting of the City Council i dentified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: Amendment. Napa Municipal C ode Section 2.08.090 is hereby amended by repealing the previous language of subsection 2.08.090(A), and adopting language to replace it, to r ead as set forth below. [NOTE: Subsections 2.08.090(B) through 2.08.090(E) are not modified by this amendment.] “2.08.090 Appointive officers.
A. Designation of Appointive Officers. The City Council hereby designates the following appointive officers pursuant to Section 75 of the Charter:
1. Assistant City Manager.
2. Deputy City Manager.
3. Risk Manager.
4. Community Relations and Media Manager.
5. Two Management Analysts I/II.”
ATTACHMENT 1
O2023-__ Page 2 of 3 October 17, 2023
SECTION 2:
Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council here by declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of th e fact that any one or more sections, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
ATTACHMENT 1
O2023-__ Page 3 of 3 October 17, 2023
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during th e public meeting of the City Council on the 17
th day of October, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the ____ day of ________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
ATTACHMENT 2
O2023-__ Page 1 of 3 October 17, 2023
ORDINANCE O2023-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, AMENDING NAPA
MUNICIPAL CODE SECTION 2.08.090 REGARDING THE
DESIGNATION OF APPOINTIVE OFFICERS IN THE CITY
MANAGER’S OFFICE
WHEREAS, City Charter Section 75 authorizes the City Council to designate, by ordinance, “appointive officers” that may be appointed without following the civil service requirements of City Charter Section 76.1; and
WHEREAS, Napa Municipal Code Section 2. 08.090 currently identifies five “appointive officer” positions in the City Manager’s Office, which are: Assistant C ity Manager, Deputy City Manager, Risk M anager, Community Relations and M edia Manager, and Management Analyst I/II; and
WHEREAS, as a part of the City of Napa Budget, Fiscal Year 2023-2024, the City Council approved an adjustment to staffing levels in the City Manager’s Office to add a Management Analyst I/II position to perform risk management duties for the City Manager’s Office; and
WHEREAS, there is a need to update the identification of “appointive officers” within the City Manager’s Office in order to address these changes; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: Amendment. Napa Municipal Code Section 2. 08.090 is hereby amended by repealing the previous language of subsection 2.08.090( A), and adopting language to replace it, to read as set forth below. [NOTE: Subsections 2.08.090(B) through 2.08.090(E) are not modified by this amendment.]
“2.08.090 Appointive officers.
A. Designation of Appointive Officers. The City Council hereby designates the following appointive officers pursuant to Section 75 of the Charter:
1. Assistant City Manager.
2. Deputy City Manager.
3. Risk Manager.
4. Community Relations and Media Manager.
5. Two Management Analysts I/II.”
ATTACHMENT 2
O2023-__ Page 2 of 3 October 17, 2023
SECTION 2: Severability. If any section, sub- section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this O rdinance, irrespective of the fact that any one or more sections, sub- sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
ATTACHMENT 2
O2023-__ Page 3 of 3 October 17, 2023
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 17
th day of October, 2023, and had its second reading and was adopted and passed during the public meeting of the City Council on the ____ day of ________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
PUBLIC HEARING
October 17, 2023
ACQUISITION OF REAL
PROPERTY NEEDED FOR THE
TROWER
AVENUE WIDENING
City Council Regular Meeting
10/17/2023
Supplemental - Item 8.A.
From: City Staff
Hearings of Necessity
• Findings Necessary for a Public Agency to Acquire Private Property:
a) The public interest and necessity for the project;
b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
c) The interests in the property sought to be acquired are necessary for the proposed Project;
d) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property, including making the Government Code offer.
Trower Ave Widening – Existing Conditions
Background
• Linda Vista Specific Plan Area 3 (LVPA-3) adopted 1987 • High Priority Improvement Payback Fee adopted 1989, last updated 2004
• 2040 General Plan:
• GOAL TE 2-2: Evaluate methods and undertake
transportation facility improvements to promote biking, walking, and safer street crossings. Establish a target date for buildout of currently planned active transportation network improvements.
Proposed Right-of-Way
• Acquisition line is set
by existing right of way
• Project will expand right
of way on the south
side of Trower Avenue
for approximately 300
feet to conform with the
sidewalk and roadway
to the east and west of
the project site.
Project Scope
2415 Trower Avenue (APN 007-172-023)
• Property Owner: Sabrina
Wolfson
• 1,650 sq ft fee simple interest
• 525 sq ft 12-month non-
exclusive temporary
construction easement
• GovCode Offer issued on March
24, 2023
2427 Trower Avenue (APN 007-172-020)
• Property Owner: Gabriel
Gundling
• 1,650 sq ft fee simple interest
• 800 sq ft 12-month non-
exclusive temporary
construction easement
• GovCode Offer issued on March
24, 2023
2433 Trower Avenue (APN 007-172-019)
• Property Owner: Gabriel
Gundling
• 1,413 sq ft fee simple interest
• 341 sq ft 12-month non-
exclusive temporary
construction easement
• GovCode Offer issued on March
24, 2023
2437 Trower Avenue (APN 007-172-018)
• Property Owner: Mary Ann
Marof, Trustee of the Mary Ann
Marof Living Trust 2006
• 1,635 sq ft fee simple interest
• 462 sq ft 12-month non-
exclusive temporary
construction easement
• GovCode Offer issued on March
24, 2023
Considerations
• Tonight’s hearing is to consider the four findings discussed earlier. • The issue of compensation to be paid to the owner is not part of the hearing on the Resolution of Necessity.
• Staff will continue to negotiate with each property owner on the compensation, and if unable to reach resolution, a jury will ultimately decide the issue of fair market value in any resulting eminent domain action.
• By adopting the Resolution of Necessity by 2/3 vote of the City Council (4 affirmative votes is the minimum), the City commits to acquiring the properties for the Project with the ability to file an eminent domain action should negotiations not result in a voluntary purchase.
Recommended Action
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2415 Trower Avenue (“Wolfson Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Wolfson Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2427 Trower Avenue (“Gundling Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Gundling Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2433 Trower Avenue (“Gundling Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Gundling Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2437 Trower Avenue (“Marof Property”) that are needed for the Trower Avenue Widening Project; to seek an order of possession for the Marof Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
PUBLIC HEARING
October 17, 2023
ACQUISITION OF REAL
PROPERTY NEEDED FOR THE
BIG RANCH ROAD WIDENING
City Council Regular Meeting
10/17/2023
Supplemental - Item 8.B.
From: City Staff
Hearings of Necessity
• Findings Necessary for a Public Agency to Acquire Private Property:
a) The public interest and necessity for the project;
b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
c) The interests in the property sought to be acquired are necessary for the proposed Project;
d) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property, including making the Government Code offer.
Big Ranch Rd Widening – Existing Conditions
Background
• Big Ranch Specific Plan adopted 1996
• Updated Big Ranch Area Development Impact Fee adopted 2008
• 2040 General Plan:
• GOAL TE 2-2: Evaluate methods and undertake
transportation facility improvements to promote biking, walking, and safer street crossings. Establish a target date for buildout of currently planned active transportation network improvements.
• GOAL LUCD-24: Promote development of the Big Ranch
Road area as a cohesive, vibrant neighborhood, integrated with the surrounding uses
Proposed Right-of-Way
• Acquisition line is set by
existing right of way
• Project will expand right of way
on the west side of Big Ranch
Road for approximately 575
feet to conform with the
sidewalk and roadway to the
north and south of the project
site.
Project Scope
2023 Big Ranch Road (APN 038-170-008)
• Property Owner: Todd J. Morse
• 4,704 sq ft permanent
easement
• 2,823 sq ft two-year non-
exclusive temporary
construction easement
• 240 sq ft two-year non-exclusive
utility temporary construction
easement
• GovCode Offer issued on
February 2, 2023.
2033 Big Ranch Road (APN 038-170-007)
• Property Owners: Michael
Imfeld & Mayen Shueh
• 2,203 sq ft permanent
easement
• 1,908 sq ft two-year non-
exclusive temporary
construction easement
• 575 sq ft two-year non-exclusive
utility temporary construction
easement
• GovCode Offer issued on March
21, 2023
2047 Big Ranch Road (APN 038-170-006)
• Property Owner: JIL
Development
• 2,203 sq ft permanent
easement
• 1,908 sq ft two-year non-
exclusive temporary
construction easement
• 970 sq ft two-year non-exclusive
utility temporary construction
easement
• GovCode Offer issued on July
6, 2023
Considerations
• Tonight’s hearing is to consider the four findings discussed earlier. • The issue of compensation to be paid to the owner is not part of the hearing on the Resolution of Necessity.
• Staff will continue to negotiate with each property owner on the compensation, and if unable to reach resolution, a jury will ultimately decide the issue of fair market value in any resulting eminent domain action.
• By adopting the Resolution of Necessity by 2/3 vote of the City Council (4 affirmative votes is the minimum), the City commits to acquiring the properties for the Project with the ability to file an eminent domain action should negotiations not result in a voluntary purchase.
Recommended Action
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2023 Big Ranch Road (“Morse Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the Morse Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2033 Big Ranch Road (“Imfeld-Shueh Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the Imfeld-Shueh Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
• Adopt a Resolution of Necessity to authorize commencement of litigation to acquire by eminent domain portions of the property located at 2047 Big Ranch Road (“JIL Property”) that are needed for the Big Ranch Widening Project; to seek an order of possession for the JIL Property (Code of Civil Procedure Section 1245.220); and to determine that the actions authorized by this resolution were adequately analyzed by a previous CEQA action.
CITY OF NAPA CITf CLERK
RECEIVED
OCT 112023
'HAND'DELIVERE&>
U.S. MAIL / OTHER
HAND DELIVERED
The City Clerk
955 School Street
Napa, Ca 94559
Re: 2033 Big Ranch Road
Notice of Intent of the City of Napa to adopt a resolution of Necessity and Hearing Madam:
I would like to appear and be heard at the City Council hearing on October 17,2023 mentioned in your Notice dated September 28, 2023.
Dated this 11th day of October 2023
LAA^^ ^v^^
Mayen Sftueh
Item
8.B.
Formal Letter of Intent to Speak at City Hearing
10-12-2023
cm OF NAPA ciry CLERK
RECEIVED
OCT 122023
y
HAND DELIVERED"
U.S. MAIL TOTHET
To Tiffany Carranza and any other relevant parties,
Please accept my format written request to reserve my right to speak, as well as my professional consultants involved with this project Big Ranch Road Widening, for the scheduled hearing dated October 17th, 2023, at 3:30pm. The Titled hearing per the letter received and dated 9/28/23 is "Resolution of Necessity to Acquire Property by Eminent Domain" and the relevant property is 2047 Big Ranch Road, Napa CA 94558. Parcel Number: 038-170-006.
Names I wish to be listed to reserve the right to speak at the public hearing stated above are:
1. Joshua Winston-JIL Development LLC
2. Brad Jameson-Myers, Jameson, & Myers LLP
3. Jeremy Sill-RSA Civil Engineering
4. Stefan Jezycki-Engel & Volkers
Furthermore, please see attached on a separate page my formal objection letter to the hearing. The letter was provided by Brad Jameson, my legal representative, on my behalf. I would like this provided to the city council prior to the start of the hearing to ensure they have sufficient time to rad the objection. We will follow up with comments as needed.
Thank you.
Sincerely,
Joshua Winston
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MYERS, JAMESON & MYERS
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A T T 0 R N [ V. A 1 LA W
October 11, 2023
Tiffany Carranzo, Napa City Clerk
CITY OF NAPA
955 School Street
Napa, CA 94559
Re: Notice of Intention to Adopt Resolution of Necessity Settlement Discussion
Dear Ms. Carranzo,
I am in receipt of your correspondence dated September 28, 2023 outline the City of Napa's Notice of Intention to Adopt Resolution of Necessity to Acquire Property by Eminent Domain Known as Assessor Parcel Number 038-170-006. This office represents the owner of the subject parcel, which is commonly referred to as 2047 Big Ranch Road, Napa, California.
Please be advised of my client's objection to the city's proposed Resolution of Necessity on the following grounds:
That the public interest and necessity to not require the project as is proposed; That the project is not planned or located in a manner that will be the most compatible with the greatest public good and the least private injury; That the interest in the property sought to be acquired by eminent domain is necessary for the project; and,
That the offer required by Government Code section 7267.2 has been made to the owner of record.
i
Of particular importance is the absence of any meaningful effort on the party of the city to reasonably negotiate with the owner of record regarding the scope of the project or compensation for the taking. Witnesses, including the owner of record, experts regarding the particular real estate at issue, and legal counsel may appear at the upcoming meeting of the City Council, which has been scheduled for October 17, 2023, to discuss this matter, While my client has sought a reasonable continuance of the proposed meeting to consider the Notice of Resolution to allow additional time to negotiate the proposed project, this reasonable request has been denied by the city. Accordingly, my client will appear to lodge his objections as outlined herein.
Sincerely,
MYERS, JAMESON & MYERS LLP
Bradley J. Jameson
Attorney at Law
23.1012 winston objection to resolution of necessity
CrPfOFNAPA CITY CLERK
RECEIVED
OCT 1 3 2023
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(^HAND DELIVERED-)
U.S. MAIL / OTHER
MUM
MYERS, JAMES ON &MYERS
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ATTORNEYS AT LAW
October 13, 2023
Tiffany Carranzo, Napa City Clerk
CITY OF NAPA
955 School Street
Napa, CA 94559
Re: Notice of Intention to Adopt Resolution of Necessity Settlement Discussion
Dear Ms. Carranzo,
I am in receipt of your correspondence to my client Mayen Shueh dated September 28, 2023, which outlines the City of Napa's Notice of Intention to Adopt Resolution of Necessity to Acquire Property by Eminent Domain Known as Assessor Parcel Number 038-170-007. This office represents the owner of the subject parcel, which is commonly referred to as 2033 Big Ranch Road, Napa, California.
Please be advised of my client's objection to the city's proposed Resolution of Necessity on the following grounds:
That the public interest and necessity to not require the project as is proposed; That the project is not planned or located in a manner that will be the most compatible with the greatest public good and the least private injury;
That the interest in the property sought to be acquired by eminent domain is necessary for the project; and,
That the offer required by Government Code section 7267.2 has been made to the owner of record.
Of particular importance is the absence of any meaningful effort on the party of the city to reasonably negotiate with the owner of record regarding the scope of the project or compensation for the taking. Witnesses, including the owner of record, experts regarding the particular real estate at issue, and legal counsel may appear at the upcoming meeting of the City Council, which has been scheduled for October 17, 2023, to discuss this matter.
While my client has sought a reasonable continuance of the proposed meeting to consider the Notice of Resolution to allow additional time to negotiate the proposed project, this reasonable request has been denied by the city. Accordingly, my client will appear to lodge his objections as outlined herein.
Sincerely,
MYERS, JAMESON & MYERS LLP
/^-^^
23.1013 shueh objection to resolution of necessity
Bradley 9. Jameson
Attorney at Law
1835 FIRST STREET • NAPA.CA 94559 • TEL: (707) 257-1185 • FAX: (707) 257-1186 From:
Tjmorse
To:
Clerk
Subject:
10/17: Item 8B Big Ranch Rd widening
Date:
Monday, October 16, 2023 4:25:36 PM
Hello Council,
I’m Todd Morse, owner of 2023 Big Ranch Rd.
My regrets on being out of town and not able to attend.
I would like to acknowledge & express my appreciation for the very effective informative communication & respectful constructive meetings I have recently had with Ian Heid and Rosa Corona. They have thoroughly & patiently communicated to my personal comfort that nobody is looking to ‘steal anybody’s land’ and that The City, in fact, is interested in avoiding any legal path for acquisition. It’s clear that Ian fully intends to continue negotiations forward with his same good faith and professionally assertive ‘how do we resolve this’ attitude that I have come to know over recent weeks.
It’s my understanding that, yes admittedly, after the years of this project being somewhat ‘kicked around’ and periodic negotiations for the right away, this resolution will help Ian and Rosa in a comprehensive fashion to move the project forward to completion.
It’s my solid opinion that had they been personally and directly involved in the years of previous attempts to gain the right of way/easement that this resolution would be unnecessary at this time, i.e. the easements would’ve been years since acquired.
Ian and & Rosa individually, and as a team, could not be more professional, informative, forthright, respectful, politely assertive, efficient, and constructive in their dealings with me.
The City of Napa, and myself as a citizen, are fortunate to have them both as representatives.
Thank you,
Todd Morse
Owner of APN 038-170-008
EXTERNAL]
SUPPLEMENTAL REPORTS & COMMUNICATIONS
Office of the City Clerk
City Council of the City of Napa
Regular Meeting
October 17, 2023
FOR THE CITY COUNCIL OF THE CITY OF NAPA
AFTERNOON SESSION:
SUBMITTED DURING THE CITY COUNCIL MEETING
8.B. Acquisition of Real Property Needed for the Big Ranch Road Widening Project 1) Document from Mayen Shueh submitted on October 17, 2023.
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2033 BRR Trees and landscaping
FRONT LAWN -100 linear ft 1" irrigation pipe
7 Sprinkler Heads
100 Linear ft 1" irrigation pipe
11 Dietis Iridioides
3 Oleander: 2 white, 1 red
5 Full grown CA Live Oak 12" caliper
3 Texas Privet
Patch of Spring Bulbs in South Entrance: Naturalizing Daffodils and Hyacinths
N ENTRANCE
1 Olive 4" caliper
1 Black0ak12"caliper
1 pittosporum 4" caliper
1 Serrated leaf 8" caliper
1 Cotoneaster 5" caliper
S ENTRANCE - 100 linear ft 1" irrigation pipe, trellis for vines CALiveOak12"caliper
21 Reblooming Irises "Bernice's Legacy"
2 Miniature Dwarf Bearded (MDB) Reblooming Irises
5 Santa Barbara Daisies
1 Red Salvia
I purple Lantana
2 Flowering Vines
1 Manzanita
1 Dietis Iridioides
UTILITIES AREA-100 linear ft 1" irrigation pipe, treltis for vines 6 Santa Barbara Daisies
3 Manzanita 15 Gallon
1 Dietis Iridioides
4 Japanese Dinnerplate Irises
2 BottleBrush 3" catiper
2 Kangaroo Paw 3" caliper
2 Pink Guava 8" caliper
10 Rhamnus Alaternus (Italian Buckthorn) 15 gallon
2 Morning Glory vines
1 unidentified Blue/white vine 15 gallon
1 purple Crape Myrtle 15 Gallon
3 vines along fence line and trellis
1 Bay Laurel 23" caliper
1 Climbing Rose, multiple branches, 36 inch caliper