955 School Street
Napa, CA 94559
www.cityofnapa.org
3:30 PM
City Hall Council Chambers
Tuesday, April 16, 2024
3:30 PM Afternoon Session
No Evening Session
3:30 P.M. AFTERNOON SESSION
1. CALL TO ORDER: 3:30 P.M.
1.A. Roll Call:
Councilmember Alessio, Councilmember Luros, Councilmember Painter, Vice Mayor Narvaez, and Mayor Sedgley
Present:
5 -
2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
City Clerk Carranza announced the following supplemental items:
Item 6.A. - PowerPoint presentation from City staff.
Item 6.B.
- PowerPoint presentation from City staff.
- PowerPoint presentation from NVTA.
- Email from the Napa Chamber of Commerce.
Item 7.A. - Memo from City staff with correction to a table in Exhibit A of Attachment 1.
Item 7.B. - Memo from City staff with clarification on recommended action. (Copies of all supplemental documents are included in Attachment 1)
3. SPECIAL PRESENTATIONS:
CITY OF NAPA
Printed on 4/29/2024
CITY OF NAPA
MEETING MINUTES - Final
CITY COUNCIL OF THE CITY OF NAPA
Mayor Scott Sedgley
Vice Mayor Bernie Narvaez
Councilmember Liz Alessio
Councilmember Mary Luros
Couincilmember Beth Painter
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
3.A.
107-2024
Recognition of Michael Barrett, City Attorney
Mayor Sedgley and members of Council read the proclamation. City Attorney Barrett accepted the proclamation and provided remarks.
3.B.
120-2024
National Bike Month and Bike to Work and School Day
Mayor Sedgley and members of Council read the proclamation. Kara Vernor, Executive Director, Napa County Bicycle Coalition, accepted the proclamation and provided remarks.
3.C.
124-2024
National Public Safety Telecommunicators Week
Mayor Sedgley and members of Council read the proclamation. Gus Ulloth, 9-1-1 Communications Manager, accepted the proclamation.
4. PUBLIC COMMENT: None.
5. CONSENT CALENDAR:
Approval of the Consent Agenda
A motion was made by Councilmember Luros, seconded by Councilmember Alessio, to approve the Consent Agenda. The motion carried by the following vote:
Aye:
Alessio, Luros, Painter, Narvaez, and Sedgley
5 -
5.A.
121-2024
City Council Meeting Minutes
Approved the minutes from the April 2, 2024 Regular Meeting of the City Council.
5.B.
110-2024
Amendment to agreement for Public Safety Software and Systems Support Authorized the Assistant City Manager to execute an amendment no. 2 to agreement C2021 162 with Cloud 5 Solutions, LLC for Public Safety Software and Systems Support, increasing the compensation for the three-year term (FY 21/22 through 23/24) from $500,000 to $520,000.
5.C.
128-2024
Monthly Budget and Investment Statement
Received the Monthly Budget and Investment Statement as of March 31, 2024.
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
5.D.
116-2024
Facility Use Agreement with Napa Valley Unified School District and Napa Valley Tennis Association
Authorized the Parks and Recreation Services Director to execute a Facility Use Agreement with the Napa Valley Unified School District (NVUSD) and Napa Valley Tennis Association (NVTA) for shared use of the Vintage High School tennis courts at 1375 Trower Avenue at no cost to the City for a five year term, with the option to renew for two additional two year terms; and determined that the actions authorized by this item are exempt from CEQA.
5.E.
106-2024
Update Backflow Prevention Device Testing Fees
Adopted Resolution R2024-032 updating Backflow Prevention Device Testing fees and authorizing the City Manager to reimburse water customers to the extent they paid a higher fee amount for Backflow Prevention Device Testing between April 2023 and the effective date of this resolution.
Enactment No: R2024-032
5.F.
114-2024
Salvador Avenue Complete Streets Project
Adopted Resolution R2024-033: (1) authorizing the Public Works Director to award a construction contract to, and execute a construction contract with, Terocons, Inc., for the Salvador Avenue Complete Streets Project in the bid amount of $2,972,490; (2) authorizing the Public Works Director to approve change orders and charges for project services up to $717,249 for a total project amount not to exceed $3,689,739; and (3) determining that the actions authorized by this resolution are exempt from CEQA.
Enactment No: R2024-033
6. ADMINISTRATIVE REPORTS:
6.A.
014-2024
Council Spotlight - Napa Central Dispatch
(See supplemental document in Attachment 1)
Gus Ulloth, 9-1-1 Communications Manager, introduced the item.
Celina Davis and Christopher Parker-Swain, Public Safety Dispatcher II's, provided the report.
Mayor Sedgley called for public comment; there were no requests to speak.
Brief Council questions and comments ensued.
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
6.B.
072-2024
Expenditure Plan for the Proposed Napa Valley Transportation Improvement Act (Measure U)
(See supplemental documents in Attachment 1)
Napa Valley Transportation Authority Executive Director, Kate Miller, and Public Works Director, Julie Lucido, provided reports.
Following both reports, Directors Miller and Lucido responded to brief clarifying questions from members of Council.
Mayor Sedgley called for public comment.
Dorothy Glaros - shared she was against bonding, posed questions regarding the proposed projects, suggested Napa receive more funding, and questioned the amount of administrative costs.
David Gracia - shared concerns that the proposed measure would favor regional projects over fixing local roads.
Jim McNamara - questioned prioritization of current paving projects and shared concerns over neglect of streets in South West Napa.
Mark Joseph, NVTA Vice Chair and City of American Canyon Councilmember - provided comment in support of Measure of U.
Director Miller responded to questions regarding proposed projects.
Discussion was turned over to council; additional individual comments and questions ensued.
A motion was made by Councilmember Alessio, seconded by Vice Mayor Narvaez, to adopt Resolution R2024-034 approving the Napa Valley Transportation Improvement Act Expenditure Plan, as proposed by the Napa Valley Transportation Authority-Tax Agency to implement the Napa Valley Transportation Improvement Act "Measure U" amending and replacing a transaction and use tax expenditure plan and determining that the actions authorized by this resolution are exempt from CEQA. The motion carried by the following vote:
Aye:
Alessio, Luros, Painter, and Narvaez
4 -
No:
Sedgley
1 -
Enactment No: R2024-034
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
7. CONSENT HEARINGS:
Mayor Sedgley announced the two consent hearings.
He also announced that he would be recusing from item 7.B. as he had received campaign contributions in excess of $250 from Polvora in October of 2023.
There were no requests to speak; the hearings were opened and closed without comment.
A motion was made by Councilmember Painter, seconded by Vice Mayor Narvaez, to approve the Consent Hearing Calendar with Mayor Sedgley recusing from item 7.B. The motion carried unanimously.
7.A.
103-2024
Adjustment to Recyclable Materials Gate Fees for Materials Diversion Facility
(See supplemental document in Attachment 1)
Adopted Resolution R2024-035 establishing recyclable materials gate fees at the City’s Materials Diversion Facility, to become effective May 1, 2024, and July 1, 2024, for Napa County per City Agreement No. 8782.
Aye:
Alessio, Luros, Painter, Narvaez, and Sedgley
5 -
Enactment No: R2024-035
7.B.
104-2024
Ace & Vine (Polvora) Card Table Expansion
(See supplemental document in Attachment 1)
(1) Approved the first reading and introduction of an ordinance amending Napa Municipal Code Section 5.16.140 (Limitations on Authorized Tables) to increase the number of card tables permitted to be in operation at one time in a card room from nine to 11 and determining that the actions authorized by this ordinance are exempt from CEQA.
(2) Adopted Resolution R2024-036 approving a Use Permit to increase the number of card tables permitted to be in operation at one time from nine to 11 at the Ace & Vine Card Room at 505 Lincoln Avenue and determining the actions authorized by this resolution are exempt from CEQA.
Aye:
Alessio, Luros, Painter, and Narvaez
4 -
Recused:
Sedgley
1 -
Enactment No: R2024-036
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
8. REPORT ACTION TAKEN IN CLOSED SESSION:
City Clerk Carranza announced that although there was no closed session discussion on the agenda for the April 16, 2024 meeting; there was a closed session held on January 16, 2024 to discuss the City’s acquisition of property needed by the City to construct the proposed Trower Avenue Widening Project. For that January 16th closed session, there had now been a final reportable action taken by City Council.
During that January 16th closed session, the Council authorized the City Manager (acting through the Public Works Director) to acquire property from a portion of four parcels located at 2415, 2427, 2433, and 2437 Trower Avenue. The authorization was unanimously approved by City Council on a 4-0 vote (with Mayor Sedgley recusing based on his ownership of property close to the Project Site).
On April 4, 2024, the City executed Agreements for the Purchase and Sale of Real Property Interests from one of the four properties located at 2437 Trower Avenue. Additionally, as reported during the Council meeting on March 19, 2024, the City has executed Agreements for the purchase of properties located at 2427 and 2433 Trower Avenue. Discussions were ongoing between the City and the owners of the one remaining property (2415 Trower Avenue).
A copy of the Agreement and related documents for the final transactions for 2437 Trower Avenue would be available upon request to the City Clerk’s Office.
9. COMMENTS BY COUNCIL OR CITY MANAGER:
Councilmember Alessio thanked Mayor Sedgley for his leadership and participation in the "Walk a Mile in Her Shoes" event and took a moment to recognize Child Abuse Awareness Month.
Vice Mayor Narvaez addressed the recent homicide incident and expressed condolences to the families.
Mayor Sedgley shared that he traveled to Washington D.C. the week prior with the Deputy City Manager and Deputy Utilities Director and that they had productive meetings.
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
April 16, 2024
CITY COUNCIL OF THE CITY OF
NAPA
10. ADJOURNMENT: 5:40 P.M.
The meeting was adjourned with a moment of silence in remembrance of the victims of the recent homicide.
The next regularly scheduled meeting for the City Council of the City of Napa is May 7, 2024.
Submitted by:
_______________________________
Tiffany Carranza, City Clerk
CITY OF NAPA
Printed on 4/29/2024
MEETING MINUTES - Final
ATTACHMENT 1
SUPPLEMENTAL
R
EPORTS
&
C
OMMUNICATIONS
Office
o
f
th
e
Ci
ty
Cl
erk
City
C
ouncil of
t
he City
of
N
apa
Regular Meeting
April 16, 2024
FOR THE CITY COUNCIL OF THE CITY OF NAPA
AFTERNOON SESSION:
S
UBMITTED PRIOR TO THE CITY COUNCIL MEETING
6 .
ADMI
NISTRATIVE REPORTS:
6 .A. Council Spotlight
–
Napa Central Dispatch
x
PowerPoint Presentation from Staff.
6.B. Expenditure Plan for the Proposed Napa Valley Transportation Improvement Act (Measure U)
x
PowerPoint Presentation from Staff.
x
PowerPoint Presentation from NVTA.
1) Email from Napa Chamber of Commerce received on April 16, 2024.
7. CO
NSENT HEARINGS:
7 .A. Adjustment to Recyclable Materials Gate Fees for Materials x
Memo from Staff with correction to a table in Exhibit A of Attachment 1.
7.B. Ace & Vine (Polvora) Card Table Expansion
x
Memo from staff with clarification on recommended action.
MONTHLY
SPOTLIGHT
CITY OF NAPA
Napa Central
Dispatch
Service to
Napa County
Communities
City Council Regular Meeting
4/16/2024
Supplemental - Item 6.A.
From: City Staff
MONTHLY
SPOTLIGHT
CITY OF NAPA
Napa Central Dispatch
Presented by:
Christopher Parker-Swain –
Public Safety Dispatcher II
And ….
Celina Davis –
Public Safety Dispatcher II
• Dispatch Positions and Training
• Intergraph-I/Dispatcher
•E M D / P r o Q A
• DTO Program
•F i r e I D T / S W A T
• Wireless 911 Calls and Texts
* The Napa Central Dispatch is the primary answer point for all 911 emergency calls for the City of Napa, City of American Canyon, Town of Yountville
, and all unincorporated ar
eas of Napa County.
* The center dispatches for the Napa Police Department, Napa County Sheriff's Department, the American Canyon Police Department, American Canyon Fire Protection District, Napa Fire Department, American Medical Response, and Napa County Animal Control. * The center is staffed by:
> 4 Full-Time Public Safety Dispatch Supervisors
> 13 Full-Time Public Safety Dispatchers
> 2 Full-Time Public Safety Dispatch Call Takers
> 4 Part-Time Extra Help Dispatcher
• We are currently funded to staff 29 full-time positions, but as you can see from the numbers above we are experiencing a staffing shortage at this time. • The Dispatch Center operates in myriad of technical equipment, including a computer aided dispatch system, in
telligent phone work-stations and numerous
computerized systems to access information
regarding arrests, vehicle registration,
drivers license information, etc.
Dispatch Positions
•
Public Safety Call Taker
•
Public Safety Dispatcher I/II
•
Public Safety Supervisor
•
Support
• The DTO program at Napa Central Dispatch is designed to prepare trainees for success as both Call-Takers and
Public Safety Dispatchers.
• Each DTO must complete a 24 hour Traini
ng Officer Program through California
P.O.S.T. (Peace Officer Standards and Training).
• Trainees are assigned to DTO’s for about th
ree weeks at a time. For those three
weeks or so, the trainee’s schedule will mirror
that of their DTO. The DTO listens to
all of the trainee’s calls and radio traffic.
The DTO has the ability to cut in on radio
transmissions or phones calls if needed.
• During each shift the DTO makes notes on
each call the trainee takes, or events
they dispatch etc. At the end of the shift the DTO meets with the trainee one on one for an evaluation. Each trainee has the sa
me set of guidelines they need to work
toward meeting in order to be released on their own.
• The IDT and SWAT Teams are two special teams within
Dispatch that respond to the scenes of incidents.
• For large fire calls like structure fires or major wildland fires the Fire IDT, or Fire Incident Dispatcher Team, will be paged out to assist the command post at the scene of the fire.
• For large law enforcement ca
lls where SWAT is called out,
the SWAT Tactical Dispatch team will get paged out to
respond to the scene to assist at the command post.
• We respond with both NPD & NSO SWAT teams,
NPD & NSO CNT/HNT teams, and any other major
crime event.
• We also are part of the State of California TERT
program and respond for mutual aid relief to major
events around the state (most recent
being Chico/Paradise fires)
New for Napa County in 2021:
•
Cell phone users can now ‘Text to 911’ to receive 911 help Advantages:
•
Discrete when the victim or reporting
party are unable to make a voice call
•
Great communication tool for those who may be unable to speak Disadvantages:
•
Extensive delay receiving and relaying
information to responding units (fire
or medical)
•
Dispatch is unable to hear and monitor any background communications or noises like we would during a voice
call. This could be critical for in
progress events for responding units
•
Subject to the user even replying bac
k to any question we send back. Also
may be unable to transfer the message
if the incident is occurring outside
of Napa County
MONTHLY
SPOTLIGHT
CITY OF NAPA
Thank you for
the opportunity
to share what
we do at Napa
Central
Dispatch!!
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City Council Regular Meeting
4/16/2024
Supplemental - Item 6.B.
From: City Staff
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1 Measure U
NAPA VALLEY TRANSPORTATION IMPROVEMENT ACT
City of Napa, April 16, 2024
City Council Regular Meeting
4/16/2024
Supplemental - Item 6.B.
From: NVTA
Measure T —
Constraints
2 •
Measure T is a ½ cent sales tax —
approved by the voters in 2012,
operative in 2018, expires in 2043.
•
Pay-Go program infuses roughly $25
million a year for local street and road
projects.
•
Program revenues are insufficient to
catch up on years of deferred
maintenance.
•
As a Pay-Go sales tax, Measure T
increases annually at roughly the same
rate as the Consumer Price Index: 4.6%.
This approach cannot keep up with the
growing cost of construction, which
increases at 10.7%.
MEASURE U —
Opportunities
Without raising taxes, the proposed Measure U maintains existing ½ cent sales tax for 30 years, from 2025 to 2055.
•
Allows for bonding
•
Allows jurisdictions some flexibility with their Measure funds for non- maintenance transportation projects – new capacity
•
Revenue Projections: $1.2 Billion Program
•
90.7% for Local Streets and Roads
•
7.3% on Regional Projects
•
2% on Administration
$56 million for Regional Projects including SR 29 Improvements:
•
Airport – SR 29 at SR 12 intersection
•
American Canyon – Napa Junction/AC Road
•
Carneros — SR 29 at SR 12
Funds Highway Operations and Emergency Evacuations with back-up battery storage and changeable highway messaging signage. 3 Carneros
Intersection:
SR 12 at SR 121
4 Airport SR 29/SR 12 North Kelly Road Intersection – Conceptual Rendering
5 City of Napa – Five-Way Intersection Conceptual Design Measure U allows jurisdictions to use up to 5% of their LS R funds on other transportation
projects including capacity.
6 Revenue Distribution
Total revenues assume no borrowing by jurisdiction
Jurisdiction
Measure T (2025-2043) Measure U (2025-2055)
American Canyon
$48,222
$92,722
Calistoga
$16,909
$34,771
City of Napa
$252,697
$465,931
County of Napa
$248,313
$449,705
St. Helena
$36,950
$76,496
Yountville
$16,909
39,407
Regional Countywide Capital Program and Administration
(including 2% admin costs and debt service on $56 million) $119,289
Totals
$620,000
$1,278,323
Amounts are in the $1,000s of 2024 dollars
7 Local Streets & Roads Distribution
Jurisdiction
Measure T %
Measure U %
American Canyon
7.70%
7.2%
Calistoga
2.70%
2.7%
City of Napa
40.35%
36.5%
County of Napa
39.65%
35.2%
St. Helena
5.90%
6.0%
Yountville
2.70%
3.1%
NVTA Administration
1.00%
2.0%
Regional Capital Projects (Includes Debt Service)
7.3%
Total
100%
100%
The agreed upon proposal is a return to source/lane mile s hybrid, updated every 5 years and calculated using the most recent three years to allow for planning and smoothing. No jurisdiction would receive less than 3% of the LSR revenues.
Benefits of Bonding
•
Reduces construction costs by funding projects sooner
and delivering projects quicker.
•
Jurisdictions benefit from economies of scale by
partnering with each other on connecting infrastructure and delivering similar projects (e.g. ADA curb cuts).
• Bonding will make it easier to fix more roads today,
reducing the cost of road maintenance–high quality
roads are less expensive to maintain.
• Provides near term resources to ready projects for better results when seeking competitive grant funds.
• Bringing the funding forward stabilizes annual revenue distributions to the jurisdictions and provides resources to deliver larger projects.
• Minimizes or eliminates impacts of regional capital
projects funding and financing on local streets and road program revenues.
8 Pay-Go results in
significantly diminished
purchasing power for
projects.
Today’s dollar
will
lose 54% of its
purchasing power
by
2055. By bringing
funds forward, we
will be able to build
more projects for
much less over the
life of the measure.
9 Bonding by Jurisdiction — Modeling
NVTA modeled different scenarios to better understand the reve nues each jurisdiction might receive over the 30-year life of Measure U. Below is an example of the revenues a jurisdiction would receive under different bonding scenarios. NVTA bond issuance will be based on several factors including shovel-rea dy projects, economic conditions, and the health of the bond market.
*Measure T reflects what each jurisd
iction is expected to receive betwee
n 2025 and 2043 when Measure T sunsets.
Jurisdiction Measure T*
Remaining
Measure U PayGo
(In $1,000s)
Measure U Scenarios Range
(In $1,000s)
Without Bonding
With Bonding
American Canyon
$48,222
$92,722
$76,012--$79,748
Calistoga
$16,909
$34,771
$28,504--$29,905
City of Napa
$252,697
$465,931
$381,960--$400,732
County of Napa
$248,313
$449,705
$368,658--$386,777
St. Helena
$36,950
$76,496
$62,710--$65,792
Yountville
$16,909
$39,407
$32,305--$33,893
10 Funding Levels and Pavement Condition Index Scores
Jurisdiction
Financing Structure:
Measure U Bonding Measure T
Scenarios Range
Countywide Average 73.9--74.6 59.3
Measure U allows bonding which will result in meani
ngful changes in Napa Valley’s pavement condition
.
MTC’s PCI Scores Condition
Categories
Very Good 70+
Good 50-70
Poor 25-50
Very Poor 0-25
Soscol Ave. Newly Paved
11 Regional Projects – How We Stack Up Compared to Other Self-Help Counties
Local Streets
and Roads, 28%
Highway
Improvements,
19%
Managed
Lanes, 3%
TDM and Grade
Separation, 3%
Active
Transportation, 3%
Transit
Operations,
26%
Transit Capital,
18%
Self Help County Coalition (25 Counties)
Highway
Improvements
(includes Debt
Service), 7.3%
Local Streets and
Roads, 90.7%
Administration, 2.0%
NVTA Proposed Measure
Alternative 2 - $6 million Pre-Construction and
$50 Million Highway Program
12 Timeline and Next Steps
9 Approved by NVTA-TA —
February 2024
(Draft
Measure approved for circulation at February
meeting)
•
Expenditure Plan Approval by Jurisdictions –
March-April 2024
•
Final Approval by NVTA-TA Board of Directors
–
May 2024
•
Approval by County to place on November
2024 Ballot –
June 2024
•
Ballot Measure to Registrar –
June 2024
•
Election Day —
November 5
13
Item 6.B.
City Hall: 955 School Street, Napa CA 94559
~
Mailing Address: P.O. Box 660, Napa CA 94559
~
(707) 257-9503
~
www.cityofnapa.org
MEMO
TO: Mayor and City Council Members
FROM: Kevin Miller, Materials Diversion Administrator
DATE: April 14, 2024
SUBJECT: Correction to Agenda Item 7.A
– Adjustment to Recyclable Materials Gate
Fees for the Materials Diversion Facility (Afternoon Consent Hearing)
Subsequent to publishing the agenda material for the April 16, 2024, City Council meeting, an edit to Agenda Item 7.A – Adjustment to Recyclable Materials Gate Fees for Materials Diversion Facility was identified. For Exhibit A to Attachment 1 for this item, there was an error for “Source-Separated Commercial Clear Glass from Napa County (per City Agreement No. 8782” where the current Gate Fees of a
$20 per ton credit should have remained
unchanged (as it was for green glass above it) but incorrectly showed a “$20 per ton charge.”
ADJUSTMENT TO RECYCLABLE MATERIALS GATE FEES FOR MATERIALS DIVERSION FACILITY (Attachment 1 – EXHIBIT A)
1. The Table for Exhibit A “MDF Recyclable Materials Gate Fees Effective 5/1/204 and Effective 7/1/2024 for Napa County per City Agreement No. 8782” on page 4 of 6 has been updated as follows (see corrected term in
bolded red text
below):
Material
Master Fee
Schedule
No.
Current
Gate Fees
Gate Fees
Effective 5-1-2024
(Effective 7-1-2024 for
Napa County)
Residential Recyclable Materials from Napa
County (per City Agreement No. 8782)
7.16.15 $55 per ton
credit
$25 per ton charge
Commercial Recyclable Materials from Napa
County (per City Agreement No. 8782)
7.16.16 $5 per ton
credit
$70 per ton charge
Source-Separated Commercial Green Glass
from Napa County (per City Agreement No.
8782)
7.16.17 $20 per ton
credit
$20 per ton credit
Item 7.A.
City Hall: 955 School Street, Napa CA 94559
~
Mailing Address: P.O. Box 660, Napa CA 94559
~
(707) 257-9503
~
www.cityofnapa.org
Source-Separated Commercial Clear Glass
from Napa County (per City Agreement No.
8782)
7.16.18 $20 per ton
credit
$20 per ton
credit
Residential Single-Stream (“Mixed”)
Recyclable Materials
7.16.13 $30 per ton
credit
$30 per ton charge
Commercial Single-Stream (“Mixed”)
Recyclable Materials
*
7.16.14 $10 per ton
charge
$75 per ton charge
Minimum Charge per load
*
$24 per
vehicle
(load)
$24 per vehicle (load)
* Minimum Charge per load is applicable only to materials listed in the above chart with an “*”
ATTACHMENT 1
R2024-__
April 16, 2024
RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, ESTABLISHING
RECYCLABLE MATERIALS GATE FEES AT THE CITY’S
MATERIALS DIVERSION FACILITY, TO BECOME
EFFECTIVE MAY 1, 2024, AND JULY 1, 2024, FOR NAPA
COUNTY PER CITY AGREEMENT NO. 8782
WHEREAS, the City and Napa Recycling & Waste Services, LLC (“NRWS”) are parties to a contract by which NRWS provides services to the City for Collection and Transportation of
Municipal Solid Waste, Recyclable Ma
terials, and Compostables and
operation of the Napa Material
s Diversion Facility (City Agreement No. 8687, hereinafter referred to as “Contract”); and the Contract was originally approved by the City Council on December 7, 2004, and was subsequently amended on April 18, 2023 (R2023-038); and
WHEREAS, under the terms of the Contract, the City, as owner of the Napa Materials Diversion Facility (“MDF”), is responsible for determining what materials are accepted at the MDF and for establishing gate fees to be charged to third party customers for certain recyclable materials
delivered to the MDF; and
WHEREAS, City staff has reviewed projected revenues and costs associated with the acceptance and processing various cert
ain recyclable materials at the MDF; and
WHEREAS, City staff has summarized the increased costs as well as decreased material sales revenues in the “2024 MDF Recyclable Materials Gate Fee Analysis,” which is documented in this Resolution (including Exhibits “A” and “B,” attached hereto and incorporated herein by reference) as well as the staff report to City Council accompanying this resolution and Attachment 2 to that staff report, all of which are available for public review electronically and in the office of the City Clerk; and
WHEREAS, based on the 2024 MDF Recyclable
Materials Gate Fee Analysis, City
staff has determined that revenue from the
sales of recyclable materials have decreased
substantially while processing costs have also increased and that certain gate fees should be increased (or converted from credits to charges) in accordance with this Resolution to reflect the lower market value and increase
d processing costs of
recyclable materials;
and
WHEREAS, the Utilities Director has determined that MDF recyclable materials gate fees are not subject to the California Environmental Quality Act pursuant to Public Resources Code Section 21080(b)(8), based on the findings set forth in the MDF Recyclable Materials Gate
Fee Analysis; and
WHEREAS, the City is authorized to esta
blish “recyclable materials gate fees” to
recover the cost of providing services to jurisdictional and third-party contractual Item 7.A.
ATTACHMENT 1
R2024-__
April 16, 2024
customers who deliver certai
n recyclable materials to the
MDF, pursuant to the City’s
home rule authority as a charter city (pursuant to California Constitution, Article XI, section 5, and City of Napa Charter Section 4) and the City’s police power (pursuant to California Constitution, Article XI, section 7); and
WHEREAS, the City’s authority to estab
lish “recyclable materials gate fees” is
subject to the requirements of Proposition 26 (California Constitution Article XIII C, section 1(e), and the City has documented in this Resolution compliance with those requirements, as well as compliance with California Government Code Sections 66016 – 66019; and
WHEREAS, at least ten days prior to the date this Resolution is to be considered, a legal advertisement was published in the Napa Valley Register announcing a public hearing on April 6, 2024, where a staff report and cost analysis would be made available to the public documenting the amount of cost, or estimated cost, required to provide the service for which the fees herein adopted are levied and the revenue sources anticipated to provide the service; and
WHEREAS, the City Council
previously established Re
cyclable Materials Gate
Fees effective March 1, 2023, per Resolution R2023-016; and
WHEREAS, the Recyclable Materials Gate Fee for the County of Napa has been further analyzed based on composition studies
specific to Recyclable Materials delivered
to the City’s MDF and more recent materials sales revenue data; 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 meeting.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
2. The City Council hereby finds that
the recyclable materials gate fees
established by this Resolution are charges imposed for a specific government service that: (i) is provided directly to those who are charged the fees, and (ii) is not provided to those not charged the fees. The City Council hereby finds that the amount of the self-haul and/or contractual gate fees meet the criteria set forth in the subparagraphs to this section 2, below, based on the facts identified in this Resolution, particularly including the 2024 MDF Recyclable Materials Gate F
ee Analysis identified in the recitals to this Resolution.
a. The amount of the fees do not exceed the reasonable costs of providing the service. The fees will generate re
venue to offset the estimated
reasonable operational and contractual costs incurred by the City in accepting materials at the MDF for processing and recycling operations.
ATTACHMENT 1
R2024-__
April 16, 2024
The amount of each fee is no more than necessary to cover the costs incurred by the City in conducting the activities to provide the services for which the fees are imposed.
b. The City has allocated the service costs to each individual fee payor in a manner that bears a reasonable relationship to each payor’s burdens on, and benefits received from, the City activities and services.
c. Based on the findings set forth in this section 2, the fees established by this Resolution are not “taxes” as defined by California Constitution Article XIII C, section 1(e).
3. The City Council hereby approves an
d establishes the recyclable materials
gate fees and credits for the MDF in the amounts set forth in the column labeled “Gate Fees Effective 5-1-2024” on the chart in Exhibit “A” to this resolution; and those fees and credits shall become effective May 1, 2024 or July 1, 2024 for Napa County.
4. The City Council hereby authorizes the City Manager and the Finance Director to implement the fees established by this Resolution, including: (a) administratively organizing and publishing the fees in the City’s Master Fee Schedule; and (b) implementing and enforcing the fees in accordance with the City Council Policy Resolution for the establishment, implementation, and enforcement of City Fees (R2018- 046).
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 16 th
day
of April, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
_________________________
Michael W. Barrett
City Attorney
ATTACHMENT 1
R2024-__
April 16, 2024
Exhibit A
MDF Recyclable Materials Gate Fees Effective 5/1/2023
and Effective 7/1/2024 for Napa County per City Agreement No. 8782
Material
Master Fee
Schedule
No.
Current
Gate Fees
Gate Fees
Effective 5-1-2024
(Effective 7-1-2024 for
Napa County)
Residential Recyclable Materials from Napa
County (per City Agreement No. 8782)
7.16.15 $55 per ton
credit
$25 per ton charge
Commercial Recyclable Materials from Napa
County (per City Agreement No. 8782)
7.16.16 $5 per ton
credit
$70 per ton charge
Source-Separated Commercial Green Glass
from Napa County (per City Agreement No.
8782)
7.16.17 $20 per ton
credit
$20 per ton credit
Source-Separated Commercial Clear Glass
from Napa County (per City Agreement No.
8782)
7.16.18 $20 per ton
credit
$20 per ton credit
Residential Single-Stream (“Mixed”)
Recyclable Materials
7.16.13 $30 per ton
credit
$30 per ton charge
Commercial Single-Stream (“Mixed”)
Recyclable Materials
*
7.16.14 $10 per ton
charge
$75 per ton charge
Minimum Charge per load
*
$24 per
vehicle
(load)
$24 per vehicle (load)
* Minimum Charge per load is applicable only to materials listed in the above chart with an “*”
ATTACHMENT 1
R2024-__
April 16, 2024
Exhibit B
Executive Summary of Analysis and Basis for Proposed
MDF Recyclable Materials Gate Fees to become Effective 5/1/2024 and Effective 7/1/2024 for Napa County per City-County MOU for Use of the City’s Materials Diversion Facility (City Agreement No. 8782)
Material
Master
Fee
Schedule
No.
Narrative Description of Analysis* and Basis
of specific Proposed MDF Recyclable Gate
Fees to become Effective 5/1/2024
Residential Recyclable
Materials from Napa
County (per City
Agreement No. 8782)
7.16.15 Page 2 of Analysis describes an estimated
average revenue of $191.98/ton of the category
of residential “single-stream” (mixed) materials
of which 70% is retained as City revenue
($134.39/ton). The City revenue is reduced by a
projected $101.37/ton in over-baseline
processing costs leaving a net City revenue of
$33.01/ton. The $33.01/ton in estimated net
revenue is further reduced by $21.89/ton for
stream’s portion of MDF capital costs (p. 24 of
Analysis). The proposed gate fee (charge) is
the approximate midpoint of the 20% market
volatility buffer (p. 3 of Analysis).
Commercial Recyclable
Materials from Napa
County (per City
Agreement No. 8782)
7.16.16 Page 2 of Analysis describes an estimated
average revenue of $101.56/ton of the category
of commercial “single-stream” (mixed) materials
of which 70% is retained as City revenue
($71.09/ton). The City revenue is reduced by a
projected $101.37/ton in over-baseline
processing costs leaving a net City revenue of
negative $30.28/ton. The negative $30.28/ton in
estimated revenue is further reduced by
$21.89/ton for stream’s portion of MDF capital
costs (p. 24 of Analysis). The proposed gate fee
(charge) is the approximate midpoint of the 20%
market volatility buffer (p. 3 of Analysis).
Source-Separated
Commercial Green
Glass from Napa County
(per City Agreement No.
8782)
7.16.17 The credit recommended for this specific
material type is based on a stable value of glass
for CY2023 vs. CY2023 and previous
methodology specific to City Agreement No.
8782 with Napa County for source-separated
commercial glass delivered to City’s MDF.
ATTACHMENT 1
R2024-__
April 16, 2024
Source-Separated
Commercial Clear Glass
from Napa County (per
City Agreement No.
8782)
7.16.18 The credit recommended for this specific
material type is based on a stable value of glass
for CY2023 vs. CY2022 and previous
methodology specific to City Agreement No.
8782 with Napa County for source-separated
commercial glass delivered to City’s MDF.
Residential Single-
Stream (“Mixed”)
Recyclable Materials
7.16.13 Page 1 of Analysis describes an estimated
average revenue of $179.63/ton of the category
of residential “single-stream” (mixed) materials
of which 70% is retained as City revenue
($125.74/ton). The City revenue is reduced by a
projected $101.37/ton in over-baseline
processing costs leaving a net City revenue of
$24.37/ton. The $24.37/ton in estimated net
revenue is further reduced by $21.89/ton for
stream’s portion of MDF capital costs (p. 24 of
Analysis). The proposed gate fee (charge) is
the approximate midpoint of the 24% market
volatility buffer (p. 3 of Analysis).
Commercial Single-
Stream (“Mixed”)
Recyclable Materials
*
7.16.14 Page 1 of Analysis describes an estimated
average revenue of $109.20/ton of the category
of commercial “single-stream” (mixed) materials
of which 70% is retained as City revenue
($76.44/ton). The City revenue is reduced by a
projected $101.37/ton in over-baseline
processing costs leaving a net City revenue of
negative $24.94/ton. The negative $24.94/ton in
estimated revenue is further reduced by
$21.89/ton for stream’s portion of MDF capital
costs (p. 24 of Analysis). The proposed gate fee
(charge) is the approximate midpoint of the 24%
market volatility buffer (p. 3 of Analysis).
Minimum Charge per
load
*
Minimum charge set based on separate analysis
performed for public MDF Gate Fees set by
Council resolution R2024-005.
x
Note: “Analysis” refers to 2024 MDF
Recyclable Materials Gate Fee Analysis
(which is Attachment 2 to staff report for this item on the Napa City Council agenda for April 16, 2024 meeting).
City Hall: 955 School Street, Napa CA 94559
~
Mailing Address: P.O. Box 660, Napa CA 94559
~
(707) 257-9503
~
www.cityofnapa.org
MEMO
TO: Mayor and City Council Members
FROM: Tiffany Carranza
DATE: April 16, 2024
SUBJECT: Correction to Agenda Item 7.B. – Ace & Vine (Polvora) Card Table Expansion
Subsequent to publishing the
agenda material for the April 16,
2024, City Council meeting, an
edit to the recommended action of Agenda Item 7.B. - Ace & Vine (Polvora) Card Table Expansion – was identified.
Item 7.B. is the first reading of the proposed ordinance, and therefore the first recommended action, of the proposed two for the item, sh
ould read “Approve the first reading and
introduction of an ordinance amending Napa Mu
nicipal Code Section 5.16.140 (Limitations on
Authorized Tables) to increase the number of card
tables permitted to be in operation at one
time in a card room from nine to 11 and determining that the actions authorized by this ordinance are exempt from CEQA.
Redlined correction is included below, for reference:
Adopt Approve the first reading and introduction of
an ordinance amending Napa Municipal
Code Section 5.16.140 (Limitations on Author
ized Tables) to increase the number of card
tables permitted to be in operation at one
time in a card room from nine to 11 and
determining that the actions authorized by this ordinance are exempt from CEQA.
Item 7.B.