Planning Commission - Regular Meeting

Thursday, April 24, 2025

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
American Canyon, CA
Meeting Date
April 24, 2025

Transcript

34 sections

0:13 – 2:12Speaker 1

You guys ready? Are we ready to begin? We are ready. Okay. I call this RA regular planning commission meeting to order at 6:30 p.m. Please stand for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you, Nicole. Roll call, please. Yes. Youth Commissioner Ramandep Joanda, present. Commissioner Marilyn Avalon, present. Commissioner Eric Alman, present. Commissioner Shelby Goss, present. Vice Chair Charles Plameumber is excused this evening. Chair Dvet Muhammad, present. Looks like we have no presentations. I will open it up to public comment. This time is reserved for members of the public to address the planning commission on items that are not on the agenda and are within the subject matter jurisdiction of the commission. Comments are limited to three minutes. Comments for items on the agenda will be taken when the items is called in open session. The planning commission is prohibited by law from taking any action on matters discussed that are not on the agenda and no adverse conclusion should be drawn if the planning commission does not respond to public comments at this time. Are there any public comments? Is there anyone in the room who would like to make comments on items not on the agenda? Okay. And as a reminder, if you plan to speak, please turn in a speaker card. Okay. It needs to be brought up to me since the meeting has started, please. Thank you. No. And there's nobody on Zoom. Thank you. I will close public comment. Director Cooper, are there any

2:10 – 4:09Speaker 1

agenda changes? Thank you, Chair Muhammad. There are no agenda changes tonight. Thank you. We'll move on to the consent calendar. I would like to add a correction. Um, youth commissioner Ramandep Jawanda was not present. So, I would like to approve. Oh, appeal request a motion with that change modification. I will second. I apologize. Who did who made the motion? I Okay, I'm I was looking down at the moment. I'm sorry. Okay. Commissioner Marilyn Abalon I. Commissioner Eric Alman I. Commissioner Shelby Goss I. And Chair Devet Muhammad I. Moving on to public hearing. The Napa airport corporate center development agreement extension. Thank you Chair Mohamd and planning commission. Brent Cooper, community development director. U, we're recommending that this public hearing be continued to your next regular meeting. Uh, just uh about a week ago, staff received a letter with questions about this project's contribution toward some infrastructure in the area, and we need some time to evaluate um the points that were raised in that letter. And thank you, Director Cooper. May I have a motion? I'll make the motion that we move the meeting to our upcoming May planning commission meeting. I'll second that motion. Roll call, please. Commissioner Marilyn Abalon, I.

4:07 – 6:06Speaker 1

Commissioner Eric Alman, I. Commissioner Shelby Goss, I. Chair Devet Muhammad, I. Moving on to the Crawford Way multifamily project design permit. Um, thank you, Chair Muhammad, Planning Commission, members of the public. Um, this item has been continued before and the applicant is requesting uh further continuence to your regular May meeting. Um, they have been uh calculating costs for on and off-site development and uh they have a proposal that will take us some time to evaluate. We expect to have that completed uh by your next meeting in May. Thank you, Director Cooper. May I have a motion? Oh, I apologize. Um, this is a public hearing and so there may be somebody in the audience interested in testifying. Thank you. I will go ahead and open up to public comment. Yes. And we have Teresa Aeta. I'm sorry. Commission and chairman. Can you hear me? Okay. Uh, I'm Teresa Abeda. I live at 315 Crawford Way on the west side of the project, one house away. So, first it's Demiy's house and then my house. Um, so first I would like to thank you for listening to us in the neighborhood and hearing our concerns about the pro proposed Crawford Way multifamily project. At the March planning commission, Mr. He a city employee gave a presentation on this proposed project. I don't understand why the developer was not here in person for his own project presentation and to answer the many questions that you all have. Um and that can only be answered by the

6:04 – 8:01Speaker 1

developer. Um, I feel like many of your questions and concerns are the same concerns concerns as those of us that live near the project. It's a high density project proposed on a small parcel of land, one side bordering a very busy highway and only one access point. As commissioners, you devote many hours reviewing many planning projects for our city. This project has been on the planning commission agenda since January 2025, and by my calculation, it's been moved forward four times by an email request from the developer. So to me, I feel like this is very frustrating and very disrespectful to all of us. If this project does eventually get off the ground, my number one request is that the developer build a tall fence and tall trees or fast growing trees on the west side of the property to protect the privacy of our neighborhood who our neighbors who live in the area. Thank you very much. And I think all of you are doing a fantastic job. Thank you. Is there anyone else in the room that would like to speak? And there's no one on Zoom. Thank you. I will go ahead and close public comment. I wanted to talk about that, but it's on the agenda. You still talk about it. Fran Le. Oh, I'm sorry. I will reopen

7:58 – 9:55Speaker 1

public comment. Sorry. Um I just wanted to say um there's a lot of apartments now and I'm wondering if they're all full. Uh does anybody know uh you know if the apartments are full? because I see on the ones by Safeway, they have leasing on on grounds. So, uh I mean apartments are fine, but they're not any good if they don't if they're not full. So, I just wonder if we don't want to get oversaturated with apartments. So, that's my comment. And I do do reserve the right for people to that live by them and are protected. So, thank you. Thank you, Fran. Uh, Chair Muhammad, I could do my best to answer that question. Uh, the city doesn't have the capacity uh or the permit procedures to collect ongoing apartment vacancy rates. Um, it I'm sure is information that's done by the private sector. Uh, if somebody is building a project, then I'm sure there are proprietary means for surveys to be done that's purchased. Um, but that isn't something that the city has uh gone about uh seeking and purchasing on an ongoing basis. Thank you, Director Cooper. Um, Beth Marcus, actually, I think a year ago you asked me to do to call around the different apartments to see, and I would say from the response I got, like 85 to 90% of them were pretty full. So, it's not like they're they're vacant or anything. So, you know, that's but that's been a year ago. Thank you, Beth.

9:57 – 11:55Speaker 1

I don't think there's anybody else. There's definitely no one on Zoom. Thank you. I will go ahead and close public comment. Do we have a motion? I'll make a motion that we once again continue this item until our next reg regularly scheduled planning commission meeting. I'll second the motion. Nicole, may I have a motion? Roll call. Commissioner Marilyn Abalan I. Commissioner Eric Alman I. Commissioner Shelby Goss I. Chair Devet Muhammad I. Moving on to business. I will go ahead and the 285 Napa Junction citation appeal. I will recuse myself and hand it over to Commissioner Eric Alman. Thank you, Chair Muhammad. Um, development director Cooper, where are we? Okay. Well, thank you, Commissioner Alman, members of Planning Commission, and members of the public. Um, this is an item that has been continued since, uh, January. Um, that was a very, uh, important meeting. Um there was a lot of documentation on the issue of uh food truck storage at a personal residence. Um there was extensive documentation um that showed that it's it's happening and the applicant property owner had plenty of notice about the code violation. Um the standards for uh deciding whether or not to uphold an appeal is very narrow. Um there are two of them. Uh one is uh does the did we uh provide notice to the proper property owner the correct property owner and in

11:51 – 13:51Speaker 1

fact um Mr. Lord does own the property and is there documentation that a violation exists and um there was a lot of documentation for that. Um I think though that what I think we can all take to heart is there was a lot of very meaningful testimony. Um you know our ordinances are written to be unambiguous. um which is generally a good thing so that we understand what they say and what they mean. But we do live in a in a context and so uh I think the feel of my speaking obviously the planning commission can speak for themselves but I think there was a lot of um thoughtful consideration of the property owner's situation and need and context. And so at the conclusion of that discussion, the planning commission asked staff to really look through the code and see if there are other alternatives that are available that might solve the issue with uh being in conflict with the code. Um and so in the time after that, staff worked with our city attorney's office and um we took a very close look at the home occupation permit application. It's it's a it's an administrative approval. And what it does is it allows people to run a business from their home. Uh running a business from your home is is great if you have a small business. There's a lot of benefits to it. Uh happens all over the city and and so um it's it's a really it's a great program. Um, but there are some some criteria to to allow for a home occupation. And generally, um, I won't get into all of them, but a key one is whether or not the business uh could be operated in a way that the neighbors really aren't generally aware of its existence. So, no conflict with noise or odors or hours or customers,

13:49 – 15:48Speaker 1

traffic, and the like. Um there's a bigger sensitivity in traditional single family home neighborhoods, smaller lots, people living closer together. The context here is this is a large lot that isn't located in a traditional single family neighborhood. And so the home occupation permit has a provision that I actually hadn't noticed until I reread it. I always reread the code for this very reason. You'll always find something that you didn't see before. And there is definitely a recognition in this particular permit where larger lots, more rural settings, uh some of the more tighter restrictions may not be necessary just because there aren't neighbors nearby. And I think that would apply in this case. And so, um, we've offered that option to the property owner. Um, it's they also have a tax business and it's obvious to us this is tax season. It's probably the worst time ever to be trying to ask someone to fill out a form. Uh I can imagine if you're working on taxes if someone says to you, "I need another form filled out." I don't think I'd want to be near them. But anyway, so we filled out the form for Mr. Laura and sent it to him and talked to him on the phone and he said, "I'll I'll think about this." So, um which is fine. There's time. Um, but I wanted to let the commission know that we did consider your direction and I understand why. Uh, I think the testimony from the property owner was very compelling and so it is an option available to them and maybe there are other options. Um, but this seems to be a pretty solid one that fits the criteria and the context. So we kind of bring you back to the first question uh whether or not to uh deny the appeal and on the preponderance of evidence based on the code itself. Um staff recommends that the commission deny the

15:46 – 17:45Speaker 1

appeal but you can't take comfort knowing there are other options. I'm glad to answer any questions you have. questions. Commissioner Avalon, Director Cooper, I I wanted to um say thank you for the detailed reports that you provided. You know, I I read them multiple times prior to our meeting and I really appreciate the timeline and the chronology and the depth of work that the team did to provide information um on the agenda packet. So, thank you for that detailed report. Just just for clarification, Director Cooper, I know it's tax season and I know there were three emails sent to the homeowner. Was there a reply to your email and your question regarding the home occupancy license? Are they interested? Uh, Commissioner Abalon, I I did not receive an email response. Um, so I telephoned Mr. Laura and he said he would like to think about it. Thank you. And if I may add, uh, the city attorney's office also forwarded a copy of that to his attorney. Um, and so we were told that that the attorney would take a look at it and he was aware of this hearing as well. Got it. Any other Commissioner Goss? Um, yeah. Uh I just want to second commissioner Evelyn that it seems like uh staff has been very thorough on this issue and considering you know taking the request of the planning commission very seriously. So appreciate that. Um, is there any sort of um I guess timeline for the property owner to consider

17:42 – 19:41Speaker 1

uh the permit option and if they reject it, I guess what would happen then? Oh, okay. Thank you, Commissioner Goss. The um applicant has several options. Um, one would be to um, uh, provide a home occupation permit. Hopefully I I filled it out right, but I might not have. Um, so they could modify it as needed. Um, hopefully generally consistent with what their intent is. So they could, that is one option. Another option is finding another location for the food trucks. Um, so that's that's another option for them. or perhaps um they have a lawyer on staff. Lawyers are great at looking at code. Um perhaps that person could also review the municipal code and and if there is another path forward that we missed because it's it's it's really thick. Um we're certainly open to any other suggestions to consider. Any other commissioner questions? All right. Before I come to my questions, I'm going to open up for public comment if there is any. Is there anyone in the room who would like to make comment on this item? And we have no one on Zoom. All right, I will close public comment. So, my question um and there's probably a couple of them in here, but uh starts with well, I'll start with a statement. I'm not crazy about rendering a decision when the appellant is not present. Um, and so is it

19:36 – 21:34Speaker 1

possible to for us to establish a timeline, for instance, our next regularly scheduled planning commission meeting for them to reach a conclusion and to be present here for a conclusion of the hearing. I'll start there. So, uh, any good lawyer will always say it depends. Um, can you do that? You can do the first part. You can say here's the timeline by which if you uh have not made a decision, we will render a decision on the appeal. Can you force them to be here? No. Right. However, you can give them that opportunity to be to be present and say, "We would love for you to be present, but you can't force them to be here." Right. No, no, no. I I I realize I mean, I wasn't implying that we should have the uh potentially the code officer. No, no, maybe not. But the police officers kind of go guns drawn and say, "You must attend." No, that's that's uh and and Commissioner Alman, I think um I think your question is tied to um this is a little unusual for an appeal. Normally, it's open, shut, decision, move on. Um and so I I don't I didn't interpret your question to mean that in your mind perhaps the com commission or your vote would overturn or would agree with the appeal. I think what you're saying is we've offered up uh to suggestion to the commission that they you provide a time frame and it would be nice if the property owner was here to have that conversation about what's possible feasible you know and work something out from an amicle position that way

21:32 – 23:30Speaker 1

that that's a piece of it but it's also um you know if if we're going to be making a determination whether to accept the appeal or whether to deny the appeal I think that the appellant should be present for that decision. On the other hand, if an agreement can [Music] be it, I'll put it this way, if an accommodation can be agreed to, it sort of throws the whole situation out the window and then we don't have to make a determination one way or another. So you know my my mindset is more along the lines of well if we can if we can have a more pleasant outcome. Um let's see if we can go that route rather than taking the route of okay we have made a determination and we are going to for instance deny the appeal and now that sitting appeals denied the only further appeal that they're going to have is to go to city council which again leads to potential for more messy situations than saying hey let's just give them a timeline. This is when we want to hear back from you. Let us know or you're going to accept this com offer and compromise as we may call it. And your commission has the same authority it had in January. So if you wanted to proceed with something like you did in January, that's still available to you. I will say under the municipal code, this is the last appellet body. So they don't appeal your decision to the city council. It would then go to judicial intervention. even even more reason to try to amicably resolve the the situation um rather than

23:29 – 25:26Speaker 1

having to uh forgive me for this but get the attorneys involved. So um that was what I was in inquiring about. I do see that our youth commissioner has a uh inquiry here. So please go ahead. Just for a clarification, were the vehicles on their property used for any type of business they owned? Um, yes, youth commissioner uh Joanda, the food trucks were used for um their food truck business and they were storing them on the property overnight time hours. Um, and so this is relates to one of the issues is that the food trucks that were stored on the property didn't have a business license. There's no permitting uh status for them in the city, but they are a business. Another question is, have they reached out to the city council for permits or any license for the business? Um I'm not aware if there has. Thank you. Okay. on that. Any other commissioner questions on this side? More of a comment. Okay. I'm I'm again just rereading attachment one. Um it's the second document in our packet and I'm looking again at the chronology and you know this actually began a long time ago. you know, we've been discussing this as a planning commission um in January of 2025. However, the initial citation, if I'm reading this accurately, began March 2022.

25:22 – 27:21Speaker 1

So just just a comment and from from my perspective and point of view, I believe um the owner the land the the owner has had ample opportunity and multiple chances to respond regarding that citation. Again, also to with the recent events of when planning commission when we first heard about this in January, we talked about are there other alternatives and it was researched that the home occupancy license could be um you know could be kind of like the getting to yes, right? So that so that we can resolve this amicably. Um, but there has been no response. And again, there's three uh emails and even a personal phone call. And again, I I understand um it is tax season. It's it's busy, but this is um I I would think if you're the homeowner of this, this would be important to you. And considering it's been ongoing since 2022. That's just my comment regarding the chronology of events. Just to refresh everybody. All right. Alrighty. Any other questions, comments? Commissioner Goss, go ahead, please. Yeah. Um, just to also mostly comment on this. Um, I think the idea of setting, um, some sort of timeline by which we'd like a, you know, hopefully get a response from them. Whether they'd like to proceed with the home occupation permit or not, um, would be reasonable. I'd also like to settle this amicably, obviously. Um but um you know I'd also I also want to acknowledge how much um time city staff has dedicated um to this particular issue when they have a lot of other projects to manage as well. Um and

27:18 – 29:18Speaker 1

I thank you for that. But um you know I also would like there to not just be um for it to not be an indefinite thing that we're asking city staff to keep uh dedicating their limited time to. Understood and agreed. Uh with that do we have any uh approach that we would like to take? My my recommendation for what it's worth is that we do a one last continuence and give them the time to um you know let them know this is this is it. We need to hear from you. Otherwise, we are going to rule at the next meeting on this or is there a feeling that we should issue a ruling presently? Commissioner Alman, I think one of the one of the questions today was was the code violation appropriately cited at 285? Napa Junction Road. For me, I believe that that citation was accurate and there was a code violation and there was ample opportunity to address it. And then there's there's like part one, two, three, and again, the owner was given opportunity to respond and there was no response. And again, we're we've given multiple um I don't know extensions of a how can we help options and and again we can extend again the until May but I I I am not feeling any confidence that there'll be some response and like our attorney has

29:15 – 31:15Speaker 1

stated also we cannot demand that they come to the next May meeting as well. So I I go back to that initial question and again you've heard my perspective. Was the code violation appropriately cited at that address at 285 Napa Junction Road? I I believe it. So it was appropriately cited. That is how I feel. Okay. Um, I'd be open to extending it one more month if others agree, but yeah, I mean, obviously we can't compel them to come, but giving them a final warning might be a friendlier thing to do. I I don't know. So, let let me do this. Let me because the the timeline appears to be sort of the question here. And I know that there have been some things sent um but I don't know and I don't recall because I've been running like a nut job. Um what is the timeline? When when did you send when did we send the uh home um business occupancy permit to them? When did we follow up? How long has it been since that piece happened? Because if you know I I know that didn't happen in January. Um I don't think it happened until at the earliest March or more likely sometime in April. Um but I don't know. And it's getting an understanding of that which in my mind helps to color for me the issues that Commissioner Avalon has brought up in terms of the you know the timeline here. If we just as a for instance, if we just yesterday said, hey, we've got this idea for a home occupancy permit and we think it'll work and they haven't responded. Well, it's like, yeah, I get it. You know, if

31:13 – 33:11Speaker 1

we would have made that proposal to them in in late January and they haven't responded, that's a whole different story. So, all right. Well, thank you, Commissioner Alman. Um, we did inform the idea in April, so it really hasn't been that long. Okay, I have another question. Okay, this is just a hypothesis. Okay, should the planning commission deny the citation appeal? Could there be an opportunity for them to correct that code violation and and reach a good compliance date like let's say two to three weeks or we can say the May 24th um well that's a month from now. I mean would that be plausible? I I pose that to both of you. So if your question is I guess are you saying hold essentially hold in obeyance the upholding of the citation until a certain date in which compliance is achieved then it would either be withdrawn or something else. Is that I'm sorry I'll I'll ask that again. Should we deny the appeal? But if they're able to correct it within two to three weeks, would that citation be overturned because they corrected it? Commissioner Avalon, I think what you're suggesting is close close to the staff recommendation and that and the recommendation is to um conclude whether the violation was appropriately cited. Um our recommendation is yes. Um and then um provide further information to convey to the applicant and later in the

33:09 – 35:07Speaker 1

staff report. Options available to the commission would be to provide a time period by which they uh agree to pursue a home occupation permit or relocate the vehicles somewhere else where it is appropriate. I'm going to just chime in with a with a comment just because the appellants's testimony during the hearing was pretty crystal clear from my recollection that they felt see I will completely agree I don't think I don't think there's an issue as to whether a violation occurred whether the citation is legitimate issued fairly or unfairly. Yes, I understand their the the issues that they raised that's a separate point. But I think the the they indicated that they would not comply and that they had no intention of complying. And I think they made that pretty clear that this was the only place that they could put their food truck in order for them to be able to service it. Um, and that it wasn't bothering anybody effectively. So, I look at that and I'm kind of like, yeah, we can go ahead and deny the appeal and we can ask them to do something. But they've said they're not going to they've said they're not going to comply. So the only thing is can we get them to agree to the home occupancy permit? And I think we are more my personal opinion is

35:03 – 37:02Speaker 1

we're more likely to achieve that goal by saying hey we're going to hold off one last time and go from there. So that's that's my take, but I see our public works director. Am I say something? Okay. Good evening, Eric Almond Smith, public works director. Um I didn't chime in during the original appeal um division. I in hindsight, our city attorney here this evening said I could this evening because there's confusion there. To be perm be a permitted food truck in any county in the state of California, you must be licensed at a commissary, which means a restaurant or site other than where you provide your business. So, they are not permitted to be at the commissary at their home. They're permitted at the Berea spot, which is on Broadway. And what we heard that night was it was convenient to be outside their house and not have it parked at the Berea spot, but they're permitted to be at the Berea spot as their commissary. Does that help explain the confusion? It it helps provide more clarification. Absolutely. So, thank you. You're welcome. And and Commissioner Alman, too, um a commissary is a place where the food is prepared in a commercial kitchen. So they may store the vehicles at their home, but the food is prepared in a commissary and their permit, Miss Smithy said, is over at the Berea spot. The trash, the solid waste collection, the grease collection, everything is supposed to take place at the commissary, which explains the reasons for the conditions in the home occupation permit, expelling out the way in which they're operated. It's It's there to be parked essentially, but but the business end of the food truck happens over at the commissary at at the business location. Correct. Not at the home

36:59 – 38:57Speaker 1

location. Correct. Got it. No. Thank you. Okay. Any other questions with that? Okay. Any other comments, questions? So, what do we want to do? Either we make a motion for one last continuence or we put it to a vote. Then again, I'll reiterate my my thought is in this circumstance, continuence works best because I think we all know what the outcome of a vote will be and should be and I don't think there's much question there. And I just think that if we try and look at it from their perspective, how are you going to if you're them, how are you going to handle that and view that when thinking about the um what do you call it? Uh home occupancy permit option. you really are now like, "Okay, they've thrown the gauntlet down at my feet. I either can fight them by filing suit, which is their other option, or I can accept what they've put in front of me, which I'm really maybe not all that crazy about. I think the fact that they came here with an attorney gives us a clear indication as to the direction that they are likely and prepared to go." Um, so I mean I I to me that's what I look at and and that's why I think the

38:56 – 40:54Speaker 1

downside of voting and denying the appeal tonight isn't worth it. I think if we give them one last opportunity and say, "Hey, look, we've done everything we can accept this neighborhood occupancy permit option because it works for everybody." and the whole thing goes away is a preferred option. But this isn't the Eric Alman show. This is the planning commission. So I I need to know kind of what everybody else here is kind of thinking. Um I think I think what you're saying is fair. I think it that if we continue this to next month's meeting and you know communicate to them that you know we're giving them this you know last last chance to meet us in the middle essentially. Um and it shows that we are taking their concerns in good faith. Um I think we've shown that we've done that by requesting city staff to look into this option. Um, I think your comments about, you know, what they h how they're prepared to respond if if we were to have just said no without any other options to begin with, you know, are accurate, at least from my interpretation. Um, yeah. So, this feel continuing it feels like an opportunity to continue to act in good faith. um and in cooperation with with them and their business. Um yeah, that's my perspective. Appreciate that. Commissioner Avalon,

40:51 – 42:50Speaker 1

any thoughts? I'll I'll just share my perspective again in that um city staff have filed um a um very detailed report and all of the steps and options to meet compliance and to avoid a citation to to avoid a very costly um fee. And I and I truly respect what both of you are saying. I I I understand the need. You know, we're a very small town. you you know I I I also know that the Laras um um are Vine community members. They've lived here a long time and you know they um definite contributors to to bringing in um the restaurant business to our city. But at the same time I I I look at the documentation and it's and it's here plain as day that options were given. I I I I think I would um be swayed a little bit more had there been a response to those emails or phone calls. If I may make a procedural observation, uh because there is a bare quorum only of three, you do have to be unanimous in whatever decision you come to. So the the hearing will continue until that occurs. Comm Commissioner Alman, Commissioner Goss, I I feel that um the three of us may not necessarily be on the same wavelength. And so then then I'm going to concur that we may have to push to May. That's my opinion at this moment. Got it. Well, with that said, then can we have a motion? I'll make a motion to continue this

42:46 – 44:42Speaker 1

matter to the May meeting. Do we have a second? I'll second that motion that we push to May. Can we get a roll call? Um, could I just um There's been a lot of conversation, so I'm going to intercede for just a second. Sure. Um, the motion is very straightforward, but it might not convey what you discussed being a message to the applicant. apart from the continuence itself and if there is a message to send that would be helpful to include in your motion. Thank you. I will reward that. Um, I'll make a motion to push this to our May meeting with the understanding that uh communication will be made to the Laura family, letting them know that we will be voting on the decision regarding the appeal in May and that they have until that meeting to decide whether or not to accept the options proposed by city staff for the home occupation permit um for us to consider that all as a whole. Um but that we will be voting in May. Is that clear? Tried to sum that up. Okay. Okay. I I will second what you just eloquently stated for all of us. Yes, that was nicely done. Now, can we have a roll call, please? Of course. Commissioner Marilyn Abalon, I. Commissioner Eric Alman, I. Commissioner Shelby Goss, I. And Chair Devet Muhammad has recused herself from the item. All right. Um, can we wait just a moment while we get

44:42 – 46:42Speaker 1

There we go. and I will turn the gavl back to the chair. Thank you, Commissioner Alman. Moving on to business items. Oh, no. Yes. The fiscal year 202526 capital improvement program. All right. Good evening again, commissioners, uh, city of Merin Canyon community members. Erica Almond Smithy's public works director. um here presenting tonight the the capital improvement program draft or proposed projects for fiscal year 202526. I'll wait till the monitor comes online here. I have a very short PowerPoint so hold on just one second. There we go. While she's well um deputy clerk hall is working on it. All right. uh you on the dis and also as for the members of the public there's an updated project list here um that in the last week there was some additional projects that or as an outcome of the city council initiatives that were brought forward on the April 14 April 15th city council meeting. So some of those projects have been added that were not on here when it was published. So um those have been added. Uh there's not a big highlight, just that we want to try to include as much as possible to the planning commission prior to getting approved and meeting the goals as a general plan. Um with that being said, I'll go to the next sheet here. Um we're required the state of California government code section 65401 and 65402 to bring the capital pro um capital project program to the planning commission prior to um award um city council adoption of the budget. um in the 65402 I believe is the section where if we're doing property acquisitions right away where some of our projects like Green Island Road for example and or new open space there's property acquisitions that are um that were ongoing or or have been completed but were part of those projects so that's why it's been completed um included um recap of last year's we had uh 34 capital improvement projects on the plan

46:40 – 48:39Speaker 1

I think we actually ended up with 38 or no it was 34 um that were actually budgeted this here. And uh as you can see, I don't want to read through everything, but um we had a quite a busy workload out there. Um and you're finally seeing some of that construction going out right now. As far as Northampton Park, um we'll have restrooms going out to bid shortly. Um Silver Oak bathroom will going out, Wetland's Edge enhancement project. Um we did some work at the police um department parking lot, and we also have Nightsbridge underway, Rio Delmare, and the Green Allen Road project out to construction bids. So, there's a lot of activity going on right now in the neighborhoods and more to come with wetlands, the enhancement project. Um, and then this year we have a 41 proposed CIP projects. Um, we capitalize projects that are typically over $50,000 or greater um that are going to require a contract bid with contractors. Um, some of these projects are not all going to get completed um in the fiscal year. Oop, I said 2525. That was a typo by me. I apologize. The 25 26 fiscal year, a lot of these projects either might get started is like on it's more straightforward I believe on the council's initiatives. The milestones will reach in the the the next fiscal year getting con uh design consultants on board or issuing an RFP by next spring summer for award to council. So there'll be different stages of activity on these projects. not necessarily all in construction at once, just different design just going out to get planners just just at different stages of the project process. So, they're all there. We have 31 projects currently budgeted in some form of activity, 10 new projects proposed and and 256, again, I have a typo in there. Um there's two new civic uh facility projects. It's the charging stations um and the city monument sign

48:37 – 50:36Speaker 1

replacement project, updating all our citywide you welcomed American Canyon signage. I'm working on getting an RFP put out together and out and hiring a consultant by the end of next fiscal year um to start that process in public engagement on what we're looking for. Two park maintenance and improvement projects. We were awarded 12 million to start the next phase in the wetland restoration project which is the kayak launch uh the replacement of the north slooh culverts and um sustainability and longevity of sea level rise on the trail system. We also um have two exist and transportation projects. We were awarded a HIP grant because we're a affordable housing community. We received a $1.3 million earmark project budget for repairing streets and so we're we're putting that forward to the Melbourne paving rehabilitation project. So that whole length of Melvin Road uh to Casier Poco Way James to Donaldson and then the portion of Wilson Way to the corner, not Wilson Way. Yeah, Wilson Way to the corner where it starts to Andrew. So be nice to get that whole segment and route completed. Correct. The other one is uh the water enterprise. They have some smaller projects. One is not a surprise. It's their um SCADA electronic analytical um update. It was one project with the wastewater component, but now we split both plants because they have different things going on. Wastewater plants a much more modern facility and the water treatment plant is a 1970. You have a 2000 facility and a 1970s facility. So, um we split those out because there's going to be a lot more care taken at the water treatment plant. The wastewater enterprise, they added some sledge removal. That'll be an internal project that um staff will work with a contractor on. And then recycled water, we're working on getting the little league working underway with the zero water footprint. So um with that, I'll take any questions that you may have and if you want any more descriptions on these, they will be all added to the open gov portal once we're

50:34 – 52:33Speaker 1

approved the budget. Council blesses it and we can get it live to the rest of the community. Awesome. Thank you for the presentation. Commissioners, do you have any questions? Youth commissioner Wanda? Um, so my question is will any of the projects go over budget? Well, that's not an item for planning commission to ponder on. Uh, it's a great community question. We had those issues this year where we did not update project estimates accordingly with final designs. the a lot of these projects will be in various design stages. So as we come forward next year with implementation of those projects, we'll have refined engineer estimates and we will make sure we had some issues where we had pipe increases, considerable pipe of our underground projects. We had park projects go out to bid for the first time this year than in many years that were there was cost overruns on that we were unaware of. We're we're used to doing a lot of pavement projects, sidewalk projects, and we that's like our bread and butter of public works, but utilities u we've had forest majour issues where we're having high demands and the supply is not there. So, um we'll continue to struggle with that, but try to keep up to date our estimations. So, we're not going over bid and having to come to council asking for more money after the fact. Another one of my question is, are there any of these projects new or are they continuing from last year? Many of them are new. That's why I said there's 31 that are currently in the current budget. Some are removed because, as some of you may know, our parks is going have a master plan going forward this coming fiscal year. So, some projects like community park. Well, do we want a trail? Do we want to re redesign the the turf areas and we have a playground plan? You know, if we're going to be starting to peace meal some projects, shouldn't we have a more broader master plan citywide? I just picked Comm Park one just as an example because we had two different projects planned for that

52:32 – 54:30Speaker 1

site this coming year. Some are already ongoing. So instead of moving forward on those, let's wait, pause, do a master plan. We haven't done one since 2012. Make sure that's still what the community wants and see what's going on. Some of the park projects that were added like Lynwin Park improvements, the playground park improvements, those were already projects are already we have a concept in mind, but when it come to the broader what do we want to see at this park? We want to have a master plan in place to help us with that first. But um that's why I went over that last sheet here. That was the new projects that were added. They weren't defined in here. But as you can see on the numbers, if there is a CF26 on there, they will have a designation of an asterisk as far as new like the EV charging stations. We had a $100,000 grant come in to add more charging stations. We might pause on the type. The idea was solar when they first pushed that application forward, but maybe we want to pause and try to look at um the level three fast chargers. That's a community draw. And um the monument sign replacement is a a council initiative they added to this year's fiscal or next year's fiscal year project. The wetlands restoration was a grant we were awarded. So yes, we're moving that project forward. Um same goes with the HIPPA award Melvin replacement project and then some of the water projects, enterprise projects. Thank you. You're welcome. Hope that answers your question. I have um Okay, Commissioner Goss. Yeah, thank you for that presentation. A lot of exciting work happening. Um you said that more detail regarding the project milestones will be presented to city council. They were brought to council were already. Yes. Okay. Okay, great. Yeah. Um yeah, just curious about how much progress each project is proposed to make in the next year. Yeah. And it's it's it's included really detailed on each project. Um they're not all of them are on here. Some of them were enterprise projects that they're going to be doing as as staff and not necessarily through engineering with

54:29 – 56:29Speaker 1

engineering's assistance of course as needed. But the um but most of the the the projects you'll see in the front facing um those are in that initiative document last that was attached to the staff report last week. Okay. Thanks. and we update quarterly council like the status and the schedule where things are at. So, Commissioner Alman, thank you for the presentation and I I appreciate the questions from our youth commissioner um because it brought something uh to mind for me. You mentioned something that I am acutely aware of because of the nature of my professional career which is shy bonding. So cost overruns issues occurring with supply chain and so on are things that I am unfortunately all too familiar with. Yes. And so what what I'm going to suggest and offer is if it would ever help for whether it's you or somebody in your office when you're seeing some things to reach out to me, please feel free to do so. If you'd ever like me to come in and talk about the whole world of shity and how it intersects with city government, I am more than happy to do it. Okay. Um, it's something that I had talked uh when our city manager was in your shoes though those many years ago. Talked to him about doing. Never quite happened. But, um, it's it's an offer, you know, though that I'm happy to extend. I've been in the shy world for 40 years.

56:26 – 58:26Speaker 1

So, I appreciate that. you we we haven't seen a force majour come across our desk since the Develin road extension project four years ago but that's force majour is where the contractor says I have it's beyond my I I can't I can't what's the word it's beyond my uh it's out of my grasp I can't I can't it's out of my control it's an act of God it's what whatever there there are lots of different ways but yes it's uh so but um yeah I think that'd be Right. If we if we get to that point, I'm hoping that these numbers we get projects moving fast enough like Nice Ridge, they're already placing pipe out there. But so long as well well but again I mean if you don't if if the contractor doesn't have the pipe on hand and so that becomes one of the issues is to find out when you're negotiating or looking at bids to put in the bid specs things about identifying whether they have adequate materials on hand or if they're going to have to go purchase pipe especially with all the tariff issues right now right I mean you know Look, where do we get most of our lumber from? Canada. Where do we get, you know, I mean, where do we get most of those? Where do we get most of the steel from? It's not coming in from the US. So, it's coming from Asia somewhere for the most part. And so, you've got all of these issues and there there are different ways to see about attacking them to try and deal with the cost overruns issues. and and and again those that's I mentioned because those are things that I deal with regularly and I might have some ideas some of which I've just mentioned um to kind of help the city out. I appreciate that because you're just pointing point in hand is like the bathrooms or the the playground replacement project um where are they buying the materials from and having the first order of businesses that they get those ordered within the first week and those proceed. I've done that before where we've staged that where they've

58:24 – 1:00:20Speaker 1

gotten things in hand and ordered immediately. So I appreciate that. reminder. And a handout if um our city attorneys will allow it. All right. Any other questions? I'd like to open up to public comment. Anybody? Is there anyone in the room? And we don't have anyone on Zoom. I will go ahead and close public comment. May I have a motion? Just doing my job. Do you have it? One more other thing is that since I did update the exhibit A that make sure if you do make a motion to approve the resolution tonight that the the update exhibit A gets attached to the resolution. Thank you. Um, yes. I'll make a motion to adopt a resolution determining that the fiscal year 202526 capital improvement program is consistent with the general plan. I'd like to second that motion. Nicole, roll call, please. I mean mot call, please. Commissioner Marilyn Abalan, I. Commissioner Eric Alman, I. Commissioner Shelby Goss. Hi. Chair Devet Muhammad. I thank you.

1:00:22 – 1:02:22Speaker 1

Alrighty. Uh, Director Cooper, management and staff oral reports. Right. Thank you, Chair Muhammad. Um, I just have a brief update for you. Um, on item 8, page three, the residences. Oh, I'm sorry. That one's still withdrawn. Um, I think I told you that last meeting. on the prior page on page two promontory pedestrian modification um I guess when when projects go to grading a lot of what they thought they could do during the time they see you changes and so then um they had proposed deleting pedestrian connections from uh the harvest neighborhood to the vine trail and from the vine trail to a nice path around the detention basins in the promontory project. So, we've been working with the applicant to modify their plans and reintroduce those connections because it's so nice of a feature to have through the neighborhood. Um, and so we've been making a lot of progress on that. So, uh, assuming we can wrap it up, this would be a staff level approval and they can go forth and great and we can all take comfort knowing that it'll be conveniently designed for active use. Awesome. Um the general plan uh kind of moving way ahead here. All the development contracts are are construction is all kind of moving forward. Um I guess I can say I'm not sure I think this is fairly new. The Oatill project, the um residential one, the contractor uh was changed by the ownership to a new contractor. Um, and so it's not going to look or feel any different for anybody, but uh, there's a new team in charge. The head person from the old team has moved to the new team. Um, but there's some paperwork on our part to switch over all the building permits. Um, and there may be a little hiccup in in the pace in which it gets built, but it's all going to resume and

1:02:19 – 1:04:17Speaker 1

and get built. Um so in case that comes up, um the comprehensive general plan been uh uh visiting our friends over at the OSATS commission and parks commission. Uh it was a workshop with the city council last week and I got word today that the airport land use commission will review the general plan update on May 7 there by the airport. Um so it's nice to see things moving forward on schedule. Um and let's see the um I attended a regional climate action plan meeting. This has been in the works for quite a few years, mostly with our elected officials as throughout the county. Um but they've made a lot of progress and so it's being um sort of delegated more to the staff level in each of the jurisdictions in Napa County. Um so we had a meeting on that. We'll be meeting every two months. Um, and then they'll be starting an environmental review for the uh, climate action plan. Evidently, climate action plans are not immune from being sued for environmental issues. Hard to believe, but okay. So, um, and then let's see, there will be a workshop here at city hall on the first floor in our brand new education annex on the ground floor near the parking lot um to talk about the highway 29 um, PID plan. I'm not sure what elegant word there is for that, but Oh, thanks for bringing it up. But um that is will be happening between 5:30 and 7 pm in the education room. So uh date it will be next Wednesday the 30th. And um they'll be telling you about it, but they also are organized to receive input.

1:04:16 – 1:04:55Speaker 1

Do you know if that's going to be broadcasted on Zoom as well or is it just a Okay. I don't think we have the capacity for Zoom broadcast downstairs. That's a good question. You'll just have to come. All right. And that's my update for you. Thank you. Thank you, Director Cooper. Do we have any commissioner items? All righty. With that, I would like to adjourn the meeting at 7:35. Good night, American Canyon. [Applause]

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.