CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, December 17, 2019 3:30 PM Afternoon Session 6:30 PM Evening Session City Hall Council Chambers 955 School Street Napa, CA 94559 www.cityofnapa.org CITY COUNCIL Mayor Jill Techel Vice Mayor Scott Sedgley Councilmember Liz Alessio Councilmember Doris Gentry Councilmember Mary Luros See last pages of agenda for information regarding meeting procedures Vea las últimas páginas de esta agenda para información sobre juntas del poder legislativo CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. PUBLIC COMMENT: 4. CONSENT CALENDAR: 4.A. 2153-2019 City Council Meeting Minutes Recommendation: Approve the Meeting Minutes for the November 5, 2019 Regular City Council Meeting. Attachments: ATCH 1 - November 5, 2019 Draft Regular City Council Meeting Minutes 4.B. 2128-2019 Emergency Repair of Browns Valley Creek Damage to Browns Valley Road at Valley Glen Lane Recommendation: Determine there is a need to continue the emergency action to execute and implement contracts for the design, permitting and construction of the creek bank and sidewalk repairs adjacent to Browns Valley Creek at Browns Valley Road and Valley Glen Lane, and determine that the actions authorized by this item are exempt from CEQA. 4.C. 2156-2019 Napa Countywide Road Maintenance Act (Measure T) - Maintenance of Effort Recommendation: Adopt a resolution certifying Measure T Maintenance of Effort for Fiscal Year 2019. Attachments: ATCH 1 - Resolution EX A - Maintenance of Effort FY19 4.D. 2063-2019 "Maddy Act" 2020 Local Appointments List for the City of Napa Boards, Commissions and Committees Recommendation: Receive and file the Annual Appointments List highlighting upcoming term vacancies occurring in the next year of City boards, commissions and committees. Attachments: ATCH 1 - Local Appointments List Page 2 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 4.E. 2163-2019 Third Amendment to City-County MOU for Napa County use of City MDF Recommendation: Authorize the Utilities Director to execute the third amendment to the Memorandum of Understanding (City Agreement No. 8782, County Agreement No. 6430) for continued Napa County use of the City's Materials Diversion Facility (MDF) through December 31, 2030, and determine that the recommended action is not subject to CEQA. Attachments: ATCH 1 - Amendment No. 3 to Memorandum of Understanding 4.F. 2142-2019 CalCHA Middle Income Rental Housing Program Recommendation: Adopt a resolution authorizing the City to become an additional member of the California Community Housing Agency ("CalCHA"); supporting CalCHA's issuance of tax-exempt bonds for the production, preservation, and protection of essential middle-income rental housing; and authorizing the City Manager to enter into purchase option agreements with CalCHA for essential middle-income rental housing created within City limits. Attachments: ATCH 1 - Resolution ATCH 2 - CalCHA JPA Agreement ATCH 3 - CalCHA JPA Agreement Amendment ATCH 4 - CalCHA Purchase Option Agreement 4.G. 2154-2019 Limited Term Housing Specialist Recommendation: Adopt a resolution authorizing the City Manager to amend the Position Staffing Plan by adding one Limited Term Housing Specialist position for a one-year term; and deleting one vacant Housing Specialist position for the same one-year term. Attachments: ATCH 1 - Resolution 4.H. 2160-2019 HOME Funding Application Recommendation: Adopt a resolution authorizing the submittal of an application to the California State Department of Housing and Community Development for a grant of up to $1,000,000 under the HOME Investment Partnership Program. Attachments: ATCH 1 - Resolution 4.I. 2161-2019 Monthly Budget and Investment Statement Recommendation: Receive and file the Monthly Budget and Investment Statement as of October 31, 2019. Attachments: ATCH 1 - Monthly Budget & Investment Statement as of October 31, 2019 Page 3 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 5. ADMINISTRATIVE REPORTS: 5.A. 2100-2019 Vice Mayor Selection Recommendation: Appoint a Councilmember to serve as Vice Mayor for a term ending December 15, 2020. Attachments: ATCH 1 - Section 59A - City Charter 5.B. 2064-2019 2020 City Council Appointments to Local, Regional, and State Boards, Councils, Committees, and Commissions Recommendation: Adopt a resolution appointing members of City Council to local, regional, and state boards, councils, commissions and committees for the year 2020. Attachments: ATCH 1 - Resolution EX A - 2020 CITY COUNCIL APPOINTMENTS ATCH 2 - 2019 CITY COUNCIL APPOINTMENTS ATCH 3 - City Council Bd, Council, Committee, & Commission Descriptions 5.C. 2158-2019 Vaping and E-Cigarette update Recommendation: Receive report and presentation on vaping and e-cigarettes. 5.D. 2132-2019 Dwight Murray Plaza Improvements Recommendation: 1) Receive report on possible low-cost enhancements to Dwight Murray Plaza and provide direction to staff on short-term improvements; and 2) Receive report on status of Dwight Murray Plaza renovation project and direct staff whether to include the project for consideration as a City Council Priority in the upcoming City Council Workshop. Attachments: ATCH 1 - Short Term Enhancements Options ATCH 2 - Dwight Murray Plaza Concept Plan 2016 ATCH 3 - “Veil of Water” public art concept by Ned Kahn 6. CONSENT HEARINGS: 6.A. 2120-2019 Pietro Place Extension - Extension of an Approved 171-unit Residential Condominium Project Recommendation: Adopt a resolution approving a two-year extension of the previously approved Tentative Subdivision Map, Use Permit, Design Review Permit, and Sign Permit for the Pietro Place Project (PL15-0138 and PL16-0156) and determining that the actions authorized by this Resolution were adequately analyzed by a previous CEQA action. Attachments: ATCH 1 - Draft Resolution ATCH 2 - PC Staff Report and draft Minute excerpts 11-21-19 ATCH 3 - Resolution R2016-7 ATCH 4 - Resolution R2016-8 ATCH 5 - Minor Amendment No. PL16-0156 ATCH 6 - Approved Plans amended by PL16-0156 ATCH 7 - Applicant's Extension Description Page 4 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 6.B. 2141-2019 Accessory Dwelling Unit (ADU) Ordinance Amendment Recommendation: Approve an urgency ordinance amending Napa Municipal Code Section 17.52.015 "Accessory Dwelling Units (ADU)" to implement State legislation that will be effective on January 1, 2020; and determining that the actions authorized by this Ordinance are exempt from CEQA. Attachments: ATCH 1 - ADU Amendment Urgency Ordinance 6.C. 2152-2019 Napa Countywide Road Maintenance Act (Measure T) - Updated 5-Year Work Plan Recommendation: Adopt a resolution approving the updated five-year list of projects under the Measure T Program, and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution EX A - Updated 5-Year Work Plan 7. PUBLIC HEARINGS/APPEALS: 7.A. 2144-2019 Napa Pipe Development Project - Three Agreements Regarding the Allocation of Credit for Proposed Affordable Housing Recommendation: Adopt a resolution: (1) authorizing the City Manager to execute two agreements on behalf of the City with Napa County for: (a) Agreement Regarding Annual Reporting of Affordable Housing Production to the California Department of Housing and Community Development for Affordable Housing Units Constructed in the City's Jurisdiction on the Napa Pipe Property, pursuant to SB 235 (California Government Code Section 65584.08; the "SB 235 Agreement"); and (b) First Amended and Restated Memorandum of Agreement Regarding Regional Housing Needs Allocations for Future Housing Element Periods (City Agreement C2015-220; "RHNA Agreement"); and (2) authorizing the City Manager to execute an agreement on behalf of the City with Napa County and Napa Redevelopment Partners, LLC, Relating to the proposed amendment to the Development Agreement for the Napa Pipe Property ("Memorandum of Understanding/MOU"); and (3) determining that the potential environmental effects were adequately analyzed by a previous CEQA action. Attachments: ATCH 1 - Resolution EX A to ATCH 1 - Napa Pipe SB 235 Draft Agreement EX B to ATCH 1- RHNA Agreement Update EX C to ATCH 1- MOU ATCH 2 - Napa Pipe Land Use Plan (Proposed) ATCH 3 - 2019 Addendum to the Napa Pipe Environmental Impact Report 8. COMMENTS BY COUNCIL OR CITY MANAGER: Page 5 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 9. CLOSED SESSION: 9.A. 2170-2019 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957): Title: City Manager; and CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6): Agency designated representative is the Mayor, and unrepresented employee is the City Manager. 9.B. 2169-2019 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)): Significant exposure to litigation in one potential case. CITY COUNCIL RECESS 6:30 P.M. EVENING SESSION 10. CALL TO ORDER: 10.A. Roll Call: 11. PLEDGE OF ALLEGIANCE: 12. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 13. REPORT ACTION TAKEN IN CLOSED SESSION: 14. PUBLIC COMMENT: 15. ADMINISTRATIVE REPORTS: 15.A. 1952-2019 Inclusionary Housing Report Recommendation: Receive a report on the advantages and disadvantages of implementing an inclusionary housing requirement and provide direction to staff on potential policy changes to encourage new affordable housing within market-rate projects. Attachments: ATCH 1 - BAE Report Page 6 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 16. PUBLIC HEARINGS/APPEALS: 16.A. 2124-2019 Caritas Affordable Apartments Project - New 20-unit Apartment Complex on 0.74 Acres at 2375 Old Sonoma Road Recommendation: Adopt a resolution approving a Design Review Permit allowing an increased height of up to 36'4", a Density Bonus and two reductions to development standards (reduced front setbacks and reduced vegetation screening for parking) for a 20-unit apartment complex and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution EX A to Resolution ATCH 2 - PC 11-07-19 Staff Report, Plans and Minute excerpts ATCH 3 - Project Renderings 17. COMMENTS BY COUNCIL OR CITY MANAGER: 18. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is January 21, 2020. I hereby certify that the agenda for the above stated meeting was posted at a location freely accessible to members of the public at City Hall, 955 School Street, on Friday, December 13, 2019 at 3:30 p.m. _______________________________ Tiffany Carranza, City Clerk Page 7 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 MEETING DATES: The City Council meets regularly on the first and third Tuesday of each month; additional meetings may be scheduled as needed. INFORMATION AVAILABLE FOR CITY COUNCIL MEETINGS: Information and documents related to items on this agenda are available on the City ’s website at www.cityofnapa.org; you may also contact the City Clerk for information by email at clerk@cityofnapa .org; by calling (707) 257-9503; or in person at 955 School Street, Napa. Any documents related to an agenda item that are provided to a majority of the City Council after distribution of the agenda packet are reported by the City Clerk at the meeting under “Supplemental Reports and Communications,” and are available for public inspection. CITY POLICY TO FACILITATE ACCESS TO PUBLIC MEETINGS: The City of Napa complies with all applicable requirements of the Americans with Disabilities Act and California law, and does not discriminate against any person with a disability. If any person has a disability and requires information or materials in an appropriate alternative format (or any other reasonable accommodation), contact the City Clerk at (707) 257-9503 or email at clerk@cityofnapa.org. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, for text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. In making any request to the City for assistance, please provide advance notice of at least three business days prior to the meeting. TRADUCCIONES EN ESPAÑOL / SPANISH-LANGUAGE TRANSLATIONS: Esta agenda identifica los asuntos que serán considerados en una junta del poder legislativo. Todas las juntas del poder legislativo están abiertas al público, y se invita a los miembros del público a asistir y dirigirse directamente ante el poder legislativo. Si usted desea recibir una copia de esta agenda o informaci ón relacionada en español, por favor póngase en contacto con la Secretaria de la Ciudad al 707-257-9503 o por correo electrónico a Clerk@cityofnapa.org. CONDUCT OF CITY COUNCIL MEETINGS: Meetings are conducted in accordance with the requirements of state law (the “Ralph M. Brown Act,” California Government Code Sections 54950, et seq.) and the City’s Rules of Order (Council Policy Resolution 19). Members of the public may address the Council at designated times and are expected to conduct themselves with courtesy and respect. Speakers should direct comments to the Mayor and City Councilmembers, not the audience . Speakers are expected to yield the floor when the time limit is identified and comply with the City ’s Rules of Order. Speaking times are limited to no more than three minutes per person, with the exception of certain hearings and appeals, or at the discretion of the Mayor or City Council. PUBLIC COMMENT (INCLUDING CONSENT CALENDAR AND ADMINISTRATIVE REPORTS): The public may directly address the City Council on any subject within the Council ’s subject matter jurisdiction, including any matter that is not on the agenda. Speaking time is limited to no more than three (3) minutes per person, unless modified at the discretion of the Mayor or City Council. If the matter is not on the agenda, or if the matter is on the Consent Calendar, or is an Administrative Report, submit a speaker card or request to speak during the Public Comment portion of the meeting. Speaker cards are not required if the speaker otherwise makes a clear and timely request to address the Council, but do promote the efficient and orderly progress of the meeting. Information on Speaker Cards is subject to disclosure under the California Public Records Act. CONSENT CALENDAR: These items are considered routine and may be approved by a single vote. Only the Mayor or a majority of the City Page 8 of 9 Printed on 12/13/2019 CITY COUNCIL REGULAR MEETING AGENDA December 17, 2019 Council may authorize public input after the consent calendar is introduced. ADMINISTRATIVE REPORTS Only the Mayor or a majority of the City Council may authorize public input after an administrative report item is introduced. CONSENT HEARINGS: These items are considered routine and may be approved by a single vote; however, any member of the public or City Council may remove an item for consideration during the public hearing portion of the agenda. PUBLIC HEARINGS/APPEALS During any public hearing or appeal, any person may directly address the City Council. Applicants (or appellants) are allowed 10 minutes to present testimony at the beginning of the public hearing, and if needed, 5 minutes to present rebuttal at the end of the public hearing. All other speakers will be limited to 3 minutes. CLOSED SESSION The City Council is authorized to meet in closed session, without attendance by the public, on limited confidential topics such as pending litigation, real property negotiations, or personnel or labor matters. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000 - 21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000 - 15387). For each item that requires a CEQA determination by City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this Agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this Agenda. CHALLENGES TO DECISIONS MADE BY THE CITY COUNCIL: If a person wishes to file a legal challenge to any decision made by the City Council, you may be limited to raising only those issues which you or someone else raised during the meeting, or in a written communication received by the City Clerk prior to or during the meeting. In addition, a legal challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. The time limit to commence any legal challenge may be subject to strict timing requirements, and failure to comply with applicable timing requirements may result in a legal challenge being barred. Any lawsuit or legal challenge to any quasi -adjudicative decision made by the City Council is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by City Council must be filed no later than the 90th day following the date on which such decision becomes final. Page 9 of 9 Printed on 12/13/2019