CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, October 6, 2020 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 Doris Gentry Councilmember Liz Alessio Councilmember Mary Luros Councilmember Scott Sedgley 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 October 6, 2020 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. PUBLIC COMMENT: **See provisions on pages 5-6 for providing public comment. 4. CONSENT CALENDAR: 4.A. 311-2020 Senior Advisory Commission Membership Recommendation: Appoint incumbents, Steve C. Rodriguez, Linda J. Leonard, Mark E. Lucas and Margaret H. Klick to the Senior Advisory Commission for terms effective immediately and ending on September 30, 2022; and designate Margaret H. Klick as Senior Agency Representative. Attachments: ATCH 1 - Applications 4.B. 312-2020 Housing Authority of the City of Napa Board Membership Recommendation: Appoint incumbents, Carol Hamilton and Johanna Moore, to the Board of Commissioners of the Housing Authority of the City of Napa for terms effective immediately and ending on September 30, 2022. Attachments: ATCH 1 - Applications 4.C. 313-2020 Napa Valley Transportation Authority (NVTA) Citizen Advisory Committee (CAC) Membership Recommendation: Approve the recommended appointment of Gary Woodruff as the City of Napa representative to the Napa Valley Transportation Authority (NVTA) Citizen Advisory Committee (CAC) for a two-year term to begin the date of the approval by the Napa Valley Transportation Authority Board of Directors. Attachments: ATCH 1 - Application 4.D. 324-2020 Industrial Plumbing Materials for Water Distribution System Operation Recommendation: Authorize the Utilities Director to execute contracts for Fiscal Year 2020-2021 with Pace Supply Corp. in an amount not to exceed $400,000 for various industrial plumbing materials, for use in City of Napa's potable water distribution system, and determine this action is exempt from CEQA. Page 2 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 4.E. 325-2020 43 Bremen Court, a Self-Help Affordable Housing Unit in the Pioneer Village Subdivision Recommendation: Adopt a resolution authorizing the Community Development Director to execute a Termination of Agreement terminating the City's right of first refusal to purchase the property located at 43 Bremen Court, Napa (APN: 004-670-011-000), and to execute a new Grant of Right of First Refusal with the new purchasers of the property. Attachments: ATCH 1 - Resolution ATCH 2 - City of Napa Termination of Agreement 4.F. 326-2020 Asset Forfeiture Funds Recommendation: Approve a revenue budget increase of $98,000 and an expenditure budget increase of $98,000 in the Non-Recurring General Fund, which represents the receipt and future usage of Civil Asset Forfeiture funds, as documented in Budget Adjustment Form No. BE2110501. Attachments: ATCH 1 - Budget Adjustment No. BE2110501 5. ADMINISTRATIVE REPORTS: 5.A. 216-2020 Sidewalk Cost Share Program Recommendation: Adopt a resolution authorizing the City Manager and Public Works Director to establish administrative regulations to implement the City's Sidewalk Cost Share Program, and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution 5.B. 272-2020 Proclamation of Local Emergency to Respond to the Coronavirus (COVID-19) Recommendation: Continue the Proclamation of Local Emergency authorizing the City Manager to take actions necessary to respond to the Coronavirus (COVID-19); and ratify actions taken by the City Manager in implementation of the Proclamation of Local Emergency. 5.C. 283-2020 COVID-19 Recovery Update Recommendation: Receive a report regarding proposed initiatives to recover from the adverse impacts of the COVID-19 pandemic, and provide input and comments. Attachments: ATCH 1 - Recommended Recovery Team Initiatives 6. COMMENTS BY COUNCIL OR CITY MANAGER: CITY COUNCIL RECESS 6:30 P.M. EVENING SESSION Page 3 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 7. CALL TO ORDER: 7.A. Roll Call: 8. PLEDGE OF ALLEGIANCE: 9. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 10. PUBLIC COMMENT: **See provisions on pages 5-6 for providing public comment. 11. PUBLIC HEARINGS/APPEALS: 11.A. 299-2020 Tobacco/Smoking Regulations Recommendation: Approve the first reading and introduction of an ordinance amending the Napa Municipal Code by repealing Chapter 5.20 ("Cigarette Vending Machines"); repealing Chapter 8.20 ("Smoking") and replacing it with a new chapter 8.20 ("Smoking Regulations"); and amending sections 12.36.005 ("Definitions") and 12.36.280 ("Smoking Prohibited in all City Parks") relating to smoking in City parks. Attachments: ATCH 1 - Ordinance with Exhibit A 12. COMMENTS BY COUNCIL OR CITY MANAGER: 13. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is October 20, 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 Thursday, October 1, 2020 at 5:00 p.m. _______________________________ Caitlin Saldanha, Deputy City Clerk Page 4 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 ** CORONAVIRUS (COVID-19) - Notice of Meeting Procedures ** TELECONFERENCE MEETING In order to slow the spread of the Coronavirus (COVID-19) pandemic, the City will conduct this meeting as a teleconference in compliance with the Governor’s Executive Orders N-29-20 and N-63-20, and members of the City Council or City staff may participate in this meeting telephonically or electronically. The City Council Chambers will be closed to the public, and members of the public may participate in the meeting by viewing the meeting live, and providing comments, as described below. VIEWING THE MEETING LIVE All members of the public are invited to view the meeting live on: (a) local cable TV Channel 28; or (b) live-streamed on the City of Napa’s website at www.cityofnapa.org (see: https://napacity.legistar.com/Calendar.aspx; and click on the “In Progress” button). PROVIDING COMMENTS VIA TELEPHONE If you would like to provide comments via telephone during the Council meeting, you must submit a request to the City Clerk by no later than 3:00 p.m. on Tuesday, October 6, 2020. The request may be submitted to the City Clerk by emailing clerk@cityofnapa.org, or by calling (707) 257-9503. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number and letter you would like to comment on. On the day of the Council meeting, a representative from the City Clerk’s Office will call you to connect you to the Council meeting to allow you to provide your comments to the Council via telephone. PROVIDING WRITTEN COMMENTS VIA EMAIL TO BE READ AT THE MEETING Any member of the public may provide a written comment to the City Council before or during the meeting by sending it to the City Clerk via email at: clerk@cityofnapa.org. If you are commenting on a particular item on the agenda, please identify the agenda item number and letter. Any comment of 500 words or less (per person, per item) will be read into the record if: (1) the subject line includes “COMMENT TO COUNCIL FOR OCTOBER 6, 2020 MEETING – PLEASE READ”; and (2) it is received by the City Clerk prior to the time for public comment during the meeting for that agenda item. Please be aware that any public comments received that do not specify a particular agenda item number will be read aloud during the general public comment portion of the agenda. Due to potential technological delays in transmission, the public is encouraged to submit any comments to the City Clerk early, in order to ensure they are received in time to be read into the record. Page 5 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 PROVIDING WRITTEN COMMENTS IN PAPER FORM TO BE READ AT THE MEETING Any member of the public may provide a written comment in a paper form (handwritten or typed) to the City Council if it is received by no later than 3:00 p.m. on Tuesday, October 6, 2020, by either: (a) placing the comment in an envelope addressed to the attention of the City Clerk, and depositing it in the “NIGHT DEPOSIT - PAYMENTS” slot located at the front door of City Hall at 955 School Street; or (b) making arrangements for a personal delivery in advance, by calling the City Clerk’s office at 707-257-9503. If you are commenting on a particular item on the agenda, please identify the agenda item number and letter. Any comment of 500 words or less (per person, per item) will be read into the record if: (1) the comment includes “COMMENT TO COUNCIL FOR OCTOBER 6, 2020 MEETING – PLEASE READ”; and (2) it is received by the City Clerk prior to 3:00 p.m. on October 6, 2020. Please be aware that any public comments received that do not specify a particular agenda item number will be read aloud during the general public comment portion of the agenda. The public is encouraged to submit any comments to the City Clerk early, in order to ensure they are received in time to be read into the record. PROVIDING SUPPLEMENTAL WRITTEN COMMENTS Any member of the public may provide supplemental written comments to the City Council before or during the meeting, beyond the 500 word limit for comments read into the record, and those supplemental written comments will be made a part of the written record in accordance with the Council’s Rules of Order and Procedures (R2016-6). VIEWING ARCHIVED WEBCASTS OF PAST MEETINGS Members of the public may access past City meetings at any time by going to https://napacity.legistar.com/Calendar.aspx; which includes an indexed listing of past meetings, including supporting documents, minutes, and video. The City of Napa thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Page 6 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS MEETING DATES: The City Council meets regularly on the first and third Tuesday of each month; and additional meetings may be scheduled as needed. INFORMATION AVAILABLE FOR CITY COUNCIL MEETINGS: Information and documents related to this meeting are available on the City ’s website at www.cityofnapa.org; or by contacting the City Clerk 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 offers its public programs, services, and meetings in a manner that is reasonably accessible to everyone, including individuals with disabilities. The City 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), or if you need any special assistance to participate in this meeting, 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 as much advance notice as feasible, at least 48-hours prior to the meeting. TRADUCCIONES EN ESPAÑOL / SPANISH-LANGUAGE TRANSLATIONS: Esta agenda identifica los asuntos que serán considerados para la acción de un cuerpo legislativo de la Ciudad en la fecha, hora y lugar que se muestran en la primera p ágina. Todas las juntas del cuerpo legislativo están abiertas al público, y se invita a los miembros del público a asistir y dirigirse directamente ante el cuerpo legislativo. Si solicita ayuda para traducir del inglés al español esta agenda o información relacionada, comuníquese con la Secretaria de la Ciudad al 707-257-9503 o por correo electrónico a clerk@cityofnapa.org. Para una solicitud de asistencia, favor de avisar con al menos 48 horas de anticipación. CONDUCT OF CITY COUNCIL MEETINGS: The City Council conducts its meetings 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, R2016-6). 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 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. Page 7 of 8 Printed on 10/1/2020 CITY COUNCIL REGULAR MEETING AGENDA October 6, 2020 Speaker cards are used to promote the efficient and orderly progress of the meeting; however, a card is not required if the speaker otherwise makes a clear and timely request to address the Council. Information on Speaker cards is subject to public disclosure under the California Public Records Act. CONSENT CALENDAR: Items on the Consent Calendar are considered routine and may be approved by a single vote of the City Council . Unless otherwise authorized by the Mayor or a majority of the City Council, public input for items on the Consent Calendar may be required during the Public Comment portion of the meeting. ADMINISTRATIVE REPORTS Unless otherwise authorized by the Mayor or a majority of the City Council, public input for items on the Administrative Reports portion of the agenda may be required during the Public Comment portion of the meeting. CONSENT HEARINGS: Items on the Consent Hearing portion of the agenda 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, an opportunity will be provided for public testimony when 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 testimony. 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 8 of 8 Printed on 10/1/2020