CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL Tuesday, September 7, 2021 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 Scott Sedgley Vice Mayor Liz Alessio Councilmember Mary Luros Councilmember Bernie Narvaez Councilmember Beth Painter See last pages of agenda for information regarding meeting procedures Vea las últimas páginas de esta agenda para información sobre juntas del poder legislativo  REGULAR MEETING AGENDA September 7, 2021 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. PUBLIC COMMENT: *See page 7 for procedures to provide comments to Council. 4. CONSENT CALENDAR: 4.A. 338-2021 City Council Meeting Minutes Recommendation: Approve the August 17, 2021 Regular Meeting Minutes. Attachments: ATCH 1 - August 17, 2021 Regular Meeting Minutes 4.B. 310-2021 Encouraging Action by Other Governmental Agencies During the League of California Cities (“Cal Cities”) Annual Conference Recommendation: Authorize the City's voting delegate at the Cal Cities Annual Conference Business Meeting, on September 24, 2021, to vote in favor of two proposed Cal Cities resolutions: (1) call on the State Legislature to pass legislation that provides for a fair and equitable distribution of the Bradley Burns 1% local sales tax from in-state online purchases; and (2) to call on the Governor and the State Legislature to work with Cal Cities to provide adequate regulatory authority and necessary funding to assist cities with railroad right-of-way areas to address illegal dumping, graffiti, and homeless encampments that proliferate along the rail lines and result in public safety issues. Attachments: ATCH 1 - 2021 Cal Cities Voting Delegate Letter ATCH 2 - Proposed Cal Cities Resolution 1 ATCH 3 - Proposed Cal Cities Resolution 2 ATCH 4 - 2021 Cal Cities Annual Conference Resolutions Packet 4.C. 332-2021 Parks, Recreation and Trees Advisory Commission Membership Recommendation: Appoint Quincy D. Frommelt as the High School Student Representative to the Parks, Recreation and Trees Advisory Committee, with a two-year term expiring June 30, 2023 or until the student graduates from High School. Attachments: ATCH 1 - Application CITY COUNCIL Page 2 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 4.D. 155-2021 City Employee Recognition Program Recommendation: Adopt a resolution authorizing the City Manager to establish and implement administrative regulations to recognize City employees for their years of service and for their extraordinary contributions to the City. Attachments: ATCH 1 - Resolution 4.E. 325-2021 Amendment to Water Supply Agreement with St. Helena Recommendation: Authorize the Utilities Director to execute Amendment No. 4 to the Water Supply Agreement between the City of Napa and the City of St. Helena (City of Napa Agreement No. 9381) allowing for 114 acre-feet of undelivered water from fiscal year 2020-21 to be delivered to St. Helena over the next five fiscal years. Attachments: ATCH 1 - Amendment No. 4 to Agreement No. 9381 ATCH 2 - Agmt No. 9381 with Amendments 1-3 4.F. 322-2021 Edward Barwick Jamieson Canyon Water Treatment Plant Fall Protection Improvements Recommendation: Adopt a resolution: (1) authorizing the Utilities Director to award a construction contract to, and execute a construction contract with, Performance Mechanical, Inc. for the Edward Barwick Jamieson Canyon Water Treatment Plant (EBJCWTP) Fall Protection Improvements Project in the bid amount of $147,986; (2) authorizing the Utilities Director to execute change orders and charges for project services up to $39,000 for a total project amount not to exceed $186,986; (3) approving the transfer of $57,073 from Water CIP Reserves to EBJCWTP Fall Protection Improvements CIP as documented in Budget Adjustment No. BE 2209501 and (4) determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH1 - Resolution EX A - Budget Adjustment No. BE 2209501 4.G. 323-2021 Amendment to City-County MOU for Napa County use of City’s Materials Diversion Facility Recommendation: Authorize the Utilities Director to execute Amendment No. 4 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, with an option for five mutually agreed one-year extensions. Attachments: ATCH 1 - MOU Amendment No 4 City No 8782 County No 6430 CITY COUNCIL Page 3 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 4.H. 335-2021 Community Development Block Grant (CDBG) Program Consolidated Annual Performance Evaluation Report (CAPER) 2020-2021 Recommendation: Adopt a resolution approving the CDBG Fiscal Year 2020-2021 Consolidated Annual Performance Evaluation Report (CAPER). Attachments: ATCH 1 - Resolution EX A - CAPER 4.I. 329-2021 Vehicle Replacement for the Public Works Department Recommendation: Adopt a resolution authorizing the Public Works Director to execute an agreement for the purchase of a replacement F-450 Stencil Paint Truck in an amount not to exceed $145,500 for the Public Works Department. Attachments: ATCH 1 - Resolution 4.J. 333-2021 On-Call Structural Engineering Services Recommendation: Authorize the Public Works Director to execute on behalf of the City an agreement with Biggs Cardosa Associates, Inc., for task-order based on-call structural engineering services in an amount not to exceed $500,000. Attachments: ATCH 1 - Agreement with Biggs Cardosa Associates, Inc. 5. ADMINISTRATIVE REPORTS: 5.A. 267-2021 Pension Update, September 2021 Recommendation: Receive a presentation from GovInvest on pension funding concepts as the next step in developing a pension funding policy. Attachments: ATCH 1 - Pension Primer ATCH 2 - PowerPoint Presentation 5.B. 274-2021 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. 336-2021 Emergency Replacement of Oak Street Storm Drain Recommendation: Adopt a resolution determining there is a need to continue the emergency action to execute and implement contracts for the construction to replace the Oak Street Storm Drain from Franklin Street to Brown Street, and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution ATCH 2 - City Manager's Emergency Declaration CITY COUNCIL Page 4 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 6. COMMENTS BY COUNCIL OR CITY MANAGER: 7. CLOSED SESSION: 7.A. 341-2021 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1)): U.S. District Court, Northern District of California, Case No. 19-CV-06898-VC. CITY COUNCIL RECESS 6:30 P.M. EVENING SESSION 8. CALL TO ORDER: 8.A. Roll Call: 9. PLEDGE OF ALLEGIANCE: 10. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 11. PUBLIC COMMENT: *See page 7 for procedures to provide comments to Council. 12. PUBLIC HEARINGS/APPEALS: 12.A. 295-2021 Western Meadows Subdivision -A 12-lot Single-Family Subdivision Recommendation: (1) Adopt a resolution adopting a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Western Meadows Subdivision. (2) Adopt a resolution approving a Design Review Permit, Use Permit, and Tentative Subdivision Map for the Western Meadows Subdivision, a subdivision of a 7.56-acre project site into 12 single-family lots, located on the north side of an existing private driveway extending east from the north end of Borrette Lane . Attachments: ATCH 1 - Resolution (MND and MMRP) with ExA ATCH 2 - Resolution (Design Review Permit, Use Permit, and Tent. Map) ATCH 3 - August 5, 2021 PC Hearing Materials ATCH 4 - July 1, 2021 PC Hearing Materials 13. REPORT ACTION TAKEN IN CLOSED SESSION: 14. COMMENTS BY COUNCIL OR CITY MANAGER: CITY COUNCIL Page 5 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 15. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is September 21, 2021. 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, September 2, 2021 at 5:00 p.m. _______________________________ Tiffany Carranza, City Clerk CITY COUNCIL Page 6 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 ** CORONAVIRUS (COVID-19) - Notice of Meeting Procedures ** TELECONFERENCE PROCEDURES In order to slow the spread of the Coronavirus (COVID-19) pandemic, in compliance with the Governor’s Executive Orders N-29-20, N-63-20, and N-08-21, any member of Council or City staff may participate in this meeting telephonically or electronically. ATTENDING THE MEETING IN PERSON Members of the public may participate in the City Council meeting by attending in-person at the City Hall Council Chambers located at 955 School Street, Napa, CA 94559. All persons in attendance will be required to wear a face mask regardless of vaccination status. PROVIDING SUPPLEMENTAL WRITTEN COMMENTS Any member of the public may provide supplemental written comments to the City Council before or during the meeting, 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). Supplemental written comments may be submitted to the City Clerk via email at clerk@cityofnapa.org, via mail to ATTN: City Clerk, 955 School Street, Napa, CA 94559, via fax at (707) 257-9534, or dropped off in person at the City Clerk’s Office located at City Hall. If you are commenting on a particular item on the agenda, please identify the agenda item number and letter. Please be aware that any public comments received that do not specify a particular agenda item number will be entered into the record under the general public comment portion of the agenda. VIEWING THE MEETING LIVE All members of the public are invited to view the meeting live (a) in person at the City Hall Council Chambers located at 955 School Street, Napa, CA 94559, (b) on local cable TV Channel 28; or (c) 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). 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. CITY COUNCIL Page 7 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 GENERAL PROCEDURES FOR PUBLIC FINANCING AUTHORITY MEETINGS MEETING DATES: “The Public Financing Authority of the Napa Enhanced Infrastructure Financing District” (“Authority”) is the governing body of the “Napa Enhanced Infrastructure Financing District” (“EIFD”). The Authority meets annually and as necessary to perform the responsibilities under the Napa EIFD law “Government Code Sections 53398.50 - 53398.88”), including the review and approval of an Infrastructure Financing Plan (and any proposed amendments to that Plan), and the consideration of issuance of bonds to finance the projects defined by the Infrastructure Financing Plan. 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 Authority Members 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 Napa EIFD offers its public programs, services, and meetings in a manner that is reasonably accessible to everyone, including individuals with disabilities. The Napa EIFD 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 Public Authority 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 ser án 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 est án 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. RULES OF ORDER FOR THE CONDUCT OF PUBLIC FINANCING AUTHORITY MEETINGS: The Public Financing Authority 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 10, R2016-5). Members of the public are expected to conduct themselves with courtesy and respect and comply with the Rules of Order. PROCEDURES TO DIRECTLY ADDRESS THE PUBLIC FINANCING AUTHORITY: Any member of the public may directly address the Public Financing Authority regarding: ( a) any matter identified on the agenda; or (b) during the Public Comment portion of the meeting for any matter within the Public Financing Authority’s subject matter jurisdiction that is not identified on the agenda. Each speaker is requested to submit a speaker card or request to speak before the item is called to be addressed by Authority Members (for Public Comment, Consent Calendar, Administrative Reports, or Public Hearings). Speaker cards are used to promote efficient and orderly progress of the meeting; however, a card is not required if the speaker CITY COUNCIL Page 8 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 otherwise makes a clear and timely request to address the Authority Members. Information on Speaker cards is subject to public disclosure under the California Public Records Act. Speakers should direct comments to Public Financing Authority, not the audience. Speakers are expected to yield the floor when the time limit is identified. For each item, speaking time is limited to no more than three minutes per person, unless otherwise specified for hearings or at the discretion of the Public Financing Authority to address special circumstances. The Public Financing Authority may modify (increase or decrease) any time requirements for any speaker, or change the order of the items on the agenda, in accordance with the Rules of Order in order to facilitate the efficient and fair conduct of the meeting. This may include moving all or a portion of the Public Comment portion of the agenda to the end of the meeting (see Council Policy Resolution 19, R2016-6 section 6.1.4). PUBLIC COMMENT: The public may directly address the Public Financing Authority on any matter within the Public Financing Authority’s subject matter jurisdiction, including any matter that is not on the agenda. However, State law strictly limits the Public Financing Authority's authority to respond at the meeting to any matter that is not on the agenda. CONSENT CALENDAR: Items on the Consent Calendar are considered routine and may be approved by a single vote of the Public Financing Authority. ADMINISTRATIVE REPORTS: Items on the Administrative Reports portion of the agenda do not require a public hearing prior to Public Financing Authority taking the identified action. PUBLIC HEARINGS: During any public hearing, an opportunity will be provided for public testimony when any person may directly address the Public Financing Authority. 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 times established by the Public Financing Authority under the Procedures to Directly Address the Public Financing Authority (above). CLOSED SESSION: The Public Financing Authority 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 Public Financing Authority, 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 PUBLIC FINANCING AUTHORITY: If a person wishes to file a legal challenge to any decision made by the Public Financing Authority, 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 CITY COUNCIL Page 9 of 10 Printed on 9/2/2021  REGULAR MEETING AGENDA September 7, 2021 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 Public Financing Authority 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 Public Financing Authority must be filed no later than the 90th day following the date on which such decision becomes final. CITY COUNCIL Page 10 of 10 Printed on 9/2/2021