CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL Tuesday, November 16, 2021 3:30 PM Afternoon Session No 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 November 16, 2021 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. SPECIAL PRESENTATIONS: 3.A. 423-2021 Napa River/Napa Creek Flood Control Project Update Recommendation: Receive update and presentation provided by the Napa County Flood Control District Manager, Rick Thomasser, and District Engineer, Andrew Butler, on the Napa River/Napa Creek Flood Control Project. 4. PUBLIC COMMENT: *See Page 6 for procedures to provide comments to Council. 5. CONSENT CALENDAR: 5.A. 420-2021 City Council Meeting Minutes Recommendation: Approve the October 26, 2021 Special Meeting Minutes and the November 2, 2021 Regular Meeting Minutes. Attachments: ATCH 1 - October 26, 2021 Special Meeting Minutes ATCH 2 - November 2, 2021 Regular Meeting Minutes 5.B. 418-2021 2022 City Council Calendar Recommendation: Adopt a resolution establishing the 2022 Calendar for Regular City Council Meetings and City Holidays, and approving the cancellation of a regular meeting of the City Council on July 5, 2022. Attachments: ATCH 1 - Resolution EX A - 2022 Calendar for Regular CC Meetings and City Holidays ATCH 2 - Hyperlink to online Napa Municipal Code Chapter 2.04.050 5.C. 425-2021 Bicycle and Trails Advisory Commission Membership Recommendation: Appoint incumbent, Cynthia J. Deutsch, and new member, Maureen C. Trippe, to the Bicycle and Trails Advisory Commission for terms effective immediately and ending September 30, 2023. Attachments: ATCH 1 - Applications CITY COUNCIL Page 2 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 5.D. 397-2021 Emergency Replacement of Oak Street Storm Drain Recommendation: Determine there is a need to continue the emergency action to execute and implement construction contracts for the replacement of the Oak Street Storm Drain from Franklin Street to Brown Street; approve a transfer from the RMRA Fund to the CIP Project Fund and a project budget increase of $200,000, as documented in Budget Adjustment Form No. BE2211504; and determine that the actions authorized by this item are exempt from CEQA. Attachments: ATCH 1 - Budget Adjustment No. BE2211504 5.E. 408-2021 State Route 29 Bicycle and Pedestrian Undercrossing Project Recommendation: Authorize the Public Works Director to execute on behalf of the City an amendment to Agreement No. C2021-173 with GHD Inc. for engineering design and project management services for the State Route 29 Bicycle and Pedestrian Undercrossing project in the increased amount of $25,225 for a total contract amount not to exceed $449,584, and determine that the actions authorized by this item were adequately analyzed by a previous CEQA action. Attachments: ATCH 1 - Amendment No. 1 5.F. 411-2021 Appointment of City Treasurer Recommendation: Adopt a resolution to appoint Finance Director Anne Cardwell as City Treasurer. Attachments: ATCH 1 - Resolution 5.G. 412-2021 Monthly Budget and Investment Statement Recommendation: Receive the Monthly Budget and Investment Statement as of September 30, 2021. Attachments: ATCH 1 - September 2021 Budget Investment Stmt 5.H. 422-2021 Purchase of Three (3) Fire Engines Recommendation: Adopt a resolution: (1) amending the FY2021/22 Fleet Replacement Schedule, Appendix H; (2) authorizing the Fire Chief to execute a contract with Pierce Manufacturing, Inc. on behalf of the City of up to $2,490,000 for the purchase of three Fire Engines; and (3) approving an expenditure budget increase of $840,000 to the Fire Apparatus Replacement Fund, as documented in Budget Adjustment No. BE2211505. Attachments: ATCH 1 - Resolution EX A – FY 2021/22 Fleet Replacement Sch, Appendix H, revised ATCH 2 - Formal Proposal ATCH 3 - Budget Adjustment Form No. BE2211505 CITY COUNCIL Page 3 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 5.I. 369-2021 Proposition 68 Per Capita Grant Application Recommendation: Adopt a resolution authorizing the Parks and Recreation Services Director to submit an application to the California Department of Parks and Recreation for the "Proposition 68"' grant program in an amount up to $ $177,952 with a 20% matching requirement from the City. Attachments: ATCH 1 - Resolution 6. ADMINISTRATIVE REPORTS: 6.A. 317-2021 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. 6.B. 389-2021 Outdoor Commercial Uses & Parklet Program Recommendation: Receive report and provide direction on the Outdoor Commercial Uses & Parklet Program. Attachments: ATCH 1 - August 2020 City Council Report ATCH 2 - Parklets and Shared Spaces Technical Guidelines ATCH 3 - Outdoor Dining Guidelines ATCH 4 - NMC Chapter 12-64 7. CONSENT HEARINGS: 7.A. 388-2021 Preservation of Qualified Historical Property at 1488 Calistoga Avenue Recommendation: Authorize the City Manager, on behalf of the City, to execute a Mills Act Historic Preservation Agreement with Karen Wesson for the property at 1488 Calistoga Avenue. Attachments: ATCH 1 - Wesson Mills Act Contract ATCH 2 - Supporting Documents ATCH 3 - Table 1 - Estimated Property Tax Reduction 7.B. 395-2021 Solid Waste/Recycling Enclosure Standards Recommendation: Approve the first reading and introduction of an ordinance amending Napa Municipal Code Section 17.52.390 "Recycling/Solid Waste Areas" and determining that the actions authorized by this ordinance are exempt from CEQA. Attachments: ATCH 1 - Ordinance ATCH 2 - Staff Report from Oct. 21, 2021, Napa Planning Commission ATCH 3 - Proposed Updated Enclosure Standards ATCH 4 - PPT Presentation to Napa Planning Commission on 10/21/2021 CITY COUNCIL Page 4 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 8. COMMENTS BY COUNCIL OR CITY MANAGER: 9. CLOSED SESSION: 9.A. 428-2021 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6): City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, Anne Cardwell, MJ Tueros, and Michael Barrett. Employee organization: Napa Chief Fire Officers. 10. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is December 7, 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 Wednesday, November 10, 2021 at 5:00 p.m. _______________________________ Tiffany Carranza, City Clerk CITY COUNCIL Page 5 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 ** CORONAVIRUS (COVID-19) - Notice of Meeting Procedures ** 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 6 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 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 página. 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. CITY COUNCIL REGULAR MEETING AGENDA January 5, 2021 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 CITY COUNCIL Page 7 of 8 Printed on 11/10/2021  REGULAR MEETING AGENDA November 16, 2021 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. CITY COUNCIL Page 8 of 8 Printed on 11/10/2021