CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL Tuesday, February 1, 2022 3:30 PM Afternoon Session 6:30 PM Evening Session To be held via zoom (https://us02web.zoom.us/j/88169708098) 955 School Street Napa, CA 94559 www.cityofnapa.org CITY COUNCIL Mayor Scott Sedgley Vice Mayor Mary Luros Councilmember Liz Alessio 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 February 1, 2022 **See CORONAVIRUS (COVID-19) - Notice of Meeting Procedures, Pages 6-7. The Council Chambers will be closed to the public. This meeting will be conducted as a teleconference via Zoom Webinar. 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. PUBLIC COMMENT: *See pages 6-7 for procedures to provide comments to Council. 4. CONSENT CALENDAR: 4.A. 28-2022 Annual Update to Speed Limits on City Streets Recommendation: Approve the second reading and final passage, and adopt an ordinance amending Napa Municipal Code Section 10.20.040 related to the establishment and enforcement of speed limits. Attachments: ATCH 1 - Ordinance 4.B. 29-2022 Adult-Use Cannabis Ordinance Recommendation: Approve the second reading and final passage, and adopt an ordinance amending Napa Municipal Code Section 17.52.275 (Medicinal and Adult-Use Cannabis Regulation and Safety Ordinance) to authorize the issuance of cannabis clearances for adult-use cannabis retailers and manufacturers Attachments: ATCH 1 - Ordinance 4.C. 14-2022 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, and determine that the actions authorized by this item are exempt from CEQA. 4.D. 2-2022 SB 1383 Local Assistance Grant Program Recommendation: Adopt a resolution authorizing the Utilities Director, or his designee, to execute all documents necessary to implement and secure payment for the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant in the amount of $105,516. Attachments: ATCH 1 - Resolution CITY COUNCIL Page 2 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 4.E. 25-2022 Environmental Analyses Services for Water Quality Monitoring Recommendation: Authorize the Utilities Director to approve a contract with Caltest Analytical Laboratory, in an amount not to exceed $275,000, for environmental analyses services, and determine this action is exempt from CEQA. 4.F. 490-2021 Audited Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2021 Recommendation: Accept the City of Napa Audited Annual Comprehensive Financial Report for the fiscal year ended June 30, 2021. Attachments: ATCH 1 - FY21 Annual Comprehensive Financial Report 5. ADMINISTRATIVE REPORTS: 5.A. 446-2021 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.B. 465-2021 2022 Long-Term Financial Forecast Recommendation: Receive and discuss the 2022 Long-Term Financial Forecast. Attachments: ATCH 1 - 2022 Long-Term Financial Forecast ATCH 2 - 2022 Long-Term Financial Forecast Presentation 6. CONSENT HEARINGS: 6.A. 485-2021 Regulation of False Fire Alarms Recommendation: (1) Approve first reading and introduction of an ordinance amending Napa Municipal Code Title 9 to repeal section 9.04.040 and add Chapter 9.65 "Regulation of False Fire Alarms" to reduce the occurrence of false alarms. (2) Adopt a resolution establishing the fine amount for malicious or excessive false fire alarms pursuant to Napa Municipal Code Chapter 9.65. Attachments: ATCH 1 - Ordinance ATCH 2 – Resolution CITY COUNCIL Page 3 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 6.B. 470-2021 Napa River Inn Expansion Extension II Recommendation: Adopt a resolution approving a two-year extension of the Design Review Permit for the previously approved Napa River Inn Project at 500 Main Street and determining that the actions authorized by this Resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution ATCH 2 - 12/2//21 Planning Commission Staff Report, Atchs & Meeting Mins 6.C. 471-2021 Embassy Suites Addition Public Art Recommendation: Adopt a resolution approving a Design Review Permit for a public art installation for the Embassy Suites Hotel at 1075 California Boulevard and determining that the action is exempt from CEQA. Attachments: ATCH 1 – Resolution ATCH 2 – Planning Commission Staff Report and Minutes Excerpts ATCH 3 – Project Description and Plan Drawings 7. COMMENTS BY COUNCIL OR CITY MANAGER: 8. CLOSED SESSION: 8.A. 35-2022 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8): City Negotiators: Steve Potter, Vin Smith, Neal Harrison, and Michael Barrett. For each Property, the Negotiating Parties with whom the City of Napa is negotiating are: (a) for the Property at 1600 First Street, the Negotiating Party is March Capital LLC; and (b) for the property at 1455 First Street, the Negotiating Parties are March Capital LLC, Napa Square Owner NY LLC, One Napa LLC, and JNK Napa Square LLC.Under negotiation: Price and terms of payment CITY COUNCIL RECESS 6:30 P.M. EVENING SESSION 9. CALL TO ORDER: 9.A. Roll Call: 10. PLEDGE OF ALLEGIANCE: 11. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: CITY COUNCIL Page 4 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 12. PUBLIC COMMENT: *See pages 6-7 for procedures to provide comments to Council. 13. ADMINISTRATIVE REPORTS: 13.A. 12-2022 Countywide Climate Action Committee Report Recommendation: Receive a report on the Countywide Climate Action Committee and provide direction to the City of Napa's appointees to the Committee on possible future topics to be considered by the Committee. 14. REPORT ACTION TAKEN IN CLOSED SESSION: 15. COMMENTS BY COUNCIL OR CITY MANAGER: 16. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is February 15, 2022. fI 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, January 27, 2022 at 5:00 p.m. _______________________________ Tiffany Carranza, City Clerk CITY COUNCIL Page 5 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 ** 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 California Government Code Section 54953(e), and members of the City Council and City staff will 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 or listening to the meeting live, and providing comments, as described below. If you have any questions regarding how to participate in the meeting, please contact the City Clerk’s Department at (707) 257-9503; or clerk@cityofnapa.org. VIEWING OR LISTENING TO THE MEETING LIVE All members of the public are invited to view or listen to 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); or (c) live-streamed on Zoom at https://us02web.zoom.us/j/88169708098 (to log into Zoom, you may be prompted for your name and email address, which will be visible online); or (d) for audio only, call 669-900 6833; and when prompted, enter meeting ID# 881 6970 8098. PROCEDURES TO PROVIDE COMMENTS TO THE CITY COUNCIL Any member of the public may directly address the Council regarding (a) any matter identified on the agenda; or (b) during the Public Comment portion of the meeting for any matter within the Council’s subject matter jurisdiction that is not identified on the agenda. The Mayor may modify (increase or decrease) any time requirement for any speaker, or change the order of items on the agenda, in accordance with the Rules of Order in order to facilitate the efficient and fair conduct of the meeting. (see Council Policy Resolution 19, R2016-6 section 6.1.4). PROVIDING COMMENTS ELECTRONICALLY VIA ZOOM If you are viewing the meeting live via Zoom (https://us02web.zoom.us/j/88169708098) you may provide comments to the City Council as follows: CITY COUNCIL Page 6 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 (1) When the Mayor calls for the item on which you wish to speak, raise your hand by clicking on the ‘raise hand’ feature in Zoom. (2) City staff will notify each speaker (using the name or email address in Zoom) when it is their turn to provide comments to the Council. Additional instruction for how to participate in a Zoom webinar meeting are available here: https://support.zoom.us/hc/en-us/articles/201362193-How-Do-I-Join-A-Meeting- . Please note that the chat and Q&A functions will be disabled for this meeting, and the only way to provide comments in Zoom will be to use the ‘raise hand’ feature as described above. PROVIDING COMMENTS VIA TELEPHONE Any member of the public may provide a comment to the City Council via telephone by: (a) dial 669-900-6833 ; (b) when prompted, enter meeting ID# 881 6970 8098; and (c) click *9 to raise your hand for the item you wish to comment on. Speakers will be notified shortly before they are called to speak. 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 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 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 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 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 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 are expected to conduct themselves with courtesy and respect and comply with the Rules of Order. PROCEDURES TO DIRECTLY ADDRESS THE CITY COUNCIL: Any member of the public may directly address the Council regarding: ( a) any matter identified on the agenda; or (b) during the Public Comment portion of the meeting for any matter within the Council'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 Council (for Public Comment, Consent Calendar, Administrative Reports, Consent Hearings, 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 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. Speakers should direct comments to Mayor and Councilmembers, 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 and appeals, or at the discretion of the Mayor or City Council to address special circumstances. The Mayor 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 CITY COUNCIL Page 8 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 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 City Council on any matter within the Council ’s subject matter jurisdiction, including any matter that is not on the agenda. However, State law strictly limits the Council'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 City Council. ADMINISTRATIVE REPORTS: Items on the Administrative Reports portion of the agenda do not require a public hearing prior to City Council taking the identified action. CONSENT HEARINGS: Items on the Consent Hearing portion of the agenda are considered routine and may be approved by a single vote of the City Council; 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: During any public hearing (which includes any appeal hearing), 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 times established by the Mayor under the Procedures to Directly Address the City Council (above). 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 9 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 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 10 of 11 Printed on 1/27/2022  REGULAR MEETING AGENDA February 1, 2022 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 11 of 11 Printed on 1/27/2022