CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, August 16, 2022 3:30 PM Afternoon Session 6:30 PM Afternoon Session City Hall Council Chambers 955 School Street Napa, CA 94559 www.cityofnapa.org CITY COUNCIL OF THE CITY OF NAPA 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 August 16, 2022 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. 283-2022 Proclamation Celebrating the 150th Anniversary of the City of Napa’s Incorporation Recommendation: Recognize the City of Napa's 150th Anniversary of Incorporation. Attachments: ATCH 1 - Proclamation 4. PUBLIC COMMENT: *See page 6 for procedures to provide public comments to Council. 5. CONSENT CALENDAR: 5.A. 294-2022 City Council Meeting Minutes Recommendation: Approve the Minutes for the August 2, 2022 Regular Meeting of the City Council. Attachments: ATCH 1 - August 2, 2022 Draft Regular Meeting Minutes 5.B. 295-2022 Outdoor Dining Municipal Code Amendments Recommendation: 1. Approve the second reading and final passage, and adopt an Ordinance amending the Napa Municipal Code by repealing existing Chapter 12.64 "Outdoor Dining in Public Rights of Way" in its entirety and replacing it with a new chapter 12.64, "Outdoor Dining on City Property," and determining that the actions authorized by this ordinance are exempt from CEQA. 2. Approve the second reading and final passage, and adopt an Ordinance amending the Napa Municipal Code Section by repealing existing section 17.52.340 "Outdoor Dining" in its entirety and replacing it with a new section 17.52.340, "Outdoor Dining," and determining that the actions authorized by this ordinance are exempt from CEQA. Attachments: ATCH 1 - Ordinance - NMC Chapter 12.64 ATCH 2 - Ordinance - NMC Section 17.52.340 CITY COUNCIL OF THE CITY OF NAPA Page 2 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 2022 5.C. 263-2022 Response to the 2021-2022 Napa County Grand Jury Compliance and Implementation Report on the 2019-2020 Grand Jury Report on City of Napa Sidewalks Recommendation: Approve the City of Napa Response to the 2021-2022 Grand Jury Compliance and Implementation Report of the 2019-2020 Napa County Grand Jury Recommendations and Responses for the report entitled "The City of Napa's Sidewalks: Watch your Step!" and direct the City Manager to submit the response on behalf of the City Council to the Presiding Judge of the Superior Court. Attachments: ATCH 1 - City Response to Grand Jury Report EX A - Letter to Grand Jury dated 10-21-2021 EX B - Sidewalk Repair Policy-Procedure ATCH 2 - Grand Jury Sidewalk Report 5.D. 289-2022 Transfer of funds for Traffic Safety Programs Recommendation: Approve the transfer of $400,000 to fund traffic safety equipment, programs and activities to the Police Department and Public Works Department, as documented on Budget Adjustment Form No. 1021. Attachments: ATCH 1 - Budget Adjustment Form No.1021 5.E. 291-2022 Tentative Agreement between the City of Napa and the Napa Police Officers’ Association (“NPOA”) Recommendation: Approve and adopt the Tentative Agreement between the City of Napa ("City") and the Napa Police Officers' Association ("NPOA") for the term of September 1, 2022 through August 31, 2024; and authorize the City Manager to finalize and execute a successor Memorandum of Understanding (MOU) to implement the Tentative Agreement. 5.F. 292-2022 Amendment No. 2 to Agreement No. C2020-277 Memorandum of Understanding between the City of Napa and the Police Management Unit (“PMU”) Recommendation: Authorize the City Manager to execute Amendment No. 2 to Agreement No. C2020-277 Memorandum of Understanding between the City of Napa and the Police Management Unit ("PMU") to extend the term end date from June 30, 2022 to December 31, 2022. Attachments: ATCH 1 - Amendment No. 2 to Agreement No. C2020-277 5.G. 293-2022 Junior Accessory Dwelling Unit Initiative Program Recommendation: Adopt a resolution authorizing an updated Junior Unit Initiative Program, to provide loans to construct junior accessory dwelling units to facilitate new low-income housing. Attachments: ATCH 1 - Resolution CITY COUNCIL OF THE CITY OF NAPA Page 3 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 2022 6. ADMINISTRATIVE REPORTS: 6.A. 266-2022 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. 271-2022 League of California Cities 2022 Voting Delegate Recommendation: Appoint a City Council Voting Delegate and up to two Alternates to the League of California Cities Annual Business Meeting, for the Annual Conference & Expo - September 7-9, 2022. Attachments: ATCH 1 - League of California Cities 2022 Voting Delegate Package 7. CONSENT HEARINGS: 7.A. 237-2022 Napa Creek Condominiums Extension Recommendation: Adopt a resolution approving a third, two-year extension of a previously approved Design Review Permit, Use Permits, Variances and Tentative Subdivision Map for the Napa Creek Condominiums located at 1701 D Street and determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action. Attachments: ATCH 1 - Resolution ATCH 2 - Planning Commission staff report dated July 7, 2022 ATCH 3 - Applicant’s Description, Approved Condo Map & Plans ATCH 4 - Original Negative Declaration Resolution R2011-26 ATCH 5 - Original DR, UP, VA, TM Approving Resolution R2011-27 ATCH 6 - First Extension R2017-050 ATCH 7 - Second Extension R2019-040 8. COMMENTS BY COUNCIL OR CITY MANAGER: 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 OF THE CITY OF NAPA Page 4 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 2022 12. SPECIAL PRESENTATIONS: 12.A. 288-2022 Proclamation in Recognition of Sister City, Montalcino, Italy Recommendation: Welcome City of Montalcino, Italy, Vice Mayor Mr. Angelo Braconi, and proclaim the Sister City Relationship. Attachments: ATCH 1 - Proclamation 13. PUBLIC COMMENT: *See page 6 for procedures to provide public comments to Council. 14. ADMINISTRATIVE REPORTS: 14.A. 280-2022 First Street and California Boulevard Roundabout Public Art Recommendation: Authorize the Community Development Director to negotiate and execute an agreement with Ana Teresa Fernandez and Priority Architectural Graphics for the final design, fabrication and installation of the artwork titled "Circulation" for an amount not-to-exceed $300,000 and determine that the item is exempt from CEQA. Attachments: ATCH 1 - Roundabout Public Art Site Map ATCH 2 - Art Selection Panel ATCH 3 - Roundabout Finalist Proposal ATCH 4 - GHD Technical Memo 15. COMMENTS BY COUNCIL OR CITY MANAGER: 16. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is September 6, 2022. 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, August 11, 2022 at 5:00 p.m. _______________________________ Samantha Pascoe, Deputy City Clerk CITY COUNCIL OF THE CITY OF NAPA Page 5 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 2022 ** 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. Face masks are not required for in-person attendance but highly recommended. 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 OF THE CITY OF NAPA Page 6 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 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 agenda to the end of the meeting (see Council Policy Resolution 19, R2016-6 section 6.1.4). CITY COUNCIL OF THE CITY OF NAPA Page 7 of 8 Printed on 8/11/2022  REGULAR MEETING AGENDA August 16, 2022 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 OF THE CITY OF NAPA Page 8 of 8 Printed on 8/11/2022