CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, November 1, 2022 3:30 PM Afternoon Session No Evening 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 November 1, 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. 407-2022 Recognition of David C. “Casey” Jones, Assistant City Attorney Recommendation: Proclaim the City Council's recognition of David C. "Casey" Jones, Assistant City Attorney, for his many positive contributions to the City, on the occasion of his retirement. 4. PUBLIC COMMENT: *See page 7 for procedures to provide public comments to Council. 5. CONSENT CALENDAR: 5.A. 400-2022 City Council Meeting Minutes Recommendation: Approve the Minutes for the October 17, 2022 Special Meeting of the City Council. Attachments: ATCH 1 - October 17, 2022 Draft Special Meeting Minutes 5.B. 381-2022 Bicycle and Pedestrian Advisory Commission Membership Recommendation: Appoint incumbents, Daniel I. Wilkowsky, Jimmy J. Kawalek and Donal C. O'Briain, to the Bicycle and Pedestrian Advisory Commission for terms effective immediately and ending September 30, 2024. Attachments: ATCH 1 - Applications ATCH 2 - Draft Nomination Committee Meeting Minutes CITY COUNCIL OF THE CITY OF NAPA Page 2 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 2022 5.C. 402-2022 Homeless Services-Budget Adjustments and Authority to Sign Agreements with the County of Napa, Napa Valley Transportation Authority and the State of California Recommendation: 1. Approve a budget adjustment increasing revenue and expenditure budgets by $566,389.74 in the Non-Recurring General Fund Homeless Services budget as documented in Council Budget Amendment No. 3P05. 2. Authorize the City Manager to execute the following: a. An agreement with the County of Napa by which the City provides support for homeless outreach services in return for payment in an amount not to exceed $130,842. b. An agreement with Napa Valley Transportation Authority by which the City provides encampment clean-up services in return for payment in an amount not to exceed $50,000. c. A grant agreement with the State of California increasing the Homeless Housing, Assistance and Prevention Program grant allocation by $385,547.74 for a total of $481,934.67 to support homeless outreach services and implement a prevention and diversion program. Attachments: ATCH 1 - Council Budget Amendment No. 3P05 5.D. 372-2022 Napa Countywide Road Maintenance Act (Measure T) - Maintenance of Effort Recommendation: Adopt a resolution certifying Measure T Maintenance of Effort for Fiscal Years 2022 through 2024, and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution EX A - Maintenance of Effort FY 2021/22 5.E. 401-2022 Lake Hennessey and Milliken Reservoir Watershed Water Quality Monitoring Recommendation: Authorize the Utilities Director to execute Amendment 1 to the Memorandum of Understanding with Napa County for Water Quality Monitoring of the Lake Hennessey and Milliken Reservoir Watersheds. Attachments: ATCH 1 - Amendment No. 1 MOU for Water Quality Monitoring 5.F. 406-2022 Milliken Diversion Dam Access Walkway Recommendation: Authorize the Utilities Director to negotiate and execute an agreement with Sandis Civil Engineers Surveyors Planners (Sandis) for Design and Engineering Services for the Milliken Diversion Dam Access Walkway Repairs (53960140- 9017FR11) in an amount not to exceed $234,864; and determine these actions are exempt from CEQA. CITY COUNCIL OF THE CITY OF NAPA Page 3 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 2022 5.G. 409-2022 Milliken Raw Water Pipeline Recommendation: Authorize the Utilities Director to negotiate and execute an agreement with Sandis Civil Engineers Surveyors Planners (Sandis) to provide Design and Engineering Services for the Hardening of the Milliken Raw Water Pipeline (53960140-9017FR20) for a total contract amount not to exceed $260,460; and determine the action is exempt from CEQA. Attachments: ATCH 1 - FEMA Approval Letter 6. ADMINISTRATIVE REPORTS: 6.A. 306-2022 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. 328-2022 Fiscal Year 2021/22 End of Year Report Recommendation: Adopt a resolution approving the allocation of FY 2021/22 General Fund Unassigned Fund Balance as documented in Budget Adjustment Form No.BE2206505; adding $1,500,000 to existing projects in the Five-Year Capital Improvement Program; and determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution EX A - Budget Adjustment Form BE2206505 ATCH 2 - End-of-Year Report, Fiscal Year 2021/22 6.C. 405-2022 Equal Employment Opportunity Annual Report, and Equity and Inclusion Plan - 2021/2022 Recommendation: Adopt a resolution approving the 2021 Equal Employment Opportunity Annual Report and approving the 2022 Equity and Inclusion Plan. Attachments: ATCH 1 - Resolution EX A - 2021 Utilization Report EX B - 2022 Equity and Inclusion Plan CITY COUNCIL OF THE CITY OF NAPA Page 4 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 2022 7. CONSENT HEARINGS: 7.A. 359-2022 Adoption of the 2022 Building Code Standards Recommendation: Approve the first reading and introduction of an ordinance amending Napa Municipal Code Sections 15.04.010, 15.04.030, 15.04.040, 15.04.050, 15.04.080 and 15.04.090, adopting by reference the 2022 edition of the California Building Standards Code (California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12, including appendices identified herein), including adoption of local amendments to the California Building Standards Code and determining that the actions authorized by this ordinance are exempt from CEQA. Attachments: ATCH 1 - Ordinance 8. COMMENTS BY COUNCIL OR CITY MANAGER: CITY COUNCIL OF THE CITY OF NAPA Page 5 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 2022 9. CLOSED SESSION: 9.A. 416-2022 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6): • Employee organization: Police Management Unit. City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, MJ Tueros, Anne Cardwell, Jennifer Gonzalez, Michael Barrett, and Kelly Trujillo. • Employee organization, and Unrepresented City employees: Administrative, Managerial and Professional Employees; and City Unrepresented Management Staff (as defined by R2021-020). City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, Anne Cardwell, and Michael Barrett. • Unrepresented City employees: City Executive Staff (as defined by R2020-009, with the exception of the Assistant City Manager). City designated representatives: Steve Potter, Heather Ruiz, Michael Barrett, and Kelly Trujillo. • Unrepresented City employees: City Executive Staff (as defined by R2020-009, with the exception of the Human Resources Director). City designated representatives: Steve Potter, Liz Habkirk, Michael Barrett, and Kelly Trujillo. • Unrepresented City employee: City Attorney. City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, and Kelly Trujillo. • Unrepresented City employee: City Clerk. City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, Michael Barrett, and Kelly Trujillo. • Unrepresented City employee: City Manager. City designated representatives: Liz Habkirk, Heather Ruiz, Michael Barrett, and Kelly Trujillo. 9.B. 417-2022 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2)): Significant exposure to litigation in one potential case. 10. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is November 15, 2022. CITY COUNCIL OF THE CITY OF NAPA Page 6 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 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, October 27, 2022 at 5:00 p.m. _______________________________ Samantha Pascoe, Deputy City Clerk ** 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 7 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 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 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 8 of 9 Printed on 10/27/2022  REGULAR MEETING AGENDA November 1, 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 9 of 9 Printed on 10/27/2022