CITY COUNCIL OF THE CITY OF NAPA

REGULAR MEETING AGENDA FOR THE CITY COUNCIL OF THE CITY OF NAPA Tuesday, December 20, 2022 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 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 December 20, 2022 3:30 P.M. AFTERNOON SESSION 1. CALL TO ORDER: 1.A. Roll Call: 2. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 3. ELECTION RESULTS AND REORGANIZATION: 3.A. 394-2022 Results of the November 8, 2022 General Municipal Election Recommendation: Adopt a resolution declaring the results of the November 8, 2022 City of Napa General Municipal Election; and installing two newly elected Councilmembers to the City Council (Liz Alessio for District 1, and Mary Luros for District 3). Attachments: ATCH 1 - Resolution EX A - City of Napa Certification of Election Results EX B - Certified Statement of Votes 3.B. 456-2022 Swearing-in of Newly Elected City Councilmembers 4. SPECIAL PRESENTATIONS: 4.A. 443-2022 Proclamation recognizing Dr. Karen Relucio, Napa County Health Officer Recommendation: Recognize the contributions of Dr. Karen Relucio, Napa County Health Officer. Attachments: ATCH 1 - Proclamation 5. PUBLIC COMMENT: *See page 8 for procedures to provide public comments to Council. CITY COUNCIL OF THE CITY OF NAPA Page 2 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 2022 6. CONSENT CALENDAR: 6.A. 458-2022 Tentative Agreement between the City of Napa and the Administrative, Managerial, and Professionals Employees (“AMP”) Recommendation: Approve and adopt the Tentative Agreement between the City of Napa ("City") and the Administrative, Managerial, and Professionals Employees ("AMP") for the term of January 1, 2023 through December 31, 2024 and authorize the City Manager to finalize a successor Memorandum of Understanding (MOU). Attachments: ATCH 1 - Comprehensive Tentative Agreement Package between City and AMP EX A to TA - AMP Job Classifications EX B to TA - AMP Salary Equity Adjustments 6.B. 441-2022 Amendment No. 1 to Agreement No. C2022-051 Memorandum of Understanding between the City of Napa and the Napa Chief Fire Officers (“NCFO”) Recommendation: Authorize the City Manager to execute Amendment No. 1 to Agreement No. C2022-051 Memorandum of Understanding between the City of Napa and the Napa Chief Fire Officers ("NCFO"). Attachments: ATCH 1 - Amendment No. 1 to Agmnt No. C2022-051 EX A to Amendment No. 1 to Agmnt No. C2022-051 6.C. 459-2022 Compensation and Benefits for City Unrepresented Management Staff Recommendation: Adopt a resolution approving revisions to compensation and benefits for City Unrepresented Management Staff, consistent with that implemented for the Administrative, Managerial, and Professional Employees (AMP) per their Memorandum of Understanding for the term January 1, 2023 through December 31, 2024. Attachments: ATCH 1 - Resolution EX A to Resolution - AMP TA w/ EX A and EX B to TA CITY COUNCIL OF THE CITY OF NAPA Page 3 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 2022 6.D. 442-2022 CalRecycle Organics Grant Supplemental Funding Recommendation: Adopt a resolution (1) authorizing the Utilities Director to execute contracts to purchase organics processing equipment in fulfillment of a CalRecycle organics grant in an amount not to exceed $1,604,988; and (2) approving a transfer of $100,000 from the Solid Waste and Recycling (SWR) Enterprise Fund Undesignated Fund Balance 510-35999 to Nonrecurring SWR operating expenditure account 51960510-70510 as documented in Council Budget Amendment No.110P06; and (3) determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action. Attachments: ATCH 1 - Resolution EX A - Council Budget Amendment No.110P06 ATCH 2 - Council Resolution R2019-127 (CalRecycle Organics Grant) ATCH 3 - Staff Rpt. for CalRecycle Organics Grant from Nov. 19, 2019 ATCH 4 - Grant Agreement Cover Sheet for CalRecycle Organics Grant No. ORG6-22-00 6.E. 444-2022 Wholesale Water Supply Agreement with Congress Valley Water District Recommendation: (1) Authorize the Utilities Director to: a. Execute the Fourth Amendment to the Water Supply Contract between the City of Napa and the Congress Valley Water District (City of Napa Agreement No. 5387) to extend the term of the Contract to January 31, 2023, and b. Finalize and execute a Wholesale Water Supply Agreement between the City of Napa and the Congress Valley Water District for a 20-year term from February 1, 2023 to January 31, 2043, subject to approval as to form by the City Attorney. (2) Determine that the actions authorized by this item are exempt from CEQA pursuant to the CEQA Guidelines Sections documented in the staff report accompanying this item, including Sections 15060(c) and 15301. Attachments: ATCH 1 - Fourth Amendment to Wholesale Water Supply Contract with CVWD ATCH 2 - Proposed Wholesale Water Supply Agreement with CVWD 6.F. 448-2022 Senior Center Pedestrian Bridge Repair Recommendation: Adopt a resolution: (1) authorizing the Public Works Director to award and execute a construction contract with Maggiora & Ghilotti, Inc., for the Senior Center Pedestrian Bridge Repair project in the bid amount of $117,499; (2) authorizing the Public Works Director to approve contract amendments and charges for project services up to $62,675 for a total project amount not to exceed $180,174; and (3) determining that the actions authorized by this resolution are exempt from CEQA. Attachments: ATCH 1 - Resolution CITY COUNCIL OF THE CITY OF NAPA Page 4 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 2022 7. ADMINISTRATIVE REPORTS: 7.A. 309-2022 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. 7.B. 391-2022 2023 Vice Mayor Selection Recommendation: Appoint a Councilmember to serve as Vice Mayor for a term ending December 19, 2023. Attachments: ATCH 1 - Section 59A - City Charter 7.C. 390-2022 2023 City Council Appointments to Local, Regional, and State Boards, Councils, Committees, and Commissions Recommendation: Adopt a resolution appointing members of City Council to local, regional, and state boards, councils, commissions and committees for the year 2023. Attachments: ATCH 1 - Resolution EX A - List of 2023 City Council Appointments (to be confirmed during the meeting) ATCH 2 - List of 2022 Current City Council Appointments ATCH 3 - CC Bd, Council, Committee, and Commission Descriptions 7.D. 436-2022 Citywide Governance Resolution Recommendation: Adopt a resolution approving and establishing a Citywide Governance policy for elected officials. Attachments: ATCH 1 - Resolution 7.E. 461-2022 Compensation and Benefits for City Executive Staff Recommendation: Adopt a resolution approving revisions to the compensation and benefits for City Executive Staff. Attachments: ATCH 1 - Resolution EX A - Executive Staff Compensation and Benefit Summary EX B - Executive Staff Salary Table 7.F. 452-2022 Authorize the Appointment of a Retired Annuitant to Serve as Part-Time Employee Recommendation: Adopt a resolution authorizing the appointment of Rebecca Abrams as a retired annuitant part-time employee (Technical Associate - Public Safety Dispatcher II), to be employed within 180 days of the employee's retirement. Attachments: ATCH 1 - Resolution EX A - Retired Annuitant Agreement - Abrams CITY COUNCIL OF THE CITY OF NAPA Page 5 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 2022 7.G. 455-2022 Automated License Plate Readers (ALPRs) for Police Department Recommendation: Receive a report regarding the City's use of ALPRs for law enforcement purposes and provide an opportunity for input from the public prior to implementation of the program. Attachments: ATCH 1 - Proposed Napa Police Department Policy #429 8. COMMENTS BY COUNCIL OR CITY MANAGER: 9. CLOSED SESSION: 9.A. 471-2022 • CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6): City designated representatives: Steve Potter, Liz Habkirk, Heather Ruiz, MJ Tueros, Anne Cardwell, Kelly Trujillo, and Michael Barrett. Employee organization: Napa City Employee’s Association (NCEA). 9.B. 472-2022 • CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8): Property: an approximately 8,000 square foot property located at 1126 First Street (APN 003-166-017). City Negotiators: Steve Potter, Vin Smith, and Michael Barrett. Negotiating Parties: City of Napa and Coombs Street LLC. Under Negotiation: price and terms of payment 9.C. 473-2022 • CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(4)): Initiation of litigation in one case. CITY COUNCIL RECESS 6:30 P.M. EVENING SESSION 10. CALL TO ORDER: 10.A. Roll Call: 11. PLEDGE OF ALLEGIANCE: 12. AGENDA REVIEW AND SUPPLEMENTAL REPORTS: 13. PUBLIC COMMENT: *See page 8 for procedures to provide public comments to Council. CITY COUNCIL OF THE CITY OF NAPA Page 6 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 2022 14. ADMINISTRATIVE REPORTS: 14.A. 454-2022 Oxbow Riverstage Concert Series Recommendation: Receive a report regarding the Oxbow Riverstage, and: (a) provide direction to Staff to keep the Oxbow Riverstage on the eastern lawn of the Oxbow Commons facing west toward downtown for the 2023 Season pursuant to City Agreement No. 2021-165 with STR Entertainment; or (b) authorize the City Manager to negotiate and execute an amendment to City Agreement No. 2021-165 to relocate the stage for the 2023 Season to the concrete area under the Wine Train bridge facing east where it was located during the 2019 and 2021 Seasons; and (c) determine that the actions authorized by this item are exempt from CEQA. Attachments: ATCH 1 - 11.15.2022 Oxbow Riverstage Staff Report ATCH 2 - Stage Location Options 15. REPORT ACTION TAKEN IN CLOSED SESSION: 16. COMMENTS BY COUNCIL OR CITY MANAGER: 17. ADJOURNMENT: The next regularly scheduled meeting for the City Council of the City of Napa is January 17, 2023. 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 Friday, December 16, 2022 at 5:00 p.m. _______________________________ Tiffany Carranza, City Clerk CITY COUNCIL OF THE CITY OF NAPA Page 7 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 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 8 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 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 9 of 10 Printed on 12/16/2022  REGULAR MEETING AGENDA December 20, 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 10 of 10 Printed on 12/16/2022