Agenda packet — American Canyon City Council, February 15, 2022

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
February 15, 2022
6:30 PM

AMENDED AGENDA
This agenda has been amended by the following: Item 15 – update of Aachment 3. Exhibit B – Subdivision Improvement Agreement for Lots 14 and 15, switched unsigned document to signed one; and Item 18 – addi*on of Attachment 5. Initiative 21-0042A1
Consistent with Government Code Sec*on 54953 and the American Canyon City Council Resolu*on Declaring the Existence of a Local Emergency due to the COVID-19 Pandemic, City Council and other public mee*ngs are currently Teleconference Mee*ngs Only to align with local and federal guidelines and social distancing recommenda*ons for the containment of the coronavirus. This mee*ng will be broadcast live to residents on Napa Valley TV here and on YouTube here.

You may submit public comments for any Agenda Item, Non-Agenda Item or make general public comments by one of the following methods:

Wri1en comments, Via eComments: The eComments link is located on the Mee$ngs & Agendas page of our website here. Comments received before the 3:00 p.m. day-of-mee$ng cutoff $me will be routed to all Councilmembers at that $me. eComments will remain open throughout the mee$ng, and all comments received will be posted online and become part of the meeting record.

Oral comments, during the mee3ng: A Zoom Webinar has been established for public par$cipa$on during the mee$ng related to a specific agenda item, or ma/ers not on the agenda. To give your public comment directly to the legisla$ve body during the mee$ng, use the Register to Speak feature of eComments or connect via below Zoom link and follow the instructions or by calling 408-638-0968.

Zoom Meeting Link: Click here
Webinar ID: 836 1946 5437 Passcode: 873516
The above-iden$fied measures exceed all legal requirements for par$cipa$on in public comment, including those imposed by the Ralph M. Brown Act. For more informa$on, please call the Office of the City Clerk at (707) 647-4369 or email [email protected].

AGENDA MATERIALS: City Council agenda materials are published 72 hours prior to the mee$ng, and are available to the public via the City’s website at www.cityofamericancanyon.org.

AMERICANS WITH DISABILITIES ACT: The City Council will provide materials in appropriate alterna$ve formats to comply with the Americans with Disabili$es Act. Please send a wri/en request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to [email protected]. Include your name, address, phone number and brief descrip$on of the requested materials, as well as your preferred alternative format or auxiliary aid, at least three calendar days before the meeting.

Mayor: Leon Garcia
Vice Mayor: Mariam Aboudamous
Councilmembers: Mark Joseph, David Oro, Pierre Washington CITY COUNCIL MEETING AGENDA FEBRUARY 15, 2022
1 PUBLIC ADDRESS – CLOSED SESSION 5:30 P.M.

The Mayor will call the mee*ng to order and conduct role call. Council will immediately convene into Closed Session a9er hearing any public comment on Closed Session items. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary. 5:30 P.M. CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9 (d)(2).

Two Matters.

2. Conference with Legal Counsel - Exis3ng Li3ga3on. Pursuant to Government Code Sec3on 54956.9(d)(1):
a. City of American Canyon v. Pamela Smith, et al. (Napa County Superior Court Case No. 22CV000041)
b. City of American Canyon v. GSM Landscape Architects, Inc. (Napa County Superior Court Case No. 18CV001027)
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE

MEETING ANNOUNCEMENT
Pursuant to AB 361 this meeting will be held entirely virtually. All methods available for public participation are detailed on the first page of the agenda.

ROLL CALL

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION

PROCLAMATIONS AND PRESENTATIONS

PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
This *me is reserved for members of the public to address the City Council on items of interest that are not on the Agenda and are within the subject maer jurisdic*on of the City Council. Comments are limited to 3 minutes.

Comments for items on the Agenda will be taken when the item is called. The City Council is prohibited by law from taking any ac*on on maers discussed that are not on the Agenda, and no adverse conclusions should be drawn if the City Council does not respond to public comment at this *me. Speakers are asked to please speak clearly, and provide their name. Any handouts for distribu*on to the City Council must be emailed by 3:00 p.m. on mee*ng day. To comment via zoom during the mee*ng: click the “raise your hand” buon if joining by computer, or press *9 if joining by phone, when the item is called. To avoid confusion, hands raised outside of Public Comment periods will be lowered.

AGENDA CHANGES
The Mayor and Council may change the order of the Agenda or request discussion of a Consent Item. A member of the CITY COUNCIL MEETING AGENDA FEBRUARY 15, 2022
2 Public may request discussion of a Consent Item by making that request during Public Comment.

CONSENT CALENDAR

3. Minutes of Regular City Council Meeting - January 18, 2022 Recommendation: Approve the minutes of the Regular City Council mee$ng of January 18, 2022.

4. Minutes of Regular City Council Meeting - February 1, 2022 Recommendation: Approve the minutes from the Regular City Council Mee$ng of February 1, 2022.

5. City Attorney February 1, 2022 Closed Session Report Recommendation: Approve the City A/orney Closed Session Report for the mee$ng of February 1, 2022.

6. Continued Use of Remote Teleconference for Meetings
Recommendation: Adopt a Resolu$on reaffirming that a local emergency exists, re-ra$fying the Proclama$on of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing con$nued use of remote teleconferenced mee$ngs of legisla$ve and advisory bodies of the City of American Canyon for the period of February 15 2022 - March 17, 2022 pursuant to to Ralph M. Brown Act.

7. Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation Recommendation: Adopt a Resolu$on authorizing the City Manager to execute Amendment #3 to Agreement 2016-A117 with Questa Engineering Corpora$on, in the amount of $31,623 for a total contract amount not to exceed $184,790, for the Newell Open Space Trail Project (PR13-0200).

8. North Bay Agency Chemical Pool Adjustment
Recommendation: Adopt a Resolu$on authorizing an adjustment of purchase of chemicals for the Water Treatment Plant for FY 2021/22.

9. Police Vehicles Outfitting and Teardown
Recommendation: Adopt a Resolu$on authorizing the ouNiOng of seven (7) 2022 Ford Police Interceptors by Wattco Emergency Equipment Installers in the amount of $292,400.

10. Chemical Equipment Purchase for Water Treatment Plant Recommendation: Adopt a Resolu$on authorizing the purchase of Qdos Chemical Pumps and Pod Style Duplex Skids from MISCOwater for the Water Treatment Plant in the amount of $78,474.33.

11. Amendment #1 PG&E Rule 20B for Green Island Road (TR16-0700) Recommendation: Adopt a Resolu$on authorizing the City Manager to execute Amendment #1 to Agreement #2020-A125 with Pacific Gas & Electric Company, for the reloca$on and undergrounding of exis$ng overhead electrical facili$es, in the amount of $10,000, for a total contract amount not to exceed $840,000 in conjunc$on with the Green Island Road Reconstruction and Widening Project (TR16-0700).

CITY COUNCIL MEETING AGENDA FEBRUARY 15, 2022
3 12. Award Agreement for Wetlands Restoration Plan PR20-0300 Recommendation: Adopt a Resolu$on authorizing the City Manager to enter into an agreement with Environmental Science Associates in the amount not to exceed $448,814 for the Wetlands Restoration Plan (PR20-0300).

13. Fiscal Year 2021-2022 Quarter 2 Investment Report
Recommendation: Receive and file the City and Fire District Treasurer's Report for the quarter ended December 31, 2021.

14. Syar Warranty Agreement
Recommendation: Adopt a Resolu$on authorizing the City Manager to execute an extended warranty agreement with Syar Industries, Inc. for recently completed paving projects in the City of American Canyon.

15. Watson Ranch Lots 14 and 15 Final Map & Subdivision Improvement Agreement Recommendation: Adopt a Resolu$on taking the following ac$ons in conjunc$on with the Watson Ranch Lots 14 and 15 Project:

1. Approving the Final Map to subdivide the proper$es (Assessor’s Parcel Numbers 059- 430-027, 059-430-029 and 059-430-035) to create 98 lots and one parcel; and

2. Approving a Subdivision Improvement Agreement.

PUBLIC HEARINGS
There are no Public Hearing Items.

BUSINESS

16. Senior Multi-Use Center Name Change
Recommendation: Adopt a Resolu$on renaming of the City's Senior Mul$-Use Center to the Adult Activity Center.

17. Mid Year Budget Adjustment for Fiscal Year 2021-22
Recommendation: Adopt a Resolu$on of the City Council of the City of American Canyon approving Mid-Year Budget Amendments to the Fiscal Year 2021-22 Budget.

18. "NO on Initiative 21-0042A1" Coalition
Recommendation: Adopt a Resolu$on opposing Ini$a$ve 21-0042A1, joining American Canyon to the NO on Ini$a$ve 21-0042A1 coali$on, and direc$ng staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

MANAGEMENT AND STAFF ORAL REPORTS

MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS The Mayor and Council may comment on maers of public concern and announce maers of public interest; no collective council action will be taken.

CITY COUNCIL MEETING AGENDA FEBRUARY 15, 2022
4 Anticipated Future Council Items of Note:

March 1, 2022
Home 2 Suites Reimbursement Agreement
SDG 217 Use Permit Appeal
Housing Element Update
March 15, 2022
Annual Police Report
Annual Communications Report
ARPA Funding Appropriations

19. City Council Committee Report - Councilmember David Oro

20. City Council Committee Report - Councilmember Mark Joseph

ADJOURNMENT

CERTIFICATION
I, Taresa Geilfuss, City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council was posted in compliance with the Brown Act prior to the meeting date. ______________________________________
Taresa Geilfuss, City Clerk
CITY COUNCIL MEETING AGENDA FEBRUARY 15, 2022
5 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
January 18, 2022
OPEN SESSION – 6:30 P.M.

CALL TO ORDER
The meeting was called to order at 6:35 p.m.

PLEDGE OF ALLEGIANCE
Mayor Leon Garcia led the Pledge of Allegiance.

MEETING ANNOUNCEMENT
Mayor Leon Garcia read the Meeting Announcement.

ROLL CALL

Present: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington

Absent: None

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney provided a report upon return from closed session. Closed Session commenced at 4:41 p.m. Closed Session adjourned at 6:26 p.m. A written report will be provided.

3. Proclamation - American Canyon's 30th Anniversary
Mayor Garcia read the proclamation for American Canyon's 30th Anniversary, with special letters received from California State Assemblymember Cecilia Aguiar-Curry and California State Senator Bill Dodd.

4. Oath of Office - Police Chief Rick Greenberg
City Clerk Taresa Geilfuss administered the Oath of Office for Police Chief Rick Greenberg.

PUBLIC COMMENT - ITEMS NOT ON THE AGENDA
Mayor Leon Garcia opened Public Comments. Written: Joan Bennett. Oral: Justin Hamilton Hole was called to speak; Beth Marcus was called to speak. Mayor Leon Garcia closed Public Comments.

AGENDA CHANGES
There were no agenda changes.
6 CONSENT CALENDAR
Action: Motion to adopt the Consent Calendar made by Councilmember David Oro, seconded by Vice Mayor Mariam Aboudamous, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

5. Minutes - Regular City Council Meeting of December 21, 2021 Action: Approved the minutes from the regular City Council of December 21, 2021.

6. Closed Session Report - December 21, 2021
Action: Approved the Closed Session Report from the Regular City Council Meeting of December 21, 2021.

7. Closed Session Report - January 11, 2022
Action: Approved the Closed Session Report from the Special City Council Closed Session meeting of January 11, 2022.

8. Continued Use of Remote Teleconference for Meetings
Action: Adopted Resolution 2022-02 reaffirming that a local emergency exists, re-ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing continued use of remote teleconferenced meetings of legislative and advisory bodies of the City of American Canyon for the period of January 18, 2021 - February 15, 2022, pursuant to Ralph M.

Brown Act.

9. 2021 Annual Napa Logistics Phase 2 Development Agreement Review Action: Adopted Resolution 2022-03 of the City Council of the City of American Canyon, California, finding that DWF IV NLP II, LLC has demonstrated “Good Faith efforts” to comply with the Napa Logistics Phase 2 Development Agreement obligations during Calendar Year 2021.

10. Labor and Employment Counsel Services
Action: Adopted Resolution 2022-04 approving Agreement 2022-02 with Sloan Sakai Yeung & Wong LLP to provide legal assistance to the City on employment related matters and upcoming labor contract negotiations.
7 PUBLIC HEARINGS

11. Acquisition of Certain Property for Public Purposes Council received a statement from City Attorney William Ross who recommended that Council close the Public Hearing continued from January 7, 2022, as no action from Council is needed at this time.

Action: Motion to close the Continued Public Hearing on Acquisition of Certain Property for Public Purposes made by Vice Mayor Mariam Aboudamous, seconded by Councilmember David Oro, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

12. Urgency Ordinance and Zoning Code Amendment - Fuel Stations Council received a staff report from Community Development Director Brent Cooper. Mayor Garcia opened public comments. Written comments: none. Oral comments: none. Mayor Garcia closed public comments.

Action: Motion to adopt Interim Urgency Ordinance 2022-01 of the City Council of the City of American Canyon, California, enacted pursuant to California Government Code Section 65858 establishing a 12-Month Temporary Moratorium on the approval of discretionary applications for new fuel stations that are not complete as of the effective date of this Ordinance in all zoning districts in the City of American Canyon pending review and possible amendment of Municipal Code Regulations; and setting forth the facts constituting such urgency (PL21-0005) made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None
Action: Motion to adopt an Ordinance of the City Council of the City of American Canyon, California, amending the American Canyon Municipal Code Chapter 19.04 Definitions; Chapter 19.05 Commercial Classifications; Chapter 19.11 Commercial Zoning District; Chapter 19.49 Nonconforming Uses, Structures and Lots; and Broadway District Specific Plan Table 2-3 Permitted Uses; to prohibit new and expanded service stations in all zoning districts in the City of American Canyon that engage in retail sale of motor vehicle fossil 8 fuels (PL21-0028) made by Vice Mayor Mariam Aboudamous, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

BUSINESS

13. Amendment 17 to Napa County Agreement No. 3220 for Law Enforcement Services Council received a staff report from Police Chief Rick Greenberg. Mayor Garcia opened Public Comments. Written comments: none. Oral comments: none. Mayor Garcia closed Public Comments.

Action: Motion to adopt Resolution 2022-05 approving Amendment 17 to Napa County Agreement No. 3220 (AC Agreement 2022-03) with the Napa County Sheriff’s Office for law enforcement services for the period March 1, 2022, through June 30, 2024 made by Councilmember Mark Joseph, seconded by Vice Mayor Mariam Aboudamous, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

14. Annual Comprehensive Financial Report
Council received a staff report from Finance Director Lincoln Bogard with Auditor Brian Nash.

Mayor Leon opened Public Comments. Written comments: none. Oral comments: none. Mayor Garcia closed Public Comments.

Action: Council received and filed the report.

MANAGEMENT AND STAFF ORAL REPORTS
City Manager Jason Holley gave a status update regarding Covid and City Hall staffing. Public Works Director Erica Ahman Smithies provided an update on Devlin Road and Eucalyptus sidewalk projects.
9 MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS
Councilmembers reviewed their submitted reports with Councilmember Oro adding an Art Committee site visit to his report. Councilmembers commented on items of interest. Mayor Garcia commented in disappointment that Supervisor Belia Ramos was not appointed chair of the Napa County Board of Supervisors.

ADJOURNMENT
The meeting was adjourned at 8:10 p.m.

Respectfully Submitted,
____________________
Taresa Geilfuss
10 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
February 1, 2022
PUBLIC ADDRESS – CLOSED SESSION 5:30 P.M.

Present: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington

Absent: None
5:30 P.M. CLOSED SESSION
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER
The meeting was called to order at 6:34 p.m.

PLEDGE OF ALLEGIANCE
Mayor Garcia led the Pledge of Allegiance.

MEETING ANNOUNCEMENT
A meeting announcement pursuant to AB 361 was made by Mayor Leon Garcia.

ROLL CALL

Present: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington

Absent: None

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION Closed Session commenced at 5:33 p.m. after Council added the evaluation of City Manager as a matter to be Considered in Closed Session. Closed Session adjourned at 6:22 p.m. City Attorney William Ross provided an oral report upon return from Closed Session, and stated that a written report would also be provided.

PROCLAMATIONS AND PRESENTATIONS

3. Proclamation - Black History
Mayor Garcia announced the Proclamation with Brenda Knight to accept. Ms. Knight also announced the Juneteenth event that will take place on June 19, 2022.

4. Oath of Office - Alexandra Ikeda
11 City Clerk Taresa Geilfuss administered the Oath of Office to Alexandra Ikeda, Parks & Recreation Director. Written comment: Clarence Mamaril.

PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia opened Public Comments. Written comments: Andre Gardiner, Rose Maldorado, Sharon Rucker, Tammy Wong, Cecilia Medeiros. Justin Hamilton Hole was called to speak; Justin Hamilton Hole was called to speak; Joy Hilton was called to speak; Tammy Wong was called to speak. Mayor Garcia closed Public Comments.

AGENDA CHANGES
There are no agenda changes

CONSENT CALENDAR
Action: Motion to adopt Approve the Consent Calendar. made by Councilmember Mark Joseph, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

5. Minutes of January 7, 2022 - Special City Council Meeting Action: Approved the minutes of January 7, 2022, Special City Council meeting.

6. City Attorney January 18, 2022 - Closed Session Report Action: Approved the City Attorney Closed Session Report for the meeting of January 18, 2022.

7. Zoning Code Amendment - Fuel Stations
Written comments: Linda Brown, and Lori Stelling
Action: Waived second reading, read by title only, and adopted Ordinance 2022-02 of the City Council of the City of American Canyon, California, amending the American Canyon Municipal Code Chapter 19.04 Definitions; Chapter 19.05 Commercial Classifications; Chapter 19.11 Commercial Zoning District; Chapter 19.49 Nonconforming Uses, Structures and Lots; and Broadway District Specific Plan Table 2-3 Permitted Uses; to prohibit new and expanded service stations in all zoning districts in the City of American Canyon that engage in retail sale of motor vehicle fossil fuels (PL21-0028).

PUBLIC HEARINGS

8. Acquisition of Certain Property for Public Purposes
12 Council received a staff report from City Attorney William Ross. Mayor Garcia opened the public hearing. Written comment: Rose Maldonado. Oral comments: None. Mayor Garcia closed the public hearing.

Action: Motion to adopt Resolution 2022-06 finding and determining that the public interest, convenience, and necessity require the acquisition of certain property for public purposes and to initiate eminent domain proceedings for property bearing Assessors' Parcel Number 059-030-007, which is necessary for the construction of portions of the Watson Ranch Backbone Improvement Project, including the northern extension of Newell Drive and the construction of the Napa Valley Vine Trail made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

BUSINESS
Action: Motion to move item 10 to be heard before item 9. made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None

10. Declaration of a Climate Emergency
Councilmember Joseph and Councilmember Washington introduced the Resolution and Alisa Karesh commented with thanks to Council. Mayor Garcia opened Public Comments. Written comment: Lori Stelling. Oral comments: Jim Wilson was called to speak; Tammy Wong was called to speak; Chris James was called to speak. Celeste Mirassou was called to speak; Linda Brown was called to speak. Mayor Garcia closed Public Comments.

Action: Motion to adopt Resolution 2022-07 adopting the AD-HOC Climate Action Committee's recommendation to declare a Climate Emergency. made by Councilmember Mark Joseph, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None
13 Absent: None
14 9. Citywide Capital Improvement Needs and American Rescue Plan Act Funding Discussion City Manager Jason Holley introduced this item. Council received a staff report from Public Works Director Erica Ahman Smithies, Maintenance & Utilities Director Felix Hernandez, III and Finance Director Lincoln Bogard. Mayor Garcia opened Public Comments. Written comments: recorded in Public Comments, Items Not on the Agenda. Oral comments: Tammy Wong was called to speak; Chris James was called to speak; Justin Hamilton Hole was called to speak; Steve Brook was called to speak. Mayor Garcia closed Public Comments. City Manager Jason Holley provided a recap of Council direction.

MANAGEMENT AND STAFF ORAL REPORTS
Assistant City Manager Maria Ojeda spoke regarding the success of the recent job fair. Finance Director Lincoln Bogard reported that the grant for water utilities was approved. They will be submitting a similar grant request for wastewater. Parks & Recreation Director Alexandra Ikeda announced the launch of the new P&R registration software, and a few upcoming events. City Manager Jason Holley announced his and Assistant City Manager Maria Ojeda's attendance at a City Manager's conference for the rest of the week.

11. Public Works Department Update
Public Works Director Erica Ahman Smithies provided an update on Public Works projects.

MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS

12. City Council Committee Report - Councilmember Mark Joseph

13. City Council Committee Report- Councilmember David Oro Mayor and councilmembers reviewed their summitted Committee Reports, commented on items of interest, and thanked staff for their work and dedication to the city.

ADJOURNMENT
The meeting was adjourned in recognition of Chinese New Year at 8:49 p.m.

CERTIFICATION
Respectfully submitted,
__________________________
Taresa Geilfuss, City Clerk
15 William D. Ross
David Schwarz
Kypros G. Hostetter
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
Facsimile: (650) 843-8093
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 199/6
February 2, 2022

VIA E-MAIL
The Honorable Leon Garcia, Mayor
and Members of the City Council
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Re: Report Upon Return from Closed Session; Virtual Regular Meeting of the American Canyon City Council; February 1, 2022
Dear Mayor Garcia and Members of the City Council:

This communication sets forth reportable action, if any, of the City Council (“Council”) of the City of American Canyon (“City”), consistent with provisions of the Ralph M. Brown Opening Meeting Act (Government Code Section 54950, et seq.) resulting from the Closed Session of the Virtual February 1, 2022 Regular Council Meeting, consistent with Government Code Section 54957.1.

After convening in Open Session at 5:33 p.m. and determining that there were no public comments on the agendized Closed Session matters, your Council unanimously (5-0) added an additional matter for Closed Session consideration: Evaluation of City Manager, pursuant to Government Code Section 54957(b). You then adjourned to Closed Session at 5:34 p.m.

There were two matters agendized for City Closed Session consideration.

1. Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
a. City of American Canyon v. Pamela Smith, et al.
(Napa County Superior Court Case No. 22CV000041)
b. Napa County Flood Control and Water Conservation District v.

California Department of Water Resources
(Department of General Services Claim No. ORIM 006)
16 The Honorable Leon Garcia, Mayor
and Members of the City Council
February 2, 2022

Page 2 ends

2. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)
Two Matters
With respect to Closed Session Agenda Item Nos. 1.a. and 1.b., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).

With respect to the first matter considered under Closed Session Item No. 2., there was reportable action in that Council unanimously (5-0) authorized the Mayor to execute the Seventh Amendment to the Tolling Agreement between the County of Napa, County of Napa Airport Land Use Commission (“ALUC”), the City of American Canyon and R.H. Development Company with respect to a prospective challenge by the County and the ALUC to the City’s override of the ALUC decision, with respect to the Oat Hill Residential Project. The Council also unanimously (5-0) authorized the preparation of a transmittal letter to the County and the ALUC indicating that if proposed text amendment to the Airport Land Use Commission Compatibility Plan was not completed by April 7, 2022, that the City and the Applicant would exercise their right to terminate the Tolling Agreement. Except as indicated, there was no other reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).

With respect to the second matter considered under Closed Session Item No. 2., there was reportable action to indicate incremental actions will be taken to comply with Council direction of January 18, 2022 to annex the Paoli Loop Watson Lane Area to the City by City application.

Except as indicated, there was no other reportable action concerning this matter under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).

With respect to the third Closed Session matter considered in which the City Attorney did not participate, there was no reportable action under the provisions of Government Code Section 54957(b).

The Closed Session concluded at 6:22 p.m. and then conveyed in Open Session at 6:34 p.m. where it was indicated that a written report upon return consistent with Government Code Section 54957.1, would be prepared.

This communication should be reviewed under the Consent portion of the Agenda of your next Regular or Special City Council Meeting.
/
/
/
17 The Honorable Leon Garcia, Mayor
and Members of the City Council
February 2, 2022

Page 3 ends

Should you have questions concerning this Report, it may be taken off the Consent calendar when agendized in the future, or our office may be contacted in the interim.

Very truly yours,
William D. Ross
City Attorney
WDR:jf
cc: Jason B. Holley, City Manager
Maria Ojeda, Assistant City Manager
Taresa Geilfuss, City Clerk
18 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 6.

TITLE
Continued Use of Remote Teleconference for Meetings

RECOMMENDATION
Adopt a Resolu)on reaffirming that a local emergency exists, re-ra)fying the Proclama)on of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing con)nued use of remote teleconferenced mee)ngs of legisla)ve and advisory bodies of the City of American Canyon for the period of February 15 2022 - March 17, 2022 pursuant to to Ralph M. Brown Act.

CONTACT
William D. Ross, City Attorney

BACKGROUND & ANALYSIS
Because of the COVID-19 Pandemic, the City Council, as well as the City Planning Commission and Board of Directors of the American Canyon Fire Protec)on District, have been conduc)ng mee)ngs via Zoom teleconference, as allowed by Execu)ve Order N-29-20. However, the Execu)ve Order expired on September 30, 2021.

Assembly Bill 361, which was approved at by the Governor on September 16, 2021, allows local agencies such as the City to con)nue to meet by Zoom or other teleconferencing methods, provided that certain conditions are met.

The effect of Execu)ve Order N-29-20 was to suspend certain provisions of the Ralph M. Brown Open Mee)ng Act (Government Code Sec)on 54950 et seq.), which only allowed remote teleconference par)cipa)on by City Council Members through a pos)ng process at each teleconferenced member’s loca)on, with agenda provisions indica)ng that each teleconferenced location be accessible to the public.

The enclosed Resolu)on would comply with the provisions of AB 361 and allow con)nued Zoom mee)ngs of the City Council un)l full in-person mee)ngs are resumed. The ability to con)nue to meet by Zoom, even in conjunc)on with Open Mee)ngs, can be accomplished by the City Council provided that monthly resolutions are agenized and enacted with provisions referencing appropriate confirmation of declared emergencies are described.
19 Stated plainly, the City Council will have to enact a “361 Resolu)on” at least every 30 days to allow the Zoom teleconferencing procedure to continue.

Changes to the first page of the City Council Agendas were made made beginning October 2021, as the means for the public to par)cipate via con)nued Zoom teleconference will have to be described consistent with the AB 361 procedures rather than the now-expired Executive Order N-29-20.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
None.

ENVIRONMENTAL REVIEW
15378(b) - The ac)on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec)ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - AB361
20 1
RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY OF AMERICAN CANYON CITY COUNIL REAFFIRMING THAT A

LOCAL EMERGENCY EXISTS, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING CONTINUED USE OF

REMOTE TELECONFERENCED MEETINGS OF LEGISLATIVE AND ADVISORY BODIES OF THE CITY OF AMERICAN CANYON FOR THE PERIOD OF FEBRUARY 15, 2022 THROUGH MARCH 17, 2022 PURSUANT TO THE RALPH M. BROWN ACT
WHEREAS, the City of American Canyon (“City”) is committed to preserving and nurturing public access and participation in meetings of the American Canyon City Council (“City Council”), Council committees, Planning Commission, and all other advisory, elected and appointed committees and commissions (“City Decision Making Bodies”); and,
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and,
WHEREAS, a required condition for such teleconference meetings is that a state of emergency be declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, that proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, that proclamation also requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, emergency conditions exist in the City, specifically, a State of Emergency has been proclaimed by Governor Newsom on March 4, 2020, proclaiming a State of Emergency to exist in California as a result of the threat of COVID-19; and,
21 2
WHEREAS, during the COVID-19 pandemic, the City Council has conducted remote, teleconferenced meetings consistent with the Governor’s Executive Orders promoting social distancing;
WHEREAS, consistent with AB 361, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and, WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020, and issued Executive Order N-25-20 on March 12, 2020 proclaiming temporary amendments to State law and regulations related thereto; and
WHEREAS, on March 16, 2020 the City’s Director of Emergency Services issued a Proclamation of a Local Emergency by the City of American Canyon Director of Emergency Services and Acknowledgement of a State Proclamation Declaring of a State of Emergency and Acknowledgement of a Federal Proclamation Declaring of a National Emergency (P2020-001) (the “Proclamation”); and
WHEREAS, on March 17, 2020, the American Canyon City Council ratified the Proclamation. The City Council took actions to extend the Proclamation on May 5, June 16, August 4, and October 6, 2020.

WHEREAS, due to the continuing pandemic, the surge of the Delta Variant of COVID-19, followed by the surge of the Omicron Variant, conducting meetings in person continues to present imminent risk to health and safety of attendees; and,
WHEREAS, the City Council hereby finds that the coronavirus causing the State of Emergency proclaimed by Governor Newsom on March 4, 2020, the Delta Variant of COVID-19 surging in Napa County, followed by the surge of the Omicron Variant, has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to re-affirm that a local emergency persists and re-ratify the Proclamation of State of Emergency by the Governor of the State of California; and,
WHEREAS, as a consequence of the local emergency, the City Council does hereby find that City Decision Making Bodies shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and,
WHEREAS, the City is providing teleconference access via a conference phone-line number to the meetings to ensure public access.
22 3

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Exists. The City Council hereby proclaims that a local emergency continues to exist throughout the City, and the surging of Delta and Omicron Variants of COVID-19 would present an imminent risk to meeting in person.

Section 3. Re-Ratifies of Governor’s Proclamation of a State of Emergency. The City Council hereby re-ratifies the Governor’s Proclamation of State of Emergency issued on March 4, 2020.

Section 4. Remote Teleconference Meetings. City Decision Making Bodies and City Staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public teleconferenced meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until such time as the City Council adopts a subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which City Decision Making Bodies may continue to conduct teleconferenced meetings without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the American Canyon City Council held on the 15th day of February 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM
Taresa Geilfuss, City Clerk William D. Ross, City Attorney 23 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 7.

TITLE
Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation

RECOMMENDATION
Adopt a Resolu.on authorizing the City Manager to execute Amendment #3 to Agreement 2016- A117 with Questa Engineering Corpora.on, in the amount of $31,623 for a total contract amount not to exceed $184,790, for the Newell Open Space Trail Project (PR13-0200).

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Ron Ranada, P.E., Senior Civil Engineer

BACKGROUND & ANALYSIS
On May 4, 2021, City Council authorized the City Manager to execute Amendment #2 to Agreement 2016-A177 with Questa Engineering Corpora.on in the amount of $100,544, for a total contract amount not to exceed $153,167, to assist in the property acquisi.on and complete the trail design for the Newell Open Space Trail Project (PR13-0200).

As design efforts began, a new and significant component that was iden.fied as a design improvement was the placement of the entry driveway at Newell and Donaldson. Staff requested Questa to provide a proposal for this additional refinement.

As right-of-way acquisi.ons efforts have progressed, it has also been determined that right-of-way consultant services (by others under separate contract) will be necessary. However, suppor.ng items are needed from Questa to facilitate this effort. Hence, staff requested Questa to provide a proposal for this as well.

Questa responded with a proposal (see AEachment #3) for their services to address the above amounting to $31,623.

Staff recommends the Council to authorize the City Manager to execute Amendment #3 to Agreement 2016-A177 with Questa Engineering Corpora.on, in the amount of $31,623 for a total contract amount not to exceed $184,790, for the Newell Open Space Trail Project (PR13-0200). 24 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Outdoors and Recrea.on: "Expand opportuni.es for use of outdoor recrea.on and an ac.ve and healthy lifestyle."

FISCAL IMPACT
The FY21/22 Project Budget is $394,853, and includes sufficient funds to cover the proposed action.

ENVIRONMENTAL REVIEW
The Recommended Ac.on is not a “Project” subject to review under the California Environmental Quality Act (CEQA).

ATTACHMENTS:

1. Resolution - Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation

2. Agreement for Amendment #3

3. Agreement Attachment A - Questa Engineering Proposal Resolution - Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation.docx 25 RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #3 TO AGREEMENT 2016-A177 WITH QUESTA ENGINEERING CORPORATION, IN THE AMOUNT OF $31,623, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $184,790, FOR THE NEWELL OPEN SPACE TRAIL PROJECT (PR13- 0200)
WHEREAS, in 2012, the City selected Questa Engineering Corporation after a public Request for Proposal process to conduct an access feasibility study and eventually design the Newell Open Space Trail Project; and
WHEREAS, in 2016, the trail design was started but the project was put on hold due to property acquisition needs; and
WHEREAS, on May 4, 2021, the City Council authorized the City Manager to execute Amendment #2 to Agreement 2016-A177 with Questa Engineering Corporation in the amount of $100,544, for a total contract amount not to exceed $153,167, to assist in the property acquisition and complete the trail design for the Newell Open Space Trail Project; and
WHEREAS, additional design components have been identified, and additional services are needed in support for right-of-way acquisition efforts to further design of the Project; and WHEREAS, Questa Engineering Corporation has provided a proposal in the amount of $31,623 for their services to address the aforementioned design and right-of-way acquisition needs; and WHEREAS, there are sufficient funds as provided by the FY21/22 Project Budget to pay for the services contemplated.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation, in the amount of $31,623 for a total contract amount not to exceed $184,790, for the Newell Open Space Trail Project (PR13-0200).

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
26 2
_______________________________ _____________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 27 CITY OF AMERICAN CANYON AGREEMENT NO. 2022-xxxx
AMENDMENT #3 TO AGREEMENT NO. 2016-A177 TO THE CITY OF AMERICAN

CANYON STANDARD DESIGN PROFESSIONAL AGREEMENT FOR

NEWELL OPEN SPACE PRESERVE PUBLIC ACCESS WITH
QUESTA ENGINEERING CORP.

RECITALS

1. The City of American Canyon (“City”) and Questa Engineering Corp.(“Questa”), have entered into an Agreement #2016-A177 dated November 2, 2016 for $52,623.

2. The City and Questa have entered into Amendment #1, Agreement 2017-A133, dated July 7, 2017 to extend the time of performance to December 31, 2017.

3. The City and Questa have entered into Amendment #2, Agreement 2021-49, dated June 8, 2021 to increase the contract amount $100,544 for a total NTE contact amount of $153,167 and extend the time of performance to June 30, 2022

4. The Agreement provides for amendments to perform specific tasks under a specific scope of services that may arise during the term of the agreement.

NOW, THEREFORE, CITY and QUESTA ENGINEERING CORP. agree as follows:

1.00 SERVICES AND COMPENSATION
Questa Engineering Corp. agrees to provide services as listed in Attachment “A” to increase the contract amount for additional services in the amount of $31,623 for a total not to exceed contract amount of $184,790 (one hundred eight-four thousand seven hundred ninety dollars).

2.00 TIME OF PERFORMANCE
The services covered by this Amendment shall be performed or provided by June 30, 2023.

3.00 REMAINING PROVISIONS
All other terms of the November 2, 2016 Agreement remain in full force and effect.

Executed on __________________, at American Canyon, California.

CITY: QUESTA ENGINEERING CORP.:

By: ____________________________ By: __________________________ Jason B. Holley Jeffrey H. Peters
City Manager Principal 28
Box 70356, 1220 Brickyard Cove Rd. Suite 206 Pt. Richmond, CA 94807 T: 510/236.6114 F: 510/236.2423 E: [email protected] January 14, 2022
Kristine M. Delos Santos
Engineer II
City of American Canyon | Public Works Department Engineering 4381 Broadway Street, Suite 201
American Canyon, CA 94503
[email protected]
Subject: Proposal for Newell Open Space Preserve – Additional Services Dear Ms. Delos Santos,
Questa Engineering Corporation is pleased to present this proposal and fee estimate to prepare Plans, Specifications & Cost Estimate (PS&E) for additional services associated with the Newell Open Space Preserve. The Engineering Plans for the driveway area opposite Donaldson Ave. and near Newell Creek will be incorporated into our overall Plan set as described in the CIP-1185 dated 11/17/2016 and Agreement Amendment 2021-49 dated 6/8/2021. This proposal describes the additional work and work tasks needed to accomplish this addition to the plan set, including obtaining additional topographic survey information covering the proposed driveway area. In general, the work will proceed concurrently with the other prior approved work tasks and go through 60%, 90% and 100% completion and submittals for your review.

Following are design components and assumptions for incorporating the driveway extension related work:

9.1 Design of the driveway extension from the proposed parking area will allow for ingress at the Newell & Donaldson intersection. The driveway will meet City standards and label centerline alignment.

9.2 Design assumes that the north/south pedestrian access will cross the driveway extension and transition to the west side of the driveway to its southern terminus at the northern east-west crosswalk.

9.3 We assume that any new or replacement paving will be less than 5,000 square feet and therefore a C3 stormwater management plan will not be needed.

9.4 Design will set grades along centerline and edge of pavement.

9.5 Design will include possible pavement section enhancements along outside edge of driveway, which may require either a thickened edge or a small retaining wall to support the eastern edge of pavement.

9.6 Design will include entry monument sign based on City standard, which we assume is to be moved to this revised ingress location.

9.7 Design will include Preliminary Planting/Landscape Plan along driveway extension, and to continue to show this as an Additive Alternate on Bid Schedule to allow City/volunteers to do installation and maintenance.

9.8 Design will include a utility plan, as needed, along the driveway extension. 29

Page 2 ends

City of American Canyon
January 14, 2022

9.9 Deliverables will be 60%, 90%, and 100% submittals in accordance with the other work areas.

9.10 Design is assumed to not need environmental permitting.

10.1 Prepare appraisal map for City use in preparing a formal government offer of lot line adjustment.

WORK TASKS
In general the engineering and design work will proceed concurrently with the other prior approved work tasks and go through 60%, 90% and 100% completion and submittals for your review

PERSONNEL
The work will be completed under the supervision of Questa Principal Jeff Peters. Carl Nelson, PE, will be Project Manager /Engineer and Margaret Henderson, ASLA, will be the Project Landscape Architect. The surveyor will be Cinquini & Passarino.

FEE ESTIMATE
Our estimated Not-to-Exceed fee is $31,623, which includes $14,030 of survey work by Cinquini and Passarino. Our fees are shown in Table 1, attached.

SCHEDULE
We anticipate initiating work within 2 weeks of Notice To Proceed. (NTP) Thank you for the opportunity to continue our work on the Newell Open Space Preserve. We look forward to working with the City on this project. If you have any questions, please do not hesitate to contact me at (510) 236-6114, ext. 236, by email at [email protected], or Mr. Jeff Peters at extension 206 or [email protected].

Sincerely,
Carl H. Nelson, PE
Project Manager
Jeffrey H. Peters
Principal
Ref: 1600080P5
30 Principalin-Charge Sr. Landscape Architect/ Env. Planner Project Manager/Eng ineer Sr. Engineering Geologist Staff Engr./ Lands. Arch. Tech Writer $185.00 $165.00 $165.00 $170.00 $120.00 $95.00

9. Donaldson Extension (60%, 90%, Final) 8.0 8.0 40.0 2.0 48.0 106.0 $15,50010. Appraisal Mapping 0.5 8.0 4.0 12.5 $1,893

0.0 $00.0 $0
PS&E Subtotal 8.5 8.0 48.0 2.0 52.0 0.0 118.5 $17,393
TOTAL HOURS 8.5 8.0 48.0 2.0 52.0 0.0 118.5 -
TOTAL LABOR BY TEAM MEMBER $1,573 $1,320 $7,920 $340 $6,240 $0

DIRECT EXPENSES
Printing and Reproductions, Postage $200Vehicle and MileageMisc. Supplies and MaterialsSurveyor (C&P) $14,030 TOTAL EXPENSES $14,230
TOTAL PROJECT COST $31,623
$17,393
Newell Open Space Preserve Nature Trail PS&E- Additional Services - Donaldson Extension & Appraisal Mapping TABLE 1: COST PROPOSAL
Questa Engineering TOTALS

TASK DESCRIPTION
Total
Hours by
Task
Total
Fees by
Task
31  BOUNDARY  TOPOGRAPHIC  CONSTRUCTION
 RAILROAD  INFRASTRUCTURE  HYDROGRAPHIC
CINQUINI & PASSARINO,INC.

LAND SURVEYING
9417-21
January 13, 2022
Mr. Carl Nelson
Questa Engineering, Inc.
1220 Brickyard Cove Road, Suite 206
Richmond, CA 94807
Re: Scope of Work and Fee Amendment No. 1
Newell Open Space
Dear Carl:

Cinquini & Passarino, Inc. is pleased to provide you with a proposed scope of work and fee amendment to our Agreement for Professional Land Surveying services for your project.

We will provide the following Scope of Work based

SCOPE OF WORK
Task 1 – Supplemental Topographic Mapping.

We will perform supplemental topographic mapping of the area shown on your email dated January 4, 2021 and shown to the right in the blue and green areas. Mapping will be based on the existing project coordinate system for the project.

Topographic survey will include all necessary work to produce a topographic map, including features such as, but not limited to; building corners and elevations, curb lines, water meters, sewer cleanouts, valves, manholes (including rim, invert and pipe information), utility markings on the pavement, utility poles, driveway and doorway locations, sidewalks, trees four (4) inches and larger, retaining wall or decorative walls, and any other pertinent information that could apply to the project during design.

Task 2 – Appraisal Mapping
Prepare appraisal mapping for the Lot Line Adjustment application areas shown on the plan for the proposed Lot Line Adjustment figure dated January 4, 2021.

Does not include title reports for each parcel
FEE
The fee for the work will be as follows:

Task 1 will be $7,750.00.

Task 2 will be $6,280.00.
32 Scope and Fee Amendment No. 1
Mr. Carl Nelson
Questa Engineering, Inc.

January 13, 2022

Page 2 ends

If you would like Cinquini & Passarino Inc. to commence work on this project, please sign this Letter of Authorization where indicated below, and return it to me at your earliest convenience.

Please call me if you have any questions or concerns.

Very truly yours,
CINQUINI & PASSARINO, INC.

Jim Dickey, PLS
Principal
I HEREBY AUTHORIZE CINQUINI & PASSARINO, INC. TO PROCEED WITH SCOPE OF WORK AND FEE AMENDMENT NO. 1 TO PROJECT AND GUARANTEE PAYMENT OF BALANCE DUE UPON RECEIPT OF INVOICE FOR WORK.

AUTHORIZED SIGNATURE DATE

PRINT NAME
33 RESOLUTION NO. 2022-______

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
34 2
_______________________________ _____________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 35 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 8.

TITLE
North Bay Agency Chemical Pool Adjustment

RECOMMENDATION
Adopt a Resolu*on authorizing an adjustment of purchase of chemicals for the Water Treatment Plant for FY 2021/22.

CONTACT
Felix Hernandez, III, Maintenance and Utilities Director Sherri Cassidy, Administrative Technician

BACKGROUND & ANALYSIS
The City cooperates with other local agencies to obtain bulk pricing for chemicals to aid in the treatment of drinking water. The “North Bay Agency Chemical Pool” (NBACP) is comprised of the cities of American Canyon, Napa, Vallejo, Fairfield, Vacaville and others.

On June 15, 2021, the City Council Authorized the purchase of chemicals from Brenntag, BWS, Chemtrade, Univar, and Thatcher in amounts totaling $250,000 for the treatment of drinking water at the Water Treatment Plant and $45,000 for the Waste Water Treatment Plant for a total amount of $295,00 for Fiscal Year 2021/22 (Resolution 2021-42).

Staff is reques*ng an adjustment to increase funds for chemicals due to price increases for Sodium Hydroxide (Caus*c Soda) and shipping costs. The NBACP members have nego*ated with Brenntag (ACachment 2) and agreed to increase the amount for purchase of Caus*c made between January 18, 2002 and March 31, 2022 as follows:
50% NaOH Dry ton: $602.00
25% NaOH Dry ton: $690.00
NBACP is reques*ng Brenntag advise NBACP of any requested adjustment for the period of April 1, 2022 through June 30, 2022. NBACP is reques*ng this no*fica*on by March 1, 2022, so that it may engage in the process recently undertaken regarding subject increases. If such no*ce is not received, the price increase will cease, and will revert to the bid cost amounts contained in the original agreement as follows:
36 50% NaOH Dry ton: $402.99
25% NaOH Dry ton: $499.90
Due to increased tax/shipping and chemical costs staff is reques*ng an addi*onal $70,000 for at total of $320,000 for the treatment of drinking water at the Water Treatment Plant. The cost for the Waste Water Treatment Plant will remain as approved for $45,000 for a total amount of $365,000.

Flexibility to adjust P.O.’s should the need arise based on actual consumption in FY 2021/2022.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
Subject to the Mid-Year Adjustment under considera*on by Council later this evening, sufficient funds are budgeted in the FY 2021/22 Water Opera*ons Budget Line ltem 510-50-560-43115 – Opera*ng Supplies and the Waste Water Opera*ons Budget Line Item 540-50-570-43115 – Operating Supplies to implement the Recommended Action.

ENVIRONMENTAL REVIEW
15378(b) - The ac*on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec*ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - WTP Chemical Purchase Adjustment FY21-22

2. Caustic Price Increase
37 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON

AUTHORIZING THE ADJUSTMENT OF PURCHASE OF CHEMICALS
FOR THE WATER TREATMENT PLANT FOR FY 2021/22
WHEREAS, the City of American Canyon cooperates with other local agencies to obtain bulk pricing for chemicals to aid in the treatment of drinking water. The “North Bay Agency Chemical Pool” is comprised of the cities of American Canyon, Napa, Vallejo, Fairfield, Vacaville and others; and WHEREAS, the City Council Authorized the purchase of chemicals from Brenntag, BWS, Chemtrade, Univar, and Thatcher in amounts totaling $250,000 for the treatment of drinking water at the Water Treatment Plant and $45,000 for the Waste Water Treatment Plant for a total amount of $295,00 for Fiscal Year 2021/22 (Resolution 2021-42); and
WHEREAS, an adjustment to increase funds for chemical increased costs, including tax/shipping in the amount of $70,000 for a total of $320,000 for the treatment of drinking water at the Water Treatment Plant; and
WHEREAS, the cost for the Waste Water Treatment Plant will remain as approved for $45,000 for a total amount of $365,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon authorizes an adjustment to the purchase of chemicals for the Water Treatment Plant for FY 2021/22.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _____________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 38 Dear Don,
NBACP Committee members (particularly those that purchase Sodium Hydroxide [Caustic) from Brenntag] met on January 11, 2022, to discuss Brenntag’s requested price increase. During the meeting, the members discussed the results of our survey and Brenntag’s willingness to adjust (reduce) the amount requested.

This communication serves as written notice to Brenntag that the NBACP members have agreed to your adjusted increase amount for purchases of Caustic made between January 18, 2022, and March 31, 2022, as follows:
50% NaOH Dry ton: $602.00
25% NaOH Dry ton: $690.00
NBACP requests that Brenntag advise the NBACP of any requested adjustments for the period of April 1, 2022, through June 30, 2022. NBACP requests this notification by March 1, 2022, so that it may engage in the process recently undertaken regarding the subject increase. If such notice is not received, the price increase will cease, and will revert to the bid cost amounts contained in the original agreement, as follows:
50% NaOH Dry ton: $402.99
25% NaOH Dry ton: $499.90
Thank you for your concession in increase requested and your patience while the committee evaluated your request.

Sincerely,
Bernie Ortega
NBACP Chair
39 NORTH BAY AGENCY CHEMICAL POOL (NBACP) - PRIMARY CHEMICAL BID RESULTS MAY 5, 2021 FY 2021 - 2022
ALUM ACID ALUM 50%
NaOH 25% NaOH LOX CO2 FERRIC SODIUM BISULFITE
(Dry Ton) (Dry Ton) (Dry ton) (Dry Ton) (CCF) lb (gallon) (gallon) (Dry Ton) (gallon) (Dry Ton) (adjusted) (gallon) (gallon) (gallon) Full Full Full Full 100% 100% Full Short Full Short Full Full 100% 24% Full short tote Brenntag Pacific, Inc. $402.99 $499.90 $0.77 $0.85 $7.50 Increase $712.00 $825.00 $0.50 $0.54 $7.59
$0.509 $0.543 $6.89
Univar Solutions $428.89 $533.85
Q1 $734.00 $865.00
Q2 $585.00 $738.00
$0.742 $0.786 $9.270
$0.4488 $0.4491 $27.0545

FISCAL YEAR
FY 21-22 $266.00 $450.00 $402.99 $499.90 $0.95 $0.09 $1,185.00 $0.6586 $0.8027 $900.00 $1.12 $2,226.09 $534.26 $0.4488 $0.4491 $27.0545 FY 20-21 $285.00 $375.00 $443.00 $567.00 $1.00 $0.07 $1,140.00 $0.70 $0.82 $810.00 $1.09 $1,604.35 $385.04 $5.50 $5.75 $6.50 FY 19-20 $255.00 $297.70 $674.60 $762.55 $756.00 $0.26 $0.00 $850.00 $0.65 $0.65 $1.05 $1,352.17 $325.50 $0.05 FY 18-19 $255.00 $297.70 $674.60 $762.55 $0.26 $0.0506 $0.00 $850.00 $0.65 $0.65 $756.00 $1.05 $1,352.17 $325.50 FY 17-18 $232.00 $257.00 $538.22 $630.88 $0.28 $98.32 $0.00 $800.00 $0.53 $0.59 $500.00 $1.03 $1,421.74 $341.22 FY 16-17 $229.00 $229.00 $395.00 $444.06 $0.27 $615.00 $645.00 $0.47 $0.57 $438.78 $0.94 $1,661.00 $398.64 FY 15-16 $204.00 $204.00 $399.13 $463.26 $0.28 $459.00 $462.00 $0.50 $0.57 $493.70 $0.89 $1,789.83 $429.56 FY 14-15 $184.00 $184.00 $445.00 $483.80 $0.27 $519.00 $555.00 $0.51 $0.58 $517.00 $0.91 $2,065.21 $495.65 FY 13-14 $277.60 $277.60 $452.00 $479.00 $0.24 $565.00 $540.00 $0.62 $0.50 $597.00 $0.75 $2,480.39 $595.29 FY 12-13 $398.00 $398.00 $475.00 $505.00 $0.21 $565.00 $540.00 $0.58 $0.48 No Bid $0.75 $2,550.00 $612.00 FLUORIDE Orthopolyphosphate

CHEMICAL VENDOR
LIQUID Cl2 (GAS)
(1-ton Cylinder)

12.5% NaOCl
40 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 9.

TITLE
Police Vehicles Outfitting and Teardown

RECOMMENDATION
Adopt a Resolu*on authorizing the ou,i-ng of seven (7) 2022 Ford Police Interceptors by Wa5co Emergency Equipment Installers in the amount of $292,400.

CONTACT
Brian Materne, Public Works Superintendent
Felix Hernandez, III, Maintenance and Utilities Director

BACKGROUND & ANALYSIS
The Police Department needs to replace four Patrol units and three Canine units due to age and mileage.

Police Department vehicles are ou,i5ed with specialized equipment provided by Wa5co Emergency Equipment Integrators (Fairfield, CA). The quote for ou,i-ng these vehicles is $292,400, including and 10% con*ngency (rounded up) and removing the old equipment from the re*ring vehicles to ready for auc*on. Wa5co is the sole-source provider for this service through the Napa County Sheriff’s Office. Wa5co’s prices are compe**ve and they have been reliable in delivering the vehicles within the timeframe promised.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Public Safety: "Ensure American Canyon remains a safe community."

FISCAL IMPACT
The result of the Recommended Ac*on will be an expenditure totaling $292,400. There is sufficient funding within the FY 2021/2022 Fleet Internal Service Fund, Budget Line Item 652-50-530-46120 Vehicles, to implement the Recommended Action.

ENVIRONMENTAL REVIEW
15378(b) - The ac*on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec*ons 21065 and 21080 41 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - Police Vehicle Replacement 2022
42 RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORIZING VEHICLE

OUTFITTING BY WATTCO EMERGENCY EQUIPMENT INSTALLERS FOR SEVEN NEW POLICE VEHICLES IN THE AMOUNT OF $292,400
WHEREAS, Seven Police Vehicles have been scheduled for replacement in FY 2021/2022; and WHEREAS, the vehicles will be outfitted by Wattco Emergency Equipment Installers in the amount of $292,400; and
WHEREAS, the vehicles being replaced will need to be stripped of equipment for auction.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the purchase of the following:

Dealer Type Cost
Wattco Removal of equipment from 7 retiring
vehicles
$8,550.00
Wattco Outfitting for 7 Ford Police Interceptors $257,201.34 10% Contingency (round up) 26,648.66
Total $292,400
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

STAFF REPORT

CONSENT
ITEM NUMBER: 10.

TITLE
Chemical Equipment Purchase for Water Treatment Plant

RECOMMENDATION
Adopt a Resolu*on authorizing the purchase of Qdos Chemical Pumps and Pod Style Duplex Skids from MISCOwater for the Water Treatment Plant in the amount of $78,474.33.

CONTACT
Felix Hernandez, III, Maintenance and Utilities
Dominic Patrick, Water Systems Manager

BACKGROUND & ANALYSIS
The Water Treatment Plant treats surface water through a series of mechanical and chemical processes. With the purchase of this equipment Water Treatment Plant Opera*ons replaces exis*ng chemical feed equipment that has reached its useful life. MISCOwater has provided a quote and sole source letter as shown in Attachment 2.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
Sufficient funds were budgeted in the FY 21/22 Budget for these equipment purchases. The breakdown is as follows:

ACCOUNT NUMBER DESCRIPTION DIVISION BUDGET
510-50-560-42310 REPAIRS AND MAINTENANCE WATER TREATMENT PLANT $78,474.33 QDOS CHEMICAL PUMP AND POD STYLE DUPLEX SKIDS (Attachment 1) in the amount of $78,474.33

1. Resolution - Qdos Chemical Pumps and Pod Style Duplex Skids

2. Chemical Equipment Quote & Sole Source Letter
45 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON

AUTHORIZING THE PURCHASE OF QDOS CHEMICAL PUMPS AND POD STYLE DUPLEX SKIDS FOR THE WATER TREATMENT PLANT IN THE AMOUNT OF $78,474.33 WHEREAS, the City’s Water Treatment Plant treats the city’s surface water; and WHEREAS, With the purchase of the Qdos Chemical Pumps and Pod Style Duplex Skids Staff will be able to treat the surface water of the City of American Canyon manually or automatically with less components subject to breakage; and
WHEREAS, the Qdos Chemical Pumps and Pod Style Duplex Skids has capabilities to perform regular maintenance tasks with no chemical exposure to the operator; and WHEREAS, The FY 21/22 fiscal budget includes funds for the purchase in accounts 510-50-560-42310 Repairs and Maintenance for a total amount of $78,474.33.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorize the City Manager to approve the purchase of Qdos Chemical Pumps and Pod Style Duplex Skids in the amount of $78,474.33.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 46 QUOTATION NO. Q012822_0-SRC
To: Dominic Patrick, City of American Canyon Date: January 18, 2022 Project: Chemical Metering Pumps Terms: Net 30
Sales Rep: Sean Coholan Freight: Included
Watson-Marlow Fluid Technology | Qdos Universal+ Pumps Quote Scope of Supply
Qdos 20 Pumps for Polymer
Qty (2) Qdos 20 Universal+ PU Pump;
One Right handed Pump (0M0.155R.GRA)
One Left Handed Pump (0M0.155R.GLA)
Each pump includes one PU pumphead rated 0.001 to 5.3 GPH up to 100 psi Include pumphead connectors
Qdos 60 Pumps for Sodium Hypochlorite
Qty (2) Qdos 60 Universal+ Pump;
One Right handed Pump (0M0.385R.GRA)
One Left Handed Pump (0M0.385R.GLA)
Each pump includes one SEBS/PVDF pumphead rated 0.001 to 15.85 GPH up to 60 psi Include pumphead connectors
Qdos 120 Pumps for Aluminum Sulfate and Sodium Hydroxide Qty (4) Qdos 120 Universal+ Pump;
Two Right handed Pumps (0M0.425R.GRA)
Two Left Handed Pumps (0M0.425R.GLA)
Each pump includes one Santoprene/PP pumphead rated 0.001 to 31.7 GPH up to 60 psi Include pumphead connectors
Pod Style Duplex Skids
Qty (4) Duplex Pod, fits two pumps
Fully functional chemical feed skid enclosure
-Accommodates all Qdos pump models
-Wall or tote mountable
47 5976 W. LAS POSITAS BLVD., #226
PLEASANTON, CA 94588
PH:(925) 225-1900 / FAX: (925) 225-9200
www.miscowater.com
- 2 -
Each skid includes calibration column, pressure gauge with isolator, pressure relief valve and piping Clear polycarbonate cover lid, hinged
Designed to allow air flow to dissipate heat in outdoor applications Standard 1/2" inlet/outlet connections
PVC piping, Viton O-rings and PE tubing
Side exit pumphead access and spill containent for pump and ancillary components See attached datasheet

Equipment Price (Freight Included): $72,830.00
Estimated Tax (7.75%): $5,644.33
Total: $78,474.33
*Does not include installation
Approximate Delivery Lead Time after approval: 8 weeks
MISCOwater’s Terms and Conditions of Sale are attached and are, by reference, a part of this quote.

All Sales and contracts made by us are expressly subject to the conditions as shown hereon and on the back hereof.

Stenographic and clerical errors subject to correction. Claims for shortages, defective goods, errors or allowances must be made within 30 days from date of invoice. This quotation shall be of no effect unless written acceptance is received by us within 30 days from the date hereof. We reserve the right to withdraw this quotation prior to our receipt of such acceptance.

Submitted By: Sean Coholan
48 qdos 20, 30, 60 and 120

PERFORMANCE
• Flow rates 0.1-2000ml/min (0.001-31.7USGPH) and up to 7 bar (100psi) RMS pressure
• ReNu pumphead provides accurate, linear and repeatable flow • Process uptime is maximised with no gas-locking, no valve blocking and rapid no-tools pumphead replacement
• Fluid recovery ensures operator safety and avoids chemical waste • Flow control up to 20000:1 with ±1% accuracy
• Manual, analogue, PROFIBUS or contact mode functionality available
• PROFIBUS Bus speed 9.6 kb/s up to 1,500 kb/s
• Compatible with 12–24V DC
qdos qdos remote
Speed (rpm) Flow ml/min (USGPH)* Speed (rpm) Flow ml/min(USGPH)* qdos 20 0.017-55 0.1-333 (0.001-5.3) 0.034-55 0.2-333 (0.003-5.3) qdos 30 0.025-125 0.1-500 (0.001-7.93) 0.078-125 0.3-500 (0.005-7.93) qdos 60 0.013-125 0.1-1000 (0.001-15.85) 0.078-125 0.6-1000 (0.01-15.85) qdos 120 0.006-125 0.1-2000 (0.001-31.7) 0.078-125 1.25-2000 (0.02-31.7) qdos pump typical flow rates
*accuracy ±1%, repeatability ±0.5%
FEATURES AND BENEFITS Watson-Marlow Pumps
Flow rate with discharge pressure for ReNu pumpheads
qdos 30
qdos 60
qdos 120
qdos 20
200
2 -1 -0.5 0 0 1 2 3 4 5 6 7
4 6
8 10
12 14
16 18
20 22
24 26
28 30
32 400
600
800
1000
1200
1400
1600
1800
2000
2200
-15 -10
Suction gauge pressure / psi Discharge gauge pressure / psi Suction gauge pressure / bar Discharge gauge pressure / bar -5 0 0 20 40 60 80 100
SEBS Tubing
Santoprene or SEBS Tubing Santoprene Tubing Only
Santoprene or SEBS Tubing Santoprene Tubing Only
Santoprene Tubing
34 49

TECHNICAL SPECIFICATION
qdos 20 qdos 30 qdos 60 qdos 120
Ingress rating IP66
Enclosure Watertight / dustproof
Humidity Non-condensing 5% to 95%
Temperature (Santoprene) N/A 5C to 45C (41F to 113F)
Temperature (SEBS) 5C to 40C (41F to 104F) N/A
Drive weight 4.6kg (10lb 2oz) 4.1kg (9lb 1oz) 4.6kg (10lb 2oz) Pumphead weight 1.1kg (2lb 7oz) 0.95kg (2lb 2oz) 1.1kg (2lb 7oz) Control ratio ±1% accuracy 3330:1 5000:1 10000:1 20000:1 Control ratio (Remote) 1600:1
Noise < 70dB(A) at 1m
Standard CE, NSF 61, cETLus, IRAM S Mark, C-Tick, CSA
Power supply options
Switch mode power supply
~100-240V 50-60Hz 190VA
12-24V DC power supply
12V 130W nominal
24V 180W nominal
*It is the user’s responsibility to comply with local health and safety regulations, including ensuring chemical compatibility between the duty fluid, the tube and lubricant contained in the ReNu Pumphead. For guidance refer to www.qdospumps.com.

MATERIALS OF CONSTRUCTION
Component Material
qdos 20 qdos 30 qdos 60 qdos 120
Keypad Polyester
Drive casework 20% Glass filled PPE/ PS
Drive shaft Stainless steel 440C
Pumphead enclosure 30% Glass filled PPO/PS 40% Glass filled PPS 30% Glass filled PPO/PS Rotor Glass filled nylon
Rotor bearings Steel, stainless steel (optional—contact Watson-Marlow applications) Tube* Santoprene (max 7 bar, 100 psi) / SEBS (max 4 bar, 60 psi) Pumphead hydraulic
ports
PVDF (SEBS) Polypropylene (Santoprene) or
polypropylene (SEBS)
Polypropylene (Santoprene) or

PVDF (SEBS)
Polypropylene (Santoprene)
Hydraulic connectors Polypropylene (standard) PVDF (optional) Lubricant* PFPE based

TECHNICAL DATA
Operational modes Manual Remote PROFIBUS Universal Universal+ Manual • • • •
PROFIBUS—bus speed 9.6 to 1,500 kb/s •
Contact • L or R • L or R
4-20mA • • •
Fault reporting • • • • •
Features Manual Remote PROFIBUS Universal Universal+
Numerical flow display • • • •
Numerical speed display • • • •
Fluid level monitor • • • •
Max (prime) • • • •
Auto restart (after power restored) • • • • •
Fluid recovery • • • •
Leak detection • • • • •

3.5” (88.9mm) colour TFT display • • • •
LED Pump status icons •
50 TECHNICAL DATA - CONTINUED
*Control options - Universal and Universal+
models
Variant Standard pump (L)
Input 5-24V DC
Output Open collector
Variant Relay Module (H)
Input 110V AC
Output Contact rating
110V AC, 5A
30V DC, 5A
Variant Relay Module (R)
Input 5-24V DC
Output Contact rating
110V AC, 5A
30V DC, 5A
Control methods Manual Remote PROFIBUS Universal Universal+ Input/Output Options* L L L, H or R L, H or R
Manual control capability • • • •
4-20mA input • • •
4-20mA input two point calibration •
4-20mA output • •
Contact input (pulse/batch) • L or R • L or R
Run stop input • • •
Run status output • • •
Alarm output • • •
Remote fluid recovery • • •
PROFIBUS Manual Remote PROFIBUS Universal Universal+
Speed set point •
Speed feedback •
Flow calibration function •
Hours run •
Revolution counter •
Leak detection •
Low fluid level alarm •
Diagnostic feedback •
Security Manual Remote PROFIBUS Universal Universal+
Keypad lock • • • •
PIN lock to protect set up • • • •
Power supply options Manual Remote PROFIBUS Universal Universal+ 12–24V DC • • • •
~100-240V AC • • • • •
51 DIMENSIONS
wd-qdos-en-02 © Copyright 2018 Watson-Marlow Fluid Technology Group wmftg.com
[email protected]
+44 (0) 1326 370370
All flow rates shown were obtained pumping water at 20C (68F) with zero suction and delivery heads.

Disclaimer: The information contained in this document is believed to be correct but Watson-Marlow Limited accepts no liability for any errors it contains and reserves the right to alter specifications without notice. It is the users responsibility to ensure product suitability for use within their application. Watson-Marlow, Qdos, ReNu, LoadSure, Bioprene, Pumpsil and Marprene are trademarks of Watson-Marlow Limited. STA-PURE PFL® and STA-PURE PCS® are registered trademarks of W.L Gore & Associates Inc. Please state the product code when ordering pumps and tubing.

ORDER INFORMATION
* The pumphead side location is required when ordering. The left/right perspective assumes the user is looking at the front of the pump. The pump in the dimensions diagram is considered a pumphead located to the left.

Plug options
A: US
E: European
U: UK
K: Australia
R: Argentina
C: Swiss
D: South Africa/India
V: 12–24V DC
Pumphead
orientation*
L = Left
R = Right
Model
1: Remote
3: Manual
4: Universal
5: Universal+
7: PROFIBUS
Model
1: Qdos 20
2: Qdos 30
3: Qdos 60
4: Qdos120
Tube material
†
2: Santoprene
8: SEBS
Digital I/O type
Manual, Remote and PROFIBUS models
L: Standard pump variant
Universal and Universal+ models
L: Open collector outputs, 5 - 24V DC inputs
H: Volt free 110V AC relay contacts, 110V AC inputs
(only available with US mains leads)
R: Volt free 110V AC 30V DC relay contacts,
5 - 24V DC inputs
0 M 0 • • • • G • •
Pumphead product codes
Description Partcode
ReNu 20 pumphead SEBS / PFPE 7 bar (100psi) 0M3.1800.PFP ReNu 30 pumphead Santoprene / PFPE 7 bar (100psi) 0M3.2200.PFP ReNu 30 pumphead SEBS / PFPE 4 bar (60psi) 0M3.2800.PFP ReNu 60 pumphead Santoprene / PFPE 7 bar (100psi) 0M3.3200.PFP ReNu 60 pumphead SEBS / PFPE 4 bar (60psi) 0M3.3800.PFP ReNu 120 pumphead Santoprene / PFPE 4 bar (60psi) 0M3.4200.PFP † For guidance on chemical
compatibility see
www.qdospumps.com
Model A B C D E—Optional
relay modules
(H or R)

F G H I
qdos 20 234mm (9.2”) 214mm (8.4”) 118mm (4.6”) 266mm (10.5”) 43mm (1.7”) 173mm (6.8”) 40mm (1.6”) 140mm (5.5”) 10mm (0.4”) qdos 30 234mm (9.2”) 214mm (8.4”) 82.5mm (3.2”) 233mm (9.2”) 43mm (1.7”) 173mm (6.8”) 40mm (1.6”) 140mm (5.5”) 10mm (0.4”) qdos 60 234mm (9.2”) 214mm (8.4”) 118mm (4.6”) 266mm (10.5”) 43mm (1.7”) 173mm (6.8”) 40mm (1.6”) 140mm (5.5”) 10mm (0.4”) qdos 120 234mm (9.2”) 214mm (8.4”) 118mm (4.6”) 266mm (10.5”) 43mm (1.7”) 173mm (6.8”) 40mm (1.6”) 140mm (5.5”) 10mm (0.4”) D E*
C
F
I
G
H A
B
Note: Pumphead appearance and fluid port positions may differ between models. 52 54.19
Inlet
1/2 FNPT
3 Way Outlet
Control Valve
(Self Fill Cal Column)
125 mL Calibration Column
Outlet
1/2 FNPT
Outlet
1/2 FNPT
Right Pump Head
Access Cover

22.25 19.50
Left Pump Head
Access Cover
Pressure Relief
Valve
Pressure Gauge
w/ Isolator
2x Box Drains
w/ 1/2 NPT Plugs
4 4
2 Clear Doors
2 RELEASED FOR PRODUCTION
NOTES: DUPLEX POD

1. QDOS POD MATERIAL OF CONSTRUCTION;

1. CASE: POLYPROPYLENE/HDPE

2. COVER: CLEAR POLYCARBONATE

2. PIPING MATERIAL OF CONSTRUCTION: PVC

3. SYSTEM TESTED TO 78 PSI
4 PROTECT THIS DIAMETERS BEFORE SHIPPING OR STORAGE

5. QDOS POD SHIPPING WEIGHT: 240 LBS.
5/1/20 SMD
D
C
B
A
A
B
C
D

CAD GENERATED DRAWING,

DO NOT MANUALLY UPDATE
4/22/20
SIZE
CAD FILE:

DWG. NO.

B
SHEET 1 OF 1
REV.

Duty-Standby Dual Qdos Pod

APPROVALS DATE
DRAWN

CHECKED

RESP ENG

MFG ENG

QUAL ENG

UNLESS OTHERWISE SPECIFIED

DIMENSIONS ARE IN INCHES
TOLERANCES ARE:

FRACTIONS DECIMALS ANGLES
+ .XX+ .03 + 1º
.XXX+.010

MATERIAL
FINISH

PP/PVC/FKM

APPLICATION DO NOT SCALE DRAWING

NEXT ASSY USED ON
8 7 6 5 4 3 2 1
8 7 6 5 4 3 2 1

THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF ATLANTIS

TECHNOLOGIES LLC ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF ATLANTIS TECHNOLOGIES LLC IS PROHIBITED.

REVISIONS
REV. DESCRIPTION DATE APPROVED
SMD
WM. 1237 2

THIRD ANGLE PROJECTION
53 Rev. 06/07/2016
MISCOWATER – TW ASSOCIATES

TERMS & CONDITIONS OF SALE

1. ACCEPTANCE
When the Buyer signifies acceptance of this quotation by submission of a Purchase Order or signed MISCOWATER Quotation, it shall become a binding contract when accepted and signed by an authorized signer of the Seller (MISCOWATER). Any changes or amendments to this proposal made by the Buyer must have MISCOWATER’s approval in writing to become a part of this contract.

2. DELIVERY
Any shipment or delivery date recited represents our best estimate, but no liability, direct or indirect, is assumed by MISCOWATER for failure to ship or deliver on such dates. Unless otherwise directed, MISCOWATER shall have the right to make early or partial shipments and invoices covering the same to Buyer shall be due and payable in accordance with payment terms hereof. FOB shall be origin.

3. APPROVAL DRAWINGS
Any preliminary drawings or literature attached to our quotation are for illustration purposes only to show approximate arrangements. Specific drawings and submittal data will be furnished for approval as required after receipt and acceptance of the Buyer’s order. Fabrication of products or equipment ordered will not begin until approval and direction to proceed is received in writing.

4. PAYMENT
Payment terms, upon credit approval, are Net 30 Days from the date of each invoice issued for each partial or final shipment. Flowdown provisions are not accepted. Retention is not allowed. In the event any payment becomes past due, a charge of 1.5% will be assessed monthly.

5. TAXES AND BONDS
Taxes and bonds are NOT included in our pricing. Any applicable taxes or bonds will be added to the price and shown separately on each invoice.

6. CLAIMS AND BACKCHARGES
Buyer agrees to examine all materials immediately upon delivery and report to Seller (MISCOWATER) in writing any defects or shortages noted no later than 10 days following the date of receipt. The parties agree that if no such claim is made within said time, it shall be considered acceptable and in good order with respect to any defect or shortage which would have been revealed by such an inspection. In no event will MISCOWATER be responsible for any charge for modification, servicing, adjustment or for any other expense without written authorization from MISCOWATER prior to the performance of any such work.

7. SECURITY INTEREST & TITLE
Until all amounts due MISCOWATER have been paid in full, Seller shall retain a security interest in the product and have all rights of a secured party under the California Uniform Commercial Code, including the right to repossess the product or equipment without legal process.

8. WARRANTY
MISCOWATER warrants that the product furnished will be free from defects in material and workmanship when installed, operated and maintained under design conditions and in accordance with the manufacturer’s written instructions. Warranties will expire (18) months after shipment or twelve (12) months after start-up, whichever occurs first. Expandable items such as filter or scrubber media are excluded from this warranty.

THIS WARRANTY, INCLUDING THE STATED REMEDIES, IS EXPRESSLY MADE BY SELLER AND ACCEPTED BY PURCHASER IN LIEU OF ALL OTHER WARRANTIES. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCT HEREIN. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR LIQUIDATED

DAMAGES, AND IN NO EVENT SHALL BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT PURCHASED ON THIS ORDER.

The foregoing is Seller’s only obligation and Buyer’s exclusive remedy for breach of warranty, and, except for gross negligence and willful misconduct, the foregoing is Buyer’s exclusive remedy against Seller for all claims arising hereunder or relating hereto. Buyer’s failure to submit a timely claim as provided shall specifically waive all claims for damages or other relief.

9. CANCELLATION
Should this order be cancelled, Buyer shall be obligated to pay for the level of work performed and products shipped. Work performed includes any engineering, calculations, preparation of submittals, drawings, and/or travel to job site in relation to this order.

10. FIELD WORK
Unless specifically stated on our quotation, installation, start-up service, supervision, operation and training are not included in our pricing of product.

11. COMPLETE AGREEMENT
These terms are intended by the parties as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms of their agreement. No course or prior dealings between the parties and no usages of the trade shall be relevant to supplement or explain any term used in this agreement. This agreement supersedes all prior representations and agreements with respect to the matters set forth herein and may be modified only by a written agreement to and signed by each of the parties.

MISCOWATER: By:

Title: Title:

Date: Date:
54 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 11.

TITLE
Amendment #1 PG&E Rule 20B for Green Island Road (TR16-0700)

RECOMMENDATION
Adopt a Resolu,on authorizing the City Manager to execute Amendment #1 to Agreement #2020- A125 with Pacific Gas & Electric Company, for the reloca,on and undergrounding of exis,ng overhead electrical facili,es, in the amount of $10,000, for a total contract amount not to exceed $840,000 in conjunc,on with the Green Island Road Reconstruc,on and Widening Project (TR16- 0700).

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Ron Ranada, P.E., Senior Civil Engineer

BACKGROUND & ANALYSIS
The Green Island Road Reconstruc,on and Widening Project (the Project) is one of the City’s planned road rehabilita,on projects aimed at bolstering the City’s industrial area by addressing badly deteriorated roadways and implemen,ng mul,-modal transporta,on facili,es to improve mobility and circulation.

The Project consists of reconstruc,ng 1.9 miles of exis,ng roads, including Green Island Road (from Paoli Loop to Jim Oswalt Way), Jim Oswalt Way, MezzeCa Court, Hanna Drive, and Commerce Boulevard (north of North Slough). As part of the reconstruc,on, Green Island Road will also be widened to accommodate one (1) through travel lane in each direc,on and a two-way center turnlane. To support the roadway improvements, the Project also includes the reconstruc,on of the two exis,ng railroad crossings on Green Island Road, the undergrounding of exis,ng overhead u,li,es, and the construc,on of a segment of the Napa Valley Vine Trail, which provides for pedestrian and bicycle ameni,es. Together, the above improvements reflect what has been envisioned in the City’s General Plan Circulation Element.

Because of the widening component of Green Island Road, the Project requires the reloca,on of exis,ng overhead u,lity lines and associated facili,es. To this end, the City ini,ated the process to work with u,lity providers (PG&E Electric, AT&T, Comcast, and CableCom) to carry out their reloca,on of their respec,ve facili,es. As part of the reloca,on effort, the City also evaluated the 55 merits of reloca,ng the exis,ng overhead facili,es to an underground system. In September 2017, the City held a public hearing to consider the forma,on of the Green Island Road Underground Utilities District No. 1, which it subsequently established via Resolution 2017-69.

The reloca,on of u,li,es underground is governed by California Public U,li,es Commission (CPUC) Tariff Rules. These Rules (Rule 20 for electric and Rule 32 for telecommunica,ons) establish the roles and responsibilities of the local agency, utility owners, and property owners.

Established as part of the aforemen,oned Underground U,li,es District forma,on, the electrical undergrounding work is being pursued as a combined Rule 20A and Rule 20B conversion. For the Rule 20A conversion, funding is provided by PG&E credits, while for the Rule 20B conversion, funding is provided by the City. It is important to note Rule 20A funds are revenue set aside by PG&E (from American Canyon ratepayers) to be used for u,lity undergrounding. The amount of Rule 20A funds available is approximately $690,000 ($540,000 already on hand, and $150,000 to be advanced against future accruals). The Rule 20A funds are an,cipated to cover about 17.4% of the 4,600 feet of undergrounding. The remaining costs have been budgeted with Rule 20B funds, which are a direct payment from the City sourced from the Community Facilities District bond sale.

In February 2020, PG&E developed the Rule 20B agreement and presented it to the City. Per the agreement, the net cost of the Rule 20B conversion was determined by PG&E to be $830,000.

Council approved the agreement (2020-A125) via Resolu,on 2020-85 in September 2020. The City paid the corresponding fee per the agreement in March 2021, over twelve months aKer the agreement was first present by PG&E. Due to the elapsed ,me, PG&E informed the City that it had to review the es,mate on which the fee was based, for poten,al adjustment. The agreement with PG&E does s,pulate a 90-day ,me frame that the es,mates are valid for, and provides for rees,ma,on thereaKer. PG&E's re-es,ma,on found that due to factors which have generally increased construc,on costs, a fee adjustment increase is necessary in the amount of $9,662.11.

PG&E has submiCed an updated agreement/invoice to the City for this increase. Staff recommends the Council to authorize the City Manager to execute Amendment #1 to Agreement 2020-A125 with PG&E, in the amount of $10,000.00 for a total contract amount not to exceed $840,000, for the Green Island Road Reconstruction and Widening Project (TR16-0700).

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Transporta,on: "Improve the transporta,on network within the City to alleviate conges,on and enhance the quality of life for the community."

FISCAL IMPACT
Sufficient funds are available, for Rule 20B funding, within the CIP Budget, 350-85-450-46110, Fund 281 (CFD), to cover the recommended action.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), an Ini,al Study/Mi,gated Nega,ve 56 Declara,on (“IS/MND”), that includes a “Mi,ga,on Monitoring and Repor,ng Plan (“MMRP”), was prepared for the Project and circulated for 30 days star,ng on August 27, 2019. A No,ce of Intent ("NOI") to adopt a Mi,gated Nega,ve Declara,on (“MND”) was posted at the County Clerk in accordance with the CEQA requirements on August 27, 2019.

A public hearing for considera,on of the Project and its IS/MND was no,ced and held on October 1, 2019, before the City Council, which at that mee,ng determined 1) based upon the record that the Project will not have a significant effect upon the environment if the mi,ga,on measures listed in the MND and MMRP are implemented; 2) adopted the IS/MND for the Project; 3) adopted the MMRP for the Project, and 4) directed staff to file a No,ce of Determina,on for the Project consistent with the CEQA Guidelines
The IS/MND evaluated the separate ac,ons the City will take to complete the Project including the utility undergrounding work currently proposed.

ATTACHMENTS:

1. Resolution - Amendment #1 GIR 20B

2. Exhibit A - Agreement Pacific Gas & Electric Company 57 RESOLUTION NO. 2022‐______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO AGREEMENT 2020‐A125 WITH

PACIFIC GAS & ELECTRIC COMPANY, FOR THE RELOCATION AND UNDERGROUNDING OF EXISTING OVERHEAD ELECTRICAL FACILITIES, IN THE AMOUNT OF $10,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $840,000, IN CONJUNCTION WITH THE GREEN ISLAND ROAD RECONSTRUCTION AND WIDENING PROJECT (TR16‐0700).

WHEREAS, the City of American Canyon proposes to construct the Green Island Road Reconstruction and Widening Project (“Project”) (TR16‐0700); and
WHEREAS, the Project includes the widening of Green Island Road, and requires the relocation of existing overhead utility poles that would otherwise be in conflict with the widened roadway; and WHEREAS, the City Council of the City of American Canyon passed Resolution 2017‐69, forming the Green Island Road Underground Utility District No. 1 for the purpose of undergrounding existing overhead utilities in conjunction with the Project; and
WHEREAS, the City has collaborated with Pacific Gas & Electric, AT&T, Comcast, and CableCom to produce a final joint trench design to support the relocation and undergrounding of their respective facilities; and WHEREAS, the relocation and undergrounding of PG&E’s electrical facilities is being undertaken as a combined Rule 20A and 20B Tariff Schedule Related Work; and WHEREAS, PG&E developed the Rule 20B “Form B” estimate, and delivered to the City its Rule 20B Agreement to Perform Tariff Schedule Related Work, which established the amount of $830,000 as PG&E’s cost to install the new underground electrical system; and WHEREAS, per Resolution 2020‐85, the City Manager executed the Rule 20B Agreement (2020‐A125), and payment was issued to PG&E; and
WHEREAS, as provided for in Agreement 2020‐A125, PG&E re‐estimated its work costs and associated fees, and determined an increased cost of $9,662.11, which it has submitted to the City for payment; and WHEREAS, sufficient funds are available, for Rule 20B funding, within the CIP Budget, 350‐85‐450‐46110, Fund 281 (CFD), to cover the Recommended Action; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study/Mitigated Negative Declaration (“IS/MND”), that includes a “Mitigation Monitoring and Reporting Plan (“MMRP”), was prepared for the Project and circulated for 30 days starting on August 27, 2019; and WHEREAS, a Notice of Intent ("NOI") to adopt a Mitigated Negative Declaration (“MND”) was posted at the County Clerk in accordance with the CEQA requirements on August 27, 2019; and WHEREAS, a public hearing for consideration of the Project and its IS/MND was noticed and held on October 1, 2019, before the City Council, which at that meeting determined 1) based upon the record that 58 the Project will not have a significant effect upon the environment if the mitigation measures listed in the MND and MMRP are implemented; 2) adopted the IS/MND for the Project; 3) adopted the MMRP for the Project, and 4) directed staff to file a Notice of Determination for the Project consistent with the CEQA Guidelines; and
WHEREAS, the IS/MND examined the Project at the project level to allow for construction.

NOW, THEREFORE, BE IT RESOLVED that the potential environmental impacts of the Green Island Road Reconstruction and Widening Project (TR16‐0700) were adequately considered and all potentially significant environmental impacts are mitigated to a less than significant level in accordance with the Initial Study and Mitigated Negative Declaration adopted by the City Council on October 1, 2019, and that the utility construction work was evaluated by that Initial Study and Mitigated Negative Declaration.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute Amendment #1 to Agreement 2020‐A125 with Pacific Gas and Electric Company, for the relocation and undergrounding of existing overhead electrical facilities, in the amount of $10,000, for a total contract amount not to exceed $840,000, in conjunction with the Green Island Road Reconstruction and Widening Project (TR16‐0700).

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
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64 CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 12.

TITLE
Award Agreement for Wetlands Restoration Plan PR20-0300

RECOMMENDATION
Adopt a Resolu+on authorizing the City Manager to enter into an agreement with Environmental Science Associates in the amount not to exceed $448,814 for the Wetlands Restora+on Plan (PR20- 0300).

CONTACT
Erica Ahmann Smithies, Public Works Director

BACKGROUND & ANALYSIS
On January 21, 2021, City Council approved Resolu+on No. 2021-03, approving San Francisco Bay Clean Water, Pollu+on Preven+on and Habitat Restora+on Measure (Measure AA) grant funds from the San Francisco Bay Restora+on Authority (Authority) in the amount of $450,000. Measure AA is funding the American Canyon Wetlands Restora+on Plan (PR20-0300) (Project) described in the City's Fiscal Year 2021-22 budget as the North Slough Restora+on, Reclama+on and Recrea+on Access Project.

One of the Measure AA grant requirements is to form a technical advisory commi@ee (TAC) comprised of members from several agencies and commi@ees. Qualifica+ons of the TAC include exper+se in wetland biology and ecology, flood management, biological monitoring, watershed management, and outdoor educa+on and recrea+on. Staff created a seven member TAC team that was reviewed and approved by the Authority. The TAC will meet approximately 6 +mes during the course of the project. The TAC's first mee+ng was to assist the City in the selec+on of a consultant to deliver the Project.

The City solicited a request for qualifica+ons from consul+ng firms to assist with the Project on October 8, 2021. On November 17, 2021, two (2) proposals were received. Staff ini+ally reviewed the proposals and found both consultants to be highly qualified and recommended both firms to be interviewed by the TAC. The week of January 10, 2022, a quorum of the TAC interviewed both consul+ng firms and selected Environmental Science Associates (ESA) to complete the Project. ESA has extensive experience working on wetlands restora+on, educa+on, and recrea+on projects throughout the Bay Area. The proposed team represen+ng ESA (San Francisco) impressed the 65 interview panel with their experience on similar wetland restora+on, public access and recrea+on projects in the surrounding region such as the Bay Point Regional Park in Pinole, the Oro Loma Horizontal Levee Demonstra+on Project in San Lorenzo, and an ADA compliant kayak launch at Bay Point Regional Park in Pinole.

On January 26, 2022, the Authority provided concurrence with the City TAC's selec+on of ESA for the project. ESA's proposal closely follows the scope of work requirements outlined in the Measure AA grant agreement with the Authority. The scope of work includes three feasibility studies: The North Slough Levee Flood Protec+on and Habitat Restora+on Study, The Corp Yard Wastewater Overflow Pond and Environmental Educa+on Facili+es Opportuni+es Study, and The Kayak Launch Recrea+onal Facility Study. The three studies will then be used to establish a Wetland Restora+on and Monitoring Plan. Included with the above work will be public outreach, community input, and a minimum of two check-ins with City Council during the process. A detailed schedule has been a@ached with ESA's scope of work with an an+cipated comple+on date of October 2023 which is before the grant expira+on of February 2024. Addi+onal City Council mee+ngs and an addi+onal assessment were provided as op+onal services that have not been budgeted at this +me. If it is determined that addi+onal services are needed, Staff will bring an amendment back to City Council for review and approval.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Outdoors and Recrea+on: "Expand opportuni+es for use of outdoor recrea+on and an ac+ve and healthy lifestyle."

FISCAL IMPACT
Sufficient funds exist within the exis+ng project budget to accommodate the recommended ac+on and no further City Council action is required.

ENVIRONMENTAL REVIEW
The recommended ac+on to ini+ate contracts for feasibility and planning studies is Statutorily Exempt from CEQA (CEQA Guidelines §15262). The recommended ac+on is also exempt pursuant to CEQA Guidelines sec+ons 15307 (Ac+ons to Protect Natural Resources) and 15308 (Ac+ons to Protect the Environment).

ATTACHMENTS:

1. Resolution - ESA -Environmental Science Associates

2. Draft Agreement PR20-0300 - Wetlands Edge Restoration Plan

3. Attachment A to Agreement - ESA Scope of Work
66 RESOLUTION NO. 2022-

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES IN THE AMOUNT NOT TO EXCEED $448,814 FOR THE WETLANDS RESTORATION PLAN (PR20-0300).

WHEREAS, on January 21, 2021, City Council approved Resolution No. 2021-03, approving San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure (Measure AA) grant funds from the San Francisco Bay Restoration Authority (Authority) in the amount of $450,000; and WHEREAS, Measure AA is funding the American Canyon Wetlands Restoration Plan (PR20-0300) (Project) described in the City's Fiscal Year 2021-22 budget as the North Slough Restoration, Reclamation and Recreation Access Project; and
WHEREAS, on October 8, 2021, City staff solicited a request for qualifications from consulting firms to assist with delivering the Project; and
WHEREAS, on November 17, 2021, two (2) proposals were received by qualified firms; and WHEREAS, the week of January 10, 2022 two firms were interviewed and Environmental Science Associates was selected by the City’s interview panel; and WHEREAS, on January 28, 2022, the Authority concurred with the City’s selection of Environmental Science Associates (ESA) to complete the project; and
WHEREAS, ESA has extensive qualifications and experience working on wetland restoration, education, and recreation projects throughout the Bay Area; and
WHEREAS, ESA has provided a cost to complete the Project in the amount of $448,814; and WHEREAS, sufficient funds exist in the FY 2021-22 capital project budget to complete the Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to enter into an agreement with Environmental Science Associates in the amount not to exceed $448,814 for the Wetlands Restoration Plan, (PR20-0300).

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
67 2
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 68 1
CITY OF AMERICAN CANYON AGREEMENT NO. 2022-xxxx

CITY OF AMERICAN CANYON

STANDARD AGREEMENT

FOR DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into this 15th day of February, 2022, by and between the City of American Canyon (“CITY”), a California Municipal Corporation and Environmental Science Associates (ESA) (“CONSULTANT”), who agree as follows:

RECITALS
WHEREAS, City desires to have certain services provided as set forth in Exhibit A, attached and incorporated by this reference; and,
WHEREAS, Consultant represents that it is qualified and able to perform services; and, WHEREAS, Consultant is agreeable to providing the services on the terms and conditions hereinafter set forth.

NOW THEREFORE, the parties agree as follows:

1. Term of Agreement: The Term of this Agreement shall extend from February 15, 2022 (“Commencement Date”) to December 31, 2024 (the “Termination Date”).

2. Consultant’s Services. Consultant shall perform the services describe in Exhibit A (“Scope of Work” and/or “Services”) to the full satisfaction of City.

3. Time of Performance. Consultant shall perform the Services on or by the Termination Date set forth in Agreement section 1, unless extended in writing by the parties pursuant to the terms of this Agreement.

4. Compensation. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the Services required by this Agreement the consideration set forth in Exhibit B, attached and incorporated by this reference (“Payment”). City shall pay Consultant in accordance with the schedule of payment set forth in Exhibit B.

5. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

6. Assignment. Consultant shall not assign or attempt to assign any portion of this Agreement without prior written approval by City.
69 2

7. Responsible Principal of Consultant: The Responsible Principal of the Consultant is Michelle Orr, who shall be the individual responsible for Consultant’s obligations under this Agreement and shall service as principal liaison between City and Consultant. Designation of another Responsible Principal by Consultant shall not be made without the prior written consent of City.

8. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform Consultant’s services under this Agreement. Consultant shall assign only competent personnel. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
a. Employment Eligibility. Consultant shall ensure that all employees of Consultant and any sub-consultant or subcontractor retained by Consultant in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986, any amendments thereto and all applicable labor laws in effect at the time of this Agreement. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986.

9. Changes to Scope of Work. City may, by written notice, initiate any change to the Scope of Work. A corresponding equitable change in the Payment of this Agreement will be made for each change ordered as mutually agreed upon by the parties in writing.

10. Interests of Consultant. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement.

11. Responsibility of Consultant. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Consultant or any sub-consultant or subcontractor, to the City, its elected and appointed officials, officers, attorneys, agents, and employees and each of them from any and all loss or damage on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of any subconsultants or subcontractors.

12. Insurance. Consultant agrees to have and maintain the policies set forth in Exhibit C entitled “INSURANCE REQUIREMENTS,” which is attached and incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. 70 3
a. Consultant shall procure and maintain for the duration of this Agreement insurance as set forth in Exhibit C, attached and incorporated by this reference.

The cost of such insurance shall be included in the Consultant’s bid. b. Consultant agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law.
c. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and will provide proof of compliance to the City. d. Consultant shall require each of its sub-consultants or subcontractors to maintain insurance coverage which meets all of the requirements of this Agreement.
e. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California.
f. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement.
g. At all times during the term of this Agreement, Consultant shall maintain on file with the City a certificate or certificates of the required insurance as set forth in Exhibit C showing that the required insurance policies are in effect in the required amounts.
h. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater.
71 4

13. Indemnification. To the maximum extent authorized by law and consistent with Civil Code section 2782.8, Consultant shall defend (with legal counsel selected by the City), and indemnify City, its elected and appointed officials, officers, directors, attorneys, agents, and employees and each of them from and against any and all claims, demands, costs or liability to the proportional extent that they arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents arising out of Consultant’s performance of any task or service for or on behalf of City under this Agreement. Consultant acknowledges that City would not enter into this Agreement in the absence of the commitment of Consultant to indemnify and protect City as set forth in this section. This indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful misconduct of the City. Consultant’s costs to defend and indemnify the City shall not exceed Consultant’s proportionate percentage of fault. a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement or this section. By execution of this Agreement, Consultant acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration.

The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, and that this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Consultant.
b. Survival. Contractor and any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. d. Scope. This Section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California.

14. Termination.
a. In addition to any other rights of termination and suspension set forth in this Agreement or at law, either party may terminate this Agreement with or without cause by providing ten (10) days’ notice in writing to the other party. b. The City may terminate this Agreement at any time without prior notice in the event that Consultant commits a material breach of the terms of this Agreement. 72 5
c. In the event of termination of this Agreement by City, due to no fault or failure of performance by Consultant, Consultant shall be paid full compensation for all services performed by Consultant, in an amount to be determined as follows:

For work done in accordance with the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid to Consultant for the full performance of the Scope of Work under this Agreement.
d. Upon termination, this Agreement shall become of no further force or effect and all parties shall be discharged from their duties and obligations under this Agreement. Notwithstanding, the provisions of this Agreement concerning retention of records, City’s rights to material produced, confidential information, Consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement.

15. Notice. All notices that are required either expressly or by implication to be given by one party to the other under this Agreement shall be signed for Consultant by its Responsible Principal and for City by Erica Ahmann Smithies, Public Works Director, or, for either party, by such officer as it may, from time to time, be authorized to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail or overnight express carrier. Unless and until formally notified otherwise, all notices shall be addressed to the parties at their addresses as follows:

Consultant shall address notices to:

City Clerk
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
City shall address notices to:

Christie Beeman
Environmental Hydrology & Design Director
ESA – Environmental Science Associates
550 Kearny Street
Suite 800
San Francisco, CA 94108
73 6

16. Prevailing Wages. In accordance with the provisions of section 1770 et seq. of the California Labor Code, the Director of Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done.

Consultant will be required to pay all persons employed on the project by the Consultant’s sums not less than the sums set forth in the documents entitled “General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, sections 1770, 1773, 1773.1.” These documents may be obtained from the State of California.

17. Compliance with Laws.
a. In General. Consultant shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Labor Laws: Consultant shall comply with and adhere to all applicable labor laws, including, but not limited to, alien labor, prevailing wages, etc. Consultant shall comply with all applicable provisions of the California Labor Code. c. Drug-free Workplace. Consultant’s employees and sub-consultants or subcontractors shall comply with the City’s policy of maintaining a drug-free workplace. Neither Consultant nor Consultant 's employees and/or subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Consultant or any employee or sub-consultant or subcontractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Consultant shall notify the City within five (5) days.
d. Discrimination Prohibited. During the performance of this Agreement, Consultant and its sub-consultants or subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Consultant and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations 74 7
promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this Agreement by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Consultant and its sub-consultants or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. Harassment Prohibited. Consultant and Consultant’s employees and subconsultants or subcontractors shall comply with the City's Workplace Harassment and Discrimination Policy.
f. Illness and Injury Prevention Program (IIPP). Consultant shall provide the City with a copy of their IIPP to show compliance with CalOSHA. g. Licenses and Permits. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

Consultant shall secure and maintain a business license with the City during the term of this Agreement.

18. Facilities and Equipment: Except as set forth in Exhibit D (“Facilities and Equipment”), Consultant shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit D according to the terms and conditions set forth in Exhibit D.

19. Special Conditions.
a. ______________
b. ______________
c. ______________

20. Exhibits. All exhibits referred to in this Agreement are attached and incorporated by this reference.

21. Benefits and Taxes. Consultant shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind.

Consultant shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, for which Consultant shall indemnify and hold City harmless from any and all liability that City may incur because of 75 8
Consultant's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Consultant.

22. Dispute Resolution. Should any dispute arise concerning any provisions of this Agreement, or the parties’ rights and obligations hereunder, the parties shall meet and confer in an attempt to resolve the dispute. Prior to commencing any legal action, the complaining party shall provide to the other party thirty (30) days’ written notice of the intent to take such action; provided that such notice shall not be required where a delay in commencing an action would prejudice the interests of the party that intends to file suit. During the thirty (30) day notice period, the parties shall meet and confer in an attempt to resolve the dispute. Except as specifically provided, nothing herein in intended to waive or abridge any right or remedy that either party may have.

23. Default and Remedies.
a. Events of Default. Each of the following shall constitute an event of default hereunder:
i. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or
ii. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Consultant shall not be in default if Consultant promptly commences the cure and diligently proceeds to completion of the cure.
b. Remedies upon Default. Upon any Consultant default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law.

24. Attorneys’ Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

25. Documents and Records.
a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon 76 9
completion of the work to be performed hereunder or upon termination of this Agreement.
b. Retention of Records. Until the expiration of five (5) years after the furnishing of any services pursuant to this Agreement, Consultant shall retain and, upon written request by City, make available to the City or any party designated by the City this Agreement, and such books, documents and records of Consultant and subcontractor that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility” as per the sample below:

______________________________
Seal and signature of registered professional
with report/design responsibility.

26. Inspection of Books and Records. During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records, or reports of the other party pertaining to this Agreement or matters related hereto. Each of the parties hereto shall maintain and make available for such inspection accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.

27. Confidential Information. Consultant shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Consultant shall return materials which contain any confidential information to City. Consultant may keep one copy for its confidential file. For purposes of this section, confidential information is defined as all information disclosed to Consultant which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law.

28. Successors and Assigns. This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties hereto.
77 10

29. Waiver. Any waiver at any time by either party hereto of its rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other default or matter.

30. Modifications. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

31. Agreement Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

32. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the subject matter described herein.

33. Jurisdiction and Severability. This Agreement shall be governed and construed in accordance with California law. The venue for any legal action in State court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa. The venue for any legal action in Federal court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement within the jurisdiction of the Federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation or similar legal proceeding under this Agreement shall be in Napa County, California; however nothing in this Agreement section shall obligate a party to submit to arbitration any dispute arising under this Agreement. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

34. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City.

IN WITNESS WHEREOF, City of American Canyon and Consultant do hereby agree to the full performance of the terms set forth herein.

CONSULTANT
BY: ________________________
Christie Beeman
Environmental Hydrology and Design Director
DATE: _____________________
78 11

CITY OF AMERICAN CANYON
BY: ________________________
Jason B. Holley
City Manager
DATE: _____________________
APPROVED AS TO FORM:

BY: ________________________
William D. Ross
City Attorney
DATE: _____________________

APPROVED AS TO BUDGET
AUTHORITY:

BY: ________________________
Lincoln Bogard
Finance Director
DATE: _____________________
APPROVED AS TO INSURANCE:

BY: ________________________
William D. Ross
City Attorney
DATE: _____________________
79 12
Attachments:

Exhibit A – Scope of Work
Exhibit B – Payment and Schedule of Payments
Exhibit C – Insurance Requirements
Exhibit D – Facilities and Equipment
80 13

EXHIBIT A

SCOPE OF WORK
Consultant shall complete the attached Scope of Work.
81 14

EXHIBIT B

PAYMENT AND SCHEDULE OF PAYMENTS

1. TOTAL COMPENSATION
City shall compensate Consultant for the satisfactory performance of the work described in this Agreement to not exceed the amount of four hundred forty-eight thousand eight hundred fourteen dollars ($448,814).

2. Consultant shall submit an itemized statement to City on a City approved form for its services performed, which shall include documentation setting forth in detail a description of the services rendered, and the hours of service, if appropriate. City shall compensate Consultant the amount of such billing within thirty (30) days receipt of same.

3. There shall be no right to reimbursement of expenses incurred by Consultant except as specified in Exhibit A to this Agreement.
82 15

EXHIBIT C

INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Commercial General Liability (CGL):
_X__ Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. ___ Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. ___ Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 83 16
Commercial General Liability (CGL) - Completed Operations Coverage _X__ Contractor shall maintain and provide completed operations coverage and to the additional insured using ISO form CG 20 37. Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

Automobile Liability:
_X__ Contractorshall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. ___ Contractorshall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than five million dollars ($5,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. ___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):
___ Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
_X__ Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
84 17
Workers’ Compensation Insurance:
_X__ Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000).

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

The Contractor or Consultant makes the following certification, required by section 1861 of the California Labor Code:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. __________________________________
Contractor/Consultant Signature
Builder’s Risk (Course of Construction):

Builder’s Risk (Course of Construction Insurance) (applicable to Construction Contracts only) ___ Contractor shall provide Builders Risk Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.
85 18
Surety Bonds:

Contractor shall provide the following Surety Bonds:
____ Bid Bond
____ Performance Bond
____ Payment Bond
____ Warrantee Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Warrantee Bond is not necessary. If the warranty period specified in the contracts is for longer than one (1) year a Warrantee Bond equal to ten percent (10%) of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Contractor’s or Consultant’s Pollution Legal Liability:
___ Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
86 19
Specific Insurance Provisions
Insurance Limits:

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain, or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self-insured retentions above $25,000 must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
87 20
City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
88 21
Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 89 22

EXHIBIT D

FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consultant shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Consultant's obligations under this Agreement.
90 January 19, 2022 City of American Canyon / American Canyon Restoration Plan 1 environmental science associates
Scope of Work
Task 1: Project Management
ESA will provide overall project management for the project for tracking the scope, schedule and budget. ESA will submit:
• periodic Gannt schedule project updates with the first one submitted at the project kickoff meeting. • monthly invoices that include details on all activities and deliverables completed during that period so that the City can utilize them for progress reports to the SFBRA.

ESA will attend biweekly Project Team meetings to discuss the progress on the project and seek input from the Project Team. ESA will prepare meeting agendas and follow-up emails with action items for these biweekly project management meetings. Additional meetings related to the TAC and public outreach are provided under Task 3.

Assumptions:
• Two ESA staff will attend the biweekly project meetings. • Overall project schedule will be 18 months in length.

Deliverables:
• Project Gannt schedule, updated if there are changes
• Monthly invoices and project progress report
• Project team meeting agendas and follow-up email summary of action items Task 2: Conduct Three Interconnected Feasibility Studies ESA will conduct work to complete three interconnected feasibility studies in support of the Wetlands Restoration Plan. Each study will identify possible project partners and funding sources for design, construction, and operation. The studies will also determine the potential benefits to habitat conditions from the proposed restoration and/or enhancement actions. For each Study, ESA will:
a) Define parameters of plan components
b) Review and provide a summary of existing studies and plans, engineering designs of existing structures, environmental documentation relevant to the project area c) Conduct community outreach and education (scoped under Task 3) d) Conduct individual feasibility studies assessing existing and future scientific and engineering challenges and solutions in project areas and develop a list of proposed projects and associated costs, identify alternatives, and complete analyses e) Gather community and TAC feedback on alternatives and identify preferred projects 91 | Scope, Cost, and Schedule
January 19, 2022 City of American Canyon / American Canyon Restoration Plan 2 environmental science associates
Subtask 2.1 is for gathering existing conditions and baseline studies data that are shared across the three studies. Subtasks 2.2-2.4 are provided for preparing the feasibility study reports.

Subtask 2.5 will develop a joint Monitoring Plan covering the three feasibility study areas.

Subtask 2.6 will develop a list of proposed partnerships, projects, and funding sources for future phases.

Subtask 2.1 Existing Conditions and Baseline Studies
ESA will review existing materials and conduct baseline studies needed to support the development of the feasibility studies.

The scoped desktop studies are:
• Review of sea-level rise data to inform design criteria • Review of existing hydrology and hydraulic conditions data, as available • Preliminary biological assessment, including review of online databases for specialstatus species occurrences and existing habitat maps • Cultural resources record search
The scoped field studies are:
• A one-day site reconnaissance survey for the Project Team • Topographic/bathymetric surveys (3 days)
• Water level and temperature data collection (to install sondes and collect data) • Biological survey to assess and map habitat type and function (2 days). No protocollevel surveys for special status species (wildlife or plants) or formal USACE wetland delineations will be conducted.
• Phase 1 Environmental Site Assessment.

The scope includes a $5000 allowance for support from a geotechnical engineering subcontractor.

Assumptions:
• Three water level and temperature loggers will be installed for 3 months. • Publicly available data and data provided by the city will be sufficient to characterize land ownership, geotechnical and geological conditions, and as-built and existing condition of existing infrastructure including subsurface infrastructure. • Baseline biological conditions will be described based on a site reconnaissance visit and desktop review of available aerial imagery, as well as publicly available prior studies and studies provided by the city. Preliminary maps of existing habitats, including potential jurisdictional wetlands and waters will be prepared at a level of detail suitable to inform preliminary feasibility studies.
• Field studies do not include:
- Subsurface exploration for geotechnical conditions
- Mapping underground utilities.
- Sampling and chemical analysis of soils, surface water and ground water. - Land ownership determinations/Parcel boundary surveys Deliverables:

None. Results of all studies will be incorporated into the feasibility study reports (Tasks 2.2-2.4) 92 | Scope, Cost, and Schedule
January 19, 2022 City of American Canyon / American Canyon Restoration Plan 3 environmental science associates
Subtask 2.2: North Slough Levee Flood Protection and Habitat Restoration Feasibility Study
ESA will prepare the North Slough Levee Flood Protection and Habitat Restoration Feasibility Study report following the requirements listed in the Task 2 introduction. A failed culvert under the trail at Eucalyptus Drive has resulted in limited tidal exchange to the diked wetland north of the trail (Photos 1 and 2). Further, the trail is eroded and subject to periodic overtopping. The feasibility study will consider improvements to the culvert and trail that can be used to improve existing habitat, hydrologic connectivity, and water quality while reducing overtopping and levee maintenance. ESA will: use hydraulic modeling to appropriately size culverts or a bridge; consider appropriate trail elevations/levee dimensions for sea level rise and flood resilience; and consider how to improve and diversify existing shorebird habitat in the diked wetland north of Eucalyptus Drive.

This feasibility study will include feasibility-level evaluation of hydraulic conditions and site geometry for 3 scenarios: 1) retrofit existing levee and culverts; 2) add more or larger culverts 3) replace culverts with open channel/bridge. Hydraulic analysis will focus on circulation under typical tidal conditions to inform geomorphic and ecologic outcomes of alternatives. Hydraulic analysis of flood conditions is not included. This subtask includes estimating preliminary rough order of magnitude probable construction costs for identified alternatives.

Assumptions:
• Modifications to the North Levee will not be required to comply with regulatory design standards for flood protection (FEMA, Army Corps, DWR). • There will be one round of review on the deliverable by the City/TAC. Individual comments will be combined into a single review document before returning to ESA for response.

Deliverables:

One draft and one final North Levee Flood Protection and Habitat Restoration Feasibility Study Subtask 2.3 Corp Yard: Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study
ESA will prepare the Corp Yard: Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study report following the requirements listed in the Task 2 introduction.

The Corp Yard site provides opportunities as an easily accessible location for public education and recreation. This study will focus on evaluating potential for repurposing existing City buildings for an educational center and providing public access to the marsh, while identifying constraints that may be posed by wastewater contamination. ESA will assist the City in evaluating potential remediation solutions, such as capping contaminants in place, off-hauling material, and nature-based water polishing. A Phase 1 Assessment will be included as part of the baseline studies; the scope does not include a Phase 2 Assessment or any additional contamination testing. For the education facilities, the study will focus on evaluating potential for repurposing existing City buildings and will not include design or planning for construction of new facilities.

Assumptions:
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• There will be one round of review on the deliverable by the City/TAC. Individual comments will be combined into a single review document before returning to ESA for response.

Deliverables:

One draft and one final Corp Yard: Wastewater Overflow Pond and Environmental Education Facilities Opportunities Study
Subtask 2.4 Kayak Launch Recreational Facility Study
ESA will prepare the Kayak Launch Recreational Facility Study report following the requirements listed in the Task 2 introduction. This study will consider three locations for installation of a kayak launch – Glass Beach, North Slough at Eucalyptus Drive, and the Corp Yard. ESA will provide data and analysis to support decision-making for the most suitable location based on conditions such as wave action, opportunities for wave sheltering, ease of access, and water trail quality. The feasibility evaluation will consider wind, wave and current conditions as well as accessibility (including ADA accessibility). After reviewing available data, ESA may recommend additional data collection to provide greater level of confidence in wind/wave estimates. This subtask includes estimating preliminary rough order of magnitude probable construction costs for identified alternatives Assumptions:
• Wind and wave conditions will be estimated based on publicly available wind data, which may be limited.
• ESA will use standard details for preliminary design of the kayak launch. • There will be one round of review on the deliverable by the City/TAC. Individual comments will be combined into a single review document before returning to ESA for response.

Deliverables:

One draft and one final Kayak Launch Recreational Facility Study Subtask 2.5 Monitoring Plan
ESA will prepare draft and final monitoring plans to support initial project planning and outreach to regulatory agencies. Monitoring plans may need to be revised during future design phases for consistency with final design and to incorporate agency feedback.

Assumptions:
• Monitoring plans will be based on data collected during Task 2.1 and feedback received from public/TAC meetings. No additional studies will be required. • There will be one round of review on the deliverable by the City/TAC. Individual comments will be combined into a single review document before returning to ESA for response.

Deliverables:

One draft and one final Monitoring Plan
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Subtask 2.6 Potential Funding Sources
ESA will review and recommend potential funding sources for future phases of the project.

Potentially funding sources will be provided as a list or table and discussed at a regular project meeting. Potential funding sources will be described within each feasibility study report. The review will identify potential sources as well as their eligibility requirements and upcoming submission dates, if known. The preparation of grant applications is not included in this task.

Assumptions:
• Funding source review will consider publicly available information from granting entities known to fund similar projects.

Deliverables:

None: Funding sources will be described within each feasibility study report.

Task 3: Develop Draft American Canyon Wetlands
Restoration Plan
ESA will develop a Draft Wetlands Restoration Plan and present the plan to TAC and City Council. This task includes public (Subtask 3.1) and TAC/City Council Meetings (Subtask 3.2) in addition to the development of the Draft Wetlands Restoration Plan (Subtask 3.3).

Subtask 3.1: Public Outreach
ESA will begin this public outreach subtask by developing a Community Outreach Plan in coordination with the Project’s TAC. The Community Outreach Plan will identify key stakeholders, including intermediary community groups, to engage as part of the public outreach process. ESA will host two charrettes for the local community to participate in the design process. The charrettes will use interactive and engaging exercises to maximize input.

Assumptions:
• Charrette meetings are assumed to be held virtually. If schedule, budget, and public health conditions allow, the Project Team can discuss holding one charrette in person to diversify attendance.
• Payment for stakeholder participation in the charrettes is not included in this task. • The Community Outreach Plan will be discussed at project meetings. It is considered an internal Project Team document, and will not revised for formal submission to granting or regulatory agencies.

Deliverables:

One final Community Outreach Plan
Materials for charrette workshops
Public outreach meeting notices, agendas, notes, photos, and summaries Subtask 3.2: Coordination Meetings (TAC/City Council)
ESA will participate at periodic meetings over the course of the project to discuss project progress at a staff level. This scope includes six (6) meetings with the TAC and two (2) 95 | Scope, Cost, and Schedule
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meetings with presentations to City Council. These meetings include a final meeting of TAC to review and accept the proposed Wetlands Restoration Plan and present for adoption by City Council. ESA will work with City staff to provide agendas, PowerPoint presentations and any necessary staff reports.

Assumptions:
• TAC and City Council Meetings will be held virtually
• Two ESA staff will participate in TAC/City Council Meetings Deliverables:

TAC Meeting agendas (6)
Powerpoints for TAC and City Council Meetings
Informal notes and summaries of action items from the meetings, delivered via email Subtask 3.3 Draft Wetland Restoration Plan
Based on the feasibility studies, ESA will develop a draft Restoration Plan. The Restoration Plan will include text and graphics describing the project goals and objectives, proposed project elements, expected habitats, and public access facilities, and design drawings showing conceptual grading and typical cross sections.

The Plan will achieve the following objectives:
• Identify solutions to prevent flooding, reduce erosion, and improve the levee site, preserving 120 acres of tidal marsh.
• Identify the level of contamination from the Corp Yard’s wastewater overflow pond and identify solutions for improved water quality and habitat value, enhancing 20 acres of wetlands and 5 acres of tidal marsh.
• Identify feasible location(s) for an ADA-accessible kayak launch to provide public access to the wetlands and increase stewardship of the critical habitat. Evaluate city buildings at the Corp Yard site for interpretive educational opportunities and assess future impacts of sea level rise to ensure sustainable project development. • Provide the foundation for environmental and design phases for shovel-ready projects that can compete for grant funding from the SFBRA and other state and federal agencies.

Assumptions:
• The Restoration Plan will build from information collected and developed during the feasibility studies and public outreach. No new studies will be needed. • The Restoration Plan will include consideration of public access and recreation planning as well as conceptual design drawings. Construction level documents are not included as part of the scope of work
Deliverables:

Draft Wetlands Restoration Plan
96 | Scope, Cost, and Schedule
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Task 4: Develop Final American Canyon Wetlands
Restoration Plan
Based on comments received from the Project Team, TAC, public, and/or City Council, ESA will revised the draft Wetlands Restoration Plan into a final document.

Assumptions:
• There will be one round of review on the deliverable by the City/TAC. Individual comments will be combined into a single review document before returning to ESA for response.
• No new analyses will need to be conducted as part of the revision.

Deliverables:

Final Wetlands Restoration Plan
Digital working files, pdf, and CAD documents
Optional Task 5: Contingency Funds
Task 5 is set up as a contingency fund for ease of contracting additional tasks that may be requested by the City over the course of the project. Contingency funds are approved by the City as part of the contract amount, but are only used if authorized. To be authorized, ESA would request in writing to City to use contingency funds, specifying the use and requested amount. The City would need to reply in writing authorizing the use of the funds. Funds would then be moved out of Task 5 and into another Task or Subtask where they would be applied and tracked. The contingency can be funded at any desirable amount; ten percent (10%) has been included in the cost estimate.

Example uses of contingency funds are briefly described below. • Additional Public Meetings or TAC Meetings
In addition to the two charrette meetings, the project may benefit from additional stakeholder meetings. These could include:
• Informational meetings with the public to provide background on the project (less designbased than charrette workshop). • Meetings with individual intermediary organizations to get their feedback or discuss strategies for community engagement
• Coordination with American Canyon Community and Parks Foundation for the education center design, including meeting attendance
These meetings can be conducted on a Time and Materials basis, estimated at $1000-2000 for small meetings with two ESA staff and minimal coordination, preparation, and follow-up. Larger meetings, such as TAC meetings or presentations to regulatory agencies, that require additional preparation and effort are estimated at $3000+ per meeting billed on a Time and Materials basis. • Phase 2 Environmental Site Assessment
Depending on the results of the Phase 1 Environmental Site Assessment (Task 2.1), a Phase 2 assessment may be desired. A Phase 2 assessment involves taking samples and conducting laboratory analysis for contamination. The scope and cost of the Phase 2 assessment will be based on the findings from the Phase 1 assessment as well as review of any existing soil/water quality information provided by the City. Contingency funds can be used to initiate a Phase 2 assessment. 97 | Scope, Cost, and Schedule
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Cost Estimate
TABLE 1

AMERICAN CANYON RESTORATION PLAN COST SUMMARY
Task Costs

1.0 Project Management $49,020

2.0 Three Inter-connected Feasibility Studies $261,230

3.0 Draft American Canyon Wetlands Restoration
Plan $112,780

4.0 Final American Canyon Wetlands Restoration
Plan $19,150
Non-labor Expenses and subconsultant costs $6,634
TOTAL $448,814

5.0 Contingency Funding (Optional) – 10% $44,881
TOTAL + Contingency $493,695
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TABLE 2

AMERICAN CANYON RESTORATION PLAN COST DETAIL
Project
Manager
Deputy
Project
Manager Director II
Managing
Associate III
Managing
Associate II
Managing
Associate I
Senior
Associate III
Senior
Associate II Associate III Associate II
Project
Technician III Total Hours Labor Price
Task Task Name $260 $245 $245 $220 $205 $190 $185 $170 $145 $135 $130

1.0 Project Management

1.1 Project Management 66 86 4 0 18 0 0 36 0 0 0 210 $49,020

2.0 Three Interconnected Feasibility
Studies

2.1 Existing Conditions and Baseline Studies
(all three sites) 30 22 26 16 38 72 0 120 72 72 0 468 $85,110

2.2 North Levee Feasibility Study 32 18 12 52 28 0 34 102 36 14 12 340 $65,150

2.3 Corp Yard and Education Facilities
Feasibility Study 14 18 58 38 30 0 20 26 18 12 6 240 $49,900

2.4 Kayak Launch Feasibility Study 10 6 28 26 0 0 24 26 12 10 6 148 $29,380

2.5 Monitoring Plan 10 18 4 20 0 0 12 32 38 6 4 144 $26,890

2.6 Potential Funding Sources 8 0 0 0 0 0 0 16 0 0 0 24 $4,800

3.0 Draft American Canyon Wetlands
Restoration Plan

3.1 Public outreach 66 48 38 0 8 0 24 0 0 4 12 200 $46,410

3.2 Coordination Meetings 24 42 0 0 18 0 0 6 0 0 0 90 $21,240

3.3 Draft Restoration Plan 20 22 8 36 14 0 6 92 20 12 4 234 $45,130

4.0 Final American Canyon Wetlands
Restoration Plan

4.1 Final Restoration Plan Report 12 8 2 20 0 0 8 16 16 12 8 102 $19,150 - $0.00
Total 292 288 180 208 154 72 128 472 212 142 52 2,200 $442,180 ESA Non-Labor Expenses
Reimbursable Expenses $1,334
ESA Equipment Usage $300
Subtotal ESA Non-Labor Expenses $1,634
Subconsultant Costs (Geotechnical) $5,000
PROJECT TOTAL $448,814

5.0 Contingency Funds (Optional) 10% Contingency $44,881 PROJECT TOTAL + Contingency $493,695
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Schedule
The Project Gantt Chart schedule will be developed under Task 1, Project Management, upon Notice-to-Proceed. The Preliminary Project Schedule is shown below.

FIGURE 1: PROJECT SCHEDULE
100

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 13.

TITLE
Fiscal Year 2021-2022 Quarter 2 Investment Report

RECOMMENDATION
Receive and file the City and Fire District Treasurer's Report for the quarter ended December 31, 2021.

CONTACT
Lincoln Bogard, Finance Director / City Treasurer

BACKGROUND & ANALYSIS
The City’s Investment Policy requires the Treasurer to submit a quarterly investment report to the City Council. The a5ached report for the quarter ended December 31, 2021 includes investment transac6ons for both the City and Fire District. The report shows the City investment market values and book balances, including debt reserves and unspent proceeds. Market value of investments for the City at December 31, 2021 was $69,167,001. The Fire District’s market value of investments was $6,642,399.

The City’s diversified por?olio includes $39.9 million invested in the California State Treasurer’s Office Local Agency Investment Fund (LAIF) and $23.8 million managed by Chandler Asset Management. The funds managed by Chandler are invested in U.S. Treasury Notes, Federal Agency Securities, Asset Backed Securities, U.S. Corporate Notes, Supranational Securi6es, Collateralized Mortgage Obliga6ons, Nego6able Cer6ficates of Deposit, and FDIC Insured Corporate Notes. The City also holds $4.7 million in debt and capital reserves.

The Fire District maintains cash and investment accounts separately from the City. The market value of the District’s total investment por?olio is $6.3 million. All cash not needed to meet the current opera6onal requirements of the Fire District is invested with Local Agency Investment Fund (LAIF). There is also a debt reserve of $36,189 for "green" upgrades to Fire District buildings.

Maintaining fiscal stability is a key objec6ve of the City Council’s strategy to ensure quality services to its ci6zens. Pursuant to provisions 2 and 3 of Government Code sec6on 53646, all investments comply with the City Council’s adopted Fiscal Policy to achieve the utmost financial discipline and 101
accountability; and the City and Fire District are able to meet their respec6ve pooled expenditure needs for the next six months. All funds invested shall emphasize the preservation of principal.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
No fiscal impact.

ENVIRONMENTAL REVIEW
Not applicable.

ATTACHMENTS:

1. FY 2021-22 Quarter 2 Investment Report for the City and Fire District 102
Investment Report
For the Month Ended
December 31, 2021
ATTACHMENT 1
City of American Canyon
Operating and Capital Funds Book Value Market Value Book Yield (1) % of Portfolio Cash - Petty 2,400 $ 2,400 $ 0.00%
Cash - Westamerica Bank 811,194 $ 811,194 $ 1.26%
Local Agency Investment Fund 39,856,191 39,836,755 0.23% 61.86% Asset Backed Securities 1,400,238 1,406,890 0.62% 2.18% Federal Agency Securities 5,780,955 5,739,124 1.53% 8.91% Collaterial Mortgage Obligations 157,691 159,645 0.72% 0.25% Corporate Notes 4,857,726 4,838,084 1.69% 7.51%
Money Market Fund 264,087 264,087 0.01% 0.41%
Negotiable CD 1,348,245 1,350,018 0.23% 2.10%
Supranational 790,754 804,071 0.56% 1.25%
U.S. Treasury Notes 9,177,229 9,183,305 1.17% 14.26%
TOTAL OPERATING CASH 64,446,709 64,395,575 0.59% 100.00% Debt Reserves and Proceeds
Debt Service Reserves
602 - American Canyon Road 433,956 433,956
601 - 2004 Reassessment - -
603 - CFD 3,083,587 3,083,587
BofA (Engie) - Cash
440 - Governmental Engie Debt Service 64,597 64,597
515 - Water Debt Service 155,893 155,893
545 - Wastewater Debt Service 376,002 376,002
Capital Reserve
601 - 2004 Reassessment 314,641 315,365
360 - AmCyn Road East 290,892 290,892
TOTAL DEBT & CAPITAL RESERVES 4,720,292 4,719,568
TOTAL CASH AND INVESTMENTS - CITY $ 69,115,143 $ 69,167,001 (1) The weighted average yield as operating and capital funds for the month ended 12/31/21 was 0.59%. 103
Investment Report
For the Month Ended
December 31, 2021
ATTACHMENT 1
American Canyon Fire Protection District
Description Book Value Market Value Book Yield (2) % of Portfolio Cash - Westamerica Bank 324,264 $ 324,264 4.88%
BofA (Engie) - Cash 36,189 36,189 0.55%
Local Agency Investment Fund 6,281,946 6,279,722 0.23% 94.57% TOTAL CASH AND INVESTMENTS - FIRE $ 6,642,399 6,640,175 $ 0.00% 100.00% (2) The weighted average yield for the month ended 12/31/21 was 0%.

The investments, as shown above, are in conformance with the Investment Policy or bond agreements There are sufficient funds to meet the City's budgeted financial obligations for the next six months.

Respectfully submitted,
Lincoln Bogard
Finance Director/Treasurer
104
Dec 0.212
Nov 0.203
Oct 0.203

0.00000625812849570

0.997439120
LAIF Earnings Ratio(2):

LAIF Fair Value Factor(1):

PMIA Daily(1): 0.22%
LAIF Apportionment Rate 0.23 (2):

PMIA Quarter to Date(1): 0.21%
PMIA Average Life 340 (1):

Treasuries

65.40%
Agencies

18.20%
Certificates of
Deposit/Bank Notes

7.39%
Time
Deposits

2.10%
Commercial
Paper

6.33%
Corporate
Bonds

0.17%
Loans

0.41%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 01/13/22
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/21
Chart does not include $6,716,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/21
$181.4 billion
105

MONTHLY ACCOUNT STATEMENT
City of American Canyon - Account #10130
DECEMBER 1, 2021 THROUGH DECEMBER 31, 2021
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.

CHANDLER ASSET MANAGEMENT
chandlerasset.com
Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
US Bank
Ryan Morris
(503) 464-3685
106

ACCOUNT SUMMARY
Beg. Values
as of 11/30/21
End Values
as of 12/31/21
Market Value 23,809,064 23,776,925
Accrued Interest 77,481 72,605
Total Market Value 23,886,545 23,849,530
Income Earned 24,965 25,118
Cont/WD -104
Par 23,607,515 23,654,148
Book Value 23,708,129 23,745,226
Cost Value 23,740,198 23,779,496

TOP ISSUERS
Government of United States 38.6%
Federal National Mortgage Assoc 9.9%
Federal Home Loan Bank 8.9%
Federal Home Loan Mortgage Corp 5.4%
Svenska Handelsbanken NY 1.9%
Bank of Nova Scotia Houston 1.9%
MUFG Bank Ltd/NY 1.9%
Intl Bank Recon and Development 1.8%
Total 70.2%

PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.55
Average Coupon 1.38%
Average Purchase YTM 1.24%
Average Market YTM 0.91%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 2.75 yrs
Average Life 2.61 yrs

SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) Portfolio Summary
As of December 31, 2021
City of American Canyon
Account #10130

PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 6/30/2010 City of American Canyon -0.15% -0.61% -0.86% -0.86% 1.69% 2.64% 2.11% 1.60% 1.71% ICE BofA 1-5 Yr US Treasury & Agency Index -0.28% -0.68% -1.09% -1.09% 1.53% 2.41% 1.88% 1.35% 1.51% Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 1/4/2022 4:11:44 PM 107
Category Standard Comment
U.S. Treasuries No Limitation; Full faith and credit of the U.S. are pledged for the payment of principal and interest Complies Federal Agencies
30% max per Agency/GSE issuer; 20% max agency callable securities; Federal agency or U.S. government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S. government-sponsored enterprises.

Complies
Supranational Obligations "AA" rating category or better by a NRSRO; 30% max; 10% max per issuer; USD denominated senior unsecured unsubordinated obligations; Issued or unconditionally guaranteed by IBRD, IFC, IADB Complies Municipal Securities (CA, Other States)
"A" rating category or better by a NRSRO; 30% max; 5% max per issuer; Obligations of the City, State of California and any local agency within the state; Bonds of any of the other 49 states in addition to California; Including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state, by any state, or by a department, board, agency, or authority of the local agency, authority of any of the other 49 states, in addition to California.

Complies
Corporate Medium Term Notes "A" rating category or better by a NRSRO; 30% max; 5% max per issuer; Issuer is a corporation organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S Complies Asset-Backed, Mortgage-Backed,
Mortgage Pass-Through Securities,
Collateralized Mortgage Obligations
"AA" rating category or better by a NRSRO; 20% max (combined ABS/MBS/CMO); 5% max per Asset-Backed or Commercial Mortgage security issuer; From issuers not defined in US Treasury and Federal Agencies sections of the Allowable Investments section of the policy
Complies
Negotiable Certificates of Deposit (NCD)
The amount of NCD insured up to the FDIC limit does not require any credit ratings; Any amount above FDIC insured limit must be issued by institutions with "A-1" short-term debt rating or better by a NRSRO; or "A" long-term rating category or better by a NRSRO; 30% max (combined with CDARS); 5% max per issuer; Issued by a nationally or state-chartered bank, or a federal or state association, a state or federal credit union, or by a federally-licensed or state-licensed branch of a foreign bank.

Complies
Certificate of Deposit Placement Service
(CDARS) 30% max (combination of Certificates of Deposit, including CDARS) Complies FDIC Insured Time Deposits (Nonnegotiable & Collateralized CD/TD) 20% max combined FDIC & Collateralized CD/TD; Non-Negotiable Certificates of Deposit in state or federally chartered banks, savings and loans, or credit unions; For FDIC insured CDs, the amount per institution is limited to maximum covered under FDIC; CDs in excess of insured amounts are fully collateralized with securities in accordance with California law Complies
Collateralized Bank Deposits City's deposits with financial institutions will be collateralized with pledged securities per California Government Code Complies Banker’s Acceptances "A-1" short-term debt rated or better by a NRSRO; or "A" long-term debt rating category or better by a NRSRO; 40% max; 5% max per issuer; 180 days max maturity Complies
Commercial Paper
25% max; 5% max per issuer; 270 days maturity; 10% maximum of the outstanding commercial paper of any single issuer; Issued by an entity that meets all of the following conditions in either (a) or (b):
a. Securities issued by corporations: (i) organized and operating within the U.S. with assets > $500 million; (ii) "A-1" rated or better by a NRSRO; (iii) "A" rating or better by a NRSRO, if issuer has debt obligations. b. Securities issued by other entities: (i) organized within the U.S. as a special purpose corporation, trust, or limited liability company; (ii) must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond; (iii) rated "A-1" or better by a NRSRO.

Complies
City of American Canyon
As of December 31, 2021
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy.

Statement of Compliance
108
Money Market Mutual Funds
Registered with SEC under Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria:
(i) Highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience managing money market mutual funds with AUM >$500 million; 20% max combined Money Market Mutual Funds and Mutual Funds; 20% max per Money Market Mutual Fund Complies
Mutual Funds
Invest in securities as authorized under CGC, Section 53601 (a) to (k) and (m) to (q) inclusive and meet either of the following criteria:
(i) Highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience investing in securities authorized by CGC, Section 53601 and with AUM >$500 million; 20% max combined Money Market Mutual Funds and Mutual Funds; 10% max per Mutual Fund Complies
Local Agency Investment Fund (LAIF) Maximum amount permitted by LAIF; Not used by investment adviser Complies Local Government Investment Pools
(LGIP) No issuer limitation for LGIP; Other LGIPS permitted by the City; Not used by investment adviser Complies Repurchase Agreements 1 year max maturity; 102% collateralized; Not used by investment adviser Complies Minimum Budgeted Operating
Expenditures in Short Term Investments
Minimum 6 months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements Complies
Max Per Issuer 5% max per issuer unless otherwise specified in the policy Complies Maximum Maturity 5 years maximum maturity, except as otherwise stated in the policy Complies 109

BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $23,708,129.33
Acquisition
+ Security Purchases $697,907.95
+ Money Market Fund Purchases $788,907.09
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $1,486,815.04
Dispositions
- Security Sales $681,966.81
- Money Market Fund Sales $549,176.02
- MMF Withdrawals $104.17
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $0.00
- Calls $200,000.00
- Principal Paydowns $22,993.55
Total Dispositions $1,454,240.55
Amortization/Accretion
+/- Net Accretion ($2,683.85)
($2,683.85)
Gain/Loss on Dispositions
+/- Realized Gain/Loss $7,205.54
$7,205.54
ENDING BOOK VALUE $23,745,225.51

CASH TRANSACTION SUMMARY
BEGINNING BALANCE $24,460.39
Acquisition
Contributions $0.00
Security Sale Proceeds $681,966.81
Accrued Interest Received $4,573.41
Interest Received $26,719.48
Dividend Received $2.62
Principal on Maturities $0.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $200,000.00
Interest from Calls/Redemption $2,172.92
Principal Paydown $22,993.55
Total Acquisitions $938,428.79
Dispositions
Withdrawals $104.17
Security Purchase $697,907.95
Accrued Interest Paid $789.77
Total Dispositions $698,801.89
ENDING BOOK VALUE $264,087.29
Reconciliation Summary
As of December 31, 2021
City of American Canyon
Account #10130
Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 1/4/2022 4:11:44 PM 110
Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
43813RAC1 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
52,297.28 02/19/2020

1.62%
52,287.03
52,291.59
100.71

0.52%
52,669.53

23.39 0.22%
377.94
Aaa / NR
AAA

2.31 0.66
89232HAC9 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
141,373.84 06/17/2020

0.68%
144,632.06
143,350.25
100.66

0.50%
142,299.98
104.30

0.60%
(1,050.27)
Aaa / AAA
NR

2.37 0.56
65479JAD5 Nissan Auto Receivables Owner 2019-C
A3

1.93% Due 7/15/2024
81,389.55 10/16/2019

1.94%
81,385.26
81,387.25
100.81

0.38%
82,046.53

69.81 0.34%
659.28
Aaa / AAA
NR

2.54 0.52
89237VAB5 Toyota Auto Receivables Trust 2020-C
A3

0.44% Due 10/15/2024
80,000.00 07/21/2020

0.44%
79,993.84
79,995.93

99.92 0.55%
79,935.68

15.64 0.34%
(60.25)
Aaa / AAA
NR

2.79 0.74
43813KAC6 Honda Auto Receivables Trust 2020-3
A3

0.37% Due 10/18/2024
90,000.00 09/22/2020

0.38%
89,986.78
89,992.08

99.72 0.65%
89,748.45

12.03 0.38%
(243.63)

NR / AAA
AAA

2.80 0.99
47787NAC3 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
25,000.00 07/14/2020

0.52%
24,996.19
24,997.77

99.85 0.69%
24,961.73

5.67 0.10%
(36.04)
Aaa / NR
AAA

2.88 0.83
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-
B A3

0.4% Due 11/15/2024
80,000.00 06/22/2021

0.40%
79,993.96
79,995.17

99.25 0.81%
79,396.72

14.22 0.33%
(598.45)

NR / AAA
AAA

2.88 1.85
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
50,000.00 09/08/2021

0.34%
49,994.84
49,995.51

99.24 0.80%
49,618.35

2.75 0.21%
(377.16)
Aaa / NR
AAA

2.99 1.64
92290BAA9 Verizon Owner Trust 2020-B A

0.47% Due 2/20/2025
125,000.00 08/04/2020

0.48%
124,973.75
124,981.80

99.73 0.71%
124,668.13

17.95 0.52%
(313.67)
Aaa / NR
AAA

3.14 1.11
44891RAC4 Hyundai Auto Receivables Trust 2020-C
A3

0.38% Due 5/15/2025
90,000.00 10/20/2020

0.39%
89,979.27
89,986.67

99.57 0.73%
89,613.81

15.20 0.38%
(372.86)

NR / AAA
AAA

3.37 1.21
89240BAC2 Toyota Auto Receivables Owners 2021-
A A3

0.26% Due 5/15/2025
40,000.00 02/02/2021

0.27%
39,992.58
39,994.73

99.50 0.67%
39,799.00

4.62 0.17%
(195.73)
Aaa / NR
AAA

3.37 1.23
47788UAC6 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
60,000.00 03/02/2021

0.37%
59,988.47
59,991.07

99.19 0.84%
59,514.60

9.60 0.25%
(476.47)
Aaa / NR
AAA

3.71 1.70
44933LAC7 Hyundai Auto Receivables Trust 2021-A
A3

0.38% Due 9/15/2025
75,000.00 04/20/2021

0.38%
74,992.11
74,993.87

99.25 0.84%
74,440.13

12.67 0.31%
(553.74)

NR / AAA
AAA

3.71 1.62
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 1/4/2022 4:11:44 PM111 Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
44934KAC8 Hyundai Auto Receivables Trust 2021-B
A3

0.38% Due 1/15/2026
150,000.00 07/20/2021

0.39%
149,966.89
149,971.43

98.90 0.98%
148,343.40

25.33 0.62%
(1,628.03)

NR / AAA
AAA

4.04 1.85
43815GAC3 Honda Auto Receivables Trust 2021-4
A3

0.88% Due 1/21/2026
80,000.00 11/16/2021

0.89%
79,983.14
79,983.68

99.76 0.99%
79,806.96

19.56 0.33%
(176.72)
Aaa / NR
AAA

4.06 2.13
47789QAC4 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
70,000.00 07/13/2021

0.52%
69,993.76
69,994.53

98.86 1.02%
69,202.35

16.18 0.29%
(792.18)
Aaa / NR
AAA

4.21 2.30
44935FAD6 Hyundai Auto Receivables Trust 2021-C
A3

0.74% Due 5/15/2026
55,000.00 11/09/2021

0.75%
54,987.72
54,988.20

99.31 1.05%
54,622.92

18.09 0.23%
(365.28)

NR / AAA
AAA

4.37 2.19
362554AC1 GM Financial Securitized Term 2021-4
A3

0.68% Due 9/16/2026
60,000.00 10/13/2021

0.68%
59,998.47
59,998.56

99.25 1.06%
59,549.34

17.00 0.25%
(449.22)
Aaa / AAA
NR

4.71 1.98
Total ABS 1,405,060.67 0.62%
1,408,126.12
1,406,890.09 0.76%
1,400,237.61
404.01

5.87%
(6,652.48)
Aaa / AAA
AAA

3.32 1.37
AGENCY
313378CR0 FHLB Note

2.25% Due 3/11/2022
225,000.00 06/19/2017

1.86%
228,969.00
225,158.76
100.41

0.16%
225,912.38
1,546.88

0.95%
753.62
Aaa / AA+
NR

0.19 0.19
3135G0T45 FNMA Note

1.875% Due 4/5/2022
300,000.00 05/05/2017

1.99%
298,350.00
299,913.50
100.41

0.30%
301,235.40
1,343.75

1.27%
1,321.90
Aaa / AA+
AAA

0.26 0.26
3135G0T94 FNMA Note

2.375% Due 1/19/2023
300,000.00 03/28/2018

2.70%
295,641.00
299,049.80
102.05

0.41%
306,161.70
3,206.25

1.30%
7,111.90
Aaa / AA+
AAA

1.05 1.03
3137EAEN5 FHLMC Note

2.75% Due 6/19/2023
300,000.00 07/16/2018

2.88%
298,254.00
299,481.44
103.15

0.59%
309,438.60
275.00

1.30%
9,957.16
Aaa / AA+
AAA

1.47 1.44
3135G05G4 FNMA Note

0.25% Due 7/10/2023
185,000.00 07/08/2020

0.32%
184,602.25
184,798.40

99.46 0.60%
184,008.40
219.69

0.77%
(790.00)
Aaa / AA+
AAA

1.52 1.52
313383YJ4 FHLB Note

3.375% Due 9/8/2023
450,000.00 Various

3.04%
456,704.50
452,349.73
104.57

0.65%
470,562.30
4,767.19

1.99%
18,212.57
Aaa / AA+
NR

1.69 1.63
3130A0F70 FHLB Note

3.375% Due 12/8/2023
325,000.00 Various

2.74%
334,479.75
328,725.37
105.07

0.73%
341,488.55
700.79

1.43%
12,763.18
Aaa / AA+
AAA

1.94 1.88
3130A1XJ2 FHLB Note

2.875% Due 6/14/2024
320,000.00 Various

1.96%
333,798.40
326,774.32
104.87

0.87%
335,573.12
434.44

1.41%
8,798.80
Aaa / AA+
NR

2.45 2.37
Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 1/4/2022 4:11:44 PM112 Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
AGENCY
3133EKWV4 FFCB Note

1.85% Due 7/26/2024
175,000.00 08/13/2019

1.65%
176,689.80
175,875.74
102.93

0.70%
180,134.50
1,393.92

0.76%
4,258.76
Aaa / AA+
AAA

2.57 2.49
3130A2UW4 FHLB Note

2.875% Due 9/13/2024
200,000.00 10/10/2019

1.58%
212,202.00
206,687.70
105.11

0.95%
210,210.20
1,725.00

0.89%
3,522.50
Aaa / AA+
AAA

2.70 2.59
3135G0W66 FNMA Note

1.625% Due 10/15/2024
150,000.00 11/08/2019

1.80%
148,755.00
149,295.49
101.88

0.94%
152,823.60
514.58

0.64%
3,528.11
Aaa / AA+
AAA

2.79 2.72
3135G0X24 FNMA Note

1.625% Due 1/7/2025
325,000.00 Various

1.19%
331,637.25
329,142.17
101.83

1.01%
330,939.05
2,552.60

1.40%
1,796.88
Aaa / AA+
AAA

3.02 2.92
3137EAEP0 FHLMC Note

1.5% Due 2/12/2025
365,000.00 02/13/2020

1.52%
364,718.95
364,824.75
101.46

1.02%
370,344.33
2,113.96

1.56%
5,519.58
Aaa / AA+
AAA

3.12 3.02
3130A4CH3 FHLB Note

2.375% Due 3/14/2025
300,000.00 03/19/2020

1.18%
317,331.00
311,122.31
104.21

1.04%
312,627.30
2,117.71

1.32%
1,504.99
Aaa / AA+
AAA

3.20 3.07
3130AJHU6 FHLB Note

0.5% Due 4/14/2025
210,000.00 06/04/2020

0.53%
209,721.12
209,811.51

98.27 1.04%
206,372.88
224.58

0.87%
(3,438.63)
Aaa / AA+
AAA

3.29 3.24
3135G03U5 FNMA Note

0.625% Due 4/22/2025
145,000.00 04/22/2020

0.67%
144,701.30
144,802.34

98.64 1.04%
143,026.84
173.70

0.60%
(1,775.50)
Aaa / AA+
AAA

3.31 3.26
3135G04Z3 FNMA Note

0.5% Due 6/17/2025
360,000.00 06/17/2020

0.54%
359,254.80
359,484.00

98.03 1.08%
352,896.12

70.00 1.48%
(6,587.88)
Aaa / AA+
AAA

3.46 3.42
3137EAEU9 FHLMC Note

0.375% Due 7/21/2025
190,000.00 07/21/2020

0.48%
189,053.80
189,327.18

97.48 1.10%
185,211.05
316.67

0.78%
(4,116.13)
Aaa / AA+
AAA

3.56 3.51
3135G05X7 FNMA Note

0.375% Due 8/25/2025
305,000.00 08/25/2020

0.47%
303,572.60
303,957.62

97.29 1.14%
296,731.76
400.31

1.25%
(7,225.86)
Aaa / AA+
AAA

3.65 3.60
3137EAEX3 FHLMC Note

0.375% Due 9/23/2025
280,000.00 09/23/2020

0.44%
279,157.20
279,371.13

97.32 1.11%
272,482.00
285.83

1.14%
(6,889.13)
Aaa / AA+
AAA

3.73 3.68
3135G06G3 FNMA Note

0.5% Due 11/7/2025
300,000.00 11/09/2020

0.57%
298,926.00
299,170.76

97.59 1.14%
292,774.80
225.00

1.23%
(6,395.96)
Aaa / AA+
AAA

3.85 3.79
Total Agency 5,710,000.00 1.53%
5,766,519.72
5,739,124.02 0.83%
5,780,954.88
24,607.85

24.34%
41,830.86
Aaa / AA+
AAA

2.48 2.42
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 1/4/2022 4:11:44 PM 113
Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
CMO
3137BFE98 FHLMC K041 A2

3.171% Due 10/25/2024
150,000.00 07/01/2021

0.72%
161,355.47
159,645.42
105.13

1.19%
157,690.80
396.38

0.66%
(1,954.62)
Aaa / AAA
AAA

2.82 2.62
Total CMO 150,000.00 0.72%
161,355.47
159,645.42 1.19%
157,690.80
396.38

0.66%
(1,954.62)
Aaa / AAA
AAA

2.82 2.62

CORPORATE
084670BR8 Berkshire Hathaway Callable Note Cont
1/15/2023

2.75% Due 3/15/2023
200,000.00 04/20/2018

3.28%
195,276.00
198,841.48
102.11

0.71%
204,220.40
1,619.44

0.86%
5,378.92
Aa2 / AA
A+

1.20 1.02
58933YAF2 Merck & Co Note

2.8% Due 5/18/2023
75,000.00 10/26/2018

3.41%
73,074.00
74,417.91
102.95

0.65%
77,212.35
250.83

0.32%
2,794.44
A1 / A+
A+

1.38 1.36
931142EK5 Wal-Mart Stores Callable Note Cont
5/26/2023

3.4% Due 6/26/2023
135,000.00 Various

3.41%
134,964.95
134,989.61
104.03

0.51%
140,445.36

63.75 0.59%
5,455.75
Aa2 / AA
AA

1.48 1.38
06406RAJ6 Bank of NY Mellon Corp Note

3.45% Due 8/11/2023
200,000.00 08/24/2018

3.42%
200,306.00
200,099.29
104.20

0.82%
208,402.40
2,683.33

0.89%
8,303.11
A1 / A
AA1.611.56
808513AY1 Charles Schwab Corp Callable Note
Cont 1/1/2024

3.55% Due 2/1/2024
180,000.00 02/19/2019

3.19%
182,914.20
181,227.97
105.26

0.89%
189,462.42
2,662.50

0.81%
8,234.45
A2 / A
A

2.09 1.92
06051GHF9 Bank of America Corp Callable Note 1X
3/5/2023

3.55% Due 3/5/2024
190,000.00 03/06/2019

2.98%
190,991.80
190,431.74
102.98

1.00%
195,661.24
2,173.39

0.83%
5,229.50
A2 / AAA2.18

1.15 037833CU2 Apple Inc Callable Note Cont 3/11/2024

2.85% Due 5/11/2024
225,000.00 05/17/2019

2.72%
226,332.00
225,631.18
104.17

0.92%
234,384.75
890.63

0.99%
8,753.57
Aaa / AA+
NR

2.36 2.13
023135BW5 Amazon.com Inc Note

0.45% Due 5/12/2024
135,000.00 05/10/2021

0.50%
134,802.90
134,844.98

99.04 0.86%
133,701.57

82.69 0.56%
(1,143.41)
A1 / AA
AA2.362.34
02665WCZ2 American Honda Finance Note

2.4% Due 6/27/2024
200,000.00 07/10/2019

2.49%
199,166.00
199,582.08
103.02

1.16%
206,042.80

53.33 0.86%
6,460.72
A3 / ANR2.49

2.42 79466LAG9 Salesforce.com Inc Callable Note Cont
7/15/2022

0.625% Due 7/15/2024
35,000.00 06/29/2021

0.64%
34,982.15
34,984.96

99.09 0.99%
34,681.19
102.69

0.15%
(303.77)
A2 / A+
NR

2.54 2.50
Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 1/4/2022 4:11:44 PM114 Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
46647PAU0 JP Morgan Chase & Co Callable Note 1X
7/23/2023

3.797% Due 7/23/2024
200,000.00 09/12/2019

2.11%
210,574.00
205,573.43
104.23

1.06%
208,454.80
3,332.92

0.89%
2,881.37
A2 / AAA2.56

1.50 00440EAS6 Chubb INA Holdings Inc Note

3.15% Due 3/15/2025
200,000.00 02/24/2021

0.83%
218,428.00
214,575.33
105.57

1.37%
211,143.20
1,855.00

0.89%
(3,432.13)
A3 / A
A

3.21 3.03
30231GBH4 Exxon Mobil Corp Callable Note Cont
2/19/2025

2.992% Due 3/19/2025
195,000.00 01/20/2021

0.77%
212,735.25
208,713.55
105.13

1.31%
205,009.94
1,653.08

0.87%
(3,703.61)
Aa2 / AANR3.22

2.98 06367WB85 Bank of Montreal Note

1.85% Due 5/1/2025
205,000.00 03/24/2021

1.15%
210,750.25
209,670.88
101.52

1.38%
208,115.18
632.08

0.88%
(1,555.70)
A2 / AAA3.33

3.22 037833DT4 Apple Inc Callable Note Cont 4/11/2025

1.125% Due 5/11/2025
155,000.00 09/16/2021

0.83%
156,643.00
156,515.66

99.73 1.21%
154,579.95
242.19

0.65%
(1,935.71)
Aaa / AA+
NR

3.36 3.28
747525AF0 Qualcomm Inc Callable Note Cont
2/20/2025

3.45% Due 5/20/2025
350,000.00 Various

1.09%
385,138.10
377,251.90
106.60

1.44%
373,116.80
1,375.21

1.57%
(4,135.10)
A2 / A
NR

3.39 3.20
61747YEA9 Morgan Stanley Callable Note Cont
5/30/2024

0.79% Due 5/30/2025
300,000.00 Various

0.74%
299,941.80
299,938.28

98.71 1.12%
296,136.00
204.07

1.24%
(3,802.28)
A1 / BBB+
A

3.41 3.36
78015K7H1 Royal Bank of Canada Note

1.15% Due 6/10/2025
350,000.00 Various

1.19%
349,710.00
349,529.67

99.18 1.39%
347,128.25
234.80

1.46%
(2,401.42)
A2 / A
AA3.443.36
46647PBK1 JP Morgan Chase & Co Callable Note
Cont 4/22/2025

2.083% Due 4/22/2026
200,000.00 09/16/2021

1.33%
206,378.00
205,985.80
101.54

1.60%
203,078.80
798.48

0.85%
(2,907.00)
A2 / AAA4.31

3.18 91324PEC2 United Health Group Inc Callable Note
Cont 4/15/2026

1.15% Due 5/15/2026
350,000.00 Various

1.43%
345,778.05
345,810.66

98.97 1.39%
346,407.26
514.30

1.45%
596.60
A3 / A+
A

4.37 4.24
89236TJK2 Toyota Motor Credit Corp Note

1.125% Due 6/18/2026
350,000.00 Various

1.15%
349,529.80
349,561.59

98.54 1.46%
344,883.70
142.19

1.45%
(4,677.89)
A1 / A+
A+

4.47 4.33
06051GJD2 Bank of America Corp Callable Note
Cont 6/19/2025

1.319% Due 6/19/2026
200,000.00 09/16/2021

1.23%
200,670.00
200,630.18

98.98 1.53%
197,963.40

87.93 0.83%
(2,666.78)
A2 / AAA4.47

4.32 06368FAC3 Bank of Montreal Note

1.25% Due 9/15/2026
100,000.00 09/23/2021

1.39%
99,311.00
99,347.46

97.92 1.71%
97,920.00
368.06

0.41%
(1,427.46)
A2 / AAA4.71

4.53 Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 1/4/2022 4:11:44 PM 115
Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

CORPORATE
931142ER0 Wal-Mart Stores Callable Note Cont
08/17/2026

1.05% Due 9/17/2026
40,000.00 09/08/2021

1.09%
39,924.40
39,928.79

98.94 1.28%
39,574.48
121.33

0.17%
(354.31)
Aa2 / AA
AA

4.72 4.56
Total Corporate 4,770,000.00 1.69%
4,858,321.65
4,838,084.38 1.20%
4,857,726.24
22,144.22

20.46%
19,641.86
A1 / A
A+

3.13 2.88

MONEY MARKET FUND
31846V203 First American Govt Obligation Fund
Class Y
264,087.29 Various

0.01%
264,087.29
264,087.29

1.00 0.01%
264,087.29

0.00 1.11%

0.00 Aaa / AAA
AAA

0.00 0.00
Total Money Market Fund 264,087.29 0.01%
264,087.29
264,087.29 0.01%
264,087.29

0.00 1.11%

0.00 Aaa / AAA
AAA

0.00 0.00

NEGOTIABLE CD
06417MRL1 Bank of Nova Scotia Houston Yankee CD

0.2% Due 9/21/2022
450,000.00 09/24/2021

0.20%
449,999.98
449,999.99

99.85 0.40%
449,327.70
255.00

1.89%
(672.29)
P-1 / A-1
F-1+

0.72 0.72
86959RTW0 Svenska Handelsbanken NY Yankee CD

0.255% Due 10/14/2022
450,000.00 10/15/2021

0.25%
450,022.69
450,017.83

99.91 0.36%
449,616.15
248.63

1.89%
(401.68)
P-1 / A-1+
F-1+

0.79 0.78
55380TXG0 MUFG Bank Yankee CD

0.25% Due 10/20/2022
450,000.00 10/08/2021

0.25%
450,000.00
450,000.00

99.84 0.44%
449,301.60
265.63

1.89%
(698.40)
P-1 / A-1
F-1

0.80 0.80
Total Negotiable CD 1,350,000.00 0.23%
1,350,022.67
1,350,017.82 0.40%
1,348,245.45
769.26

5.66%
(1,772.37)
P-1 / A-1
F-1+

0.77 0.77

SUPRANATIONAL
4581X0DZ8 Inter-American Dev Bank Note

0.5% Due 9/23/2024
375,000.00 09/15/2021

0.52%
374,722.50
374,747.82

98.68 0.99%
370,031.25
510.42

1.55%
(4,716.57)
Aaa / AAA
NR

2.73 2.70
459058JB0 Intl. Bank Recon & Development Note

0.625% Due 4/22/2025
180,000.00 04/15/2020

0.70%
179,303.40
179,539.54

98.37 1.13%
177,067.80
215.63

0.74%
(2,471.74)
Aaa / AAA
NR

3.31 3.26
459058JL8 Intl. Bank Recon & Development Note

0.5% Due 10/28/2025
250,000.00 10/21/2020

0.52%
249,717.50
249,784.03

97.46 1.18%
243,654.75
218.75

1.02%
(6,129.28)
Aaa / AAA
AAA

3.83 3.77
Total Supranational 805,000.00 0.56%
803,743.40
804,071.39 1.08%
790,753.80
944.80

3.32%
(13,317.59)
Aaa / AAA
AAA

3.20 3.15
Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 1/4/2022 4:11:44 PM 116
Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
912828L57 US Treasury Note

1.75% Due 9/30/2022
550,000.00 Various

2.08%
541,794.93
548,736.53
101.07

0.32%
555,865.20
2,459.14

2.34%
7,128.67
Aaa / AA+
AAA

0.75 0.74
912828M49 US Treasury Note

1.875% Due 10/31/2022
400,000.00 Various

2.35%
391,550.78
398,517.62
101.25

0.37%
404,984.41
1,284.53

1.70%
6,466.79
Aaa / AA+
AAA

0.83 0.83
9128284D9 US Treasury Note

2.5% Due 3/31/2023
350,000.00 Various

2.73%
346,310.55
349,071.87
102.47

0.51%
358,640.80
2,235.58

1.51%
9,568.93
Aaa / AA+
AAA

1.25 1.23
912828R69 US Treasury Note

1.625% Due 5/31/2023
200,000.00 05/30/2018

2.67%
190,289.06
197,261.15
101.51

0.55%
203,023.40
285.71

0.85%
5,762.25
Aaa / AA+
AAA

1.41 1.40
91282CCD1 US Treasury Note

0.125% Due 5/31/2023
500,000.00 09/23/2021

0.22%
499,238.28
499,361.10

99.38 0.56%
496,914.00

54.95 2.08%
(2,447.10)
Aaa / AA+
AAA

1.41 1.41
91282CCU3 US Treasury Note

0.125% Due 8/31/2023
500,000.00 09/16/2021

0.22%
499,101.56
499,235.13

99.13 0.65%
495,644.50
212.36

2.08%
(3,590.63)
Aaa / AA+
AAA

1.67 1.66
912828U57 US Treasury Note

2.125% Due 11/30/2023
300,000.00 Various

2.56%
294,125.00
297,683.18
102.70

0.71%
308,085.91
560.44

1.29%
10,402.73
Aaa / AA+
AAA

1.92 1.88
912828V80 US Treasury Note

2.25% Due 1/31/2024
150,000.00 03/28/2019

2.21%
150,304.69
150,130.90
103.09

0.75%
154,628.85
1,412.36

0.65%
4,497.95
Aaa / AA+
AAA

2.08 2.02
912828WJ5 US Treasury Note

2.5% Due 5/15/2024
200,000.00 06/10/2019

1.91%
205,515.63
202,650.57
103.90

0.84%
207,804.60
649.17

0.87%
5,154.03
Aaa / AA+
AAA

2.37 2.30
91282CCX7 US Treasury Note

0.375% Due 9/15/2024
850,000.00 Various

0.49%
846,996.10
847,268.80

98.61 0.90%
838,179.90
950.96

3.52%
(9,088.90)
Aaa / AA+
AAA

2.71 2.68
912828YH7 US Treasury Note

1.5% Due 9/30/2024
450,000.00 Various

1.65%
446,798.83
448,187.27
101.60

0.91%
457,207.20
1,724.58

1.92%
9,019.93
Aaa / AA+
AAA

2.75 2.68
9128283J7 US Treasury Note

2.125% Due 11/30/2024
225,000.00 12/12/2019

1.76%
228,875.98
227,273.45
103.36

0.95%
232,567.43
420.33

0.98%
5,293.98
Aaa / AA+
AAA

2.92 2.83
912828J27 US Treasury Note
2% Due 2/15/2025
400,000.00 03/04/2020

0.72%
424,921.88
415,727.80
103.03

1.01%
412,124.80
3,021.74

1.74%
(3,603.00)
Aaa / AA+
AAA

3.13 3.01
912828ZC7 US Treasury Note

1.125% Due 2/28/2025
500,000.00 Various

0.64%
508,781.26
507,527.84
100.38

1.00%
501,914.00
1,911.26

2.11%
(5,613.84)
Aaa / AA+
AAA

3.16 3.09
91282CAZ4 US Treasury Note

0.375% Due 11/30/2025
275,000.00 12/28/2020

0.38%
274,924.80
274,940.20

97.02 1.15%
266,814.35

90.66 1.12%
(8,125.85)
Aaa / AA+
AAA

3.92 3.87
91282CBC4 US Treasury Note

0.375% Due 12/31/2025
650,000.00 Various

0.71%
640,784.38
641,389.43

96.97 1.15%
630,322.55

6.73 2.64%
(11,066.88)
Aaa / AA+
AAA

4.00 3.95
Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 1/4/2022 4:11:44 PM117 Holdings Report
As of December 31, 2021
City of American Canyon
Account #10130
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
91282CBT7 US Treasury Note

0.75% Due 3/31/2026
650,000.00 Various

0.90%
645,357.42
645,964.47

98.15 1.20%
637,989.95
1,245.53

2.68%
(7,974.52)
Aaa / AA+
AAA

4.25 4.15
91282CCP4 US Treasury Note

0.625% Due 7/31/2026
350,000.00 Various

1.04%
343,220.70
343,513.66

97.29 1.23%
340,525.50
915.42

1.43%
(2,988.16)
Aaa / AA+
AAA

4.58 4.49
91282CCW9 US Treasury Note

0.75% Due 8/31/2026
1,000,000.00 Various

0.88%
993,638.68
993,985.40

97.82 1.23%
978,203.01
2,548.34

4.11%
(15,782.39)
Aaa / AA+
AAA

4.67 4.55
91282CDG3 US Treasury Note

1.125% Due 10/31/2026
700,000.00 Various

1.28%
694,789.06
694,878.73

99.40 1.25%
695,788.80
1,348.76

2.92%
910.07
Aaa / AA+
AAA

4.84 4.68
Total US Treasury 9,200,000.00 1.17%
9,167,319.57
9,183,305.10 0.91%
9,177,229.16
23,338.55

38.58%
(6,075.94)
Aaa / AA+
AAA

2.97 2.91
TOTAL PORTFOLIO 23,654,147.96 1.24%
23,779,495.89
23,745,225.51 0.91%
23,776,925.23
72,605.07
100.00%
31,699.72
Aa1 / AA
AAA

2.75 2.55
TOTAL MARKET VALUE PLUS ACCRUED 23,849,530.30
Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 1/4/2022 4:11:44 PM 118

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 14.

TITLE
Syar Warranty Agreement

RECOMMENDATION
Adopt a Resolu'on authorizing the City Manager to execute an extended warranty agreement with Syar Industries, Inc. for recently completed paving projects in the City of American Canyon.

CONTACT
Erica Ahmann Smithies, Public Works Director

BACKGROUND & ANALYSIS
In January 2021, City staff discovered the presence of a so7 aggregate material in the asphalt supplied by Syar at various street loca'ons that were paved in the 2020 calendar year. The so7 aggregate material was a claylike white or off-white substance that crumbled and could be broken up easily by hand tools following rain events. The concern was that normal street use would result in potholes and craters in the newly paved surface. The so7 aggregate issue was not isolated to the City of American Canyon, but one that was apparent on several County of Napa projects as well.

The so7 aggregate substance is a geological material mined from so7er veins in the Syar quarry that is not usually present in acceptable asphalt. Addi'onally, the so7 aggregate cannot be recognized during the paving process. During the paving process, the so7 aggregate does not appear any different from the quality asphalt material that is being laid down for the roadway because the subject aggregate is covered with asphalt emulsion. Therefore, the so7 aggregate material is not dis'nguishable from other asphalt material during the construc'on process and thus cannot be iden'fied or mi'gated at that 'me. The so7 aggregate material only became apparent a7er the roadways were finished, reopened for public use, and exposed to wet weather.

City engineering staff conducted visual inspec'ons of the paved streets and iden'fied the same so7 aggregate material in three (3) affected street paving projects (public and private projects) that were constructed during the same timeframe. The public streets affected are as follows:

1. 2019 Annual Paving Project, CIP No. TR19-0100 American Canyon Road - Railroad tracks through Flosden Road Intersec'onChaucer Lane – American Canyon Road to Benton Way, Donaldson Way West, and Kensington Way.
119

2. Napa Logistics Park Phase II - Private Development Middleton Way.

3. SDG 217 - Private Development* Commerce Court.

The street noted with a (*) was not included in the extended warranty nego'ated with Syar because the private developer executed an agreement with the City directly to guarantee the life of the pavement design.

Between January 2021 and the present, City staff reached out to the City's general contractor and private developers for the respec've projects, as well as to Syar, regarding the discovery of the so7 aggregate. The City sent correspondence to the City contractor and private developers specifically no'fying them of a poten'al warranty issue in order to preserve the City’s li'ga'on and warranty rights in the event that the soft aggregate issue could not be resolved amicably.

City staff also discussed the issue with Syar staff to understand how the so7 aggregate material could have made its way into Syar’s asphalt supply. According to Syar staff, the mining opera'on struck a vein of the so7 aggregate material during its normal opera'on. Some of that material inadvertently ended up in the final asphalt product used on City projects. Syar staff stated that the company will mine material in smaller increments in order to avoid such large amounts so7 aggregate material in the future, but Syar staff stopped short of promising that no so7 aggregate would ever end up in asphalt products again. It is important to note that the so7 aggregate issues are not apparent in the 2021 James Road Reconstruc'on project which was tested with significant rainfall in late 2021; therefore it appears that Syar's change in practice is working.

In August 2021, Syar staff informed City staff that the company would be willing to provide an extended warranty on the Syar materials for the work performed in 2020. An agreement with Syar would reduce the number of other par'es (i.e. contractors and sure'es) that City staff would need to contact to resolve any future found pavement deficiencies. City staff conferred internally as well with staff members from the County of Napa regarding this direc'on and they shared a dra7 of the warranty agreement they had been working on with Syar.

On November 2, 2021, the County of Napa's Board of Supervisors executed a pavement warranty agreement with Syar. The proposed warranty agreement for American Canyon is very similar to the County's version and has been reviewed and revised by the City AGorney to reflect American Canyon's projects.

The warranty agreement will provide an extended warranty of 10 years for the iden'fied streets using Syar materials. The agreement allows the City to exercise the warranty within 10 years of project comple'on when the City iden'fies degrada'on of the roadway caused by the so7 aggregate. Syar would then repair and repave the affected roadway or provide other mi'ga'on measures if the degrada'on is only par'ally due to the so7 aggregate material. If a dispute arises, the agreement would require the par'es to first aGempt to resolve the dispute via media'on before bringing suit. In addi'on, the agreement requires an annual street inspec'on to be conducted by a 120
qualified Syar staff member or third party firm.

Although the expected service life of the pavement is 15-20 years, City staff believe a 10-year warranty is reasonable given that any possible defects caused by the so7 aggregate will become evident within the first 10 years. Other factors, such as normal wear and tear, will make it difficult to enforce any warranty a7er the road’s ini'al 10 years of use, as these factors would contribute to future road degradation.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
There is no fiscal impact if the warranty is executed.

ENVIRONMENTAL REVIEW
The proposed ac'on is not a project under the California Environmental Quality Act (Pub. Res. Code Sec'on 21000, et seq. ("CEQA")) as defined by 14 California Code of Regula'ons 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.

ATTACHMENTS:

1. Resolution Syar Warranty

2. AmCan and Syar Industries Inc. Warranty Agreement
121
RESOLUTION NO. 2022-

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENDED WARRANTY AGREEMENT WITH SYAR INDUSTRIES, INC. FOR RECENTLY COMPLETED PAVING PROJECTS IN THE CITY OF AMERICAN CANYON.

WHEREA, the two (2) road paving projects are identified as follows:

1. 2019 Annual Paving Project, CIP No. TR19-0100
• American Canyon Road - Railroad tracks through Flosden Road Intersection • Chaucer Lane – American Canyon Road to Benton Way
• Donaldson Way West
• Kensington Way

2. Napa Logistics Park Phase II - Private Development
• Middleton Way ; and
WHEREAS, the pavement life of the Projects should be 20 years and the pavement to still be in "Good" condition after 15 years without any treatment from the City during that time period; and WHEREAS, a best practice of pavement management is to protect the asphalt concrete pavement with the proper maintenance from deterioration due to water and sunlight damage, or due to any other weather-related conditions; and
WHEREAS, City staff identified a soft aggregate material ("Soft Aggregate"), which crumbles easily and degrades under rain conditions, in the asphalt concrete supplied by Syar for recent paving projects, which may reduce the life of the pavement; and
WHEREAS, the City and Syar disagree at this time as to whether and to what extent the presence of the Soft Aggregate may have on the lifespan of the paving projects and the durability of the paved surface; and
WHEREAS, the City and Syar desire to avoid the time and expense of complex litigation regarding the Soft Aggregate, and instead wish to voluntarily enter into this Agreement whereby Syar will provide directly to City an extended warranty for the Syar-supplied material utilized in the specified paving projects; and WHEREAS, the Agreement grants the City a 10-year warranty on all Syar hot-mixed asphalt utilized in the specified paving projects identified above.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to execute an extended warranty agreement with Syar Industries, Inc. for recently completed paving projects in the City of American Canyon.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:
122
2 AYES:

NOES:

ABSTAIN:

Page 1 ends

THE CITY OF AMERICAN CANYON AGREEMENT NO. _____

EXTENDED WARRANTY AGREEMENT
THIS AGREEMENT is made and entered into as of this ______ day of _______, 2022, by and between THE CITY OF AMERICAN CANYON, a Municipal Corporation, hereinafter referred to as "CITY", and SYAR INDUSTRIES, INC., a California corporation, hereinafter referred to as "SYAR", and CITY and SYAR may be referred to throughout this Agreement collectively as "Parties" and individually as "Party";

RECITALS
WHEREAS, CITY has completed and accepted two (2) road paving projects identified in Exhibit A (the "Projects") utilizing material supplied by SYAR; and WHEREAS, the pavement life of the Projects should be 20 years and the pavement to still be in "Good" condition after 15 years without any treatment from the City during that time period; and
WHEREAS, a best practice of pavement management is to protect the asphalt concrete pavement with the proper maintenance from deterioration due to water and sunlight damage, or due to any other weather-related conditions; and
WHEREAS, CITY identified a soft aggregate material ("Soft Aggregate"), which crumbles easily and degrades under rain conditions, in the asphalt concrete supplied by SYAR for recent paving projects, which may reduce the life of the pavement; and WHEREAS, the Parties disagree at this time as to whether and to what extent the presence of the Soft Aggregate may have on the lifespan of the Projects and the durability of the paved surface; and
WHEREAS, the Parties desire to avoid the time and expense of complex litigation regarding the Soft Aggregate, and instead wish to voluntarily enter into this Agreement whereby SYAR will provide directly to CITY an extended warranty for the SYAR-supplied material utilized in the Projects;
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, CITY and SYAR hereby agree to the terms and conditions set forth herein:
124
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 2 ends

TERMS

1. Applicable Projects. This Agreement shall only apply to the Projects described in Exhibit "A", attached hereto and incorporated herein by this reference.

2. Warranty Term. SYAR grants to CITY a 10-year warranty on all SYAR hot-mixed asphalt (HMA) utilized in the Projects.

3. Warranty Commencement. The time period for any warranty granted by SYAR under this agreement shall be deemed as commencing on the date that CITY issues or has issued a Notice of Completion for the Project.

4. Scope of Warranty. SYAR warrants that the Projects will not experience premature road surface degradation due to the presence of Soft Aggregate in HMA supplied by SYAR. (a) For the purposes of this Agreement, "Soft Aggregate" shall mean material that is generally whitish or light in color (color can vary) and breaks into a powder easily when routed in a dry state with hand tools such as a screw driver and may exhibit clay-like characteristics when wet.
(b) A warranty granted pursuant to this Agreement shall not be construed to apply to road surface degradation solely due to any of the following:
(i) Poor workmanship, including, but not limited to, poor compaction, raking, rutting, shoving, cracking, or a similar problem due to failures in subbase; or (ii) Accidents occurring on the roadway.

5. Exercise of Warranty. Any warranty granted pursuant to this Agreement shall be exercised utilizing the following procedure:
(a) SYAR shall use qualified personnel or retain and pay the cost of a qualified firm (satisfactory to the City’s Engineer) to conduct bi-annual inspections of Project to ensure no premature road degradation occurs. SYAR shall provide CITY a report if any premature road degradation is identified. Reports shall also be made available to City upon request. (b) Whenever CITY or SYAR identifies premature road degradation due to Soft Aggregate on a Project, CITY may exercise its warranty by notifying SYAR in writing pursuant to the procedure described in Paragraph 7. The notice sent pursuant to this paragraph shall provide details about the presence of Soft Aggregate and the roadway degradation caused by the Soft Aggregate. Examples of premature road degradation include, but are not limited to:
(i) Alligator cracking or Map cracking (Fatigue);
(ii) Consolidation of pavement layers (Rutting);
(iii) Shear failure cracking;
(iv) Longitudinal cracking;
(v) Potholing;
(vi) Lack of binding to the lower course;
125
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 3 ends

(vii) Raveling;
(viii) Formation of waves and corrugation;
(ix) Bleeding;
(x) Pumping; and/or
(xi) Striping.
(c) The Parties shall work jointly and in good faith to determine whether Soft Aggregate is the cause of the premature road degradation identified by CITY, and if so, the associated reduction in the expected useful life of the roadway. Either Party may conduct testing at its own expense.
(d) If Soft Aggregate causes premature road degradation, SYAR shall elect to either repair and repave, as agreed by both parties, the affected roadway at its own expense, or pay the CITY the amount equivalent to the reduction in the useful life of the portion of the roadway affected by Soft Aggregate, based on the actual cost of the Project paid by CITY, and assuming the useful life of the Project is 20 years. Repaving will typically be an asphalt concrete overlay or surface treatment as originally performed on the project. The actual cost shall be calculated by escalating the original bid cost in accordance with the Construction Cost Index (CCI) to the year when road degradation is discovered. If the Parties determine there were other contributing factors for premature road degradation on a Project, the amount paid by SYAR to CITY shall be reduced in proportion to the extent the other contributing factors cause the premature road degradation.
(e) In the event that the Parties are unable to agree on the cause of the premature road degradation or the amount to be paid to CITY, the Parties shall engage in mediation pursuant to Section 6 of this Agreement.
(f) Nothing in this Agreement shall prevent the CITY from exercising a warranty pursuant to this Paragraph multiple times for the same or different Projects, provided that any subsequent notice provided pursuant to Paragraph 5(b) is effective before the expiration of the warranty period described in Paragraph 2.

6. Mandatory Non-binding Mediation. If a dispute arises between the parties regarding their respective obligations under this Agreement, either Party may demand mediation pursuant to this section by sending written notice to the other Party. The Parties shall endeavor to settle the dispute in an amicable manner, using mandatory non-binding mediation under the Construction Industry Mediation Rules of the American Arbitration Association or any other neutral organization agreed to by the Parties. Mediation is mandatory before either Party may have recourse in a court of law.
(a) Mediation Costs. The expenses of witnesses for either side shall be paid by the Party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the Parties, unless they agree otherwise.
(b) Selection of Mediator. A single mediator that is acceptable to both Parties shall be used to mediate the claim. Preferably, the mediator will be knowledgeable in public works 126
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 4 ends

construction and may be selected from lists furnished by the American Arbitration Association or any other agreed upon mediator. The Parties shall endeavor to agree on a mediator within ten (10) business days after the date the final determination is issued, unless a longer period is mutually agreed to in writing by the Parties.
(c) Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, or admissions will be confidential to the proceedings and will not be used for any other purpose unless otherwise agreed by the Parties in writing. The Parties may agree to exchange any information they deem necessary. Both Parties shall have a representative attend the mediation who is authorized to settle the claim, though CITY's recommendation of settlement may be subject to the approval of the City Council. Either Party may have attorney(s), witnesses or expert(s) present. Either Party may request a list of witnesses and notification whether attorney(s) will be present.
(d) Mediation Results. Any resultant agreements from mediation shall be documented in writing. Mediation results and documentation, by themselves, shall be "nonbinding" and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing by both Parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery.

7. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.

CITY SYAR
City of American Canyon Syar Industries
City Engineer 2301 Napa Vallejo Highway
4381 Broadway, Suite 201 P.O. Box 2540
American Canyon, CA 94503 Napa, CA 94558-6242

8. Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in writing and with the prior written consent of both parties.

Failure of SYAR to secure such authorization in writing in advance of performing any extra or changed work shall constitute a waiver of any and all rights to adjustment in the contract price or contract time and no compensation shall be paid for such extra work. 127
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 5 ends

9. Interpretation; Venue.
(a) Interpretation. The headings used herein are for reference only. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California without regard to the choice of law or conflicts. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
(b) Venue. This Agreement is made in The City of American Canyon, California.

The venue for any legal action in state court filed by either party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa, a unified court. The venue for any legal action in federal court filed by either party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement lying within the jurisdiction of the federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation or similar legal proceedings under this Agreement shall be the City of American Canyon, California; however, except as provided for in this Agreement, nothing in this sentence shall obligate either party to submit to arbitration any dispute arising under this Agreement.

10. Authority to Contract. SYAR and CITY each warrant hereby that they are legally permitted and otherwise have the authority to enter into and perform this Agreement.

11. Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create any rights in third parties and the parties do not intend to create such rights.

12. Attorney's Fees. Except as provided for in the event of arbitration pursuant to Paragraph 5(e), in the event that either party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action.

13. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.

14. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
128
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 6 ends

15. Entirety of Contract. This Agreement, including any documents expressly incorporated by reference whether or not attached hereto, constitutes the entire agreement between the parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof.

16. Counterparts. This Agreement may be executed in counterparts, which when taken together, shall constitute a single signed original as though all parties had executed the same page.
[remainder of page intentionally blank]
129
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 7 ends

IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the date first above written.

SYAR INDUSTRIES, INC.

By ________________________________
_______, General Counsel
By ________________________________

WILLIAM MESSANA, CFO

CITY OF AMERICAN CANYON
By _________________________________
Jason B. Holley, City Manager
Attest:

By__________________________
Taresa Geilfuss, City Clerk
Approved as to form:

By:__________________________
William. D. Ross, City Attorney
130
Extended Warranty Agreement
Syar Industries, Inc. PL Doc. No _________

Page 8 ends

EXHIBIT A
2019 Annual Paving Project, City Project No. TR19-011
• American Canyon Road - Railroad tracks through Flosden Road Intersection • Chaucer Lane – American Canyon Road to Benton Way
• Donaldson Way West
• Kensington Way
Napa Logistics Park Phase II, Private Development
• Middleton Way
131

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 15.

TITLE
Watson Ranch Lots 14 and 15 Final Map & Subdivision Improvement Agreement

RECOMMENDATION
Adopt a Resolu.on taking the following ac.ons in conjunc.on with the Watson Ranch Lots 14 and 15 Project:

1. Approving the Final Map to subdivide the proper.es (Assessor’s Parcel Numbers 059-430-027, 059-430-029 and 059-430-035) to create 98 lots and one parcel; and

2. Approving a Subdivision Improvement Agreement.

CONTACT
Erica Ahmann Smithies, P.E., Public Works Director

BACKGROUND & ANALYSIS
On November 17, 2020, City Council approved Resolu.on No. 2020-11, a Ves.ng Tenta.ve Subdivision Map for Watson Ranch Phase 1A to create 98 single family home lots, 3 vacant lots, one open space parcel and six public streets.

The Applicant has prepared the “Watson Ranch Lots 14 and 15 Final Map” (Exhibit A), and complied with all relevant Conditions of Approval except as discussed below.

Municipal Code Sec.on 18.26.030 requires that “Prior to city council considera.on of the final map, the sub-divider shall execute a subdivision agreement between himself and the city. The agreement shall provide for installa.on of all improvements as shown on the approved plans and specifica.ons for the project, and specify the period of .me within which he or his agent or contractor shall complete all improvement work to the sa.sfac.on of the city engineer. In the event the sub-divider fails to complete such work within said period, the agreement shall include provisions for the city to complete all improvements and recover the full cost and expense thereof from the sub-divider”. A Subdivision Improvement Agreement (“Agreement”) has been prepared (Exhibit B), and agreed upon by both parties.

The City Engineer has reviewed the Final Map and determined that it is in conformance with the Tenta.ve Parcel Map and the Subdivision Map Act. The Final Map includes the following offers of dedication to the City:
132
Right-of-way for six public streets
Public Access Easement (PAE)
Public utility easement (PUE)
The City Engineer will not release the approved Final Map for recording un.l the aforemen.oned Subdivision Improvement Agreement is recorded and any outstanding fee or payments are received.

Staff recommends the City Council approve the Final Map to sub-divide the Watson Ranch Lots 14 and 15 proper.es to create 98 lots for single family homes and accept the dedica.ons of the rightof-way, public access and public utility easements offered thereon.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."

FISCAL IMPACT
The Recommended Action will have no impact on the General Fund.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act, an Ini.al Study was prepared for Watson Ranch Specific Plan Project and at a no.ced public hearing held on October 4, 2018, the City Council cer.fied the Project Final Environmental Impact Report (SCN# 2015022030) as adequate to address environmental impacts associated with the Watson Ranch Specific Plan Project.

ATTACHMENTS:

1. Resolution - Watson Ranch Lots 14-15 Final Map and Subdivision Improvement Agreement

2. Exhibit A - Lot 14 -15 Final Map Unrecorded

3. Exhibit B - Subdivision Improvement Agreement for Lots 14 and 15 133
RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON TAKING THE FOLLOWING ACTIONS IN CONJUNCTION WITH THE WATSON RANCH LOTS 14 AND 15 PROJECT: 1) APPROVING THE FINAL MAP TO SUBDIVIDE THE PROPERTIES (ASSESSOR’S PARCEL NUMBERS 059-430-027, 059-430-029 AND 059-430-035) TO CREATE 98 LOTS AND ONE PARCEL; AND 2) APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT.

WHEREAS, On November 17, 2020, City Council approved Resolution No. 2020-11, a Vesting Tentative Subdivision Map for Watson Ranch Phase 1A to create 98 single family home lots, 3 vacant lots, one open space parcel and six public streets; and
WHEREAS, the Final Map entitled “Watson Ranch Lots 14 and 15 Final Map” has been prepared and submitted to the City of American Canyon for approval (attached hereto as Exhibit A and incorporated herein); and
WHEREAS, the Final Map includes the offer of dedication of the right-of-way for six public streets, public access easement and public utility easement; and
WHEREAS, a duly noticed public hearing was held on October 4, 2018, the City Council found and determined that the Project Final Environmental Impact Report is adequate to address environmental impacts associated with the Watson Ranch Specific Plan Project; and WHEREAS, the Developer has agreed to enter into a Subdivision Improvement Agreement (attached hereto as Exhibit B and incorporated herein), for completion of all remaining requirements of the development, including financial securities to guarantee that the work is completed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the Final Map for Watson Ranch Lots 14 & 15 (Assessor’s Parcel Numbers 059-430-027 and 059-430-029 and 059-430-035); and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby authorizes the City Manager to enter into a Subdivision Improvement Agreement; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby accepts the dedication of the right-of-way, public access and public utility easements offered thereon.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Leon Garcia, Mayor
134
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney Attachments:

Exhibit A – Watson Ranch Lots 14 and 15 Final Map
Exhibit B - Subdivision Improvement Agreement
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165

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

MANAGEMENT AND STAFF ORAL REPORTS
ITEM NUMBER: 16.

TITLE
Senior Multi-Use Center Name Change

RECOMMENDATION
Adopt a Resolution renaming of the City's Senior Multi-Use Center to the Adult Activity Center.

CONTACT
Alexandra Ikeda, Parks and Recreation Director

BACKGROUND & ANALYSIS
Since 2010, the American Canyon Senior Mul1-Use Center has served our ac1ve adult community by providing a wide variety of programs and services that encourages and promotes health and wellness, provide necessary and vital resources, create a sense of place and belonging, and foster long-lasting relationships.

American Canyon strives to remain relevant and connected to our program par1cipants and community. Staff is aware some ac1ve adult community members are disconnected from our program offerings because the word “senior” is part of the name of our facility. This is not unique or specific to the American Canyon, na1onwide tradi1onal “Senior Centers” are recrea1ng programs and services, and removing the word “senior” from program offerings and marke1ng to remain relevant and connected to their adult community.

Since 2019, Parks and Recrea1on staff has been working with the Senior Steering Commi:ee and surveying program par1cipants and community members, we recommend renaming the Senior Mul1-Use Center to the Adult Ac1vity Center. Staff believes this simple name change will allow us to be:er connect and engage with all adults within American Canyon, boost par1cipa1on and enrollment, and create a sense of place that is inclusive and enjoyable for all. In addi1on to new signage, a re-branding effort will be undertaken to in create awareness and excitement about the Adult Activity Center and its offerings.
166

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."

FISCAL IMPACT
The Parks and Recrea1on Department applied and was awarded a $5,000 grant from the Solano County Founda1on and the United Way Health Endowment Fund. This grant can be used for general senior center opera1ons, where we have iden1fied $2,500 to purchase and install updated facility signage with the name change. The sign will be purchased and installed through Fast Signs. The remaining grant monies will be used to promote and expand ac1ve adult programs and services at the center.

ENVIRONMENTAL REVIEW
None
ATTACHMENTS:

1. Resolution - Renaming of the Senior Multi-Use Center

2. Adult Activity Center Sign
167
Use Calibri font 11 pt.

Use 1 inch margins, top, bottom and sides
RESOLUTION NO. 2022- ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON RENAMING OF THE CITY’S SENIOR MULTI-USE CENTER TO THE ADULT ACTIVITY CENTER WHEREAS, the center has served all active adults within the City of American Canyon since 2010; and WHEREAS, the center is a community resource and the City’s gateway to connect to our active adult community that can help them stay healthy and independent; and WHEREAS, the center encourages health and wellness, provides necessary and vital resources, creates a sense of belonging, and fosters long-lasting relationships; and WHEREAS, the center provides a space for the City’s active adult community to gather, socialize, and spend time with one another in an enjoyable, fun, and engaging environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby rename the City of American Canyon’s Senior Multi-Use Center to the Adult Activity Center.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _______________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 168
169

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 17.

TITLE
Mid Year Budget Adjustment for Fiscal Year 2021-22

RECOMMENDATION
Adopt a Resolu+on of the City Council of the City of American Canyon approving Mid-Year Budget Amendments to the Fiscal Year 2021-22 Budget.

CONTACT
Lincoln Bogard, Finance Director

BACKGROUND & ANALYSIS
The City adopts a budget each June for the upcoming fiscal year. It covers the +me period of “oneyear” (July 1 through June 30). Therea8er, staff rou+nely monitors expenditures and revenues on a monthly basis. A8er the comple+on of the prior fiscal year’s Annual Comprehensive Financial Report (ACFR) near the mid-term of the fiscal year, staff undertakes a comprehensive review of the City’s financial posi+on. The City received its unmodified "clean" opinion from our external auditors on December 30, 2021. A8er incorpora+ng those results, this proposed mid year budget amendment es+mates revenue and expenditure/expense expecta+ons and needs for the remainder of the current fiscal year.

During the “Mid Year Budget Review” process, staff compares their respec+ve departments’ actual revenue and expenditures, expecta+ons for the remainder of the fiscal year, and compares those results to amounts budgeted. This fiscal year’s process includes ac+vity posted through December 31, 2020. It also includes analysis about planned work not yet complete and unplanned work that is desired before the end of the fiscal year. This includes any added, unplanned work to this “Mid-Year Budget Review” and associated Mid-Year Budget Amendments for that are included.

Staff presented “dra8” Fiscal Year 2020-21 financial statements to the Finance Commi@ee on December 16, 2021 and "final" audited results to Council on January 18, 2022. Based on the reported results and taking into considera+on feedback in those mee+ngs, staff proposes certain Mid-Year Budget Amendments, which are detailed in Exhibit A as well as a detailed report, which will be added to the City's new transparency portal, which shows request at the fund level and at more granular and aggregate levels.
170

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
The General Fund net increase in appropria+ons from the mid year budget amendment process is $730,968. The increase in expenditures is $1,032,232 and the increase in revenues is $301,264. The revised net budgeted shorKall is $1,020,143, which is expected to bring unassigned General Fund fund balance down to $2,830,083. A8er expected funding of reserves at fiscal year end in the es+mated amount of $156,230 for the con+ngency reserve and 481,640 for the capital projects reserve, the unassigned fund balance is expected to be about $2,192,213 at the close of opera+ons for this fiscal year.

The General Fund Legal Services adopted expenditure budget for this fiscal year was $641,800 and is currently unchanged since adop+on in June. So far this year, $422,206 has been expended. The requested amendment is for an increase of $320,000, which will bring the budget to $962,000.

Special Revenue Fund appropria+on amendments total $461,700, which is comprised of an increase in expenditures of $2,073,683 and an increase in revenues of $1,611,983. The revised net loss is $1,095,757 and estimated ending fund balances for City funds is $12,218,535.

Capital Projects Fund appropria+on amendments total ($1,460,410), which is comprised of an increase in expenditures of $1,644,650 and an increase in revenues of $3,105,060. The revised net loss is $2,567,565 and estimated ending fund balances for City funds is $5,811,231.

Debt Service Fund appropria+on amendments total $350, which is comprised of an increase in expenditures of $36,981 and an increase in revenues of $36,631. The revised net income is $0 and estimated ending fund balances for City funds is $64,597.

Water Enterprise Fund appropria+on amendments total $2,073,292, which is comprised of an increase in expenditures of $1,906,537 and a decrease in revenues of $166,756. The revised net loss is $4,587,991 and es+mated ending net posi+on for City funds is $35,599,133. The unrestricted net position is expected to be $9,079,778 or more, due to the fact that this does not include capital asset changes and other long-term income statement items. While deprecia+on is budgeted, it is not included in the unrestricted net position here since it impacts Net Investment in Capital Assets.

Wastewater Enterprise Fund appropria+on amendments total $234,881, which is comprised of an increase in expenditures of $1,124,547 and an increase in revenues of $889,666. The revised net loss is $4,857,962 and es+mated ending net posi+on for City funds is $26,773,205. The unrestricted net position is expected to be $7,524,718 or more, due to the fact that this does not include capital asset changes and other long-term income statement items. While deprecia+on is budgeted, it is not included in the unrestricted net position here since it impacts Net Investment in Capital Assets. 171
Recycled Water Enterprise Fund appropria+on amendments total $28,146, which is comprised of an increase in expenditures of $286,008 and an increase in revenues of $257,862. The revised net loss is $96,746 and es+mated ending net posi+on for City funds is nega+ve $969,179. The unrestricted net posi+on is expected to be nega+ve $5,489,928 or more posi+ve, due to the fact that this does not include capital asset changes and other long-term income statement items. While deprecia+on is budgeted, it is not included in the unrestricted net posi+on here since it impacts Net Investment in Capital Assets.

Internal Service Fund appropria+on amendments total $67,108, which is comprised of an increase in expenditures of $77,988 and an increase in revenues of $10,880. The revised net loss is $428,348 and es+mated ending net posi+on for City funds is $527,259. The unrestricted net posi+on is expected to be $80,168 or more posi+ve, due to the fact that this does not include capital asset changes and other long-term income statement items. While deprecia+on is budgeted, it is not included in the unrestricted net position here since it impacts Net Investment in Capital Assets.

ENVIRONMENTAL REVIEW
Not applicable.

ATTACHMENTS:

1. Resolution - Mid-Year Budget Amendment

2. FY 2021-22 Mid-Year Budget Adjustments Worksheet
172
RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING MID-YEAR BUDGET AMENDMENTS TO THE FISCAL YEAR 2021-22 BUDGET
WHEREAS, the City Council reviewed the Fiscal Year 2021-22 Budget versus actual revenue and expenditure reports through February 3, 2021; and
WHEREAS, staff also reviewed the General Fund and discussed variances and general operations and noted that the City’s revenues are not expected to exceed the estimated budget by the end of the fiscal year and that overall expenditures are expected to be in line with staff reporting of expectations during the presentation of the Fiscal Year 2020-21 Annual Comprehensive Financial Report on January 18, 2022; and
WHEREAS, there are some recommended changes to revenue and expense budgets that result from unforeseen or unanticipated events when the Fiscal Year 2021-22 Budget was adopted by the City Council on June 1, 2021 and require amendments to the budget as stated in Exhibit A, attached hereto and made a part thereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby resolves to approve the budget amendments attached hereto as Exhibit A.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _____________________________________ Taresa Guilfuss, City Clerk William D. Ross, City Attorney 173
Revenues Expenditures Revenues Expenditures Revenues Expenditures Revenues Expenditures Net Income Fund Fund Description Adopted Adopted Amended-To-Date Amended-To-Date Mid-Year Adjustment Mid-Year Adjustment Revised Amended Revised Amended Revised Expected 100 100 GENERAL FUND 22,477,050.00 22,559,250.00 22,477,050.00 22,602,224.88 (79,173.00) 1,032,232.18 22,397,877.00 23,634,457.06 (1,236,580.06) 105 105 DEVELOPER PROJECTS 491,000.00 405,000.00 741,000.00 905,000.00 380,437.25 - 1,121,437.25 905,000.00 216,437.25 210 210 STORM DRAIN/MEASURE A 55,300.00 525,000.00 55,300.00 525,000.00 34,349.00 770,000.00 89,649.00 1,295,000.00 (1,205,351.00) 211 211 MEASURE T 1,504,300.00 1,223,700.00 1,504,300.00 1,223,700.00 (326,875.00) 676,546.00 1,177,425.00 1,900,246.00 (722,821.00) 212 212 GAS TAX/ROAD MAINTENANCE 518,765.00 706,700.00 518,765.00 706,700.00 13,983.00 127,000.00 532,748.00 833,700.00 (300,952.00) 213 213 GAS TAX RMRA 407,800.00 445,000.00 407,800.00 445,000.00 25,483.00 (220,000.00) 433,283.00 225,000.00 208,283.00 215 215 CALHOME PROGRAM 660,000.00 660,000.00 660,000.00 660,000.00 14.00 - 660,014.00 660,000.00 14.00 216 216 CDBG - REHAB LOAN PROGRAM 1,200.00 - 1,200.00 - 3,193.00 - 4,393.00 - 4,393.00 217 217 HOME PROGRAM 750,000.00 750,000.00 750,000.00 750,000.00 (681,442.00) - 68,558.00 750,000.00 (681,442.00) 218 218 STATE SUPP LAW ENF (COPS) 140,700.00 140,000.00 140,700.00 140,000.00 82,658.00 83,346.00 223,358.00 223,346.00 12.00 220 220 BEGIN PROGRAM 68,000.00 96,000.00 68,000.00 96,000.00 (34,000.00) - 34,000.00 96,000.00 (62,000.00) 222 222 SAFE ROUTE TO SCHOOL GRANT - - - - - - - - -
226 226 TFCA GRANT - - - - - - - - -
230 230 STATE GRANTS 5,556,450.00 5,556,450.00 5,556,450.00 5,556,450.00 - 704,679.00 5,556,450.00 6,261,129.00 (704,679.00) 240 240 FEDERAL GRANTS 1,947,925.00 1,947,925.00 4,396,953.00 1,947,925.00 2,449,028.00 - 6,845,981.00 1,947,925.00 4,898,056.00 242 242 FARMERS MARKET - - - - - - - - -
252 252 NEWELL OPEN SPACE PRESERVE 6,300.00 10,600.00 6,300.00 10,600.00 783.00 - 7,083.00 10,600.00 (3,517.00) 254 254 LAVIGNE OPEN SPACE MAINTEN 1,400.00 8,000.00 1,400.00 8,000.00 (967.00) - 433.00 8,000.00 (7,567.00) 261 261 LLAD Zone 1, LaVigne 186,400.00 158,000.00 186,400.00 158,000.00 9,209.00 (685.00) 195,609.00 157,315.00 38,294.00 262 262 LLAD Zone 2, Vintage Ranch 260,300.00 225,400.00 260,300.00 225,400.00 25,490.00 34,147.00 285,790.00 259,547.00 26,243.00 263 263 LLAD Zone 3, Napa Junction 165,600.00 72,200.00 165,600.00 72,200.00 19,606.00 - 185,206.00 72,200.00 113,006.00 270 270 ZERO WATER FOOTPRINT - - - - - - - - -
275 275 GP UPDATE FEE FUND 14,800.00 54,800.00 14,800.00 54,800.00 (13,797.00) - 1,003.00 54,800.00 (53,797.00) 280 280 CANNABIS FUND 5,000.00 2,000.00 5,000.00 8,900.00 - - 5,000.00 8,900.00 (3,900.00) 281 281 COMM FACILITIES DIST FUND 5,056,700.00 7,801,350.00 5,056,700.00 7,801,350.00 4,238.00 (101,350.00) 5,060,938.00 7,700,000.00 (2,639,062.00) 282 282 LEGAL SETTLEMENT - - - - 1,030.00 - 1,030.00 - 1,030.00 310 310 PARKS IMPACT FEE FUND 23,300.00 294,900.00 23,300.00 294,900.00 (5,485.00) 30,000.00 17,815.00 324,900.00 (307,085.00) 320 320 TRAFFIC IMPACT FEE FUND 305,100.00 2,075,775.00 305,100.00 2,075,775.00 926,325.00 195,882.00 1,231,425.00 2,271,657.00 (1,040,232.00) 330 330 CIVIC IMPACT FEE FUND 188,600.00 - 188,600.00 - (164,398.00) - 24,202.00 - 24,202.00 340 340 AFFORDABLE HOUSING 430,600.00 138,300.00 430,600.00 138,300.00 (379,738.00) (8,300.00) 50,862.00 130,000.00 (79,138.00) 350 350 CAPITAL PROJECTS 17,367,300.00 19,250,600.00 17,367,300.00 19,250,600.00 2,798,965.00 1,017,068.00 20,166,265.00 20,267,668.00 (101,403.00) 360 360 AMCAN RD E ASSMT DIST 400.00 314,900.00 400.00 314,900.00 (293.00) - 107.00 314,900.00 (314,793.00) 370 370 ZERO WATER FOOTPRINT 158,700.00 427,500.00 158,700.00 427,500.00 (70,707.00) 250,000.00 87,993.00 677,500.00 (589,507.00) 380 380 UTILITY UNDERGROUND FUND - - - - 391.00 160,000.00 391.00 160,000.00 (159,609.00) 410 410 2012 LEASE REV DEBT SVC 350.00 - 350.00 - (350.00) - - - - 420 420 CABERNET VILLAGE LSE DS 98,400.00 98,400.00 98,400.00 98,400.00 (165.00) (165.00) 98,235.00 98,235.00 - 430 430 BROADWAY PROP DEBT SVC - - - - - - - - -
440 440 ENGIE EQUIP/LEASE DEBT SVC - - - - 37,146.00 37,146.00 37,146.00 37,146.00 - 510 510 WATER OPERATIONS 8,625,100.00 12,241,800.00 8,625,100.00 12,241,800.00 75,261.00 418,593.50 8,700,361.00 12,660,393.50 (3,960,032.50) 515 515 WTR DEBT SERVICE FUND - - - - 89,643.00 89,643.00 89,643.00 89,643.00 - 520 520 WATER CAPACITY FEE FUND 1,285,200.00 183,200.00 1,285,200.00 183,200.00 (330,660.00) 1,399,300.00 954,540.00 1,582,500.00 (627,960.00) 530 530 WATER CIP 1,381,000.00 1,381,000.00 1,381,000.00 1,381,000.00 (1,000.00) (1,000.00) 1,380,000.00 1,380,000.00 - 540 540 WASTEWATER OPERATIONS 4,670,000.00 10,173,681.00 4,670,000.00 10,173,681.00 60,567.00 (390,695.00) 4,730,567.00 9,782,986.00 (5,052,419.00) 545 545 WW DEBT SERVICE FUND 678,631.00 407,331.08 678,631.00 407,331.08 (147,975.00) (346,294.08) 530,656.00 61,037.00 469,619.00 550 550 WASTEWATER CAPACITY FEE 579,200.00 47,200.00 579,200.00 47,200.00 (50,424.00) 200,000.00 528,776.00 247,200.00 281,576.00 560 560 WW CIP 1,500,000.00 1,500,000.00 1,500,000.00 1,500,000.00 1,028,854.00 1,661,536.00 2,528,854.00 3,161,536.00 (632,682.00) 570 570 WW CAPITAL RESERVE 77,300.00 - 77,300.00 - (1,356.00) - 75,944.00 - 75,944.00 580 580 RECYCLED WATER FUND 122,700.00 191,300.00 122,700.00 191,300.00 7,862.00 36,008.00 130,562.00 227,308.00 (96,746.00) 585 585 RECYCLED WTR CAPACITY FEE - - - - - - - - -
590 590 RECYCLED WATER CIP 570,400.00 570,400.00 570,400.00 570,400.00 250,000.00 250,000.00 820,400.00 820,400.00 - Attachment 1 - Exhibit A
1 174
Revenues Expenditures Revenues Expenditures Revenues Expenditures Revenues Expenditures Net Income Fund Fund Description Adopted Adopted Amended-To-Date Amended-To-Date Mid-Year Adjustment Mid-Year Adjustment Revised Amended Revised Amended Revised Expected 601 601 LAVIGNE SAD REASSMT REV BO - - - - - - - - -
602 602 AMCAN RD E INF REV BOND - - - - - - - - -
603 603 COMM FACILITIES DISTRICT - 5,000,000.00 - 5,000,000.00 - - - 5,000,000.00 (5,000,000.00) 610 610 TOURISM IMPROVEMENT DIST 229,900.00 204,000.00 229,900.00 204,000.00 (229,900.00) (204,000.00) - - - 651 651 ISF - BLDG MAINTENANCE 593,300.00 678,800.00 593,300.00 678,800.00 337.00 (9,808.00) 593,637.00 668,992.00 (75,355.00) 652 652 ISF - FLEET 889,800.00 1,093,200.00 889,800.00 1,093,200.00 11,094.00 (9,124.00) 900,894.00 1,084,076.00 (183,182.00) 653 653 ISF - INFO TECHNOLOGY 615,400.00 627,540.00 615,400.00 687,540.00 (551.00) 96,920.00 614,849.00 784,460.00 (169,611.00) 654 654 ISF - LEGAL SERVICES 184,800.00 185,000.00 184,800.00 185,000.00 - - 184,800.00 185,000.00 (200.00) TOTAL 80,850,471.00 100,432,202.08 83,549,499.00 101,042,076.96 5,816,690.25 7,978,625.60 89,366,189.25 109,020,702.56 (19,654,513.31) Attachment 1 - Exhibit A
2 175

CITY COUNCIL AGENDA
FEBRUARY 15, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 18.

TITLE
"NO on Initiative 21-0042A1" Coalition

RECOMMENDATION
Adopt a Resolu'on opposing Ini'a've 21-0042A1, joining American Canyon to the NO on Ini'a've 21-0042A1 coali'on, and direc'ng staff to email a copy of this adopted resolu'on to the League of California Cities at [email protected].

CONTACT
Jason Holley, City Manager

BACKGROUND & ANALYSIS
In 2018, the “Tax Fairness, Transparency and Accountability Act” or AG# 17-0050 Amdt. #1, was being circulated to qualify for the November 2018 ballot. This ini'a've would have dras'cally limited local revenue authority.

Through the successful work and advocacy of the League of California Ci'es and its coali'on, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protec'on and Government Accountability Act or AG# 21-0042A1. This measure is far more detrimental to ci'es than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Ci'es, along with a broad coali'on of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

SUMMARY
The Taxpayer Protec'on and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

WHAT WOULD THIS MEASURE SPECIFICALLY DO?
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1) Limit voter authority and accountability
Limits voter input. Prohibits local voters from providing direc'on on how local tax dollars should be spent by prohibiting local advisory measures.

Invalidates the Upland decision that allows a majority of local voters to pass special taxes.

Taxes proposed by the Ini'a've are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
2) Restrict local fee authority to provide local services Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, u'li'es, gas companies, railroads, garbage companies, cable companies, and other corpora'ons pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.” Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
3) Restrict authority of state and local governments to issue fines and penal5es for viola5ons of law
Requires voter approval of fines, penal'es, and levies for corpora'ons and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services Requires voter approval to expand exis'ng taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).

City charters may not be amended to include a tax or fee.

New taxes can be imposed only for a specific time period.

Taxes adopted aEer Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.

All state taxes require majority voter approval.

Prohibits any surcharge on property tax rate and allocation of property tax to state. 5) Other changes
No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.
177

FISCAL IMPACT
There is no fiscal impact to joining the coalition.

ENVIRONMENTAL REVIEW
None
ATTACHMENTS:

1. Resolution - No on 21-0042A1 Initiative

2. CBRT Measure Opposition Fact Sheet

3. CBRT Fiscal Analysis

4. Legal Analysis

5. Initiative 21-0042A1
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RESOLUTION NO. 2022- ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON OPPOSING INITIATIVE 21-0042A1 AND JOINING THE NO ON INITIATIVE 21-0042A1 COALITION WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of American Canyon opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of American Canyon will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state. We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of February 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
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2 ATTEST:
_______________________________ _______________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 180
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.
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Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent. 182
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Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
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 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices. 184
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voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. 185
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local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
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The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. 187
Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy. 188
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk
189
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 190
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 191
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 192
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 193
.lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 194
(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 195
as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 196
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 197
declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
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David Oro - City Council Member Committee Report
Committee Name: Arts Committee Meeting
Meeting Date: February 4, 2022
Topics of Discussion:

Continued the discussions around Wetlands Sculpture Art installation that is being sponsored by the American Canyon Community Parks Foundation. City staff, the arts committee and AACPF provided feedback on the designs of the art. The City committed to providing as much in-kind help as possible. ACCPF is going back to the artist with our collective feedback. Hoping to have it installed this year.

Community Events and Other Activities
American Canyon Community Parks Foundation - Heart Your Parks Kickoff Meeting Date: February 5, 2022
Heart Your Parks was a blast with 200 people attending. Got to talk to a lot of folks and my kids painted hearts.
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CITY COUNCIL COMMITTEE REPORT
1/27/2022 Page 1 of 1
Meeting Date: February 15, 2022 Submitted By: Mark Joseph, Council member Committee Name: Public Art Subcommittee
The Subcommittee met with representatives from ACCPF and staff, to discuss the logistics and levels of City support for installing an art piece at the Wetlands Edge Park. The good news is that everyone is on board with moving forward, and there do not appear to be any insurmountable issues. The bad news is, we haven’t agreed on the specific option of the three variations that have been presented to the Committee!! However, this should be something that can be worked out, one way or the other. Hopefully, we are also developing a process to follow for future installations.

Committee Name: Climate Change Ad Hoc Committee
Council member Washington and I met with the stakeholders and reviewed the status of our efforts. We also discussed next steps: inviting experts to assist us on how to craft specific action plans, developing an outline to fill in as we go along, the data we will need to collect and monitor, and the need to develop events that help to educate and assist our community to follow through on individual actions. To that end, we would love to work with the group organizing this year’s Earth Day events.

Committee Name: City Events and Activities
Council member Washington and I, along with our counterparts and staff, met at the old Napa Junction elementary school and toured the site. Very illuminating. Also represented the Kiwanis Club at the City’s Community Events Committee, and met the new Director, Allie Ikeda. Also attended the Chamber’s Business and Economic Development Committee, and reviewed prospective businesses, and how the committee can assist our existing business community.

Committee Name: One-on-One Meetings
Met with Supervisor Ramos and discussed various issues, from climate change to Urban Limit Lines.

Good chance to catch up. Also met with Joelle Gallagher, who was a fellow Leadership Napa Valley Class 14. Discussed her upcoming campaign to replace Brad Wagenknecht.

Committee Name: Community Events and Activities
Attended the Arts Foundation’s Annual Membership Dinner Meeting and heard from ACHS Arts Instructors on how ACAF and the School can work together. Also, we will be pursuing a grant to help promote more Arts and Culture events in American Canyon. Attended the Kiwanis’ Board meeting and worked on the upcoming Crab Feed. Zoomed in on the Napa Working Families Coalition and heard a good discussion about the upcoming Mayacamas Charter School appeal.

Attended the Parks Foundation’s Heart Our Parks kickoff meeting at Shenandoah Park. 200

American Canyon City CouncilFebruary 15, 2022

American Canyon City Council
February 15, 2022