REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
March 1, 2022
6:30 PM
AMENDED AGENDA
This agenda has been amended to include Consent Item 8.
Consistent with Government Code Secon 54953 and the American Canyon City Council Resoluon Declaring the Existence of a Local Emergency due to the COVID-19 Pandemic, City Council and other public meengs are currently Teleconference Meengs Only to align with local and federal guidelines and social distancing recommendaons for the containment of the coronavirus. This meeng 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$ng, use the Register to Speak feature of eComments or connect via below Zoom link and follow the instructions or by calling 408-638-0968.
Zoom Meeting Link: Click here
Webinar ID: 841 4701 1779 Passcode: 060300
The above-iden$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 MARCH 1, 2022
1 PUBLIC ADDRESS – CLOSED SESSION 5:30 P.M.
The Mayor will call the meeng to order and conduct role call. Council will immediately convene into Closed Session a1er 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.
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
2. Proclamation Recognizing March, 2022 as American Red Cross Month
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 ma7er jurisdicon 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 acon on ma7ers 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 distribuon to the City Council must be emailed by 3:00 p.m. on meeng day. To comment via zoom during the meeng: click the “raise your hand” bu7on 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 Public may request discussion of a Consent Item by making that request during Public Comment.
CONSENT CALENDAR
3. Minutes of Regular City Council Meeting - February 15, 2022 Recommendation: Approve the minutes of the Regular City Council mee$ng of February 15, CITY COUNCIL MEETING AGENDA MARCH 1, 2022
2 2022
4. City Attorney February 15, 2022 Closed Session Report Recommendation: Approve the City A/orney Closed Session Report for the mee$ng of February 15, 2022.
5. Water Pump Purchase for Water Reclamation Facility
Recommendation: Adopt a Resolu$on approving the purchase of a reclaimed water ver$cal turbine pump for the Water Reclamation Facility in the amount not to exceed of $75,000.
6. Green Island Road Special Tax and Bond Accountability Act Recommendation: Receive and file the Fiscal Year 2020-21 Green Island Road Community Facilities District Local Agency Special Tax and Bond Accountability Act required disclosures.
7. Alternate Intake Project Resolutions of Support
Recommendation: Adopt a Resolu$on in Support of proposed North Bay Aqueduct Alternate Intake Project (Also Known As "Water+").
8. Watson Ranch Lot 10 Final Maps & Subdivision Improvement Agreements Recommendation: Adopt a Resolu$on taking the following ac$ons in conjunc$on with the Watson Ranch Lot 10 Project:
Approving two Final Maps to subdivide the proper$es (Assessor’s Parcel Numbers 059-430-015 and 059-430-016) to create 219 house lots and 6 parcels (through two phases, Phase 1 and Phase 2); and
Approving two Subdivision Improvement Agreements for Phase 1 and Phase 2 pending City approval of the Improvement Plans.
PUBLIC HEARINGS
9. 2021 Calendar Year Housing Element Progress Report
Recommendation: Receive and file annual 2021 Calendar Year Housing Element Progress Report
10. Laborers International Union of North America, Local 324 (LIUNA) Appeal Recommendation: Con$nue the Laborers Interna$onal Union of North America, Local 324 (LIUNA) Appeal of the Planning Commission approval of the SDG Commerce 217 Warehouse Distribution Center Conditional Use Permit for 6 months to September 6, 2022.
BUSINESS
11. 6th Cycle Housing Element Update Presentation
Recommendation: Receive and file 6th Cycle Housing Element Update Presentation.
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS The Mayor and Council may comment on ma7ers of public concern and announce ma7ers of public interest; no CITY COUNCIL MEETING AGENDA MARCH 1, 2022
3 collective council action will be taken.
Anticipated Future Council Items of Note:
March 15, 2022
Acknowledging Ramadan Month (April)
ARPA Funding Appropriations
Home 2 Suites - Reimbursement Agreement
Fiscal Year 2022/2023 Budget Workshop
April 5, 2022
April Earthquake Preparedness Month
April Arts Month
Annual Police Report
Annual Communications Report
12. City Council Committee Report - Pierre Washington
13. City Council Committee Report - 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 MARCH 1, 2022
4 CITY OF AMERICAN CANYON
PROCLAMATION
RECOGNIZING MARCH 2022
AS AMERICAN RED CROSS MONTH
WHEREAS, in times of crisis, people in the City of American Canyon come together to care for one another. This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors; and
WHEREAS, in 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in the American Canyon, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially or learn vital life-preserving skills through the Red Cross; and
WHEREAS, in American Canyon, the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by local disasters like home fires, donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid; and WHEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community.
NOW, THEREFORE, BE IT RESOLVED, that I, Leon Garcia, Mayor on behalf of the American Canyon City Council, do hereby proclaim, March 2022 as American Red Cross Month and encourage all citizens of American Canyon to reach out and support its humanitarian mission.
Dated: March 1, 2022 ______________________________
Leon Garcia, Mayor
5 CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
February 15, 2022
AMENDED AGENDA
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
1. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9 (d)(2). Two Matters.
Action: There was reportable action. A written report will be provided.
2. 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).
Action: There was reportable action. A written report will be provided. b. City of American Canyon v. GSM Landscape Architects, Inc. (Napa County Superior Court Case No. 18CV001027).
Action: There was reportable action. A written report will be provided. 6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER
The meeting was called to order at 6:37 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 Garcia. 6 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 William Ross provided an oral report on Closed Session. Closed Session commenced at 5:33 p.m. Closed Session adjourned at 6:29 p.m. A written report will be provided.
PROCLAMATIONS AND PRESENTATIONS
There were no proclamations or presentations.
PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia opened Public Comments. Written comments: Chris James, Russel Moulder, Michelle Leightly, Rose Maldonado, Rose Negrete, Tammy James. Oral comments: Humberto Rodriguez was called to speak; Tammy Wong was called to speak; Justin Hamilton Hole was called to speak; Chris James was called to speak; Rose Maldonado was called to speak; Beth Marcus was called to speak; Russel Moulder was called to speak; Karen Fritz was called to speak. Mayor Garcia closed Public Comments.
AGENDA CHANGES
There were no agenda changes.
CONSENT CALENDAR
Action: Motion to adopt Consent Calendar made by Councilmember David Oro,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
3. Minutes of Regular City Council Meeting - January 18, 2022 Action: Approved the minutes of the Regular City Council meeting of January 18, 2022.
4. Minutes of Regular City Council Meeting - February 1, 2022 Action: Approved the minutes from the Regular City Council Meeting of February 1, 2022.
5. City Attorney February 1, 2022, Closed Session Report Action: Approved the City Attorney Closed Session Report for the meeting of February 1, 2022. 7 6. Continued Use of Remote Teleconference for Meetings Action: Adopted Resolution 2022-08 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 - March 17, 2022 pursuant to the Ralph M. Brown Act.
7. Amendment #3 to Agreement 2016-A177 with Questa Engineering Corporation Action: Adopted Resolution 2022-09 authorizing the City Manager to execute Amendment #3 (Agreement 2022-16) to Agreement 2016-A117 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).
8. North Bay Agency Chemical Pool Adjustment
Action: Adopted Resolution 2022-10 authorizing an adjustment of purchase of chemicals for the Water Treatment Plant for FY 2021/22.
9. Police Vehicles Outfitting and Teardown
Action: Adopted Resolution 2022-11 authorizing the outfitting 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 Action: Adopted Resolution 2022-12 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) Action: Adopted Resolution 2022-13 authorizing the City Manager to execute Amendment #1 (Agreement 2022-17) 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).
12. Award Agreement for Wetlands Restoration Plan PR20-0300 Action: Adopted Resolution 2022-14 authorizing the City Manager to enter into an agreement (Agreement 2022-18) 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
Action: Received and filed the City and Fire District Treasurer's Report for the quarter ended December 31, 2021.
8 14. Syar Warranty Agreement
Action: Adopted Resolution 2022-15 authorizing the City Manager to execute an extended warranty agreement (Agreement 2022-19) 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 Action: Adopted Resolution 2022-16 approving the Final Map to subdivide Watson Ranch Lots 14-15 (Assessor’s Parcel Numbers 059-430-027, 059-430-029 and 059-430-035) to create 98 lots and one parcel; and approving a Subdivision Improvement Agreement (Agreement 2022-20).
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS
16. Senior Multi-Use Center Name Change
Council received a staff report from Parks & Recreation Director Alexandra Ikeda with Recreation Supervisor Alana Behn and citizens Kristin Einberger and Fran Lemos. Mayor Garcia opened Public Comments. Written comments: none. Oral comments: Beth Marcus was called to speak. Mayor Garcia closed Public Comments.
Action: Motion to adopt Resolution 2022-17 renaming the City's Senior Multi-Use Center to the Adult Activity Center made by Councilmember David Oro, 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
17. Mid-Year Budget Adjustment for Fiscal Year 2021-22
Council received a staff report from Finance Director Lincoln Bogard. Mayor Garcia opened Public Comments. Written comments: none. Oral comments: Beth Marcus was called to speak. Mayor Garcia closed Public Comments.
Action: Motion to adopt Resolution 2022-18 of the City Council of the City of American Canyon approving Mid-Year Budget Amendments to the Fiscal Year 2021-22 Budget made by Councilmember Joseph, seconded by Councilmember Washington and CARRIED by a roll call vote.
9 Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None
Absent: None
18. "NO on Initiative 21-0042A1" Coalition
Council received a staff report from City Manager Jason Holley. Mayor Garcia opened Public Comments. Written comments: none. Oral comments: none. Mayor Garcia closed Public Comments.
Action: Motion to adopt Resolution 2022-19 opposing Initiative 21-0042A1, joining American Canyon to the NO on Initiative 21-0042A1 coalition, and directing staff to email a copy of this adopted resolution to the League of California Cities at [email protected]. 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
MANAGEMENT AND STAFF ORAL REPORTS
Finance Director Lincoln Bogard reported that our Transparency Portal is now live on our website and a tutorial will be coming soon. We will add a direct button from the home page to the portal.
Communications Manager Jen Kansanback announced the State of the City presentation will be on February 23, 2022, and the National Research Center's Community Survey is out to the citizens that were randomly selected. Survey results will be shared.
Parks & Recreation Director Alexandra Ikeda announced March 3, 2022 will be Get this info from Allie. February is Heart your Parks Month, self-paced get from video
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS
Mayor and Councilmembers commented on their written reports and items of community interest.
Future agenda items:
Councilmember Washington volunteered to meet with the citizens concerned for feral cats around town.
10 Councilmember Joseph requested management reports/updates from Code enforcement regarding parking issues and the building issues in the Waterton area, and a management report on police policy regarding high-speed chases.
Councilmember Aboudamous requested a report regarding Village at Vintage Ranch parking.
Action: Motion to add the Urban Limit Line to a future agenda 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
19. City Council Committee Report - Councilmember David Oro Action: Received and filed report.
20. City Council Committee Report - Councilmember Mark Joseph Action: Received and filed report.
ADJOURNMENT
The meeting was adjourned at 8:34 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
11 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 16, 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 15, 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 15, 2022 Regular Council Meeting, consistent with Government Code Section 54957.1.
After convening in Open Session at 5:33 p.m. and ascertaining that there were no public comments on the agendized Closed Session matters, your Council adjourned to Closed Session at 5:33 p.m.
There were two matters agendized for City Closed Session consideration.
1. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)
Two Matters
2. 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. City of American Canyon v. GSM Landscape Architects, Inc. (Napa County Superior Court Case No. 18CV001027)
12 The Honorable Leon Garcia, Mayor
and Members of the City Council
February 16, 2022
With respect to the first matter considered under Closed Session Agenda Item No. 1., there was reportable action in that in association with the 7th Amendment to the Tolling Agreement between the County of Napa (“County”), the Napa County Airport Land Use Commission (“ALUC”), the City of American Canyon (“City”) and R.H. Development Company (the “Applicant”) it was agreed by unanimous Council action (5-0) to support a Text Amendment proposed by legal representatives of the County, the ALUC, the City and the Applicant to the Airport Land Use Commission Compatibility Plan before the ALUC at its meeting of April 6, 2022 and that the County release and an indemnify the City and the Applicant of all claims associated with the 7th Amendment to the Tolling Agreement by the County against the City and the Applicant. 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. 1., involving issues associated with the Napa Valley Unified School District (“NVUSD”), there was no reportable action except to acknowledge receipt of an Offer Letter and Appraisal of the Right-ofWay needed from NVUSD for access to the Oat Hill Project from the Applicant. 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 Closed Session Agenda Item No. 2.a, Existing Litigation, City of American Canyon v. Pamela Smith, et al., Napa County Superior Court Case No. 22CV000041, there was reportable action by unanimous action of Council (5-0) to authorize the offer of Somach, Simmons & Dunn (“Somach”) of a demand letter on behalf of the City to further implement water obligations of the City of Vallejo with respect to implementation of the Watson Ranch Specific Plan Project and to fulfill contractual water obligations to the City and the developers of the Watson Ranch Specific Plan Project. Except as indicated, there was no other reportable action on this matter consistent with the attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).
With respect to Closed Session Agenda Item No. 2.b., Existing Litigation, City of American Canyon v. GSM Landscape Architects, Inc., Napa County Superior Court Case No. 18CV001027, there was reportable action in the form of unanimous Council direction (5-0) to authorize a Budget transfer from the Budget Settlement Fund for the payment of legal fees incurred on behalf of the City in the amount of $61,600.79 to the Law Firm of Rutan & Tucker for legal services to the City in achieving a $422,500.00 settlement on behalf of the City in the referenced litigation. Except as indicated, there was no other reportable action on this matter consistent with the attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).
The Closed Session concluded at 6:29 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 13 The Honorable Leon Garcia, Mayor
and Members of the City Council
February 16, 2022
next Regular or Special City Council Meeting.
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
Michael Durkee, Special Counsel
David Lanferman, Esq, Rutan & Tucker LLP
14 CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
CONSENT
ITEM NUMBER: 5.
TITLE
Water Pump Purchase for Water Reclamation Facility
RECOMMENDATION
Adopt a Resolu*on approving the purchase of a reclaimed water ver*cal turbine pump for the Water Reclamation Facility in the amount not to exceed of $75,000.
CONTACT
Felix Hernandez, III, Maintenance and Utilities Director Jay Atkinson, Water Reclamation Operations Manager
Nolan Garcia, Operator III
BACKGROUND & ANALYSIS
The Water Reclama*on Facility (WRF) delivers Title 22 recycled water, purple pipe, throughout the City. The WRF pumping sta*on has three 50hp, eight stage pumps, two duty and one standby. Two of the three pumps have been in service since 2002, while the third pump was installed during facility upgrades in 2015 mee*ng recycle water demands. One of the original pumps has met its "end of life cycle" meaning loss in pumping output. Ryan Process had a higher bid (a:achment 3) and Flo-way pumps was non responsive. The new pump and motor will increase pumping efficiency and meet future higher recycle water flow demands. l;;
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
There are sufficient funds appropriated for FY 2021/22 in the Repair and Maintenance Fund in budget line item 540-50-570-42310 to cover this expenditure. The Reclaimed Water Ver*cal Turbine Pump Replacement as shown in attachment 2 in the amount not to exceed $75,000.
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 15 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. Resolution - Recycled Water Pump
2. R.F. MacDonald-VTP Reclaim Water Pump Replacement
3. Ryan Process Quote
16 RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON
AUTHORIZING THE PURCHASE OF A RECLAIMED WATER VERTICAL TURBINE PUMP FOR THE WATER RECLAMATION FACILITY IN THE AMOUNT NOT TO EXCEED $75,000 WHEREAS, the City’s Water Reclamation Facility delivers recycle water throughout the city; and WHEREAS, With the purchase and replacement of the Reclaimed Water Vertical Turbine Pump Staff will be able to meet current and future reclaimed water needs; and WHEREAS, The FY 21/22 fiscal budget includes funds for the purchase in accounts 540-50-470-42310 Repairs and Maintenance in the amount not to exceed $75,000.
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 Reclaimed Water Pump in the amount not to exceed $75,000.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 1ST day of March, 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 17 Date: Tuesday, November 23, 2021
Provided City of American Canyon Requested By: Nolan Garcia For: 151 Mezzetta Court Phone : (707) 647-5325
American Canyon Fax :
CA Email : [email protected]
94503-9604
R.F. MacDonald Company Prepared By Shane Hardesty
Sonoma/Napa Office Direct Line 707-586-9234
642 Martin Avenue, Ste B Fax Number 707-586-9289
Rohnert Park, CA 94928 Email Address [email protected] Service: Flow: Specific Gravity:
Liquid/pH: Head: Viscosity:
Suction Pr: NPSHA: Temperature:
Qty. Lead Time Net Each Price
1 Est. Order Submit. $53,166.15 $53,166.15
5-7 Weeks
ARO
Est. Shipping
18-20 Weeks
After Order Subm.
Total ETA
23-27 Weeks
ARO
1 $67,970.00 $67,970.00
Total: TBD
additions
R.F. MacDonald Co. services what it sells with (9) offices conveniently located service facilities located throughout California and Nevada.
Our central warehouse, located in Fresno, CA maintains over $ 1.0 million in pump and parts inventory.
QUO-126374-R2D8F2
VIT - Short Set Lineshaft Turbine Pumps
Bowl Assembly: 11CLC, 4 Stage
Description of Product Total Item Price
Wet pit/Open Sump Lineshaft Turbine:
Reclaim Vertical Turbine Pump Replacement
Quote Number :
ShipTerms: Ex Works. Freight and Sales Tax not included unless otherwise noted. *** Quotation Valid for 30 days unless otherwise noted *** Open Lineshaft, VIT-FFFM 11CLC, 4 Stages
Column Assembly: 6" x 1" Flanged W/L Column
not caused by RFM must be discussed as possible
Motor: GE, VSS 50.00 Hp 1770 RPM
Above Vertical Turbine Pump + Installation
S050C2A1GF-EVDG-100000000, Steady Bushing: No
Motor Coupling: N/A
required piping, alignment, and startup.
Price includes delivery with crane, new baseplate, any
Head Assembly: 8" x 16.50" FF W/L Head, 150# Flang
Any unforeseen delays or work outside of the scope
FRESNO ♦ HAYWARD ♦ MODESTO ♦ LAS VEGAS ♦ RENO ♦ ROHNERT PARK ♦ SAN DIEGO ♦ SANTA FE SPRINGS BOILERS • PUMPS • MECHANICAL SEALS • METERS • PARTS • SERVICE • SALES 18
SALE AND PAYMENT TERMS AND CONDITIONS
EXTENSION OF CREDIT
The following sets forth the sale and payment terms and condition policies of R.F. MacDonald Co. It constitutes the general agreement between R.F. MacDonald Co. (“R.F. MacDonald Co.”, the “Company” or “we”) and you, its customer, under which products, service and parts are sold, credit is extended and payments are expected.
QUO-126374-R2D8F2
R.F. MacDonald Co. makes no warranty express or implied of any kind. We make no claim of fitness or merchantability or any other warranty, express or implied, nor is anyone else, whether employed by R.F. MacDonald Co., or not, authorized to do so on our behalf. We specifically disclaim the warranty of merchantability and the warranty of fitness.
Credit is one of the most important services R.F. MacDonald Co. offers to you as a customer. An open line of credit is established for you based upon your needs, financial strength, and history of meeting your credit obligations.
In order to insure you the best possible prices and service, we must enforce a credit and collections policy based upon sound business principals and good judgment.
This policy will be applied to customers who permit their account to become delinquent. It is your responsibility to notify R.F.
MacDonald Co. of any extenuating circumstances that may affect your payment and work out a solution. Please know that our interest lies not in collecting a service charge, but in receiving timely payments of your invoice.
Warranty on Equipment and Material Provided by Manufacturer:
You will rely solely on the warranty provided by the manufacturer. Your sole and exclusive remedy for breach of warranty shall be as provided in the manufacturer’s standard warranty.
INVOICING AND PAYMENT TERMS
Payment Terms are 25% down payment, balance Net 30 (upon approval of credit) on all invoices unless other arrangements are made in advance of shipment. When opening a new account with an order, the Company may require payment with the initial order so as not to delay shipments while credit references and financial information are being reviewed. We reserve the right to suspend or terminate any further performance under this agreement or otherwise in the event payment is not made when due. Quotes are valid for 30 days. Equipment will not be started up unless 90% of the purchase price of the equipment has been paid.
Shipment Terms Unless otherwise specified in writing signed by an authorized representative of the Company, all shipments are Ex Works the manufacturer’s factory or R.F. MacDonald Co. warehouse as applicable. Title to the merchandise shall pass to the buyer upon delivery to the carrier and thereafter all risk of loss or damage shall be the buyer’s.
Service Charges We reserve the right to take action to collect any invoice which is not paid when due. We also assess a late payment SERVICE CHARGE on the day following the due date and monthly thereafter against all amounts remaining unpaid on each such date. Subject to any limitations that may be imposed by applicable law, the amount of this charge is 1½% of the amount remaining unpaid on each such date.
You will be invoiced in the regular manner for all materials and parts even though it may be an in-warranty transaction. Credit will be issued promptly on our receipt of proof of return, and, as long as the return is within the prescribed time limit and has been properly authorized. Please note that withholding payment of any invoice in anticipation of an in-warranty credit is not allowed with our terms of sale.
For any items or components proposed as a substitute to specified items, it is understood that seller makes no guarantee that the products submitted will be accepted by the approving authority.
In no event shall R.F. MacDonald Co. be liable to you or any person, corporation or other type of legal entity for any special, direct, indirect, incidental, liquidated or consequential damage of any kind, including but not limited to, loss of products, loss of time, loss of use, loss of production, loss of savings or revenues, cost of replacement goods, labor costs or other charges in connection with product use or malfunction, the repair or replacement of defective parts whether such claims are alleged in strict liability, negligence, tort, contract or otherwise and even if R.F. MacDonald Co. is informed in advance of the possibility of such damages.
FRESNO ♦ HAYWARD ♦ MODESTO ♦ LAS VEGAS ♦ RENO ♦ ROHNERT PARK ♦ SAN DIEGO ♦ SANTA FE SPRINGS BOILERS • PUMPS • MECHANICAL SEALS • METERS • PARTS • SERVICE • SALES 19 CLAIMS
R.F. MacDonald Co.
Shane Hardesty
642 Martin Avenue, Ste B
Rohnert Park, CA 94928
Telephone 707-586-9234
Fax 707-586-9289
Name/Title:__________________________________________________________ Date:_______________________________________________________________ If you are retaining the services of R.F. MacDonald Co.’s service department, R.F. MacDonald Co. warrants that labor performed will be free from defect for a period of one year from the completion of work. This limited warranty excludes remedy for damage or defect caused by accident, misuse, abuse, modifications not executed by R.F. MacDonald Co., improper or insufficient maintenance, or improper operation. Installation, operation, and maintenance shall be in accordance with the product manuals provided by the equipment manufacturer. R.F. MacDonald Co. shall be notified within ten (10) business days of first knowledge of defect by owner or its agent. R.F. MacDonald Co. shall be given first opportunity to make any repairs, replacements, or corrections to the defect within a reasonable period of time. R.F. MacDonald Co. makes no implied warranty of any kind. In no event shall R.F. MacDonald Co. be liable by virtue of this limited warranty or otherwise to you or any person, corporation or other type of legal entity for any special, indirect, incidental, liquidated or consequential damage of any kind.
You are responsible for inspecting merchandise on receipt and for filing claims with the carriers for damage or loss. All claims for shortages and damages must be made in writing to the carriers within ten (10) days of receipt. We suggest you call the carrier immediately upon noticing any possible freight related damage and arrange for inspection before proceeding with unpacking. Photographs taken while the delivery truck is still on sight are recommended if possible.
If it becomes necessary, at R.F. MacDonald Co.’s discretion, to take legal action in order to collect your account, R.F.
MacDonald Co. shall be entitled to recover, in addition to any other recovery, its court costs, reasonable attorney’s fees and all other collection expenses.
Please acknowledge below your receipt and agreement to the provisions of this policy statement. Please return the original to:
Acknowledged and Agreed To:__________________________________________ Company Name:______________________________________________________ If you have any questions regarding this policy, please contact our office.
Under no circumstances may you withhold payment or charge the Company for freight or warranty related claims.
No claim for expenses incurred for corrective work done on merchandise provided by the Company will be considered or accepted unless specifically agreed to in writing, in advance of the work being done, by an authorized manager of the Company.
Signature:___________________________________________________________ We appreciate your business and look forward to providing you with reliable equipment, parts and service.
APPLICABLE LAW: This agreement shall be governed by the substantive laws of the State of California
INFORMATION AND ASSISTANCE
If at any time you have a question on an invoice from the Company, a call or note to our accounting department will bring prompt action toward getting the problem resolved.
Limited Warranty on R.F. MacDonald Labor (If Applicable): QUO-126374-R2D8F2 FRESNO ♦ HAYWARD ♦ MODESTO ♦ LAS VEGAS ♦ RENO ♦ ROHNERT PARK ♦ SAN DIEGO ♦ SANTA FE SPRINGS BOILERS • PUMPS • MECHANICAL SEALS • METERS • PARTS • SERVICE • SALES 20 QUOTE TO:
NAME Contact:
EMAIL Contact:
PHONE#
ITEM # Qty. UNIT PRICE EXT PRICE
s/n 37722-1 1 $56,604.00 $56,604.00
OPTIONAL
$6,478.33 $6,478.33
EST. Lead Time: Subtotal $63,082.33
SPECIAL NOTES: EST. FRT. $1,455.00
Sales Tax: $4,386.81
TOTAL $68,924.14
LEAD TIME 16 WEEKS ARO
PRICING IS SUBJECT CHANGE THOUGHOUT THE YEAR
DESCRIPTION
PUMP INSTALLATION, THIS INCLUDES A CRANE TRUCK,
INSTALLATION, WIRING AND TESTING
F.O.B.
ADD $2500.00 FOR NON-WITNESS PERFORMANCE TEST IF
CUSTOMER WISHES
NOLAN GARCIA
Shipping Terms
FLOWAY MODEL 10DOL 8 STAGE PRODUCT LUBE PUMP
NOTE: Your shipment will be delivered by either common carrier, UPS or Federal Express. Before you or any agent representing your company signs for product at delivery - inspect the box, pallet,tank, etc., for any damages or missing items. Make sure you make note of damages, with locations of damage on delivery ticket, also note any missing items. Remember, you have the right to, and should, refuse delivery of damaged goods. Any, and all claims, at that point will need to be directed to the freight company making the delivery. Be sure to contact Ryan Process immediately at (925) 837-0670 to make us aware that there is a problem.
**Any credit card payments require a 5% handling fee. We accept Visa and Mastercard **All prices are in U.S. Dollars.
**UNLESS OTHERWISE STATED Freight and Sales Taxes not included in pricing. **Standard Ryan Process Terms: WE ARE A VERY SMALL BUSINESS NET 30 DAYS
AMERICAN CANYON PUMP INSTALLATIONS
Ship Via
TERMS 30 DAYS OF INV
SMALL BUSINESS STD FOB Factory UPS TO BE DETERMINED
[email protected]
RPI TERMS
707-647-4527
RYAN PROCESS QUOTE FORM
MAIN OFFICE PHONE: (925) 837-0670 QUOTE VALID FOR: 2 WEEKS 511 1ST STREET BENICIA, CA 94510 This Quote Prepared by:
AS122221JM
12/22/2021
JUDITH MULLAHEY
DATE OF THIS QUOTE:
RYAN PROCESS QUOTE #
SALES PERSON EMAIL: [email protected]
925-837-0670
AQUA SIERRA CONTROLS, INC.
SALES PERSON PHONE#:
PROJECT DESCRIPTION:
21 CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
CONSENT
ITEM NUMBER: 6.
TITLE
Green Island Road Special Tax and Bond Accountability Act
RECOMMENDATION
Receive and file the Fiscal Year 2020-21 Green Island Road Community Facili.es District Local Agency Special Tax and Bond Accountability Act required disclosures.
CONTACT
Lincoln Bogard, Finance Director
BACKGROUND & ANALYSIS
The Green Island Road Community Facility District (CFD) was approved by property owners within the dedicated boundaries and authorized up to $14 million in bonded indebtedness for community improvements and necessary infrastructure. To date, the first of two tranches of bonds have been issued and the Local Agency Special Tax and Bond Accountability Act requires that annual reports are filed with the local agency governing body. Sec.on 2. of the a9ached report contains the required disclosures. The entire report is being provided for additional context and background.
The chart a9ached below shows the financial posi.ons, collec.ons, and expenditures of the three funds included.
Fund Name Initial Deposit
06/30/2020
Balance
Total
Amount
Collected
(1)
06/30/2021
Balance
Amount
Expended
(2)
Fund Status
Special Tax $0.00 $797,666.09 $920,077.62 $1,245,088.29 $472,655.42 Ongoing Improvement $5,051,000.00 $5,056,400.41 $0.00 $2,810,898.91 $2,245,501.50 Ongoing Reserve $272,600.00 $272,891.45 $286.06 $272,605.39 $0.00 Ongoing (1) Total Amount Collected includes special tax revenues, interest earnings, and transfers between funds, if any.
(2) Amount Expended is the difference in the annual fund balance plus the amount collected.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Economic Development and Vitality: "A9ract and expand diverse business and employment 22 opportunities."
FISCAL IMPACT
The bonded indebtedness, collec.ons, and related accoun.ng and payment ac.vi.es are a fiduciary ac.vity for the City and the City has no obliga.on to repay the incurred debt, even in the event of a default. Therefore, there is no fiscal impact to the City from this CFD.
ENVIRONMENTAL REVIEW
This is not a project as defined under CEQA.
ATTACHMENTS:
1. Green Island Road CFD 2018-1 FY 21-22 Annual Report
23 Fiscal Year 2021/22 Annual Report for:
Community Facilities District No. 2018-1
(Green Island Road Project)
January 2022
24 TABLE OF CONTENTS
1. District Analysis..............................................................................................................1
1.1 Community Facilities District No. 2018-1......................................................................1
1.2 Levy................................................................................................................................1
1.3 Funds.............................................................................................................................1
1.4 Delinquencies................................................................................................................2
2. Local Agency Special Tax and Bond Accountability Act ....................................................3
2.1 Purpose of Special Tax...................................................................................................3
2.2 Collections and Expenditures........................................................................................4
3. Levy Analysis..................................................................................................................5
3.1 Levy Summary ...............................................................................................................5
3.2 Special Tax Spread.........................................................................................................6
3.3 Maximum and Applied Rates........................................................................................6
3.4 Maximum Tax Rates......................................................................................................6
3.5 Applied Tax Rates..........................................................................................................7
4. Financial Status ..............................................................................................................8
4.1 Improvement Fund........................................................................................................8
4.2 Special Tax Fund & Bond Fund......................................................................................8
4.3 Reserve Fund.................................................................................................................8
4.4 Assessed Value to Debt Ratio........................................................................................8
4.5 Delinquency Status and Foreclosure Covenant ............................................................9 Appendix A: Rate And Method Of Apportionment ............................................................... 11 Appendix B: Current Debt Service Schedule ......................................................................... 12 Appendix C: Delinquency Summary Report .......................................................................... 13 Appendix D: Final Budget for Fiscal Year 2021/22................................................................. 14 Appendix E: Fiscal Year 2021/22 Final Billing Details............................................................. 15 25 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 1
1. DISTRICT ANALYSIS
1.1 Community Facilities District No. 2018-1
Community Facilities District No. 2018-1 (the “District”) was formed in November 2018 by the City of American Canyon (the “City”). Two special taxes are levied within the District to finance the acquisition, construction, and provide for the maintenance of certain public facilities within the District. These include transportation improvements; drainage system, sanitary sewer system, and flood control system improvements; landscape corridor and paseo improvements, development impact fees, public services and formation, administrative, and incidental expenses. The Annual Facilities Special Tax (the “Facilities Special Tax”) shall be levied for a period not to exceed 39 years commencing with the Fiscal Year 2019/20 levy. The Annual Services Special Tax (the “Services Special Tax”) shall be levied in perpetuity to fund the Annual Services Special Tax Requirement commencing with the Fiscal Year 2019/20.
The City issued the $5,165,000 City of American Canyon Community Facilities District No. 2018-1 (Green Island Road Project) Special Tax Bonds Series 2020 (the “Bonds”) on February 6, 2020. The Bonds are scheduled to mature with the debt service payment on September 1, 2054.
1.2 Levy
The Fiscal Year 2021/22 levy was placed on 78 parcels. The levy amount for the Services Special Tax was $55,134.68. The levy amount for the Facilities Special Tax was $864,942.94.
The Services Special Tax is subject to a 3% tax escalation factor that is applied annually beginning on July 1, 2019, and each fiscal year thereafter. For Fiscal Year 2021/22, the maximum Services Special Tax rate was $59.13 per acre of Industrial and Taxable Public Property. The Facilities Special Tax has no escalator and remains $883.31 per acre.
1.3 Funds
After accounting for the September 1, 2021 debt service payment, an estimated six months’ worth of administrative expenses, and the balances of the Special Tax Fund and Bond Fund as of September 1, 2021, there was a surplus in the Special Tax Fund of approximately $1,369,000. The surplus is due to unspent Pay-As-You-Go-Facilities funds. Per the Fiscal Agent Agreement, this surplus should be transferred to the Surplus Account of the Special Tax Fund. The City may withdraw from the Surplus Account amounts needed to pay the City’s administrative expenses and County fees, provided that such withdrawals are not in excess of the portion of the Special Tax levy collected by the City which corresponds to administrative expenses. Money in the Surplus Account may also be transferred to the Improvement Fund to pay for the costs of the District’s improvements or authorized facility contributions, or to pay the principal of, premium (if any), and interest on the Bonds.
The balance in the Reserve Fund as of September 1, 2021 meets the Reserve Requirement. 26 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 2
1.4 Delinquencies
As of December 1, 2021, there were no delinquencies for the Facilities Special Tax and Services Special Tax for the Fiscal Year 2020/21 levy. NBS will continue to monitor the District’s annual levy collections and will recommend delinquency management actions as needed.
NBS
Amanda Welker, Administrator
Adina McCargo, Project Manager
Sara Mares, Client Services Director
27 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 3
2. LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This section of this report intends to comply with Sections 50075.3 and 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
1. The amount of funds collected and expended.
2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1 [and] 53410.”
The requirements of the Act apply to the Funds for the following:
Community Facilities District No. 2018-1 (Green Island Road Project) Special Tax Bonds Series 2020
February 6, 2020
2.1 Purpose of Special Tax
A special tax is levied within the District to finance the acquisition, construction, and maintenance of certain public facilities within the District. These include transportation improvements; drainage system, sanitary sewer system, and flood control system improvements; landscape corridor and paseo improvements, development impact fees, public services and formation, administrative, and incidental expenses.
The project funded by the bonds is ongoing.
28 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 4
2.2 Collections and Expenditures
Fund
Name
Initial
Deposit
6/30/2020
Balance
Total Amount
Collected (1)
6/30/2021
Balance
Amount
Expended (2)
Fund
Status
Special Tax
Fund $0.00 $797,666.09 $920,077.62 $1,245,088.29 $472,655.42 Ongoing Improvement
Fund 5,051,000.00 5,056,400.41 0.00 2,810,898.91 2,245,501.50 Ongoing Reserve
Fund 272,600.00 272,891.45 286.06 272,605.39 0.00 Ongoing (1) Total Amount Collected includes special tax revenues, interest earnings, and transfers between funds, if any. (2) Amount Expended is the difference in the annual fund balance plus the amount collected. 29 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 5
3. LEVY ANALYSIS
3.1 Levy Summary
A summary of the total levy and breakdown of the levy components for Fiscal Year 2021/22 are shown in the table and charts below.
Description
Parcel
Count (1)
Levy
Amount (2)
Facilities Special Tax 78 $864,942.94
Services Special Tax 78 55,134.68
Totals: $920,077.62
(1) Facilities and Services Special Tax levied on all taxable parcels in the District. (2) Net of installment rounding.
Principal,
$85,000.00
Interest,
$187,331.26
Administrative
Expenses,
$36,752.91
Pay As You Go
Facilities Funding,
$555,858.77
FIGURE 1. FACILITIES SPECIAL TAX FISCAL YEAR 2021/22
BUDGET COMPOSITION
Administrative
Expenses,
$10,049.55
Authorized
Services,
$45,085.13
FIGURE 2. SERVICES SPECIAL TAX FISCAL YEAR 2021/22
BUDGET COMPOSITION
30 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 6
3.2 Special Tax Spread
The total levy and applied rates for Fiscal Year 2021/22 are shown in the tables below.
3.2.1 FACILITIES SPECIAL TAX
Land Use Classification
Parcel
Count
FY 2021/22
Applied Rates
Total FY 2021/22
Special Tax Levy
Industrial 78 $883.31/acre $864,942.94
3.2.2 SERVICES SPECIAL TAX
Land Use Classification
Parcel
Count
FY 2021/22
Applied Rates
Total FY 2021/22
Special Tax Levy
Industrial 78 $59.13/acre $55,134.68
3.3 Maximum and Applied Rates
The Fiscal Year 2021/22 applied tax rates compared to the maximum tax rates are shown in the tables below.
3.3.1 FACILITIES SPECIAL TAX
Land Use Classification
FY 2021/22
Applied Tax Rate
FY 2021/22 Maximum
Tax Rate
Percent of
Maximum
Industrial $883.31/acre $883.31/acre 100.00%
3.3.2 SERVICES SPECIAL TAX
Land Use Classification
FY 2021/22 Applied Tax
Rate
FY 2021/22 Maximum
Tax Rate
Percent of
Maximum
Industrial $59.13/acre $59.13/acre 100.00%
3.4 Maximum Tax Rates
The Fiscal Year 2021/22 maximum tax rates compared to the prior year are shown in the tables below.
3.4.1 FACILITIES SPECIAL TAX
Land Use Classification
FY 2021/22 Maximum
Tax Rate
FY 2020/21 Maximum
Tax Rate
Percent
Change (1)
Industrial $883.31/acre $883.31/acre 0.00%
(1) The maximum tax rate for the Facilities Special Tax does not escalate. 31 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 7
3.4.2 SERVICES SPECIAL TAX
Land Use Classification
FY 2021/22 Maximum
Tax Rate
FY 2020/21 Maximum
Tax Rate
Percent
Change
Industrial $59.13/acre $57.42/acre 3.00%
3.5 Applied Tax Rates
The Fiscal Year 2021/22 applied tax rates compared to the prior year are shown in the tables below.
3.5.1 FACILITIES SPECIAL TAX
Land Use Classification
FY 2021/22 Applied Tax
Rate
FY 2020/21 Applied Tax
Rate
Percent
Change (1)
Industrial $883.31/acre $883.31/acre 0.00%
(1) Facilities Special Tax levied at 100% of the maximum special tax rate in Fiscal Year 2020/21 and 2021/22.
3.5.2 SERVICES SPECIAL TAX
Land Use Classification
FY 2021/22 Applied Tax
Rate
FY 2020/21 Applied Tax
Rate
Percent
Change (1)
Industrial $59.13/acre $57.42/acre 3.00%
(1) Services Special Tax levied at 100% of the maximum special tax rate in Fiscal Year 2020/21 and 2021/22. 32 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 8
4. FINANCIAL STATUS
4.1 Improvement Fund
9/1/2021
Balance
Project
Status
$5,056,451.08 Ongoing
4.2 Special Tax Fund & Bond Fund
9/1/2021
Special Tax
Fund Balance
9/1/2021
Bond
Fund Balance
9/1/2021
Debt Service
9/1/2020
Bond Call
Estimated
Administrative
Expenses(2)
Surplus /
(Deficit)
$1,374,450.75 $174,873.75 $174,865.63 $0.00 $5,025.00 $1,369,433.87 (1) Bonds are protected from optional redemption until 9/1/2026.Represents six months of administrative expenses.
4.3 Reserve Fund
9/1/2021
Balance
Reserve
Requirement (1)
Surplus /
(Deficit)
$272,600.00 $272,600.00 $0.00
(1) Reserve Requirement is defined as the least of (i) 10% of the original principal amount of the Bonds (ii) maximum annual debt service for the Bonds or (iii) 125% of the average annual debt service on the Bonds.
4.4 Assessed Value to Debt Ratio
Total
Assessed Value (1)
Principal Amount of
Bonds Outstanding (2)
Assessed Value to
Debt Ratio
$717,309,913.00 $5,085,000.00 141.06:1
(1) The assessed value of levied parcels within the District, as of January 1, 2021. (2) As of 9/02/2021 Debt Service Schedule.
33 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 9
4.5 Delinquency Status and Foreclosure Covenant
Foreclosure
Attorney
Foreclosure
Recap
Delinquency Management
Steps Taken
None None N/A
Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Facilities Special Tax, the City may order the institution of a Superior Court action to foreclose the lien therefor within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at a judicial foreclosure sale. Such judicial foreclosure action is not mandatory.
However, the City has covenanted for the benefit of the Owners of the Bonds that not later than August 1 of each year, the City will compare the amount of Facilities Special Taxes levied in the prior Fiscal Year to the amount of Facilities Special Taxes reported by the County as paid and received for such Fiscal Year, and:
Individual Delinquencies: If the City determines that any single parcel is delinquent in the payment of all or a portion of three semi-annual installments of Special Taxes, then the City shall send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 30 days of such determination, and (if the delinquency remains uncured) foreclosure proceedings shall be commenced by the City as to each parcel that received the delinquency notification promptly following such determination, to the extent permissible under applicable law and shall thereafter diligently proceed with such foreclosure proceedings to the extent permitted by law, and as recommended by legal counsel to the City.
Aggregate Delinquencies: If the City determines that (i) the total amount of delinquent Facilities Special Taxes for the prior Fiscal Year (including the total of delinquencies under the paragraph above) exceeds 5% of the total Facilities Special Taxes due and payable for the prior Fiscal Year, and (ii) the amount in any reserve account within the Reserve Fund is less than the Reserve Requirement for all the applicable series of Bonds secured thereby, then the City shall notify or cause to be notified property owners who are then delinquent in the payment of Facilities Special Taxes (and demand immediate payment of the delinquency) within 30 days of such determination, and (if the delinquency remains uncured) shall commence foreclosure proceedings promptly following such determination, to the extent permissible under applicable law and shall thereafter diligently proceed with such foreclosure proceedings to the extent permitted by law, and as recommended by legal counsel to the City.
Under the Act, foreclosure proceedings are instituted by the bringing of an action in the superior court of the county in which the parcel lies, naming the owner and other interested persons as defendants. The action is prosecuted in the same manner as other civil actions. In such action, the real property subject to the special taxes may be sold at a judicial foreclosure sale for a minimum price that will be sufficient to pay or reimburse the delinquent special taxes.
The owners of the Bonds benefit from the amounts in the 2020 Reserve Account of the Reserve Fund established pursuant to the Fiscal Agent Agreement; however, if delinquencies in the payment of the Facilities Special Taxes with respect to the Bonds are significant enough to completely deplete the account, there could be a default or a delay in payments of principal and interest to the owners of the Bonds 34 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 10 pending prosecution of foreclosure proceedings and receipt by the City of the proceeds of foreclosure sales. Provided that it is not levying the Special Tax at the Maximum Facilities Special Tax rates set forth in the Special Tax Formula, the City may adjust the Facilities Special Taxes levied on all property within the District subject to the Facilities Special Tax to provide an amount required to pay debt service on the Bonds and to replenish the amounts in the accounts within the Reserve Fund. However, such adjustment is subject to the Maximum Facilities Special Tax and to the limitation described under the caption “– Special Tax Methodology” in the Official Statement of the Bonds.
Under current law, a judgment debtor (property owner) has at least 120 days from the date of service of the notice of levy to redeem the property to be sold. If a judgment debtor fails to redeem and the property is sold, his or her only remedy is an action to set aside the sale, which must be brought within 90 days of the date of sale. If, as a result of such an action a foreclosure sale is set aside, the judgment is revived, and the judgment creditor is entitled to interest on the revived judgment as if the sale had not been made (California Code of Civil Procedure Section 701.680). 35 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 11 APPENDIX A: RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax. 36 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 1
A Special Tax shall be levied and collected in the City of American Canyon Community Facilities District No. 2018- 1 (Green Island Road Project) ("CFD No. 2018-1") each Fiscal Year in an amount determined by the application of the procedures described below. All of the Taxable Property (defined below) in CFD No. 2018-1, unless exempted by law or the provisions thereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means that acreage shown on the Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS.
The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2018-1: the costs of any paying agents/fiscal agents/trustees related to Bond payments (including the fees and expenses of its counsel), banking and management; the costs of computing the Annual Facilities Special Tax Requirement , the Annual Services Special Tax Requirement, the Annual Special Taxes and of preparing the collection schedules for the Annual Special Taxes; the costs of collecting the Annual Special Taxes, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act) and the federal securities laws; costs of responding to public inquiries regarding the Annual Special Taxes; the costs of the City or designee related to an appeal of the Annual Special Taxes or interpretation of the Rate and Method of Apportionment; amounts needed to pay rebate to the federal government related to Bonds; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Annual Special Taxes in the District. Administrative Expenses shall also include an allocable share of the salaries of City staff and an allocable portion of City overhead costs relating to the foregoing, or costs of the City in any way related to the establishment or administration of the District. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2018-1 for any other administrative purposes of CFD No. 2018-1.
"Annual Facilities Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 2018-1 to fund the Annual Facilities Special Tax Requirement. "Annual Services Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 2018-1 to fund the Annual Services Special Tax Requirement.
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF AMERICAN CANYON
COMMUNITY FACILITIES DISTRICT NO. 2018-1
(GREEN ISLAND ROAD PROJECT)
37 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 2
"Annual Special Taxes" means, collectively, the Annual Facilities Special Tax and the Annual Services Special Tax.
"Annual Facilities Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2018-1 to pay: (1) Debt Service, (2) Administrative Expenses, (3) any amount required to establish or replenish a reserve fund in connection with the Bonds, (4) any amount required to establish or replenish any operating reserve held by the City for Administrative Expenses, (5) amounts needed to compensate for historical delinquencies and reasonably anticipated delinquent Annual Facilities Special Tax based on the delinquency rate for Annual Facilities Special Tax levied in the previous Fiscal Year, (6) pay any amounts needed for Pay-As-You-Go Expenditures eligible to be funded by CFD No. 2018-1 under the Act, (7) redemption of Bonds as allowed under the Indenture, and (8) any amounts required to establish or replenish any surplus fund account in connection with the Bonds . The amounts referred to in clauses (1) and (3) of the preceding sentence may be reduced in any Fiscal Year (in the City's sole discretion) by (i) interest earnings on or surplus balances in funds and accounts for Bonds to the extent that such earnings or balances are available to apply against Debt Service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Annual Facilities Special Tax, and (iii) any other revenues available to pay Debt Service on the Bonds or other indebtedness as determined by the CFD Administrator. "Annual Services Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2018-1 to: (i) pay for the Authorized Services; (ii) pay Administrative Expenses; (iii); pay for reasonably anticipated Annual Services Special Tax delinquencies based on the delinquency rate for the Annual Services Special Tax levy in the previous Fiscal Year; less (iv) a credit for funds available, if any, to reduce the Annual Services Special Tax levy, as determined by the CFD Administrator. "Assessor’s Data" means Acreage or other Assessor’s Parcel information contained in the records of the County Assessor.
"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s Parcel number.
“Assigned Facilities Special Tax” meansthe Assigned Facilities Special Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property. “Attached Single Family Residential Property” means those Assessor’s Parcels are intended for or consist of a single Dwelling Unit which shares a wall with an adjacent Dwelling Unit, or which are otherwise known by the CFD Administrator to be multiple residential lots. “Authorized Services” means the public services authorized to be financed, in whole or in part, by CFD No. 2018-1 Annual Services Special Tax.
”Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by the proceeds of the CFD No. 2018-1 Bonds.
38 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 3
"Backup Facilities Special Tax" means the Backup Facilities Special Tax applicable to each Assessor’s Parcel of Industrial Property, as determined in accordance with Section C below. “Base Year” means the Fiscal Year beginning on July 1, 2018 and ending on June 30, 2019. “Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, issued or assumed by CFD No. 2018-1 to fund Authorized Facilities. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Annual Facilities Special Tax Requirement and Annual Services Special Tax Requirement, and providing for the levy and collection of the Special Taxes.
"CFD No. 2018-1" means City of American Canyon Community Facilities District No. 2018-1 (Green Island Road Project).
“City” means the City of American Canyon.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2018-1. "County" means the County of Napa.
“Debt Service” means for each Debt Year, the total amount of principal and interest due for any Bonds of CFD No. 2018-1.
“Debt Year” means the twelve (12) month period ending on the second debt service payment date of each calendar year.
“Developed Property” means, for each Fiscal Year, (1) all Taxable Property for which a building permit was issued prior to June 1 of the prior Fiscal Year, (2) all Taxable Property which has an improved value on the County Assessor’s Data for Fiscal Year 2018/19. Once an Assessor’s Parcel is determined to be Developed Property, it will be treated as such for each subsequent Fiscal Year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds for CFD No. 2018-1 are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Industrial Property” means all Assessor’s Parcels within the boundaries of CFD No. 2018-1 which are not classified as Public Property.
"Maximum Facilities Special Tax” means the Maximum Facilities Special Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property. "Maximum Services Special Tax” means the Maximum Services Special Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property. “Pay-As-You-Go Expenditure” means the use of Annual Facilities Special Tax revenues, that are not needed for Debt Service, Administrative Expenses, for Authorized Facilities to be constructed or acquired 39 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 4
by the CFD. Pay-As-You-Go Expenditures may be included in the Annual Facilities Special Tax Requirement until all Authorized Facilities have been constructed or acquired. "Proportionately" means, the ratio of the actual Annual Special Tax levy to the Assigned Special Tax is equal for all Assessor’s Parcels of Industrial Property respectively. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section C below. "Public Property" means property within the boundaries of CFD No. 2018-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State, the County, the City, or any local government or other public agency, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "State" means the State of California.
"Tax Escalation Factor" means a factor equal to 3% that will be applied annually after the Base Year and each Fiscal Year thereafter to increase the Maximum Services Special Tax over the previous year as shown in Section C. The Tax Escalation Factor does not apply to the Annual Facilities Special Tax. "Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2018-1 which are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Public Property” means all Assessor’s Parcels of Public Property that are not exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2018-1 shall be classified as Industrial Property, Public Property or Taxable Public Property and shall be subject to Annual Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
C. MAXIMUM AND ASSIGNED SPECIAL TAXES
1. Maximum Facilities Special Tax
The Maximum Facilities Special Tax for each Assessor’s Parcel that may be levied in any Fiscal Year shall be the greater of (i) the amount derived by the application of the Assigned Facilities Special Tax or (ii) the amount derived by the application of the Backup Facilities Special Tax.
The Assigned Facilities Special Tax for each Assessor’s Parcel of Taxable Property that may be levied in any Fiscal Year is shown in Table 1.
TABLE 1
ASSIGNED FACILITIES SPECIAL TAX
40 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 5
Property Type Rate Per
Industrial Property $883.31 Acre
Taxable Public Property 883.31 Acre
Backup Facilities Special Tax
The Backup Facilities Special Tax for each Assessor’s Parcel of Taxable Property shall be the rate per Acre that results in the same Annual Facilities Special Tax amount as calculated using the Assigned Facilities Special Tax. It is anticipated that the Backup Facilities Special Tax will be utilized only for property that loses Acreage as a result of development or other change. Alternatively, a partial prepayment may be made pursuant to the provisions of Section I. 2. below in an amount that would satisfy the obligation related to the lost Acreage.
Notwithstanding the above, under no circumstances will the Annual Facilities Special Tax levied in any Fiscal Year against any Assessor’s Parcel for which an occupancy permit for private residential use has been issued be increased by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default by the owner(s) of any other Assessor’s Parcel within CFD No. 2018-1.
2. Maximum Services Special Tax
The Maximum Services Special Tax for each Assessor’s Parcel that may be levied in any Fiscal Year shall be the amount shown in Table 2.
TABLE 2
MAXIMUM SERVICES SPECIAL TAX
FISCAL YEAR 2018/19
Property Type Rate Per
Industrial Property $54.12 Acre
Taxable Public Property 54.12 Acre
On each July 1, commencing on July 1, 2019, the Maximum Services Special Tax shall increase by the Tax Escalation Factor.
D. METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAXES
1. Annual Facilities Special Tax
Commencing with Fiscal Year 2019/20 and for each following Fiscal Year, the CFD Administrator shall determine the Annual Facilities Special Tax Requirement and shall levy the Annual Facilities Special Tax until the total Annual Facilities Special Tax levy equals the Annual Facilities Special Tax Requirement. The Annual Facilities Special Tax shall be levied each Fiscal Year as follows:
First: The Annual Facilities Special Tax shall be levied on each Assessor’s Parcel of Developed Property Proportionately up to 100% of the applicable Maximum Facilities Special Tax to satisfy the Annual Facilities Special Tax Requirement;
Second: If additional monies are needed to satisfy the Annual Facilities Special Tax Requirement after the first step has been completed, the Annual Facilities Special Tax shall be levied on each Assessor’s 41 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 6
Parcel of Undeveloped Property Proportionately up to 100% of the applicable Maximum Facilities Special Tax to satisfy the Annual Facilities Special Tax Requirement.
Third: If additional monies are needed to satisfy the Annual Facilities Special Tax Requirement after the first two steps have been completed, the Annual Facilities Special Tax shall be levied on each Assessor’s Parcel of Taxable Public Property Proportionately up to 100% of the applicable Maximum Facilities Special Tax to satisfy the Annual Facilities Special Tax Requirement.
2. Annual Services Special Tax
Commencing with Fiscal Year 2019/20 and for each following Fiscal Year, the CFD Administrator shall determine the Annual Services Special Tax Requirement and shall levy the Annual Services Special Tax until the total Annual Services Special Tax levy equals the Annual Services Special Tax Requirement.
The Annual Services Special Tax shall be levied each Fiscal Year as follows:
First: The Annual Services Special Tax shall be levied on each Assessor’s Parcel of Industrial Property Proportionately up to 100% of the applicable Maximum Services Special Tax to satisfy the Annual Services Special Tax Requirement;
Second: If additional monies are needed to satisfy the Annual Services Special Tax Requirement after the first step has been completed, the Annual Services Special Tax shall be levied on each Assessor’s Parcel of Taxable Public Property Proportionately at 100% of the applicable Maximum Services Special Tax.
E. EXEMPTIONS
No Annual Special Taxes shall be levied on up to 141 Acres of Public Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order according to the date of dedication to the public agency in which property becomes Public Property. However, should an Assessor’s Parcel no longer be classified as Public Property its tax-exempt status will be revoked.
Public Property that is not exempt from the Annual Special Taxes under this section shall be subject to the levy of the Annual Special Taxes and shall be taxed Proportionately as part of the second step in Section D.1. and D.2. above, at up to 100% of the applicable Maximum Facilities Special Tax and Maximum Services Special Tax shown in Table 1 and Table 2, respectively.
F. APPEALS
Any property owner may file a written appeal of the Annual Special Taxes with the CFD Administrator claiming that the amount or application of the Annual Special Taxes is not correct. The appeal must be filed not later than one calendar year after having paid the Annual Special Taxes that are disputed, and the appellant must be current in all payments of Annual Special Taxes. In addition, during the term of the appeal process, all Annual Special Taxes levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Annual Special Taxes are in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding 42 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 7
on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Annual Special Taxes to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Annual Special Taxes, but an adjustment shall be made to credit future Annual Special Taxes, so long as this does not decrease annual debt service coverage below 110% in any given Fiscal Year.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATIONS
The City may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Annual Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Annual Special Taxes.
H. MANNER OF COLLECTION
The Annual Special Taxes will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the City may directly bill the Annual Special Taxes, may collect the Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent property as permitted by the Act.
I. PREPAYMENT OF ANNUAL FACILITIES SPECIAL TAX
The following definition applies to this Section I:
"Outstanding Bonds" means all Previously Issued Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all CFD No. 2018-1 Bonds that have been issued by CFD No. 2018-1 prior to the date of prepayment.
1. Prepayment in Full
The obligation of an Assessor's Parcel to pay the Annual Facilities Special Tax may be prepaid and permanently satisfied as described herein; provided that a prepayment may be made after all authorized CFD No. 2018-1 Bonds have been issued and only if there are no delinquent Annual Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Annual Facilities Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a fee for providing this service. Prepayment in any six month period must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2018-1 Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.
The Annual Facilities Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):
43 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 8
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit (if any)
Total: equals Annual Facilities Special Tax Prepayment Amount As of the proposed date of prepayment, the Annual Facilities Special Tax Prepayment Amount (defined below) shall be calculated by the CFD Administrator as follows:
Paragraph Number:
1. Confirm that no Annual Special Taxes delinquency apply to such Assessor’s Parcel.
2. Compute the Maximum Facilities Special Tax applicable for the Assessor’s Parcel to be prepaid.
3. Divide the Maximum Facilities Special Tax computed pursuant to paragraph 2 by the total Maximum Facilities Special Tax for CFD No. 2018-1 which could be charged in the current Fiscal Year, excluding any Assessor’s Parcels which have been prepaid in full and excluding the portion of Maximum Facilities Special Tax for any Assessor’s Parcels which have been prepaid in part
4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the Outstanding Bonds as detailed in the Indenture to be redeemed (the "Redemption Premium").
6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds (the “Defeasance Amount”).
7. Verify the administrative fees and expenses of CFD No. 2018-1, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2018-1 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses").
8. If reserve funds for the Outstanding Bonds, if any, are held in cash and are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve requirement for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are held as a surety or are below 100% of the reserve requirement on the prepayment date or the redemption date.
9. The Annual Facilities Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 6, and 7, less the amount computed pursuant to paragraph 8 (the "Prepayment Amount").
44 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 9
10. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 6 and 8 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be retained by CFD No. 2018-1.
The Annual Facilities Special Tax Prepayment Amount may be sufficient to redeem more Outstanding Bonds than the bond increment allows. In such cases, the amount above the increment or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Outstanding Bonds or to make debt service payments.
With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Annual Facilities Special Tax and the obligation of such Assessor's Parcel to pay the Annual Facilities Special Tax shall cease. Current year special taxes will remain on the tax roll. Payment of those installments will be confirmed prior to recordation of the notice above.
Notwithstanding the foregoing, no Annual Facilities Special Tax prepayment shall be allowed unless the amount of Assigned Facilities Special Tax that may be levied on Taxable Property within CFD No. 2018-1 (after excluding 141 Acres of Public Property as set forth in Section E) both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds.
2. Prepayment in Part
The Annual Facilities Special Tax may be partially prepaid, provided that a partial prepayment may be made after all authorized CFD No. 2018-1 Bonds have been issued and only if there are no delinquent Annual Special Taxes with respect to such Assessor's Parcel at the time of partial prepayment. The amount of the prepayment shall be calculated as in Section I.1; except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:
PP = PE x F.
These terms have the following meaning:
PP = the partial prepayment
PE = the Special Tax Prepayment Amount calculated according to Section I.1 F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Annual Facilities Special Tax.
The Annual Facilities Special Tax partial prepayment amount must be sufficient to redeem a single increment of Outstanding Bonds, or multiples thereof.
The owner of any Assessor’s Parcel who desires such prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay the Special Tax and the percentage by which the Annual Facilities Special Tax shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor’s Parcel within thirty (30) days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the prepayment funds remitted 45 City of American Canyon October 4, 2018
CFD No. 2018-1 (Green Island Road Project) Page 10
according to Section I.1, and (ii) indicate in the records of CFD No. 2018-1 that there has been a partial prepayment of the Annual Facilities Special Tax and that a portion of the Annual Facilities Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Facilities Special Tax , shall continue to be levied on such Assessor’s Parcel pursuant to Section D.
Notwithstanding the foregoing, no Annual Facilities Special Tax partial prepayment shall be allowed unless the amount of Assigned Facilities Special Tax that may be levied on Taxable Property within CFD No. 2018- 1 (after excluding 141 Acres of Public Property as set forth in Section E) both prior to and after the proposed partial prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds.
J. PREPAYMENT OF ANNUAL SERVICES SPECIAL TAX
The Annual Services Special Tax may not be prepaid.
K. TERM
The Annual Facilities Special Tax shall be levied for a period not to exceed 39 years commencing with Fiscal Year 2019/20.
The Annual Services Special Tax shall be levied for as long as required to fund the Annual Services Special Tax Requirement.
46 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 12 APPENDIX B: CURRENT DEBT SERVICE SCHEDULE
The following pages show the Current Debt Service Schedule. 47 City of American Canyon
CFD No. 2018-1 (Green Island RP) FAC (2020 Bond)
Current Debt Service Schedule
Bonds Dated: 02/06/2020
Bonds Issued: $5,165,000.00
Payment
Date CUSIP
Interest
Rate Balance Principal Interest
Payment
Total
Annual
Total
Call
Premium Status
09/01/2020 .0000% $5,165,000.00 $0.00 $108,041.41 $108,041.41 $108,041.41 0.0000% Paid 03/01/2021 3.0000 5,165,000.00 .00 94,865.63 94,865.63 .00 0.0000 Paid 09/01/2021 02489CAA7 3.0000 5,165,000.00 80,000.00 94,865.63 174,865.63 269,731.26 0.0000 Paid 03/01/2022 4.0000 5,085,000.00 .00 93,665.63 93,665.63 .00 0.0000 Unpaid 09/01/2022 02489CAB5 4.0000 5,085,000.00 85,000.00 93,665.63 178,665.63 272,331.26 0.0000 Unpaid 03/01/2023 4.0000 5,000,000.00 .00 91,965.63 91,965.63 .00 0.0000 Unpaid 09/01/2023 02489CAC3 4.0000 5,000,000.00 85,000.00 91,965.63 176,965.63 268,931.26 0.0000 Unpaid 03/01/2024 4.0000 4,915,000.00 .00 90,265.63 90,265.63 .00 0.0000 Unpaid 09/01/2024 02489CAD1 4.0000 4,915,000.00 90,000.00 90,265.63 180,265.63 270,531.26 0.0000 Unpaid 03/01/2025 4.0000 4,825,000.00 .00 88,465.63 88,465.63 .00 0.0000 Unpaid 09/01/2025 02489CAE9 4.0000 4,825,000.00 95,000.00 88,465.63 183,465.63 271,931.26 0.0000 Unpaid 03/01/2026 4.0000 4,730,000.00 .00 86,565.63 86,565.63 .00 0.0000 Unpaid 09/01/2026 02489CAF6 4.0000 4,730,000.00 95,000.00 86,565.63 181,565.63 268,131.26 3.0000 Unpaid 03/01/2027 4.0000 4,635,000.00 .00 84,665.63 84,665.63 .00 3.0000 Unpaid 09/01/2027 02489CAG4 4.0000 4,635,000.00 100,000.00 84,665.63 184,665.63 269,331.26 2.0000 Unpaid 03/01/2028 4.0000 4,535,000.00 .00 82,665.63 82,665.63 .00 2.0000 Unpaid 09/01/2028 02489CAH2 4.0000 4,535,000.00 105,000.00 82,665.63 187,665.63 270,331.26 1.0000 Unpaid 03/01/2029 4.0000 4,430,000.00 .00 80,565.63 80,565.63 .00 1.0000 Unpaid 09/01/2029 02489CAJ8 4.0000 4,430,000.00 110,000.00 80,565.63 190,565.63 271,131.26 0.0000 Unpaid 03/01/2030 4.0000 4,320,000.00 .00 78,365.63 78,365.63 .00 0.0000 Unpaid 09/01/2030 02489CAK5 4.0000 4,320,000.00 115,000.00 78,365.63 193,365.63 271,731.26 0.0000 Unpaid 03/01/2031 4.0000 4,205,000.00 .00 76,065.63 76,065.63 .00 0.0000 Unpaid 09/01/2031 02489CAL3 4.0000 4,205,000.00 120,000.00 76,065.63 196,065.63 272,131.26 0.0000 Unpaid 03/01/2032 4.0000 4,085,000.00 .00 73,665.63 73,665.63 .00 0.0000 Unpaid 09/01/2032 02489CAM1 4.0000 4,085,000.00 125,000.00 73,665.63 198,665.63 272,331.26 0.0000 Unpaid 03/01/2033 2.3750 3,960,000.00 .00 71,165.63 71,165.63 .00 0.0000 Unpaid 09/01/2033 02489CAN9 2.3750 3,960,000.00 130,000.00 71,165.63 201,165.63 272,331.26 0.0000 Unpaid 03/01/2034 2.3750 3,830,000.00 .00 69,621.88 69,621.88 .00 0.0000 Unpaid 09/01/2034 02489CAP4 2.3750 3,830,000.00 130,000.00 69,621.88 199,621.88 269,243.76 0.0000 Unpaid 03/01/2035 2.5000 3,700,000.00 .00 68,078.13 68,078.13 .00 0.0000 Unpaid 09/01/2035 02489CAQ2 2.5000 3,700,000.00 135,000.00 68,078.13 203,078.13 271,156.26 0.0000 Unpaid 03/01/2036 2.5000 3,565,000.00 .00 66,390.63 66,390.63 .00 0.0000 Unpaid 09/01/2036 02489CAR0 2.5000 3,565,000.00 135,000.00 66,390.63 201,390.63 267,781.26 0.0000 Unpaid 03/01/2037 2.6250 3,430,000.00 .00 64,703.13 64,703.13 .00 0.0000 Unpaid 09/01/2037 02489CAS8 2.6250 3,430,000.00 140,000.00 64,703.13 204,703.13 269,406.26 0.0000 Unpaid 03/01/2038 2.6250 3,290,000.00 .00 62,865.63 62,865.63 .00 0.0000 Unpaid 09/01/2038 02489CAT6 2.6250 3,290,000.00 145,000.00 62,865.63 207,865.63 270,731.26 0.0000 Unpaid 03/01/2039 2.6250 3,145,000.00 .00 60,962.50 60,962.50 .00 0.0000 Unpaid 09/01/2039 02489CAU3 2.6250 3,145,000.00 150,000.00 60,962.50 210,962.50 271,925.00 0.0000 Unpaid 03/01/2040 2.7500 2,995,000.00 .00 58,993.75 58,993.75 .00 0.0000 Unpaid 09/01/2040 02489CAV1 2.7500 2,995,000.00 145,000.00 58,993.75 203,993.75 262,987.50 0.0000 Unpaid Copyright © 2012 by NBS Page 1 of 2 01/06/2022 09:13:52AM 48 City of American Canyon
CFD No. 2018-1 (Green Island RP) FAC (2020 Bond)
Current Debt Service Schedule
Bonds Dated: 02/06/2020
Bonds Issued: $5,165,000.00
Payment
Date CUSIP
Interest
Rate Balance Principal Interest
Payment
Total
Annual
Total
Call
Premium Status
03/01/2041 4.0000 2,850,000.00 .00 57,000.00 57,000.00 .00 0.0000 Unpaid 09/01/2041 02489CAW9 4.0000 2,850,000.00 155,000.00 57,000.00 212,000.00 269,000.00 0.0000 Unpaid 03/01/2042 4.0000 2,695,000.00 .00 53,900.00 53,900.00 .00 0.0000 Unpaid 09/01/2042 02489CAW9 4.0000 2,695,000.00 160,000.00 53,900.00 213,900.00 267,800.00 0.0000 Unpaid 03/01/2043 4.0000 2,535,000.00 .00 50,700.00 50,700.00 .00 0.0000 Unpaid 09/01/2043 02489CAW9 4.0000 2,535,000.00 170,000.00 50,700.00 220,700.00 271,400.00 0.0000 Unpaid 03/01/2044 4.0000 2,365,000.00 .00 47,300.00 47,300.00 .00 0.0000 Unpaid 09/01/2044 02489CAW9 4.0000 2,365,000.00 175,000.00 47,300.00 222,300.00 269,600.00 0.0000 Unpaid 03/01/2045 4.0000 2,190,000.00 .00 43,800.00 43,800.00 .00 0.0000 Unpaid 09/01/2045 02489CAW9 4.0000 2,190,000.00 185,000.00 43,800.00 228,800.00 272,600.00 0.0000 Unpaid 03/01/2046 4.0000 2,005,000.00 .00 40,100.00 40,100.00 .00 0.0000 Unpaid 09/01/2046 02489CAW9 4.0000 2,005,000.00 190,000.00 40,100.00 230,100.00 270,200.00 0.0000 Unpaid 03/01/2047 4.0000 1,815,000.00 .00 36,300.00 36,300.00 .00 0.0000 Unpaid 09/01/2047 02489CAX7 4.0000 1,815,000.00 195,000.00 36,300.00 231,300.00 267,600.00 0.0000 Unpaid 03/01/2048 4.0000 1,620,000.00 .00 32,400.00 32,400.00 .00 0.0000 Unpaid 09/01/2048 02489CAX7 4.0000 1,620,000.00 205,000.00 32,400.00 237,400.00 269,800.00 0.0000 Unpaid 03/01/2049 4.0000 1,415,000.00 .00 28,300.00 28,300.00 .00 0.0000 Unpaid 09/01/2049 02489CAX7 4.0000 1,415,000.00 215,000.00 28,300.00 243,300.00 271,600.00 0.0000 Unpaid 03/01/2050 4.0000 1,200,000.00 .00 24,000.00 24,000.00 .00 0.0000 Unpaid 09/01/2050 02489CAX7 4.0000 1,200,000.00 220,000.00 24,000.00 244,000.00 268,000.00 0.0000 Unpaid 03/01/2051 4.0000 980,000.00 .00 19,600.00 19,600.00 .00 0.0000 Unpaid 09/01/2051 02489CAX7 4.0000 980,000.00 230,000.00 19,600.00 249,600.00 269,200.00 0.0000 Unpaid 03/01/2052 4.0000 750,000.00 .00 15,000.00 15,000.00 .00 0.0000 Unpaid 09/01/2052 02489CAX7 4.0000 750,000.00 240,000.00 15,000.00 255,000.00 270,000.00 0.0000 Unpaid 03/01/2053 4.0000 510,000.00 .00 10,200.00 10,200.00 .00 0.0000 Unpaid 09/01/2053 02489CAX7 4.0000 510,000.00 250,000.00 10,200.00 260,200.00 270,400.00 0.0000 Unpaid 03/01/2054 4.0000 260,000.00 .00 5,200.00 5,200.00 .00 0.0000 Unpaid 09/01/2054 02489CAX7 4.0000 260,000.00 260,000.00 5,200.00 265,200.00 270,400.00 0.0000 Unpaid Grand Total: $5,165,000.00 $4,124,779.09 $9,289,779.09 $9,289,779.09 Copyright © 2012 by NBS Page 2 of 2 01/06/2022 09:13:52AM 49 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 13 APPENDIX C: DELINQUENCY SUMMARY REPORT
The following pages show the current Delinquency Summary Report. 50 City of American Canyon
Delinquency Summary Report
As of: 12/01/2021
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
District Due Date Installments %
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD No. 2018-1 Facil - CFD No. 2018-1 (Green Island RP) Facilities 08/01/2019 Billing:
12/10/2019 $432,468.79 $432,468.79 $0.00 0.00% 75 75 0 0.00% 04/10/2020 $432,468.79 $432,468.79 $0.00 0.00% 75 75 0 0.00% Subtotal: $864,937.58 $864,937.58 $0.00 0.00% 150 150 0 0.00% 08/01/2020 Billing:
12/10/2020 $432,471.46 $432,471.46 $0.00 0.00% 81 78 0 0.00% 04/10/2021 $432,471.46 $432,471.46 $0.00 0.00% 81 78 0 0.00% Subtotal: $864,942.92 $864,942.92 $0.00 0.00% 162 156 0 0.00% CFD No. 2018-1
Facil
Total: $1,729,880.50 $1,729,880.50 $0.00 0.00% 312 306 0 0.00% Copyright © 2012 by NBS Page 1 of 2 12/28/2021 08:38:06AM 51 City of American Canyon
Delinquency Summary Report
As of: 12/01/2021
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
District Due Date Installments %
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD No. 2018-1 Serv. - CFD No. 2018-1 (Green Island RP) Services 08/01/2019 Billing:
12/10/2019 $27,274.78 $27,274.78 $0.00 0.00% 75 75 0 0.00% 04/10/2020 $27,274.78 $27,274.78 $0.00 0.00% 75 75 0 0.00% Subtotal: $54,549.56 $54,549.56 $0.00 0.00% 150 150 0 0.00% 08/01/2020 Billing:
12/10/2020 $26,764.42 $26,764.42 $0.00 0.00% 81 78 0 0.00% 04/10/2021 $26,764.42 $26,764.42 $0.00 0.00% 81 78 0 0.00% Subtotal: $53,528.84 $53,528.84 $0.00 0.00% 162 156 0 0.00% CFD No. 2018-1
Serv.
Total: $108,078.40 $108,078.40 $0.00 0.00% 312 306 0 0.00% Agency Grand Total: $1,837,958.90 $1,837,958.90 $0.00 0.00% 624 612 0 0.00% Copyright © 2012 by NBS Page 2 of 2 12/28/2021 08:38:07AM 52 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 14 APPENDIX D: FINAL BUDGET FOR FISCAL YEAR 2021/22
The following page shows the Final Budget for Fiscal Year 2021/22. 53 City of American Canyon
CFD No. 2018-1 (Green Island RP) Facilities
Final Budget for Fiscal Year 2021/22
Category/Item FY 2021/22 FY 2020/21 Increase / (Decrease) Copyright © 2013 by NBS Page 1 of 2 01/06/2022 09:25:52AM 54 City of American Canyon
CFD No. 2018-1 (Green Island RP) Facilities
Final Budget for Fiscal Year 2021/22
Fund Balances
FY 2021/22 FY 2020/21
Fund Amount Date Status Amount Date Status Increase /(Decrease) Reserve Requirement $272,600.00 6/30/2021 Open $272,600.00 6/30/2020 Open $0.00 Administrative Expense 0.00 6/30/2021 Ongoing 1,572.34 6/30/2020 Open (1,572.34) Construction 2,810,898.91 6/30/2021 Open Not Available Not Available Not Available Not Available Reserve Fund 272,604.00 6/30/2021 Ongoing 272,891.45 6/30/2020 Open (287.45) Copyright © 2013 by NBS Page 2 of 2 01/06/2022 09:25:52AM 55 City of American Canyon
CFD No. 2018-1 (Green Island RP) Services
Final Budget for Fiscal Year 2021/22
Category/Item FY 2021/22 FY 2020/21 Increase / (Decrease) Admin. Expenses $55,135.13 $53,529.22 $1,605.91
Miscellaneous (0.45) (0.38) (0.07)
Grand Total: $55,134.68 $53,528.84 $1,605.84
Total Accounts: 81 81 0
Copyright © 2013 by NBS Page 1 of 01/06/2022 01:01:43PM 56 City of American Canyon
Fiscal Year 2021/22 Annual Report – Community Facilities District No. 2018-1 (Green Island Road Project) 15 APPENDIX E: FISCAL YEAR 2021/22 FINAL BILLING DETAIL
The following pages show the Facilities Special Tax and Services Special Tax Final Billing Detail Report for Fiscal Year 2021/22.
57 City of American Canyon
CFD No. 2018-1 (Green Island RP) Facilities
Final Billing Detail Report for Fiscal Year 2021/22
APN Property Type Taxable Acres Levy Total
057-090-007-000 Industrial Developed 36.52 $32,258.48
057-090-008-000 Industrial Undevelop 113.03 99,840.52
057-090-084-000 Industrial Developed 41.78 36,904.68
057-090-086-000 Industrial Developed 29.25 26,605.30
057-130-001-000 Industrial Developed 5.95 5,255.68
057-130-004-000 Industrial Developed 4.81 4,248.72
057-130-029-000 Industrial Developed 0.26 229.66
057-130-031-000 Industrial Developed 3.16 2,791.26
057-130-033-000 Industrial Developed 0.80 706.64
057-130-034-000 Industrial Developed 57.99 51,223.14
057-130-035-000 Industrial Developed 12.29 10,855.88
057-130-036-000 Industrial Developed 36.78 32,488.14
057-160-001-000 Industrial Developed 2.00 1,766.62
057-160-002-000 Industrial Developed 5.00 4,416.54
057-160-006-000 Industrial Developed 2.00 1,766.62
057-160-007-000 Industrial Developed 2.61 2,305.44
057-160-012-000 Industrial Developed 1.47 1,298.46
057-160-013-000 Industrial Developed 1.03 909.80
057-160-014-000 Industrial Developed 2.29 2,022.78
057-160-015-000 Industrial Developed 1.94 1,713.62
057-160-016-000 Industrial Developed 1.37 1,210.12
057-160-017-000 Industrial Developed 1.38 1,218.96
057-160-019-000 Industrial Developed 1.07 945.14
057-160-020-000 Industrial Developed 1.09 965.46
057-160-023-000 Industrial Developed 2.22 1,960.94
057-160-024-000 Industrial Developed 1.00 883.30
057-160-025-000 Industrial Developed 1.40 1,236.62
057-160-028-000 Industrial Developed 0.75 658.94
057-160-029-000 Industrial Developed 10.25 9,053.92
057-160-030-000 Industrial Developed 18.06 15,952.58
057-160-031-000 Industrial Developed 9.41 8,311.94
057-160-032-000 Industrial Developed 0.85 753.46
057-160-033-000 Industrial Developed 0.94 832.96
057-360-002-000 Industrial Developed 24.51 29,508.16
057-360-003-000 Industrial Developed 8.64 8,307.06
057-360-005-000 Industrial Developed 37.21 44,798.00
057-360-007-000 Industrial Developed 58.03 69,863.70
058-030-049-000 Industrial Developed 15.00 13,249.64
058-030-050-000 Industrial Developed 17.52 15,475.58
058-030-052-000 Industrial Developed 1.86 1,642.96
058-030-053-000 Industrial Developed 6.34 5,600.18
058-030-054-000 Industrial Developed 2.62 2,314.26
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 4 01/05/2022 01:37:39PM 58 City of American Canyon
CFD No. 2018-1 (Green Island RP) Facilities
Final Billing Detail Report for Fiscal Year 2021/22
APN Property Type Taxable Acres Levy Total
058-030-061-000 Industrial Developed 8.06 7,119.48
058-030-062-000 Industrial Developed 5.39 4,761.04
058-030-064-000 Industrial Developed 11.23 9,919.56
058-030-065-000 Industrial Developed 35.79 31,666.66
058-030-066-000 Industrial Undevelop 40.00 35,332.40
058-070-019-000 Industrial Developed 15.47 13,664.80
058-070-020-000 Industrial Developed 5.00 4,416.54
058-070-021-000 Industrial Developed 4.87 4,301.72
058-070-022-000 Industrial Developed 10.00 8,833.10
058-070-023-000 Industrial Developed 13.04 11,518.36
058-070-024-000 Industrial Developed 8.05 7,110.64
058-070-025-000 Industrial Developed 4.50 3,974.88
058-330-004-000 Industrial Developed 0.93 823.24
058-330-005-000 Industrial Developed 0.18 159.00
058-330-006-000 Industrial Developed 0.71 627.14
058-330-007-000 Industrial Developed 1.89 1,669.46
058-330-009-000 Industrial Developed 1.97 1,740.12
058-330-010-000 Industrial Developed 1.56 1,377.96
058-330-011-000 Industrial Developed 12.79 11,297.52
058-330-015-000 Industrial Developed 4.43 3,913.06
058-330-018-000 Industrial Developed 6.85 6,050.66
058-420-026-000 Industrial Developed 4.91 4,337.04
058-420-033-000 Industrial Developed 4.96 4,381.22
058-420-034-000 Industrial Developed 3.60 3,179.92
058-420-035-000 Industrial Developed 5.81 5,132.02
058-420-036-000 Industrial Developed 17.28 15,263.60
058-420-039-000 Industrial Developed 7.60 6,713.16
058-420-040-000 Industrial Developed 7.94 7,013.48
058-420-041-000 Industrial Developed 8.97 7,923.28
058-420-042-000 Industrial Developed 2.98 2,632.26
058-420-043-000 Industrial Developed 9.92 8,762.44
058-420-044-000 Industrial Developed 4.16 3,674.56
058-420-045-000 Industrial Developed 12.89 11,385.86
058-420-049-000 Industrial Developed 17.51 15,466.76
058-420-051-000 Industrial Developed 21.53 19,017.66
058-420-052-000 Industrial Developed 28.79 25,430.48
78 Accounts 934.05 $864,942.94
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 4 01/05/2022 01:37:39PM 59 City of American Canyon
CFD No. 2018-1 (Green Island RP) Services
Final Billing Detail Report for Fiscal Year 2021/22
APN Property Type Taxable Acres Levy Total
057-090-007-000 Industrial 36.52 $2,159.72
057-090-008-000 Industrial 113.03 6,684.40
057-090-084-000 Industrial 41.78 2,470.80
057-090-086-000 Industrial 29.25 1,729.80
057-130-001-000 Industrial 5.95 351.86
057-130-004-000 Industrial 4.81 284.46
057-130-029-000 Industrial 0.26 15.38
057-130-031-000 Industrial 3.16 186.88
057-130-033-000 Industrial 0.80 47.30
057-130-034-000 Industrial 57.99 3,429.42
057-130-035-000 Industrial 12.29 726.80
057-130-036-000 Industrial 36.78 2,175.10
057-160-001-000 Industrial 2.00 118.28
057-160-002-000 Industrial 5.00 295.68
057-160-006-000 Industrial 2.00 118.28
057-160-007-000 Industrial 2.61 154.34
057-160-012-000 Industrial 1.47 86.92
057-160-013-000 Industrial 1.03 60.90
057-160-014-000 Industrial 2.29 135.42
057-160-015-000 Industrial 1.94 114.72
057-160-016-000 Industrial 1.37 81.02
057-160-017-000 Industrial 1.38 81.60
057-160-019-000 Industrial 1.07 63.28
057-160-020-000 Industrial 1.09 64.64
057-160-023-000 Industrial 2.22 131.28
057-160-024-000 Industrial 1.00 59.14
057-160-025-000 Industrial 1.40 82.78
057-160-028-000 Industrial 0.75 44.12
057-160-029-000 Industrial 10.25 606.16
057-160-030-000 Industrial 18.06 1,068.04
057-160-031-000 Industrial 9.41 556.48
057-160-032-000 Industrial 0.85 50.44
057-160-033-000 Industrial 0.94 55.76
057-360-002-000 Industrial 24.51 1,449.48
057-360-003-000 Industrial 6.90 408.04
057-360-005-000 Industrial 37.21 2,200.54
057-360-007-000 Industrial 58.03 3,431.80
058-030-049-000 Industrial 15.00 887.06
058-030-050-000 Industrial 17.52 1,036.10
058-030-052-000 Industrial 1.86 110.00
058-030-053-000 Industrial 6.34 374.94
058-030-054-000 Industrial 2.62 154.94
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 3 of 4 01/05/2022 01:37:39PM 60 City of American Canyon
CFD No. 2018-1 (Green Island RP) Services
Final Billing Detail Report for Fiscal Year 2021/22
APN Property Type Taxable Acres Levy Total
058-030-061-000 Industrial 8.06 476.64
058-030-062-000 Industrial 5.39 318.76
058-030-064-000 Industrial 11.23 664.12
058-030-065-000 Industrial 35.79 2,116.56
058-030-066-000 Industrial 40.00 2,365.52
058-070-019-000 Industrial 15.47 914.86
058-070-020-000 Industrial 5.00 295.68
058-070-021-000 Industrial 4.87 288.00
058-070-022-000 Industrial 10.00 591.38
058-070-023-000 Industrial 13.04 771.16
058-070-024-000 Industrial 8.05 476.06
058-070-025-000 Industrial 4.50 266.12
058-330-004-000 Industrial 0.93 55.12
058-330-005-000 Industrial 0.18 10.64
058-330-006-000 Industrial 0.71 41.98
058-330-007-000 Industrial 1.89 111.76
058-330-009-000 Industrial 1.97 116.50
058-330-010-000 Industrial 1.56 92.26
058-330-011-000 Industrial 12.79 756.38
058-330-015-000 Industrial 4.43 261.98
058-330-018-000 Industrial 6.85 405.10
058-420-026-000 Industrial 4.91 290.36
058-420-033-000 Industrial 4.96 293.32
058-420-034-000 Industrial 3.60 212.90
058-420-035-000 Industrial 5.81 343.58
058-420-036-000 Industrial 17.28 1,021.90
058-420-039-000 Industrial 7.60 449.44
058-420-040-000 Industrial 7.94 469.56
058-420-041-000 Industrial 8.97 530.46
058-420-042-000 Industrial 2.98 176.22
058-420-043-000 Industrial 9.92 586.64
058-420-044-000 Industrial 4.16 246.02
058-420-045-000 Industrial 12.89 762.28
058-420-049-000 Industrial 17.51 1,035.50
058-420-051-000 Industrial 21.53 1,273.24
058-420-052-000 Industrial 28.79 1,702.58
78 Accounts 932.31 $55,134.68
1,866.35 $920,077.62 156 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 4 of 4 01/05/2022 01:37:39PM 61 CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
CONSENT
ITEM NUMBER: 7.
TITLE
Alternate Intake Project Resolutions of Support
RECOMMENDATION
Adopt a Resolu(on in Support of proposed North Bay Aqueduct Alternate Intake Project (Also Known As "Water+").
CONTACT
Felix Hernandez, III, Maintenance and Utilities Director
BACKGROUND & ANALYSIS
The North Bay Aqueduct (NBA) is part of the State Water Project (SWP), providing municipal water to over 500,000 residents in Napa and Solano County. Major urban centers including Vacaville, Vallejo, Fairfield, Napa, American Canyon, Calistoga, as well as Travis Air Force Base are served by the NBA. The NBA diverts raw water at the Barker Slough Pumping Plant (BSPP), located at the terminus of Barker Slough, a dead-end (dal channel connected to Lindsey Slough and in turn Cache Slough, and ul(mately the Sacramento River. The NBA’s source water quality is generally the poorest of all the SWP facili(es, typically exhibi(ng the highest levels of total organic carbon, turbidity, and pathogens (California SWP – 2016 Watershed Sanitary Survey Update). Trea(ng the NBA source water to drinking water quality standards is oBen challenging and, in some instances, impossible without blending the NBA source water with alterna(ve supplies. OBen, at least for those that have the op(on, the Solano NBA water users will avoid using NBA water when water quality conditions are poor.
Barker Slough and the BSPP are located within the Yolo Bypass – Cache Slough Complex (YBCSC) region, one of the last remaining refugia for na(ve fish species in the Delta. State, federal, and local agencies are in the process of planning, implemen(ng, and construc(ng large-scale (dal wetland restora(on projects within the YBCSC to enhance na(ve and endangered fish popula(ons. Pursuant to State and Federal regulatory requirements, water diversions by the NBA must be curtailed if not suspended when endangered fish species are observed or suspected to be present at or near Barker Slough. As large-scale (dal wetland restora(on – which is intended to increase the numbers of endangered fish species – proceeds, the frequency and dura(on with which water diversions by the NBA must be curtailed or suspended is likely to increase. 62 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
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 - AIP Support
63 RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON IN
SUPPORT OF PROPOSED NORTH BAY AQUEDUCT ALTERNATE INTAKE PROJECT (ALSO KNOWN AS “WATER +”)
WHEREAS, the North Bay Aqueduct (NBA) component of the State Water Project provides municipal drinking water to over 500,000 residents in Solano and Napa counties; and WHEREAS, major urban centers including Vacaville, Fairfield, Vallejo, Benicia, American Canyon, Napa, and Calistoga, as well as Travis Airforce Base are reliant on the NBA water supply; and WHEREAS, the NBA draws raw water at the Barker Slough Pumping Plant, located at the terminus of Barker Slough, a dead-end tidal channel connected to Lindsey Slough, and in turn Cache Slough, and ultimately the Sacramento River; and
WHEREAS, Barker Slough is located within the Yolo Bypass-Cache Slough Complex (YBCSC) region, one of the last remaining refugia for endangered native fish species in the Delta; and WHEREAS, the NBA raw water supply generally exhibits some of the poorest raw water quality of all the State Water Project facilities, due largely to local runoff from the surrounding Barker Slough watershed; and
WHEREAS, in addition to poor water quality, the NBA is periodically subjected to regulatory pumping curtailments to minimize the entrainment of endangered native fish species; and WHEREAS, due to prevailing poor water quality conditions and endangered species regulatory restrictions the NBA’s ability to provide municipal drinking water is significantly impaired between the onset of the rainy season and June of each year; and
WHEREAS, the YBCSC has been identified by State and Federal resource agencies as highly desirable for large scale tidal wetland restoration projects – projects that are intended to increase the abundance of endangered native fish species; and
WHEREAS, the objectives of the ongoing and planned tidal wetland restoration projects – to increase the abundance of endangered native fish species – are in direct conflict with NBA operations at Barker Slough; and
WHEREAS, relocating the NBA’s intake out of Barker Slough and the YBCSC would not only preserve the viability of the NBA municipal drinking water supply, but also potentially provide ecological benefits that complement ongoing habitat restoration efforts in the YBCSC; and 64 2
WHEREAS, the North Bay Aqueduct Alternate Intake Project (aka “Water+”), a multi-benefit project that enhances regional water supply resiliency and provides ecological benefits, is proposed as a means of resolving the myriad of water management issues associated with the existing North Bay Aqueduct intake at Barker Slough; and
WHEREAS, additional feasibility studies are needed to confirm the viability of the Water + project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby supports initiation of feasibility studies and development of the Water+ project, and requests State and Federal assistance to advance the Water+ project.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 1st day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _____________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 65 CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
CONSENT
ITEM NUMBER: 8.
TITLE
Watson Ranch Lot 10 Final Maps & Subdivision Improvement Agreements
RECOMMENDATION
Adopt a Resolu,on taking the following ac,ons in conjunc,on with the Watson Ranch Lot 10 Project:
Approving two Final Maps to subdivide the proper,es (Assessor’s Parcel Numbers 059-430- 015 and 059-430-016) to create 219 house lots and 6 parcels (through two phases, Phase 1 and Phase 2); and
Approving two Subdivision Improvement Agreements for Phase 1 and Phase 2 pending City approval of the Improvement Plans.
CONTACT
William D. Ross, City Attorney
BACKGROUND & ANALYSIS
On September 21, 2021, City Council approved Resolu,on No. 2021-75, a Ves,ng Tenta,ve Subdivision Map to create 219 house lots and 6 parcels (through two phases, Phase 1 and Phase 2).
The Applicant has prepared “Watson Ranch Lot 10 Final Maps” for Phase 1 and for Phase 2 (Exhibits A and B) 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.” Subdivision Improvement Agreements (“Agreements”) for each phase (Phase 1 and 2) has been prepared (Exhibits C and D) and agreed upon by both par,es. As the final improvement plans have not been finalized, final execu,on of the Agreements will be accomplished upon City approval of the improvement plans.
66 The City Engineer has reviewed the Final Maps and determined that they are in conformance with the Tenta,ve Parcel Map and the Subdivision Map Act. The Final Map for Phase 1 includes the following offers of dedication to the City:
• Right-of-way for public streets
• Public Access Easement (PAE)
• Emergency Vehicle Access Easement (VAE)
• Landscaping Easements (LE)
• Public utility easement (PUE)
The Final Map for Phase 2 includes the following offers of dedication to the City:
• Right-of-way for public streets
• Emergency Vehicle Access Easement (VAE)
• Public utility easement (PUE)
The City Engineer will not release the approved Final Maps for recording un,l the aforemen,oned Subdivision Improvement Agreements are recorded, and any outstanding fee or payments are received. Staff recommends the City Council approve the Final Maps to sub-divide the Watson Ranch Lot 10 proper,es (in two phases) to create 219 house lots and 6 parcels and accept the referenced dedica,ons offered thereon. Staff also recommends the City Council authorize the City Manager to enter into two Subdivision Improvement Agreements pending City approval of the Improvement Plans for each.
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 Phase 1 and 2 Final Map
2. Exhibit A - Final Map LOT 10 - PHASE 1
3. Exhibit B - Final Map LOT 10 - PHASE 2
4. Exhibit C - Subdivision Improvement Agreement (Phase 1 of Lot 10) 67 5. Exhibit D - Subdivision Improvement Agreement (Phase 2 of Lot 10) 68 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 LOT 10 PROJECT: 1) APPROVING TWO FINAL MAPS TO SUBDIVIDE THE PROPERTIES (ASSESSOR’S PARCEL NUMBERS 059-430-015 and 059-430-016) TO CREATE 219 HOUSE LOTS AND 6 PARCELS (THROUGH TWO PHASES); AND 2) APPROVING TWO SUBDIVISION IMPROVEMENT AGREEMENTs.
WHEREAS, on September 21, 2021, City Council approved Resolution No. 2021-75, a Vesting Tentative Subdivision Map to create 219 house lots and 6 parcels (through two phases, Phase 1 and Phase 2); and WHEREAS, two Final Maps entitled “Watson Ranch Lot 10 Final Maps” for Phase 1 and for Phase 2 have been prepared and submitted to the City of American Canyon for approval (attached hereto as Exhibits A and B and incorporated herein); and
WHEREAS, the Final Maps include the offer of dedication of the right-of-way for public streets, public access easement, emergency vehicle access easement, landscaping 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 two Subdivision Improvement Agreements for Phase 1 and 2 (attached hereto as Exhibits B and C and incorporated herein), for completion of all remaining requirements of the development, including financial securities to guarantee that the work is completed; and
WHEREAS, final approval of the two Subdivision Improvement Agreements for Phase 1 and 2 will not become effective until the City acceptance of the Agreements Improvement Plans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the Final Maps for Watson Ranch Lot 10 Phase 1 and 2 (Assessor’s Parcel Numbers 059-430-015 and 059- 430-016); 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 two Subdivision Improvement Agreements pending City approval of the Improvement Plans for each; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby accepts the dedication of right-of-way for public streets, public access easement, emergency vehicle access easement, landscaping easement, and public utility easement offered thereon. 69 PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 1st day of March, 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 Attachments:
Exhibit A – Watson Ranch Lot 10 Final Map Phase 1
Exhibit B – Watson Ranch Lot 10 Final Map Phase 2
Exhibit C – Subdivision Improvement Agreement Phase 1
Exhibit D - Subdivision Improvement Agreement Phase2
70 1
OWNER'S STATEMENT
RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
SITE
VICINITY MAP
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
JOB NO. 1217-062 SHEET OF 8
OWNER'S STATEMENT (CONTINUED)
OWNER'S ACKNOWLEDGMENT
71 2
CITY CLERK'S CERTIFICATE CITY ENGINEER'S STATEMENT
SIGNATURE OMISSIONS
SURVEYOR'S STATEMENT
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
JOB NO. 1217-062 SHEET OF 8
COUNTY TAX COLLECTOR AND
REDEMPTION OFFICER'S CERTIFICATE
72 LOOP ROAD
ADJUSTED
PARCEL A
RIO DEL MAR ROLLING HILLS DRIVE
3 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1217-062 SHEET OF 8
73 RIO DEL MAR
LOOP ROAD
6 8 27
23 7 26
3 25
5 24
21 4
2 22
1 20
10 11
9 29
30 28
16 35
17 36
12 15
34 14
33 13
32 31
38 18
37 19
68 69
67 66
65 63 64
71 72
70 75
74 73
80 77
78 76
79 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 97 100
95 98 99
96 101 102 103 107
105 106 104
84 82
83 81
85 86
88 87
89 90 91
93 92
94 PARCEL E
PARCEL C
PARCEL D
PARCEL A
JUNEGRASS COURT
CAPRI COURT
JUNEGRASS STREET
BALSA COURT BRISA COURT
PEWTER COURT PEWTER STREET
5 6 7 8
PARCEL B
CARTIER STREET
PARCEL D
RIO DEL MAR ROLLING HILLS DRIVE
JUNEGRASS STREET DATURA STREET
4 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1217-062 SHEET OF 8
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
5 74
LOOP ROAD PEWTER STREET
CARTIER STREET
10 9
29 28 6873542 1
27 23
26 25
24 21
22 20 SEE SHEET 6
JOB NO. 1217-062 SHEET OF 8 5
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
75 RIO DEL MAR
LOOP ROAD
SEE SHEET 5
JUNEGRASS STREET
PEWTER COURT
39 40 41 42 43 44
68 69
67 66
65 63 64
31 12
32 PARCEL E
11 30
14 13
33 34
15 16
35 17
36 18
19 37
38 PARCEL A
RIO DEL MAR
PARCEL B SEE SHEET 7
PEWTER STREET BALSA COURT
JOB NO. 1217-062 SHEET OF 8 6
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
76 JUNEGRASS STREET
RIO DEL MAR
PARCEL B SEE SHEET 6 SEE SHEET 8
71 72
70 75
74 73
77 78
76 79 80
45 46 47 48 49 50 51 52 53 RIO DEL MAR DATURA STREET BALSA COURT BRISA COURT ROLLING HILLS DRIVE 7 40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
JOB NO. 1217-062 SHEET OF 8
BASIS OF BEARINGS:
LEGEND
REFERENCES:
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
77 SEE SHEET 7
54 55 56 57 58 59 60 61 62
CAPRI COURT
84 82
83 81
107
106
101 102 103 104
97 100
98 95 99 96
105
85 87
86 88 89 90 91
93 92
94 PARCEL D PARCEL C DATURA STREET
RIO DEL MAR
RIO DEL MAR
PARCEL D
JUNEGRASS STREET
JUNEGRASS COURT
JOB NO. 1217-062 SHEET OF 8 8
40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
BASIS OF BEARINGS:
LEGEND
REFERENCES:
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL A AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036438, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-015 (PORTION), 059-430-016 AND 059-430-013 (PORTION) 107 LOTS, AND 5 PARCELS, 14.91± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 1
78 1
SITE
VICINITY MAP
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
JOB NO. 1217-062 SHEET OF 8
RECORDER'S STATEMENT
OWNER'S ACKNOWLEDGMENT
OWNER'S STATEMENT (CONTINUED)
OWNER'S ACKNOWLEDGMENT
OWNER'S STATEMENT
79 2
CITY CLERK'S CERTIFICATE CITY ENGINEER'S STATEMENT
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
JOB NO. 1217-062 SHEET OF 8
SIGNATURE OMISSIONS
SURVEYOR'S STATEMENT
COUNTY TAX COLLECTOR AND
REDEMPTION OFFICER'S CERTIFICATE
80 LOOP ROAD
ADJUSTED
PARCEL B
ROLLING HILLS DRIVE RIO DEL MAR
JUNEGRASS COURT
CAPRI COURT
JUNEGRASS STREET
BALSA COURT
BRISA COURT
PEWTER COURT
JUNEGRASS STREET DATURA STREET
PEWTER STREET
CARTIER STREET
3 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
JOB NO. 1217-062 SHEET OF 8
BASIS OF BEARINGS:
LEGEND
REFERENCES:
81 RIO DEL MAR
LOOP ROAD
84 82
83 81
85 86
88 87
89 90 91
93 92
94 5 6
7 8
129 138 139 140 141 142 143 144 145
112 117 118 119 120 121 122 123 124
133
108
130
109
131
110
132
111
135
114
134
113
136
115
137
116
146 147 148 149
125 126 127 128
150
191 192 193 194 195
171 172 168 169 170
182 190
151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 173 174 175 176 177 178 179 180 181 183 184 185 186 187 188 189 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219
PARCEL F
JUNEGRASS COURT
CAPRI COURT
JUNEGRASS STREET
BALSA COURT
BRISA COURT
PEWTER COURT DATURA STREET PEWTER STREET
CARTIER STREET DATURA STREET
CARTIER STREET CARTIER COURT
ERICSON COURT
GOLDBACK COURT
ERICSON STREET
GOLDBACK STREET
4 100'
GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
5 SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
JOB NO. 1217-062 SHEET OF 8
BASIS OF BEARINGS:
LEGEND
REFERENCES:
82 PEWTER STREET
CARTIER STREET
SEE SHEET 7 SEE SHEET 6
151 152 153 154 155 156 157 158 159 160 161
129 138 139
112 117 118
133
108
130
109
131
110
132
111
135
114
134
113
136
115
137
116
ERICSON STREET
CARTIER STREET
5 40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
BASIS OF BEARINGS:
LEGEND
REFERENCES:
JOB NO. 1217-062 SHEET OF 8
83 SEE SHEET 5
SEE SHEET 8
140 141 142 143 144 145
119 120 121 122 123 124
146 147 148 149
125 126 127 128
150
171 172 162 163 164 165 166 167 168 169 170 PARCEL F
CARTIER STREET
ERICSON STREET
CARTIER COURT
ERICSON COURT DATURA STREET
6 40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
BASIS OF BEARINGS:
LEGEND
JOB NO. 1217-062 SHEET OF 8
REFERENCES:
84 BALSA COURT BRISA COURT
PEWTER STREET
196 197 198 199 200 201 202 203 204 205 206
173 174 175 176 177 178 179 180 181 182 183 184 SEE SHEET 8 SEE SHEET 5
JUNEGRASS STREET
GOLDBACK STREET
PEWTER COURT
7 40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
BASIS OF BEARINGS:
LEGEND
JOB NO. 1217-062 SHEET OF 8
REFERENCES:
85 BRISA COURT CAPRI COURT
185 186 187 188 189 190 191 192 193 194 195
207 208 209 210 212 213 214 215 216 217 218 219 211
PARCEL F SEE SHEET 7
SEE SHEET 6
JUNEGRASS STREET
GOLDBACK STREET DATURA STREET
GOLDBACK COURT
JUNEGRASS COURT DATURA STREET
8 40'
GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
SCALE: 1" =
CONSISTING OF 8 SHEETS
BEING A SUBDIVISION OF ADJUSTED PARCEL B AS
DESCRIBED IN CORPORATION GRANT DEED RECORDED AS
SERIES NO. 2021-0036439, OFFICIAL RECORDS NAPA COUNTY
BEING A PORTION OF SECTION 24, T.4W., R.4W., M.D.B.&M.
APN : 059-430-013 (PORTION), 059-430-015, AND 059-430-016 (PORTION) 112 LOTS, AND 1 PARCEL, 12.85± AC.
CITY OF AMERICAN CANYON, NAPA COUNTY, CALIFORNIA
FEBRUARY 2022
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916)788-4456
WATSON RANCH
LOT 10 FINAL MAP - PHASE 2
BASIS OF BEARINGS:
LEGEND
JOB NO. 1217-062 SHEET OF 8
REFERENCES:
86 February 23, 2022
1 SUBDIVISION IMPROVEMENT AGREEMENT
REGARDING THE WATSON RANCH
FINAL MAP FOR PHASE 1 OF LOT 10
This “Subdivision Improvement Agreement” (also “Agreement” or “SIA”), dated this __ th day
of February, 2022 (“Effective Date”), is entered into by and between the City of American Canyon, a California municipal corporation ("City"), and McGrath Properties American Canyon, LLC, a California limited liability company, William P. Jaeger Ill And Colleen M. Jaeger, Trustees of the Jaeger Family Living Trust, Leah E. Jaeger, an unmarried woman, William P. Jaeger IV And Leanne Hope Cullen Jaeger, husband and wife, John F. Jaeger and Joanne S. Jaeger, Trustees of the John F. And Joanne S. Jaeger Revocable Trust, Christian M. Jaeger and Joanne S.Jaeger, Trustees of the Christian M. Jaeger Irrevocable Trust, JamCan LLC, a Delaware Limited Liability Company, Jeffrey L. Jaeger and Kristen S. Jaeger, Trustees of the Lolly Rancher Irrevocable Trust Of 2019, Lolly Rancher, LLC, a California Limited Liability Company, Thomas Nathaniel Heydorff and Alexandra Jaeger Heydorff, CoTrustees of the Jaegerdorff Family Trust dated December 13, 2021, Maximilian C. Jaeger and Rebecca Routs, Trustees of the Jaeger-Routs Family Trust, and Harrison S. Bell and Lizette J. Bell, Trustees of the Bell Family Trust, as tenants-in-common (collectively “Developer” or “Applicant”), pursuant to the California Subdivision Map Act, and pursuant to City’s police powers under Article XI, section 7 of the California Constitution. City and Developer are, from time to time, hereinafter referred to in this Subdivision Improvement Agreement individually as a “Party” and collectively as the “Parties.” NOW, THEREFORE, based on the following facts, understandings, and intentions of the Parties, and in consideration of the mutual covenants and promises contained herein and other considerations, the value and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
RECITALS
A. The preceding Preamble is true and correct, is a part of this Subdivision Improvement Agreement, and the terms defined in the Preamble are used throughout this Subdivision Improvement Agreement.
B. The “Property” to which this Subdivision Improvement Agreement applies is “Phase 1” of that property set forth in the Vesting Tentative Subdivision Map for Watson Ranch Phase Lot 10 (PL21-0013; APN 059-430-015 and 059-430-016) (also referred to herein as “VTM 10” or “Lot 10,” and sometimes referred to herein as the “Property”) to ultimately subdivide Large Lot 10 (approximately) into 219 house lots and 6 parcels (through two phases), was approved as shown on VTM 10 prepared by Carlson, Barbee & Gibson, revised through August, 2021, consisting of multiple sheets, marked “Exhibit C” to the Resolution approving Watson Ranch Lot 10 VTM, and on file in the City Community Development Department. This SIA applies to the “Phase 1” Final Map for the Lot 10 Property. The Phase 1 portion of the Property is also referred to in this Subdivision Improvement Agreement as the “Project.” The Phase 1 Final Map is also referred to herein as the “Final Map” of “Final Maps(s).” 87 February 23, 2022
2 C. The Property is subject to the July 18, 2019 "Development Agreement," as that Development Agreement may be assigned by an Assignment Agreement. The City has adopted Mitigation Measures (“Mitigation Measures”), Master Conditions of Approval (“Master Conditions”) and Specific Conditions of Approval (“Specific Conditions”) applicable to the development of the Property. All such relevant requirements are often collectively referred to herein as “Conditions of Approval” (also referred to in this Subdivision Improvement Agreement individuals as a “COA” or collectively as “COAs”), and are set forth in, and/or incorporated by reference into, this Subdivision Improvement Agreement. The definitions set forth in the Development Agreement, Mitigation Measures, Master Conditions, and Specific Conditions are hereby incorporated by this reference as if set forth herein in full.
E. When interpreting whether a Condition of Approval set forth in or refenced by this Subdivision Improvement Agreement is relevant and applicable, such relevance and applicability shall be determined by whether the text of the Condition of Approval requires performance prior to recordation of the applicable Final Map, and/or requires performance as part of the recordation of the applicable Final Map, and/or requires performance during the “Term” of this Subdivision Improvement Agreement, which Term is described herein.
APPLICABLE CONDITIONS OF APPROVAL
1. Specific Conditions. All relevant and applicable Specific Conditions for Lot 10 Master Conditions shall apply during this Subdivision Improvement Agreement for Lot 10 Phase 1. Only those Lot 10 Specific Conditions that are applicable regarding the recordation of the Final Map, and/or are applicable as part of the activity to occur pre-recordation of the Final Map, and/or are applicable as part of the activity to occur during the Term of the Subdivision Improvement Agreement are hereby made a part of this Subdivision Improvement Agreement for Lot 10 Phase
1. Additionally, through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor(s) may determine rights and obligations regarding the satisfaction of the Specific Conditions and Master Conditions set forth in this Subdivision Improvement Agreement for Lot 10 Phase 1.
Specific
Condition Developer Obligations Implementation Status
2. The Master Conditions adopted for the AC-1 Portion of the Watson Ranch Specific Plan are attached hereto and incorporated herein by this reference as if set forth herein in full, and shall apply to the Project where relevant, i.e., where such Master Conditions set general principles applicable to all Parcels comprising the AC-1 portion of the Watson Ranch Specific Plan, and/or where such Master Conditions set specific requirements relating to Lot 10, which Lot 10 comprises the land within the Watson Ranch Lot 10 VTM. Through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor may determine rights and obligations regarding the satisfaction of the Specific Conditions and Master Conditions set forth in this Subdivision Improvement Agreement for Lot 10 Phase 1.
Execution of
SIA
Applicable
3. Development of the subdivision and the individual lots comprising Watson Ranch Lot 10 VTM shall be subject to the Watson Ranch Lot 10 Residential Design Guidelines, on file in the Community Development Department.
Building Permit Applicable
88 February 23, 2022
3 4. Watson Ranch Lot 10 VTM shall have that life set forth in the Watson Ranch Specific Plan Development Agreement (Development Agreement).
Final Map Applicable
5. Applicant shall defend, indemnify, and hold harmless the City of American Canyon, its elected and appointed officials, employees, volunteers, and legal counsel, as set forth in the Development Agreement.
Final Map Applicable
6. Applicant shall be responsible for paying for charges related to the processing of Watson Ranch Lot 10 VTM as set forth in the Development Agreement.
Final Map Applicable
7. Street names within Watson Ranch Lot 10 VTM shall be subject to City review and approval prior to recordation of the Final Map.
Final Map Applicable
8. Compliance of the Project with City’s Inclusionary Housing Requirements is as set forth in the Development Agreement.
Sale of Parcel
24 Completed/Satisfied
9. Applicant shall make all public dedications shown on Watson Ranch Lot 10 VTM through the Final Map, and City shall accept those public dedications.
Recordation Applicable
10. Prior to the approval of the Final Map, the applicant shall provide a landscaping strip along the north side of Rio Del Mar to compliant with the Watson Ranch Specific Plan and reviewed and found satisfactory by the Community Development Director.
Final Map Applicable
11. Prior to the approval of the Final Map, the applicant shall provide a fence or wall along the north side of Rio Del Mar to be reviewed and found satisfactory by the Community Development Director.
Final Map Applicable
Public Works Conditions
GENERAL CONDITIONS OF APPROVAL
Specific
Condition Developer Obligations Implementation Status
12. Applicant’s responsibility for fees and costs relating to Final Map check, Improvement Plans check, inspections, and all other related City acts shall be as set forth in the Development Agreement.
Relevant City Act Applicable
13. All improvements shall be designed in accordance with the City’s American Canyon Municipal Code (ACMC), Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these Specific Conditions or the Development Agreement.
Relevant SIA,
Building Permits,
Certificates of
Occupancy
Applicable
14. All proposed new utilities to serve the Project, both on-site and along Project frontages, shall be placed underground. Exceptions may be allowed for surface mounted transformers, pedestal mounted terminal boxes, and meter cabinets.
SIA Applicable
15. Unless otherwise explicitly permitted by the Development Agreement, all existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Napa County Department of Environmental Services or other designated agency. If there are none, the Project engineer shall provide a letter describing the scope of the search done to make this determination.
Relevant Permit Applicable
16. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review. The report shall address, at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk. The improvement plans shall incorporate all design and construction criteria recommended in the Geotechnical Report.
Improvement Plans
Submittal
Applicable
17. A Drainage Report prepared by a California Registered Civil Engineer shall be submitted for review with the initial submittal of the Improvement Plans. The Drainage Report shall include hydrologic and hydraulic calculations to support Improvement Plans
Submittal
Applicable
89 February 23, 2022
4 the design and sizing of all public and private drainage facilities including storm drains, detention facilities, and weirs. The report shall include hydraulic grade line profiles for all proposed storm drains for the 10-year, 25-year and 100-year storm events.
18. A detailed Post-Construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction stormwater treatment BMPs shall be prepared and submitted for review approval. The Plan shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ).
Improvement Plans
Submittal
Applicable
19. A Post Construction Stormwater Operations and Maintenance Plan that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be submitted for review and approval by the City Engineer. Once approved, the Applicant shall enter into an agreement (transferrable to future Homeowner’s Association) with the City that provides the terms, conditions, and security associated with the ongoing requirements of the Post Construction Stormwater Best Management Practices.
Improvement Plans
Submittal
Applicable
20. Final Map(s), as defined in the Subdivision Map Act, shall be prepared by a licensed surveyor or civil engineer. Final Map(s) shall show all lots, parcels, rights-of-way, and easement(s), and shall be submitted to the City Engineer for review. Final Map(s) shall be in substantial conformance with the approved Watson Ranch Lot 10 VTM and all applicable Conditions of Approval. Final Map(s) shall be approved by the City and recorded with the Napa County Recorder. Closure calculations shall be provided at the time of each initial Final Map submittal. All calculated points within the Final Map(s) shall be based upon one common set of coordinates. All information shown on the Final Map(s) shall be directly verifiable by information shown on the closure calculation printout. The point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the Final Map(s) and shall be verifiable from information shown on the closure calculation printout. A current title report shall be submitted at the time of each initial Final Map submittal.
Final Map
Approval and
Recordation
Applicable
21. Where relevant, Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite Public Improvements, pursuant to the Development Agreement. Public rights-of-way and easements shall be dedicated to the City on the Final Map or granted by separate instrument, all pursuant to the Development Agreement. If granted by separate instrument, Applicant shall prepare all necessary legal descriptions and deeds.
Final Map
Dedication and
Recordation
Applicable
22. To the extent any offsite Public Improvements require the acquisition of property not currently owned by Applicant or the City, the Development Agreement shall apply, and if the Development Agreement does not address the issue, the California Subdivision Map Act shall apply.
Final Map
Submitted
Applicable
23. Applicant shall transmit by certified mail a copy of Watson Ranch Lot 10 VTM to each public entity or public utility that is an easement holder of record on the land comprising the Final Map.
Pre Final Map
Recordation
Applicable
24. Applicant shall submit all site Improvement Plans, prepared by a registered Civil Engineer, for review and approval of the City. Please be aware that this is separate submittal from the building permit application. The final plan set shall include all civil, landscape and joint trench drawings under a single cover sheet.
Applicant shall submit a Rough Grading Plan for all phases for review and approval of the City. Rough Grading Plan approval and site grading may Improvement Plans
Submittal
Applicable
90 February 23, 2022
5 commence prior to Improvement Plan and Final Map approval. An Encroachment Permit shall be required for any work within City right of way, unless explicitly not required by the City.
25. All Public Improvements, including without limitation street, water mains, sewer mains, recycled water facilities, and storm drains shall be clearly labeled as "Public" on the Improvement Plans, along with clear demarcation points where they become Public. Likewise, all Private Improvements, including without limitation, retention basins, shall be clearly labeled as "Private " on the Improvement Plans, along with clear demarcation points.
Improvement Plans
Submittal
Applicable
26. Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices and other metal appurtenances, regardless of the findings of any soils corrosivity analysis. Cathodic protection details shall be included in the Improvement Plans.
During Construction Applicable
27. All public water service laterals or services (domestic, recycled and fire water) shall include approved backflow prevention devices.
During Construction Applicable
28. Applicant shall keep adjoining public streets free and clean of Project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
During Construction Applicable
29. If any hazardous material is encountered during any construction, all construction work shall immediately stop, and the Fire Department, Napa County Department of Environmental Services, or other designated agency, and the City Inspector, shall be notified immediately. Construction work shall not recommence until clearance has been issued by appropriate agencies.
During Construction Applicable
30. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed, and service connections stubbed out behind the sidewalk. All public utilities, cable TV, sanitary sewers, and water lines, shall be installed in a manner that, where possible, will not result in disturbing the street pavement, curbs, gutters, and sidewalks when future service connections or extensions are made.
During Construction Applicable
31. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details shall be provided to the City for review and approval prior to construction.
During Construction Applicable
32. All new fire hydrants shall be covered with burlap coverings until the hydrants have been tested and found to be in conformance with City flow requirements.
No storage of combustible materials or construction of building(s) shall be permitted on-site until all hydrants meet City flow requirements, or until alternative fire protection measures are in place, as determined by the City.
Pre- and during
construction
Applicable
33. Prior to placing the final lift of asphalt, all public storm drains and sanitary sewer lines shall be video inspected at Applicant's expense. All video tapes shall be submitted to the City. If any inadequacies are found by City, such inadequacies shall be repaired prior to the placement of the final lift of asphalt.
Prior to placing
the final lift of
asphalt
Applicable
34. All streets, curbs, gutters, sidewalks, or other public facilities damaged in the course of construction associated with the Project shall be the responsibility of Applicant and shall be repaired to the satisfaction of the City, at Applicant's expense.
During and post
Construction
Applicable
35. After all of the new underground utilities within public streets have been installed, where necessary, the affected areas shall be milled and repaved to SIA Applicable
91 February 23, 2022
6 present a neat, finished pavement area. Multiple trench patches are not acceptable.
36. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ) and Applicant's Storm Water Pollution Prevention Plan (SWPPP). All stormwater BMP's shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD), Qualified SWPPP Practitioner (QSP), and the City Engineer.
Pre-Construction Applicable
37. Construction and grading activities on the site shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturday. Work on Sunday and holidays shall require approval from the City Engineer. If Sunday and/or holiday work is approved, construction and grading activities on the site shall be limited to the hours between 10:00 a.m. and 6:00 p.m. on Sundays and State and Federal holidays.
Any Construction
and Grading
Activity
Applicable
38. In accordance with the Development Agreement, City shall execute any and all Will-Serve Letter(s) and Water Supply Report(s) that will quantify the new potable water demand for the proposed development and will identify the necessary mitigation for the development’s demands with "wet-water" offsets with one or more of the options set forth in the Development Agreement.
Relevant Permit Applicable
39. All Public Improvement landscaping shall be designed to use recycled water for irrigation. Recycled water landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design details to prevent runoff of recycled water. The irrigation system shall include an ET/SMART controller.
Improvement Plans
Submittal
Applicable
40. With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than American Canyon potable water sources. The Applicant shall provide verification that an outside source of construction water, e.g., recycled water, has been established and will be available for the duration of the project construction.
During Construction Applicable
SPECIAL CONDITIONS OF APPROVAL
Specific
Condition
Developer Obligation Implementation Status
41. Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with Watson Ranch Lot 10 VTM (Sheets TM-1 through TM-8), prepared by CBG Civil Engineers dated July 19, 2021, except as modified by these conditions. This shall be a single set of improvement plans for all of the improvements in all phases.
Improvement Plans
Submittal
Applicable
42. All on-site (defined as within the boundaries of Watson Ranch Lot 10 VTM) and off-site (defined as outside the boundaries of Watson Ranch Lot 10 VTM) Public Improvements constructed by Developer shall be dedicated to, and accepted, operated, and maintained by, City.
Final Map
Recommendation;
Relevant
Acceptance
Applicable
43. Applicant shall construct all of the on-site and off-site Public Improvements as shown on Watson Ranch Lot 10 VTM); although, construction may be phased to correspond with the boundaries of each Final Relevant Approval Applicable
92 February 23, 2022
7 Map. Loop Road and Rio Del Mar improvements, including the improvements fronting Watson Ranch Lot 10 VTM, will be constructed by Master Developer.
44. Applicant shall construct all of the on-site and off-site Private Improvements as shown on Watson Ranch Lot 10 VTM.
Relevant Approval Applicable
45. Applicant shall construct all of the on-site and off-site Public Improvements as shown on Watson Ranch Lot 10 VTM except as modified below:
a. The 4” beveled curb and gutter shown on Sections A-A, B-B and E-E in Sheet TM-2.1 does not meet City Standards and is not acceptable.
Improvement Plans shall show 6” curb and gutter conforming to City Standard 3.06 and 3.07.
b. It is acceptable not to show driveway locations in the interim, but it would need to be detailed in the Improvement Plans conforming to City Standards or custom designed to fit within constraints. CBG shall coordinate with the City on the final configuration of the driveway. c. Redesign the east curb ramps along Street F in the intersections of Court G and Court H to eliminate sidewalk taper.
d. Cul-de-sacs at end of Courts A, D, E and F shall conform to City Standard
3.03. Otherwise, provide a letter from Recology that non-standard cul-desac is acceptable in terms of collection truck movement. Additionally, the Design and Construction Request shall be approved by the Public Works Director.
e. The proposed domestic water main in Court C shall be extended south through Parcel B and tied into the water main in Rio Del Mar. f. The EVAs shall be paved with an asphalt concrete surface or with an alternative pavement surface as approved by the City Engineer.
Relevant Approval Applicable
46. Prior to the submittal of any Improvement Plans, Applicant shall:
a. Submit the City's "Improvement Plan Checklist" to City. b. Be responsible for Improvement Plan check services, as set forth in the Development Agreement.
c. Provide the following:
(1) Public Street Repair Plan
(2) Utility Plan and Joint Trench Plan
(3) Construction Storm Water Pollution Prevention Plan (SWPPP) (4) Drainage Report
(5) Post-Construction Stormwater Runoff Management Plan (SRMP) (6) Geotechnical Report
(7) Soil Corrosivity Analysis
(8) Construction Traffic Control Plan.
Prior to the
submittal of
any
Improvement
Plans
Applicable
47. Prior to approval of the Improvement Plans, the Applicant shall:
a. Provide written acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report.
b. Furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans.
c. Fill out and submit the City’s Erosion and Sediment Control Template. d. Furnish proof that all permits that may be required by the California Department of Fish & Wildlife, State and Regional Water Quality Control Board, US Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained.
Prior to
approval of
Improvement
Plans
Applicable
93 February 23, 2022
8 e. Submit a copy of the Notice of Intent and WDID# for coverage under the State Water Resources Control Board' General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ).
48. Unless otherwise specified in the Development Agreement, prior to commencement of construction activities, Applicant shall:
a. Pay off all current account balances with the City of American Canyon. b. Pay any inspection fees pursuant to the Development Agreement. c. Conduct a pre-construction meeting with representatives of the City whereby Applicant, the Legally Responsible Party (LRP), Qualified SWPPP Practitioner (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
(1) Six (6) full-size bond copies of the approved Improvement Plans for the City's use.
(2) One (1) job-site copy of the latest edition of the City Standards for the Contractor use.
(3) One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor.
Prior to
Commencement of
Construction
Applicable
49. The Watson Ranch Lot 10 VTM states that multiple Final Map(s) may be filed and shows a preliminary phasing between Phase 1 and Phase 2 Final Map(s).
Prior to recordation of each Final Map, the Applicant shall:
a. Construct all of the Public and Private Improvements within that Final Map phase to the satisfaction of the City. Alternatively, the Applicant may enter into this Subdivision Improvement Agreement with the City agreeing to complete all of the Public and Private Improvements within that Final Map phase prior to Occupancy of the first unit on that Final Map. Such an Agreement will require the Applicant to provide bonds, proof of workers compensation insurance, and general liability insurance in the forms and amounts set forth in this SIA.
b. Generally, in substantial conformance with that which is shown on the approved Watson Ranch Lot 10 VTM, convey all easements and dedications, public and private, for the construction, use and/or maintenance of roads or other access, drainage facilities, utilities and postconstruction storm water management facilities on within each Final Map on said Final Map or by separate instruments. All dedications to the City shall be irrevocable offers of dedication. Specific public offers of dedication include:
i. Streets A though F and Courts A through I for public road and utility purposes.
ii. Approximately 0.83 acres of additional right-of-way for public road and utility purposes for the realigned Rio Del Mar.
iii. Parcels B though F in fee for emergency vehicle access and public access.
iv. Public utility easements (PUEs) as shown on the Watson Ranch Lot 10 VTM.
c. Vacate the existing 20-foot-wide public access easement along the north line of the Watson Ranch Lot 10 VTM.
d. Dedicate by separate instrument for public road and utility purposes that portion of Street A lying within Watson Ranch Lot 8.
e. Furnish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119.
Applicable
94 February 23, 2022
9 50. Prior to release of Project Bonds, Applicant shall:
a. Submit an inspector's punch list indicating that all of the improvements are constructed to the satisfaction of the City Engineer. b. Restore all adjacent off-site road surfaces to pre-Project conditions. c. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report. d. Submit testing certification all backflow devices installed. e. Provide a bond and digital copy of the Improvement Plans and Rough Grading Plans that include all as-built or field changes, in digital AutoCAD (.dwg) compatible with the City's current version. f. Provide proof that all relevant Conditions of Approval have been satisfied.
g. Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed in substantial conformance with the approved Improvement Plans and City Standards.
h. Provide proof from the Architect of Record, Structural Engineer of Record and/or other design professionals who signed the building permit plan submittal indicating that all building improvements have been constructed in substantial conformance with relevant plans. i. Execute Post-Construction Stormwater Operations and Maintenance Agreement with the City.
j. Enter into a Recycled Water User’s Agreement with the City.
Prior to release
of project
Bond’s.
Applicable
GENERAL - FIRE
Specific
Condition
Developer Obligation Implementation Status
51. In accordance with the standard mitigation measures and conditions of approval set forth by the American Canyon Fire Protection District, the developer shall pay the Fire and Paramedic Impact Fee.
Issuance of Building
Permit
Applicable
52. Fire District plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair or a change in occupancy/use may impact the Project requirements, including but not limited to the installation of additional fire protection systems or components.
Relevant Permit Applicable
ACCESS - FIRE DEPARTMENT
Specific
Condition
Developer Obligation Implementation Status
53. Fire Apparatus Access Roads shall be designed in accordance with provisions set forth in the California Fire Code Chapter 5 and Appendix D as amended by the American Canyon Fire Protection District and the applicable Public Works Standard.
Pre-Construction Applicable
54. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. The final design of Pre-Construction Applicable
95 February 23, 2022
10 fire department access components shall be reviewed and approved by the Fire Chief prior to installation.
55. Fire apparatus access roads shall have an unobstructed minimum width of 20 feet (curb to curb) and a minimum unobstructed vertical clearance of 13’ 6”.
They shall have an all-weather paved surface capable of supporting a GVW of 71,000 pounds.
Pre-Construction Applicable
56. Access roads shall be completed with all-weather surfaces prior to the stockpiling of combustible materials or beginning combustible construction.
Pre-Construction Applicable
57. When required by the chief, fire apparatus access roads shall be designated as Fire Lanes and appropriate signs and/or markings installed in accordance with the California Vehicle Code and approved City standards.
Pre-Construction Applicable
PROTECTION - FIRE
Specific
Condition
Developer Obligation Implementation Status
58. Fire Protection systems shall be installed in accordance with provisions set forth in the California Fire Code as amended by the American Canyon Fire Protection District and the applicable National Fire Protection Association Standard.
Relevant Permit Applicable
59. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit.
Building Permit Applicable
60. An approved water supply capable of supplying the required fire flow for fire protection systems shall be provided to all premises upon which facilities or buildings are hereby constructed or moved into or within the City. Required fire flow and hydrant distribution shall be in accordance with Appendix B and C of the California Fire Code.
Relevant Permit Applicable
61. All required inspection testing and maintenance of the water delivery system including hydrants and valves shall meet the standards adopted by the California State Fire Marshal and the American Canyon Fire Protection District including but not limited to the most current adopted editions of the California Code of Regulations Title 24, Part 9 (California Fire Code) and adopted NFPA Standards.
SIA Applicable
CONSTRUCTION - FIRE
Specific
Condition
Developer Obligation Implementation;
Parcel #
Status
62. New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, city standards and nationally recognized standards.
Relevant Permit Applicable
63. Buildings undergoing construction shall maintain fire safety at all times.
Construction practices shall be in accordance with Chapter 14 of the California Fire Code. Hot work shall be performed in accordance with Chapter 26 of the California Fire Code.
During
Construction
Applicable
96 February 23, 2022
11 2. Master Conditions. All relevant Master Conditions shall apply during this Subdivision Improvement Agreement for Lot 10 Phase 1, including without limitation the following:
Master
COA # Developer Obligations Mechanism Implementation;Parcel #
1. .
These Master Conditions of Approval (“Master Conditions”) adopted by the City of American Canyon (“City”) relate only to the American Canyon I, LLC portion of the City’s Watson Ranch project (“Project”). American Canyon I, LLC shall also be referred to herein as “AC-1,” “Master Developer,” “Developer,” and/or “Applicant,” and shall include successors, as explained and controlled by the Development Agreement between the City and AC-1 (“Development Agreement”). Unless otherwise defined in these Master Conditions, terms and phrases used in these Master Conditions shall have that meaning set forth in the Development Agreement. The Development Agreement, as amended over time, shall control over these Master Conditions and any subsequent “Specific Conditions,” as described herein. These Master Conditions provide certain provisions of the Development Agreement. However, regardless of whether present or not in these Master Conditions, the entire Development Agreement, as amended over time, shall apply to, and control over, these Master Conditions.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
2. The Project’s “Large Lot Vesting Tentative Map” was approved and later recorded as the “Large Lot Final Map,” producing twenty-four (24) lots/parcels (“Large Lot Parcels”). Each of those Large Lot Parcels will be further subdivided over time creating additional lots/parcels. These Master Conditions apply to the Project, the large Lot Parcels, and all such subsequent subdivision map approvals. The idea behind these Master Conditions is to establish a consistent set of “rules” (Conditions of Approval) that can be used throughout the implementation of the Project, thereby ensuring certainty and efficiency.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
3. These Master Conditions also express certain requirements from the Watson Ranch Specific Plan.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
4. These Master Conditions also contain the relevant Mitigation Measures relating to the Project, including without limitation, the EIR’s Mitigation Monitoring and Reporting Program, as clarified, updated and refined by these Master Conditions to reflect implementation progress.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
5. These Master Conditions also contain requirements from the City's standard Subdivision Improvement Agreement (“SIA”) in order to streamline the future SIA process. Subsequent subdividing of the Project will involve SIAs, which SIAs will employ these Master Conditions.
SIA Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
6. In addition to these Master Conditions, “Specific Conditions of Approval” (also referred to as “Specific Conditions) resulting from the subsequent subdivision map approvals, Design Permit/Guidelines approvals, and/or other development approvals may be drafted and imposed on a Large Lot Parcel’s subsequent development. Such Specific Conditions may stand alone and be imposed in addition to these Master Conditions, and/or may be added to these Master Conditions over time. Any and all such Specific Conditions shall be subject to and controlled by these Master Conditions, Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
97 February 23, 2022
12 which Master Conditions shall be subject to, and controlled by, the Development Agreement. If a conflict arises between these Master Conditions, and/or any Specific Conditions and the express and/or implied provisions of the Development Agreement, as amended over time, the Development Agreement shall control.
Where possible, these Master Conditions describe the “Mechanism” for satisfying the Master Condition (for example, subdivision map approval, adopted Design Guidelines, etc.), the “Implementation” timing of the Master Condition (for example, Building Permit issuance), and the “Status” of such Master Condition performance (whether the requirement is still “Applicable, whether it has been “Completed,” etc.). Additionally, through subsequent “mapping” of a particular Large Lot Parcel pursuant to the Subdivision Map Act, listed Master Conditions applicable to that Parcel may be further organized into relevant Phases (phased final maps) of that Parcel, if applicable.
As used in these Master Conditions, a reference to “All” or “All Parcels” shall mean that the Master Condition is setting a general rule that applies to the development of any and all Large Lot Parcels. When these Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the Master Backbone Infrastructure (MBI) in question lies and/or abuts (and therefore the Parcel is responsible for the “Parcel’s MBI Portion”) is one of the “Applicable Parcels.”
7. As used in these Master Conditions, the following definitions shall apply. “SIA” shall mean the relevant/applicable “Subdivision Improvement Agreement.” “Major Backbone Infrastructure” work or “MBI” shall have that meaning provided by the Development Agreement. “Public Improvements” work shall mean infrastructure improvements to be constructed by Developer, and then dedicated to, accepted by, and opertated and maintained by, City. “Private Improvements” shall mean infrastructure improvements that shall be constructed by Developer and not be dedicated to, accepted by, and opertated and maintained by, City. “Improvement Plans” shall mean those improvement plans and specifications relating to MBI, Public Improvements, and/or Private Improvements. Developer shall obtain City approval of all Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work. All work on the relevant MBI, Public Improvements, and/or Private Improvements shall be performed by Developer at the places, at the grades, with the materials, and in the manner as shown on the City-approved Improvement Plans. Additionally, the phrase:
“Pre-Final Map, Final Map Recordation, Grading Permit, Construction Permit, Building Permit, Occupancy Permit” shall mean that the timing of performance of the particular Master Condition will be satisfied at one of those performance events, as will be determined by the Subsequent Approval.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
8. Unless otherwise set forth in these Master Conditions, or unless otherwise agreed to by City and Developer, each Parcel shall be responsible for the entirety of the design and construction of the “Master Backbone Infrastructure” (also “MBI”) of the Public Improvement for the geographic distance of the Parcel’s entire frontage on such MBI, and/or the entire geographic distance that such MBI traverses such Parcel (“Parcel’s MBI Portion”). For example, if the MBI in question is Rio Del Mar, then the Parcel in question shall be responsible for the design and construction of all of that portion of Rio Del Mar that traverses and/or abuts such Parcel, i.e., the “Parcel’s MBI Portion.” Such Parcel MBI Portion design and construction shall be to the “ultimate design” of the MBI in question, including without limitation, ultimate width, depth, curb, gutter, sidewalk, street lighting, landscaping, etc. City, Developer, and the owner/builder of the relevant Parcel (if different than Developer) may by mutual agreement refine the requirements of this Master Condition. Therefore, if the Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the MBI in question lies and/or abuts (and therefore the Applicable
Parcels
Parcel’s MBI
Portion
Reimburse
Pre-Final Map,
final map
recordation,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
98 February 23, 2022
13 Parcel is responsible for the “Parcel’s MBI Portion”) is one of the “Applicable Parcels.” If the MBI in question traverse and/or abuts more than one Parcel, then the responsibility of each such Parcels shall be determined (“Proportional Share”) and the first Parcel (of such Parcels) to develop shall be responsible for the design and construction of all of that portion of MBI and that traverses and/or abuts such first Parcel (i.e., the “Parcel’s MBI Portion”) and such first Parcel shall have the right to secure a Reimbursement Agreement from the City so that such first Parcel is reimbursed by such other Parcels for such other Parcels’ Proportional Share at such time when such other Parcel(s) would have otherwise been responsible to provide such MBI, or at such other time/or by such means as is mutually agreed to by City and Developer.
9. When Parcel-necessary infrastructure has not yet been brought to the physical (geographic) location of the Parcel in question to be developed (the “Relevant Parcel”), then the development of such Relevant Parcel shall require (unless otherwise agreed between City and Developer) that such Relevant Parcel shall provide and construct all of the MBI otherwise required of other Parcels (the Parcel MBI Portion of all such other Large Lot Parcels) over which the MBI is needed to traverse and/or abut in order to access the Relevant Parcel and bring and provide such Parcel-necessary infrastructure to the Relevant Parcel. In such a case, the Relevant Parcel shall have the right to secure a Reimbursement Agreement from the City so that the costs of such additional provision and construction by the Relevant Parcel of the MBI otherwise required of such other Parcels is reimbursed to the Relevant Parcel at such time as such other Parcel(s) would have otherwise been responsible to provide such infrastructure, or at such other time/or by such means as is mutually agreed to by City and Master Developer.
Relevant
Parcels
Parcel’s MBI
Portion
Reimburse
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
10. When a Large Lot Parcel is further subdivided, it shall have its own separate SIA and attached Exhibit(s) containing relevant Master Conditions and any other Specific Conditions, as described herein.
SIA
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
11. These Master Conditions apply to Developer, and Developer’s successors, as more specifically set forth in the Development Agreement, as amended over time.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
11.5 All MBI requirements regarding Lot 10 have been satisfied by separate agreement. Separate agreement.
Satisfied.
COA # Developer Obligations Implement. Status
46. At Developer’s expense, in a good and workmanlike manner, Developer shall furnish all required materials and labor for all of the relevant MBI shown on all Improvement Plans prepared by Developer’s engineer of record, and submitted to and approved by City.
SIA Applicable
47. Developer shall do all work and furnish all materials necessary to complete the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the approved Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work, or with any changes required or ordered by said City's SIA Applicable
99 February 23, 2022
14 Engineer for the relevant MBI, Public Improvements, and/or Private Improvements work, which, in his/ her reasonable opinion, are necessary or required to complete the relevant MBI, Public Improvements, and/or Private Improvements work. All construction work on the relevant MBI, Public Improvements, and/or Private Improvements work must be performed solely by licensed contractors, and the word "Developer" when used in this Agreement shall mean and include all such licensed contractors performing such construction on Developer's behalf or account.
48. Completion of the relevant MBI, Public Improvements, and/or Private Improvements work shall be accomplished within 24 months of the execution of the relevant SIA, subject to the Developer protections provided by the Development Agreement, and subject to extensions granted by City. Additionally, to the extent greater than the Developer protections provided by the Development Agreement, City shall extend the relevant SIA, as needed, in the event "good cause" is shown by Developer.
SIA Applicable
49. Developer shall replace or have replaced, repair or have repaired, as the case may be, or pay to the City, the entire cost of replacements or repairs, of any and all public and/or private (non-Developer) property damaged or destroyed by reason of any work done on the relevant MBI, Public Improvements, and/or Private Improvements work under the relevant SIA, whether such public property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, partnership or association, or by any person whomsoever, or by any combination of such owners. Such replacement and/or repair cost shall not exceed the cost of such property damage or destruction suffered.
SIA Applicable
50. Developer shall, at Developer's sole expense, obtain all necessary permits and licenses for the approval and construction of the relevant MBI, Public Improvements, and/or Private Improvements work, give all necessary notices, and pay all fees and taxes required. Developer shall furnish to City proof of having obtained required workers' compensation insurance coverage prior to commencing any relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
51. Developer shall ensure competent supervision of all relevant MBI, Public Improvements, and/or Private Improvements work at all times. The Developer, at Developer's expense, shall have a registered civil engineer establish the horizontal and vertical control survey, if necessary, to construct the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the plans and specifications for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
52. Developer shall at all times maintain proper facilities and provide safe access for inspection to all parts of the work on the relevant MBI, Public Improvements, and/or Private Improvements work, and to the shops wherein the work is in preparation, to assure that the relevant MBI, Public Improvements, and/or Private Improvements work shall be done in accordance with the approved Improvement Plans for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
53. Developer shall furnish to City all of the following prior to the issuance of a building permit (and/or "construction permit") for the MBI, Public Improvements, and/or Private Improvements work:
a) A surety bond or bonds in the amount equal to 100% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work, as security for the faithful performance of all the Prior to the
issuance of a
building
permit (and/or
"construction
permit") for
the MBI,
Applicable
100
February 23, 2022
15 provisions of the relevant SIA, including without limitation, the repair and reconstruction of defective work on the relevant MBI, Public Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$3,513,500] b) A surety bond or bonds in the amount equal to 50% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work, as security to guarantee payment in full of all persons who perform labor upon or furnish materials to be used in construction of the relevant MBI, Public Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$1,756,750]
c) A surety bond in the amount of 10% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work as security for the warrantee of all the provisions of the relevant SIA, including without limitation the repair and reconstruction of defective work provisions of such Agreement. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$351,350]
d) All surety bonds referenced shall be prepared on the standard forms provided by City and available from City's Engineer.
e) Consistent with the Development Agreement, other forms of surety – such as irrevocable letters of credit, cash deposits, savings account(s), certificate(s) payable to City, etc. - in a form equivalent to each said surety bonds may be proposed by Developer, and shall be accepted by City in place of such surety bonds described herein, provided such other form of surety is satisfactory to City's City Attorney, and provided that all legal expenses incurred by City in reviewing and approving said other forms of surety be paid by Developer.
f) Developer shall maintain such surety bonds and/or approved other form of surety in full force and effect consistent with the terms of the relevant SIA, including any extensions of time to such relevant SIA.
In the event Developer fails to meet the Developer obligation(s) for which the relevant surety bond or other form of approved surety was provided, then, contingent upon City having properly followed and exhausted the requirements of the Development Agreement, City shall have the right to call upon each such relevant surety bond or other approved form of surety to satisfy the Developer obligation(s) for which such relevant surety bond or other approved form of surety was provided to City.
Public
Improvements,
and/or Private
Improvements
work
54. Title to, and ownership of, all relevant MBI and/or Public Improvements which are to be delivered to City as shown on the Improvement Plans shall vest absolutely in City upon completion and acceptance of such relevant MBI and/or Public Improvements by City, which City shall accept.
SIA Applicable
55. If, within a period of one (1) year after final acceptance by City of any MBI and/or Public Improvements work performed under the applicable SIA, any such MBI and/or SIA Applicable
101
February 23, 2022
16 Public Improvement work fails to fulfill any of the requirements of such applicable SIA or the Improvement Plans referred to therein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any such failure regarding such MBI and/or Public Improvements work. Any dispute between City and Developer on this topic shall be addressed through the provisions of the Development Agreement.
City may, at its option, make the necessary repairs or replacements or perform the necessary work, again, with the provisions of the Development Agreement applying regarding the resolution of such City payment and actions. Likewise, City may, but shall not be required to and without limitation, draw upon the applicable surety bond or other approved form of security deposited by Developer and/or take such action as authorized under the relevant SIA and the Development Agreement.
56. Notwithstanding any other provision of an applicable SIA, neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under the applicable SIA.
SIA Applicable
57. Inspections, Improvement Plans review, and other services performed shall be pursuant to the Development Agreement.
SIA Applicable
58. The Development Agreement shall apply regarding all inspection, Improvement Plan review, and other services performed by City or others chosen by Developer after the execution of the relevant SIA.
SIA Applicable
59. In the event any notice of breach is given and surety is present, Developer's surety shall have the duty to take over and complete the work and the Public Improvements; provided, however, that if the surety, within ten (10) days after serving upon it such notice of breach, does not give City written notice of its intention to take over and complete the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any direct costs or damages occasioned City thereby, and, in such event, City without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor.
SIA Applicable
60. Developer shall not commence work under this SIA until Developer shall have obtained all insurance required under this SIA and such insurance shall have been reasonably approved by City as to form, amount, and carrier. A lapse in any required insurance coverage during this SIA shall be a breach of this SIA. Developer agrees that if the aforesaid insurance is not kept in full force and effect, City may terminate this SIA upon ten (10) days prior notice to Developer, unless Developer delivers evidence of insurance to City within such ten (10) day period.
SIA Applicable
61. Developer shall take out and maintain during the Term of this SIA such insurance as shall protect City, its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ and Developer and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Developer's or any sub-contractor's operations under this contract, whether such operations be by Developer or by anyone directly or indirectly employed by Developer.
SIA Applicable
62. The certificate or policy of insurance shall name the City (and such, other entities or individuals of the City as are indemnified under the contract, such as "... its elected and SIA Applicable
102
February 23, 2022
17 appointed officials, officers, directors, attorneys, agents, and employees...") as additional, or co-insureds with the Developer. The amounts of such insurance shall be as follows:
a) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death to any one person and subject to the same limit for each person in an amount not less than $1,000, 000 on account of any one occurrence;
b) Property Damage Insurance. In an amount of not less than $1,000,000 for damage to the property of each person on account of any one occurrence;
c) Comprehensive Automobile Liability. Bodily injury liability coverage of $1,000,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $1,000,000 for each accident.
d) Worker's Compensation Insurance. In the amounts required by law.
63. City shall not, nor shall any officer, agent or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the work specified in this Agreement prior to the completion, approval and/ or acceptance of the same; nor shall the City, nor any of its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them, thereof, be liable for any persons or property injured by reason of said work or by reason of the acts or omissions of the Developer, its officers, agents or employees, in the performance of said work. Prior to the completion, approval, or acceptance of the work, the Developer agrees to indemnify, defend and save harmless the City, its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from the Developer's operations or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services by any person pursuant to this Agreement, whether arising from activities of Developer or any of Developer's contractors, subcontractors or by persons directly or indirectly employed by or acting as agent for Developer or arising out of the use of any patent or patented article in the construction of said work. Developer agrees to, and shall upon request, promptly and fully defend City and its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of the activities hereinabove identified as being the responsibility of Developer.
SIA Applicable
64. Developer shall comply with all applicable provisions of the California Labor Code. SIA Applicable
65. Developer shall at all times from the effective date of this Agreement to the completion and acceptance of the Public Improvements by the City, give good and adequate warning of each and every dangerous condition caused by the construction of said Public Improvements and will protect the traveling public therefrom.
SIA Applicable
66. Developer warrants that it has control of the real property reserved, or needed for the installation of the Public Improvements, and the streets in which it is to be placed, as is necessary to allow it to carry out its obligations under this Agreement.
SIA Applicable
103
February 23, 2022
18 67. The acquisition price and costs and all other expenses of obtaining all easements required for the Public Improvements shall be paid by Developer. All necessary easements for the Public Improvements to be dedicated to City, if not already conveyed to City, shall be granted to City concurrently with the inspection and acceptance by the City of the relevant MBI, and/or Public Improvements.
SIA Applicable
68. All service connection charges for the Public Improvements to be constructed to serve said parcel(s) of real property shall be the amounts described in the Development Agreement.
SIA Applicable
69. Upon the provision of reasonable notice, the City, its officers, agents, and employees and the Surety upon any bond shall have the right from and after the date of the execution of the relevant SIA to enter upon said parcel of real property and any property where appurtenant easements are located for purposes of inspection and investigation at any and all reasonable times.
SIA Applicable
70. When relevant to the MBI and/or Public Improvements work, Developer shall retain and pay the cost of the Geotechnical Engineer of Record to perform all testing and reporting of items including but not limited to, rough grading, sub-grade preparation and compaction, concrete testing, and asphalt testing and compaction. Such reports shall be made available to City upon City’s request.
SIA Applicable
81. Developer shall retain and pay the cost of the Engineer of Record to certify the Private Improvements are constructed to their satisfaction and at the places, at the grades, with the materials and in the manner shown upon the plans and specifications therefor approved by the City' s Engineer.
SIA Applicable
3. Mitigation Measures. All relevant and applicable Mitigation Measures set forth in the Specific Conditions for Lot 10 and in the Master Conditions shall apply to this Subdivision Improvement Agreement for Lot 10 Phase 1. Only those Mitigation Measures that are applicable regarding the recordation of the Final Map, and/or are applicable as part of the activity to occur pre-recordation of the Final Map, and/or are applicable as part of the activity to occur during the term of the Subdivision Improvement Agreement are hereby made a part of this Subdivision Improvement Agreement for Lot 10 Phase 1. Additionally, through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor may determine rights and obligations regarding the satisfaction of the Mitigations Measures made a part of this Subdivision Improvement Agreement for Lot 10 Phase 1.
4. Sales and Use Taxes. When consistent with applicable law, American Canyon, California shall be the designated situs for which purchases or use occurs for equipment, fixture components, and construction materials for purposes of calculating and reporting sales and/or use taxes.
5. Term. Pursuant to Section 1.02(d) of the July 18, 2019 Development Agreement, this Subdivision Improvement Agreement shall have an initial Term of two (2) years from its Effective Date. Extensions of such two-year Term shall be allowed upon the showing of good cause. The existence of good cause shall be determined subject to the Development Agreement’s requirement of Good Faith and Fair and Expeditious Dealing.
6. Resolution Process. Notwithstanding any other provision of this Subdivision Improvement Agreement, if requested by Developer, the “Resolution Process” set forth in Section 104
February 23, 2022
19 2.03(b) of the July 18, 2019 Development Agreement shall apply to (a) any City claim of Developer breach of this Subdivision Improvement Agreement; or (b) any other dispute between Developer and City under this Subdivision Improvement Agreement.
7. Notices: Any notice, demand, request, consent, approval, or communication that either Party desires or is required to give to the other shall be in writing and either served personally or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight delivery service such as Federal Express or United Parcel Service, charges prepaid or charged to the sender's account.
Notices required to be given to City shall be addressed as follows:
City of American Canyon
Attention: Public Works Director/City Engineer
4381 Broadway, Suite 201
American Canyon, California 94503
And with copies to:
William D. Ross, Esq.
Law Office of William D. Ross
400 Lambert Street
Palo Alto, California 94306
Notices required to be given to Developer shall be addressed as follows:
McGrath Properties American Canyon, LLC
1001 42nd Street, Suite 200
Oakland, CA 94608
Attention: Terrence McGrath
Notices shall be deemed to be received and effective when: (i) personally delivered; (ii) one (1) day after the date of forwarding by overnight courier; or (iii) if mailed, three (3) days after the date of mailing. Notices required to be given any surety shall be addressed to its address shown on its bond or other instrument. Any Party and/or any surety may change such notice address by providing notice of such changed address in the notice manner required by this Section 6.
Thereafter, notices shall be addressed and transmitted to such new address.
8. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Development Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Subdivision Improvement Agreement shall be filed and heard in a court of competent jurisdiction in Napa County.
9. Waivers. Waiver of a breach or default under this Subdivision Improvement Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Subdivision Improvement Agreement.
10. Entire Agreement. This Subdivision Improvement Agreement may be executed in multiple originals, each of which is deemed to be an original. This Subdivision Improvement 105
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February 23, 2022
21 LEAH E. JAEGER, AN UNMARRIED WOMAN,
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
WILLIAM P. JAEGER IV AND LEANNE HOPE CULLEN JAEGER, HUSBAND
AND WIFE
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
JOHN F. JAEGER AND JOANNE S. JAEGER, TRUSTEES OF THE JOHN F.
AND JOANNE S. JAEGER REVOCABLE TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
CHRISTIAN M. JAEGER AND JOANNE S. JAEGER, TRUSTEES OF THE CHRISTIAN M. JAEGER IRREVOCABLE TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
JAMCANJJ, LLC, A DELAWARE LIMITED LIABILITY COMPANY
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
JEFFREY L. JAEGER AND KRISTEN S. JAEGER, TRUSTEES OF THE LOLLY RANCHER IRREVOCABLE TRUST OF 2019
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
[SIGNATURES CONTINUED ON NEXT PAGE]
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February 23, 2022
22 LOLLY RANCHER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
THOMAS NATHANIEL HEYDORFF AND ALEXANDRA JAEGER HEYDORFF, CO-TRUSTEES OF THE JAEGERDORFF FAMILY TRUST DATED DECEMBER 13, 2021
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
MAXIMILIAN C. JAEGER AND REBECCA ROUTS, TRUSTEES OF THE JAEGERROUTS FAMILY TRUST By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
HARRISON S. BELL AND LIZETTE J. BELL, TRUSTEES OF THE BELL FAMILY TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
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February 23, 2022
1 SUBDIVISION IMPROVEMENT AGREEMENT
REGARDING THE WATSON RANCH
FINAL MAP FOR PHASE 2 OF LOT 10
This “Subdivision Improvement Agreement” (also “Agreement” or “SIA”), dated this __ th day
of February, 2022 (“Effective Date”), is entered into by and between the City of American Canyon, a California municipal corporation ("City"), and McGrath Properties American Canyon, LLC, a California limited liability company, William P. Jaeger Ill And Colleen M. Jaeger, Trustees of the Jaeger Family Living Trust, Leah E. Jaeger, an unmarried woman, William P. Jaeger IV And Leanne Hope Cullen Jaeger, husband and wife, John F. Jaeger and Joanne S. Jaeger, Trustees of the John F. And Joanne S. Jaeger Revocable Trust, Christian M. Jaeger and Joanne S.Jaeger, Trustees of the Christian M. Jaeger Irrevocable Trust, JamCan LLC, a Delaware Limited Liability Company, Jeffrey L. Jaeger and Kristen S. Jaeger, Trustees of the Lolly Rancher Irrevocable Trust Of 2019, Lolly Rancher, LLC, a California Limited Liability Company, Thomas Nathaniel Heydorff and Alexandra Jaeger Heydorff, CoTrustees of the Jaegerdorff Family Trust dated December 13, 2021, Maximilian C. Jaeger and Rebecca Routs, Trustees of the Jaeger-Routs Family Trust, and Harrison S. Bell and Lizette J. Bell, Trustees of the Bell Family Trust, as tenants-in-common (collectively “Developer” or “Applicant”), pursuant to the California Subdivision Map Act, and pursuant to City’s police powers under Article XI, section 7 of the California Constitution. City and Developer are, from time to time, hereinafter referred to in this Subdivision Improvement Agreement individually as a “Party” and collectively as the “Parties.” NOW, THEREFORE, based on the following facts, understandings, and intentions of the Parties, and in consideration of the mutual covenants and promises contained herein and other considerations, the value and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
RECITALS
A. The preceding Preamble is true and correct, is a part of this Subdivision Improvement Agreement, and the terms defined in the Preamble are used throughout this Subdivision Improvement Agreement.
B. The “Property” to which this Subdivision Improvement Agreement applies is “Phase 2” of that property set forth in the Vesting Tentative Subdivision Map for Watson Ranch Phase Lot 10 (PL21-0013; APN 059-430-015 and 059-430-016) (also referred to herein as “VTM 10” or “Lot 10,” and sometimes referred to herein as the “Property”) to ultimately subdivide Large Lot 10 (approximately) into 219 house lots and 6 parcels (through two phases), was approved as shown on VTM 10 prepared by Carlson, Barbee & Gibson, revised through August, 2021, consisting of multiple sheets, marked “Exhibit C” to the Resolution approving Watson Ranch Lot 10 VTM, and on file in the City Community Development Department. This SIA applies to the “Phase 2” Final Map for the Lot 10 Property. The Phase 2 portion of the Property is also referred to in this Subdivision Improvement Agreement as the “Project.” The Phase 2 Final Map is also referred to herein as the “Final Map” of “Final Maps(s).” 109
February 23, 2022
2 C. The Property is subject to the July 18, 2019 "Development Agreement," as that Development Agreement may be assigned by an Assignment Agreement. The City has adopted Mitigation Measures (“Mitigation Measures”), Master Conditions of Approval (“Master Conditions”) and Specific Conditions of Approval (“Specific Conditions”) applicable to the development of the Property. All such relevant requirements are often collectively referred to herein as “Conditions of Approval” (also referred to in this Subdivision Improvement Agreement individuals as a “COA” or collectively as “COAs”), and are set forth in, and/or incorporated by reference into, this Subdivision Improvement Agreement. The definitions set forth in the Development Agreement, Mitigation Measures, Master Conditions, and Specific Conditions are hereby incorporated by this reference as if set forth herein in full.
E. When interpreting whether a Condition of Approval set forth in or refenced by this Subdivision Improvement Agreement is relevant and applicable, such relevance and applicability shall be determined by whether the text of the Condition of Approval requires performance prior to recordation of the applicable Final Map, and/or requires performance as part of the recordation of the applicable Final Map, and/or requires performance during the “Term” of this Subdivision Improvement Agreement, which Term is described herein.
APPLICABLE CONDITIONS OF APPROVAL
1. Specific Conditions. All relevant and applicable Specific Conditions for Lot 10 Master Conditions shall apply during this Subdivision Improvement Agreement for Lot 10 Phase 2. Only those Lot 10 Specific Conditions that are applicable regarding the recordation of the Final Map, and/or are applicable as part of the activity to occur pre-recordation of the Final Map, and/or are applicable as part of the activity to occur during the Term of the Subdivision Improvement Agreement are hereby made a part of this Subdivision Improvement Agreement for Lot 10 Phase
2. Additionally, through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor(s) may determine rights and obligations regarding the satisfaction of the Specific Conditions and Master Conditions set forth in this Subdivision Improvement Agreement for Lot 10 Phase 2.
Specific
Condition Developer Obligations Implementation Status
2. The Master Conditions adopted for the AC-1 Portion of the Watson Ranch Specific Plan are attached hereto and incorporated herein by this reference as if set forth herein in full, and shall apply to the Project where relevant, i.e., where such Master Conditions set general principles applicable to all Parcels comprising the AC-1 portion of the Watson Ranch Specific Plan, and/or where such Master Conditions set specific requirements relating to Lot 10, which Lot 10 comprises the land within the Watson Ranch Lot 10 VTM. Through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor may determine rights and obligations regarding the satisfaction of the Specific Conditions and Master Conditions set forth in this Subdivision Improvement Agreement for Lot 10 Phase 2.
Execution of
SIA
Applicable
3. Development of the subdivision and the individual lots comprising Watson Ranch Lot 10 VTM shall be subject to the Watson Ranch Lot 10 Residential Design Guidelines, on file in the Community Development Department.
Building Permit Applicable
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3 4. Watson Ranch Lot 10 VTM shall have that life set forth in the Watson Ranch Specific Plan Development Agreement (Development Agreement).
Final Map Applicable
5. Applicant shall defend, indemnify, and hold harmless the City of American Canyon, its elected and appointed officials, employees, volunteers, and legal counsel, as set forth in the Development Agreement.
Final Map Applicable
6. Applicant shall be responsible for paying for charges related to the processing of Watson Ranch Lot 10 VTM as set forth in the Development Agreement.
Final Map Applicable
7. Street names within Watson Ranch Lot 10 VTM shall be subject to City review and approval prior to recordation of the Final Map.
Final Map Applicable
8. Compliance of the Project with City’s Inclusionary Housing Requirements is as set forth in the Development Agreement.
Sale of Parcel
24 Completed/Satisfied
9. Applicant shall make all public dedications shown on Watson Ranch Lot 10 VTM through the Final Map, and City shall accept those public dedications.
Recordation Applicable
10. Prior to the approval of the Final Map, the applicant shall provide a landscaping strip along the north side of Rio Del Mar to compliant with the Watson Ranch Specific Plan and reviewed and found satisfactory by the Community Development Director.
Final Map Applicable
11. Prior to the approval of the Final Map, the applicant shall provide a fence or wall along the north side of Rio Del Mar to be reviewed and found satisfactory by the Community Development Director.
Final Map Applicable
Public Works Conditions
GENERAL CONDITIONS OF APPROVAL
Specific
Condition Developer Obligations Implementation Status
12. Applicant’s responsibility for fees and costs relating to Final Map check, Improvement Plans check, inspections, and all other related City acts shall be as set forth in the Development Agreement.
Relevant City Act Applicable
13. All improvements shall be designed in accordance with the City’s American Canyon Municipal Code (ACMC), Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these Specific Conditions or the Development Agreement.
Relevant SIA,
Building Permits,
Certificates of
Occupancy
Applicable
14. All proposed new utilities to serve the Project, both on-site and along Project frontages, shall be placed underground. Exceptions may be allowed for surface mounted transformers, pedestal mounted terminal boxes, and meter cabinets.
SIA Applicable
15. Unless otherwise explicitly permitted by the Development Agreement, all existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Napa County Department of Environmental Services or other designated agency. If there are none, the Project engineer shall provide a letter describing the scope of the search done to make this determination.
Relevant Permit Applicable
16. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review. The report shall address, at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk. The improvement plans shall incorporate all design and construction criteria recommended in the Geotechnical Report.
Improvement Plans
Submittal
Applicable
17. A Drainage Report prepared by a California Registered Civil Engineer shall be submitted for review with the initial submittal of the Improvement Plans. The Drainage Report shall include hydrologic and hydraulic calculations to support Improvement Plans
Submittal
Applicable
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4 the design and sizing of all public and private drainage facilities including storm drains, detention facilities, and weirs. The report shall include hydraulic grade line profiles for all proposed storm drains for the 10-year, 25-year and 100-year storm events.
18. A detailed Post-Construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction stormwater treatment BMPs shall be prepared and submitted for review approval. The Plan shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ).
Improvement Plans
Submittal
Applicable
19. A Post Construction Stormwater Operations and Maintenance Plan that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be submitted for review and approval by the City Engineer. Once approved, the Applicant shall enter into an agreement (transferrable to future Homeowner’s Association) with the City that provides the terms, conditions, and security associated with the ongoing requirements of the Post Construction Stormwater Best Management Practices.
Improvement Plans
Submittal
Applicable
20. Final Map(s), as defined in the Subdivision Map Act, shall be prepared by a licensed surveyor or civil engineer. Final Map(s) shall show all lots, parcels, rights-of-way, and easement(s), and shall be submitted to the City Engineer for review. Final Map(s) shall be in substantial conformance with the approved Watson Ranch Lot 10 VTM and all applicable Conditions of Approval. Final Map(s) shall be approved by the City and recorded with the Napa County Recorder. Closure calculations shall be provided at the time of each initial Final Map submittal. All calculated points within the Final Map(s) shall be based upon one common set of coordinates. All information shown on the Final Map(s) shall be directly verifiable by information shown on the closure calculation printout. The point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the Final Map(s) and shall be verifiable from information shown on the closure calculation printout. A current title report shall be submitted at the time of each initial Final Map submittal.
Final Map
Approval and
Recordation
Applicable
21. Where relevant, Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite Public Improvements, pursuant to the Development Agreement. Public rights-of-way and easements shall be dedicated to the City on the Final Map or granted by separate instrument, all pursuant to the Development Agreement. If granted by separate instrument, Applicant shall prepare all necessary legal descriptions and deeds.
Final Map
Dedication and
Recordation
Applicable
22. To the extent any offsite Public Improvements require the acquisition of property not currently owned by Applicant or the City, the Development Agreement shall apply, and if the Development Agreement does not address the issue, the California Subdivision Map Act shall apply.
Final Map
Submitted
Applicable
23. Applicant shall transmit by certified mail a copy of Watson Ranch Lot 10 VTM to each public entity or public utility that is an easement holder of record on the land comprising the Final Map.
Pre Final Map
Recordation
Applicable
24. Applicant shall submit all site Improvement Plans, prepared by a registered Civil Engineer, for review and approval of the City. Please be aware that this is separate submittal from the building permit application. The final plan set shall include all civil, landscape and joint trench drawings under a single cover sheet.
Applicant shall submit a Rough Grading Plan for all phases for review and approval of the City. Rough Grading Plan approval and site grading may Improvement Plans
Submittal
Applicable
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5 commence prior to Improvement Plan and Final Map approval. An Encroachment Permit shall be required for any work within City right of way, unless explicitly not required by the City.
25. All Public Improvements, including without limitation street, water mains, sewer mains, recycled water facilities, and storm drains shall be clearly labeled as "Public" on the Improvement Plans, along with clear demarcation points where they become Public. Likewise, all Private Improvements, including without limitation, retention basins, shall be clearly labeled as "Private " on the Improvement Plans, along with clear demarcation points.
Improvement Plans
Submittal
Applicable
26. Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices and other metal appurtenances, regardless of the findings of any soils corrosivity analysis. Cathodic protection details shall be included in the Improvement Plans.
During Construction Applicable
27. All public water service laterals or services (domestic, recycled and fire water) shall include approved backflow prevention devices.
During Construction Applicable
28. Applicant shall keep adjoining public streets free and clean of Project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
During Construction Applicable
29. If any hazardous material is encountered during any construction, all construction work shall immediately stop, and the Fire Department, Napa County Department of Environmental Services, or other designated agency, and the City Inspector, shall be notified immediately. Construction work shall not recommence until clearance has been issued by appropriate agencies.
During Construction Applicable
30. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed, and service connections stubbed out behind the sidewalk. All public utilities, cable TV, sanitary sewers, and water lines, shall be installed in a manner that, where possible, will not result in disturbing the street pavement, curbs, gutters, and sidewalks when future service connections or extensions are made.
During Construction Applicable
31. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details shall be provided to the City for review and approval prior to construction.
During Construction Applicable
32. All new fire hydrants shall be covered with burlap coverings until the hydrants have been tested and found to be in conformance with City flow requirements.
No storage of combustible materials or construction of building(s) shall be permitted on-site until all hydrants meet City flow requirements, or until alternative fire protection measures are in place, as determined by the City.
Pre- and during
construction
Applicable
33. Prior to placing the final lift of asphalt, all public storm drains and sanitary sewer lines shall be video inspected at Applicant's expense. All video tapes shall be submitted to the City. If any inadequacies are found by City, such inadequacies shall be repaired prior to the placement of the final lift of asphalt.
Prior to placing
the final lift of
asphalt
Applicable
34. All streets, curbs, gutters, sidewalks, or other public facilities damaged in the course of construction associated with the Project shall be the responsibility of Applicant and shall be repaired to the satisfaction of the City, at Applicant's expense.
During and post
Construction
Applicable
35. After all of the new underground utilities within public streets have been installed, where necessary, the affected areas shall be milled and repaved to SIA Applicable
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6 present a neat, finished pavement area. Multiple trench patches are not acceptable.
36. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ) and Applicant's Storm Water Pollution Prevention Plan (SWPPP). All stormwater BMP's shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD), Qualified SWPPP Practitioner (QSP), and the City Engineer.
Pre-Construction Applicable
37. Construction and grading activities on the site shall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturday. Work on Sunday and holidays shall require approval from the City Engineer. If Sunday and/or holiday work is approved, construction and grading activities on the site shall be limited to the hours between 10:00 a.m. and 6:00 p.m. on Sundays and State and Federal holidays.
Any Construction
and Grading
Activity
Applicable
38. In accordance with the Development Agreement, City shall execute any and all Will-Serve Letter(s) and Water Supply Report(s) that will quantify the new potable water demand for the proposed development and will identify the necessary mitigation for the development’s demands with "wet-water" offsets with one or more of the options set forth in the Development Agreement.
Relevant Permit Applicable
39. All Public Improvement landscaping shall be designed to use recycled water for irrigation. Recycled water landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design details to prevent runoff of recycled water. The irrigation system shall include an ET/SMART controller.
Improvement Plans
Submittal
Applicable
40. With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than American Canyon potable water sources. The Applicant shall provide verification that an outside source of construction water, e.g., recycled water, has been established and will be available for the duration of the project construction.
During Construction Applicable
SPECIAL CONDITIONS OF APPROVAL
Specific
Condition
Developer Obligation Implementation Status
41. Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with Watson Ranch Lot 10 VTM (Sheets TM-1 through TM-8), prepared by CBG Civil Engineers dated July 19, 2021, except as modified by these conditions. This shall be a single set of improvement plans for all of the improvements in all phases.
Improvement Plans
Submittal
Applicable
42. All on-site (defined as within the boundaries of Watson Ranch Lot 10 VTM) and off-site (defined as outside the boundaries of Watson Ranch Lot 10 VTM) Public Improvements constructed by Developer shall be dedicated to, and accepted, operated, and maintained by, City.
Final Map
Recommendation;
Relevant
Acceptance
Applicable
43. Applicant shall construct all of the on-site and off-site Public Improvements as shown on Watson Ranch Lot 10 VTM); although, construction may be phased to correspond with the boundaries of each Final Relevant Approval Applicable
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7 Map. Loop Road and Rio Del Mar improvements, including the improvements fronting Watson Ranch Lot 10 VTM, will be constructed by Master Developer.
44. Applicant shall construct all of the on-site and off-site Private Improvements as shown on Watson Ranch Lot 10 VTM.
Relevant Approval Applicable
45. Applicant shall construct all of the on-site and off-site Public Improvements as shown on Watson Ranch Lot 10 VTM except as modified below:
a. The 4” beveled curb and gutter shown on Sections A-A, B-B and E-E in Sheet TM-2.1 does not meet City Standards and is not acceptable.
Improvement Plans shall show 6” curb and gutter conforming to City Standard 3.06 and 3.07.
b. It is acceptable not to show driveway locations in the interim, but it would need to be detailed in the Improvement Plans conforming to City Standards or custom designed to fit within constraints. CBG shall coordinate with the City on the final configuration of the driveway. c. Redesign the east curb ramps along Street F in the intersections of Court G and Court H to eliminate sidewalk taper.
d. Cul-de-sacs at end of Courts A, D, E and F shall conform to City Standard
3.03. Otherwise, provide a letter from Recology that non-standard cul-desac is acceptable in terms of collection truck movement. Additionally, the Design and Construction Request shall be approved by the Public Works Director.
e. The proposed domestic water main in Court C shall be extended south through Parcel B and tied into the water main in Rio Del Mar. f. The EVAs shall be paved with an asphalt concrete surface or with an alternative pavement surface as approved by the City Engineer.
Relevant Approval Applicable
46. Prior to the submittal of any Improvement Plans, Applicant shall:
a. Submit the City's "Improvement Plan Checklist" to City. b. Be responsible for Improvement Plan check services, as set forth in the Development Agreement.
c. Provide the following:
(1) Public Street Repair Plan
(2) Utility Plan and Joint Trench Plan
(3) Construction Storm Water Pollution Prevention Plan (SWPPP) (4) Drainage Report
(5) Post-Construction Stormwater Runoff Management Plan (SRMP) (6) Geotechnical Report
(7) Soil Corrosivity Analysis
(8) Construction Traffic Control Plan.
Prior to the
submittal of
any
Improvement
Plans
Applicable
47. Prior to approval of the Improvement Plans, the Applicant shall:
a. Provide written acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report.
b. Furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans.
c. Fill out and submit the City’s Erosion and Sediment Control Template. d. Furnish proof that all permits that may be required by the California Department of Fish & Wildlife, State and Regional Water Quality Control Board, US Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained.
Prior to
approval of
Improvement
Plans
Applicable
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8 e. Submit a copy of the Notice of Intent and WDID# for coverage under the State Water Resources Control Board' General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ).
48. Unless otherwise specified in the Development Agreement, prior to commencement of construction activities, Applicant shall:
a. Pay off all current account balances with the City of American Canyon. b. Pay any inspection fees pursuant to the Development Agreement. c. Conduct a pre-construction meeting with representatives of the City whereby Applicant, the Legally Responsible Party (LRP), Qualified SWPPP Practitioner (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
(1) Six (6) full-size bond copies of the approved Improvement Plans for the City's use.
(2) One (1) job-site copy of the latest edition of the City Standards for the Contractor use.
(3) One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor.
Prior to
Commencement of
Construction
Applicable
49. The Watson Ranch Lot 10 VTM states that multiple Final Map(s) may be filed and shows a preliminary phasing between Phase 2 and Phase 2 Final Map(s).
Prior to recordation of each Final Map, the Applicant shall:
a. Construct all of the Public and Private Improvements within that Final Map phase to the satisfaction of the City. Alternatively, the Applicant may enter into this Subdivision Improvement Agreement with the City agreeing to complete all of the Public and Private Improvements within that Final Map phase prior to Occupancy of the first unit on that Final Map. Such an Agreement will require the Applicant to provide bonds, proof of workers compensation insurance, and general liability insurance in the forms and amounts set forth in this SIA.
b. Generally, in substantial conformance with that which is shown on the approved Watson Ranch Lot 10 VTM, convey all easements and dedications, public and private, for the construction, use and/or maintenance of roads or other access, drainage facilities, utilities and postconstruction storm water management facilities on within each Final Map on said Final Map or by separate instruments. All dedications to the City shall be irrevocable offers of dedication. Specific public offers of dedication include:
i. Streets A though F and Courts A through I for public road and utility purposes.
ii. Approximately 0.83 acres of additional right-of-way for public road and utility purposes for the realigned Rio Del Mar.
iii. Parcels B though F in fee for emergency vehicle access and public access.
iv. Public utility easements (PUEs) as shown on the Watson Ranch Lot 10 VTM.
c. Vacate the existing 20-foot-wide public access easement along the north line of the Watson Ranch Lot 10 VTM.
d. Dedicate by separate instrument for public road and utility purposes that portion of Street A lying within Watson Ranch Lot 8.
e. Furnish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119.
Applicable
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9 50. Prior to release of Project Bonds, Applicant shall:
a. Submit an inspector's punch list indicating that all of the improvements are constructed to the satisfaction of the City Engineer. b. Restore all adjacent off-site road surfaces to pre-Project conditions. c. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report. d. Submit testing certification all backflow devices installed. e. Provide a bond and digital copy of the Improvement Plans and Rough Grading Plans that include all as-built or field changes, in digital AutoCAD (.dwg) compatible with the City's current version. f. Provide proof that all relevant Conditions of Approval have been satisfied.
g. Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed in substantial conformance with the approved Improvement Plans and City Standards.
h. Provide proof from the Architect of Record, Structural Engineer of Record and/or other design professionals who signed the building permit plan submittal indicating that all building improvements have been constructed in substantial conformance with relevant plans. i. Execute Post-Construction Stormwater Operations and Maintenance Agreement with the City.
j. Enter into a Recycled Water User’s Agreement with the City.
Prior to release
of project
Bond’s.
Applicable
GENERAL - FIRE
Specific
Condition
Developer Obligation Implementation Status
51. In accordance with the standard mitigation measures and conditions of approval set forth by the American Canyon Fire Protection District, the developer shall pay the Fire and Paramedic Impact Fee.
Issuance of Building
Permit
Applicable
52. Fire District plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair or a change in occupancy/use may impact the Project requirements, including but not limited to the installation of additional fire protection systems or components.
Relevant Permit Applicable
ACCESS - FIRE DEPARTMENT
Specific
Condition
Developer Obligation Implementation Status
53. Fire Apparatus Access Roads shall be designed in accordance with provisions set forth in the California Fire Code Chapter 5 and Appendix D as amended by the American Canyon Fire Protection District and the applicable Public Works Standard.
Pre-Construction Applicable
54. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all buildings from an approved exterior route. The final design of Pre-Construction Applicable
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10 fire department access components shall be reviewed and approved by the Fire Chief prior to installation.
55. Fire apparatus access roads shall have an unobstructed minimum width of 20 feet (curb to curb) and a minimum unobstructed vertical clearance of 13’ 6”.
They shall have an all-weather paved surface capable of supporting a GVW of 71,000 pounds.
Pre-Construction Applicable
56. Access roads shall be completed with all-weather surfaces prior to the stockpiling of combustible materials or beginning combustible construction.
Pre-Construction Applicable
57. When required by the chief, fire apparatus access roads shall be designated as Fire Lanes and appropriate signs and/or markings installed in accordance with the California Vehicle Code and approved City standards.
Pre-Construction Applicable
PROTECTION - FIRE
Specific
Condition
Developer Obligation Implementation Status
58. Fire Protection systems shall be installed in accordance with provisions set forth in the California Fire Code as amended by the American Canyon Fire Protection District and the applicable National Fire Protection Association Standard.
Relevant Permit Applicable
59. Plans and calculations for all fire protection systems and features shall be submitted and approved prior to the issuance of a building permit.
Building Permit Applicable
60. An approved water supply capable of supplying the required fire flow for fire protection systems shall be provided to all premises upon which facilities or buildings are hereby constructed or moved into or within the City. Required fire flow and hydrant distribution shall be in accordance with Appendix B and C of the California Fire Code.
Relevant Permit Applicable
61. All required inspection testing and maintenance of the water delivery system including hydrants and valves shall meet the standards adopted by the California State Fire Marshal and the American Canyon Fire Protection District including but not limited to the most current adopted editions of the California Code of Regulations Title 24, Part 9 (California Fire Code) and adopted NFPA Standards.
SIA Applicable
CONSTRUCTION - FIRE
Specific
Condition
Developer Obligation Implementation;
Parcel #
Status
62. New buildings and additions to existing buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, city standards and nationally recognized standards.
Relevant Permit Applicable
63. Buildings undergoing construction shall maintain fire safety at all times.
Construction practices shall be in accordance with Chapter 14 of the California Fire Code. Hot work shall be performed in accordance with Chapter 26 of the California Fire Code.
During
Construction
Applicable
118
February 23, 2022
11 2. Master Conditions. All relevant Master Conditions shall apply during this Subdivision Improvement Agreement for Lot 10 Phase 2, including without limitation the following:
Master
COA # Developer Obligations Mechanism Implementation;Parcel #
1. .
These Master Conditions of Approval (“Master Conditions”) adopted by the City of American Canyon (“City”) relate only to the American Canyon I, LLC portion of the City’s Watson Ranch project (“Project”). American Canyon I, LLC shall also be referred to herein as “AC-1,” “Master Developer,” “Developer,” and/or “Applicant,” and shall include successors, as explained and controlled by the Development Agreement between the City and AC-1 (“Development Agreement”). Unless otherwise defined in these Master Conditions, terms and phrases used in these Master Conditions shall have that meaning set forth in the Development Agreement. The Development Agreement, as amended over time, shall control over these Master Conditions and any subsequent “Specific Conditions,” as described herein. These Master Conditions provide certain provisions of the Development Agreement. However, regardless of whether present or not in these Master Conditions, the entire Development Agreement, as amended over time, shall apply to, and control over, these Master Conditions.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
2. The Project’s “Large Lot Vesting Tentative Map” was approved and later recorded as the “Large Lot Final Map,” producing twenty-four (24) lots/parcels (“Large Lot Parcels”). Each of those Large Lot Parcels will be further subdivided over time creating additional lots/parcels. These Master Conditions apply to the Project, the large Lot Parcels, and all such subsequent subdivision map approvals. The idea behind these Master Conditions is to establish a consistent set of “rules” (Conditions of Approval) that can be used throughout the implementation of the Project, thereby ensuring certainty and efficiency.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
3. These Master Conditions also express certain requirements from the Watson Ranch Specific Plan.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
4. These Master Conditions also contain the relevant Mitigation Measures relating to the Project, including without limitation, the EIR’s Mitigation Monitoring and Reporting Program, as clarified, updated and refined by these Master Conditions to reflect implementation progress.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
5. These Master Conditions also contain requirements from the City's standard Subdivision Improvement Agreement (“SIA”) in order to streamline the future SIA process. Subsequent subdividing of the Project will involve SIAs, which SIAs will employ these Master Conditions.
SIA Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
6. In addition to these Master Conditions, “Specific Conditions of Approval” (also referred to as “Specific Conditions) resulting from the subsequent subdivision map approvals, Design Permit/Guidelines approvals, and/or other development approvals may be drafted and imposed on a Large Lot Parcel’s subsequent development. Such Specific Conditions may stand alone and be imposed in addition to these Master Conditions, and/or may be added to these Master Conditions over time. Any and all such Specific Conditions shall be subject to and controlled by these Master Conditions, Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
119
February 23, 2022
12 which Master Conditions shall be subject to, and controlled by, the Development Agreement. If a conflict arises between these Master Conditions, and/or any Specific Conditions and the express and/or implied provisions of the Development Agreement, as amended over time, the Development Agreement shall control.
Where possible, these Master Conditions describe the “Mechanism” for satisfying the Master Condition (for example, subdivision map approval, adopted Design Guidelines, etc.), the “Implementation” timing of the Master Condition (for example, Building Permit issuance), and the “Status” of such Master Condition performance (whether the requirement is still “Applicable, whether it has been “Completed,” etc.). Additionally, through subsequent “mapping” of a particular Large Lot Parcel pursuant to the Subdivision Map Act, listed Master Conditions applicable to that Parcel may be further organized into relevant Phases (phased final maps) of that Parcel, if applicable.
As used in these Master Conditions, a reference to “All” or “All Parcels” shall mean that the Master Condition is setting a general rule that applies to the development of any and all Large Lot Parcels. When these Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the Master Backbone Infrastructure (MBI) in question lies and/or abuts (and therefore the Parcel is responsible for the “Parcel’s MBI Portion”) is one of the “Applicable Parcels.”
7. As used in these Master Conditions, the following definitions shall apply. “SIA” shall mean the relevant/applicable “Subdivision Improvement Agreement.” “Major Backbone Infrastructure” work or “MBI” shall have that meaning provided by the Development Agreement. “Public Improvements” work shall mean infrastructure improvements to be constructed by Developer, and then dedicated to, accepted by, and opertated and maintained by, City. “Private Improvements” shall mean infrastructure improvements that shall be constructed by Developer and not be dedicated to, accepted by, and opertated and maintained by, City. “Improvement Plans” shall mean those improvement plans and specifications relating to MBI, Public Improvements, and/or Private Improvements. Developer shall obtain City approval of all Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work. All work on the relevant MBI, Public Improvements, and/or Private Improvements shall be performed by Developer at the places, at the grades, with the materials, and in the manner as shown on the City-approved Improvement Plans. Additionally, the phrase:
“Pre-Final Map, Final Map Recordation, Grading Permit, Construction Permit, Building Permit, Occupancy Permit” shall mean that the timing of performance of the particular Master Condition will be satisfied at one of those performance events, as will be determined by the Subsequent Approval.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
8. Unless otherwise set forth in these Master Conditions, or unless otherwise agreed to by City and Developer, each Parcel shall be responsible for the entirety of the design and construction of the “Master Backbone Infrastructure” (also “MBI”) of the Public Improvement for the geographic distance of the Parcel’s entire frontage on such MBI, and/or the entire geographic distance that such MBI traverses such Parcel (“Parcel’s MBI Portion”). For example, if the MBI in question is Rio Del Mar, then the Parcel in question shall be responsible for the design and construction of all of that portion of Rio Del Mar that traverses and/or abuts such Parcel, i.e., the “Parcel’s MBI Portion.” Such Parcel MBI Portion design and construction shall be to the “ultimate design” of the MBI in question, including without limitation, ultimate width, depth, curb, gutter, sidewalk, street lighting, landscaping, etc. City, Developer, and the owner/builder of the relevant Parcel (if different than Developer) may by mutual agreement refine the requirements of this Master Condition. Therefore, if the Master Conditions provide that the Master Condition in question shall apply to “Applicable Parcels,” that means that each Parcel over which the MBI in question lies and/or abuts (and therefore the Applicable
Parcels
Parcel’s MBI
Portion
Reimburse
Pre-Final Map,
final map
recordation,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
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February 23, 2022
13 Parcel is responsible for the “Parcel’s MBI Portion”) is one of the “Applicable Parcels.” If the MBI in question traverse and/or abuts more than one Parcel, then the responsibility of each such Parcels shall be determined (“Proportional Share”) and the first Parcel (of such Parcels) to develop shall be responsible for the design and construction of all of that portion of MBI and that traverses and/or abuts such first Parcel (i.e., the “Parcel’s MBI Portion”) and such first Parcel shall have the right to secure a Reimbursement Agreement from the City so that such first Parcel is reimbursed by such other Parcels for such other Parcels’ Proportional Share at such time when such other Parcel(s) would have otherwise been responsible to provide such MBI, or at such other time/or by such means as is mutually agreed to by City and Developer.
9. When Parcel-necessary infrastructure has not yet been brought to the physical (geographic) location of the Parcel in question to be developed (the “Relevant Parcel”), then the development of such Relevant Parcel shall require (unless otherwise agreed between City and Developer) that such Relevant Parcel shall provide and construct all of the MBI otherwise required of other Parcels (the Parcel MBI Portion of all such other Large Lot Parcels) over which the MBI is needed to traverse and/or abut in order to access the Relevant Parcel and bring and provide such Parcel-necessary infrastructure to the Relevant Parcel. In such a case, the Relevant Parcel shall have the right to secure a Reimbursement Agreement from the City so that the costs of such additional provision and construction by the Relevant Parcel of the MBI otherwise required of such other Parcels is reimbursed to the Relevant Parcel at such time as such other Parcel(s) would have otherwise been responsible to provide such infrastructure, or at such other time/or by such means as is mutually agreed to by City and Master Developer.
Relevant
Parcels
Parcel’s MBI
Portion
Reimburse
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
10. When a Large Lot Parcel is further subdivided, it shall have its own separate SIA and attached Exhibit(s) containing relevant Master Conditions and any other Specific Conditions, as described herein.
SIA
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
11. These Master Conditions apply to Developer, and Developer’s successors, as more specifically set forth in the Development Agreement, as amended over time.
Relevant
Subsequent
Approvals
Pre-Final Map,
Grading Permit,
Construction
Permit, Building
Permit, Occupancy
Permit
11.5 All MBI requirements regarding Lot 10 have been satisfied by separate agreement. Separate agreement.
Satisfied.
COA # Developer Obligations Implement. Status
46. At Developer’s expense, in a good and workmanlike manner, Developer shall furnish all required materials and labor for all of the relevant MBI shown on all Improvement Plans prepared by Developer’s engineer of record, and submitted to and approved by City.
SIA Applicable
47. Developer shall do all work and furnish all materials necessary to complete the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the approved Improvement Plans for the relevant MBI, Public Improvements, and/or Private Improvements work, or with any changes required or ordered by said City's SIA Applicable
121
February 23, 2022
14 Engineer for the relevant MBI, Public Improvements, and/or Private Improvements work, which, in his/ her reasonable opinion, are necessary or required to complete the relevant MBI, Public Improvements, and/or Private Improvements work. All construction work on the relevant MBI, Public Improvements, and/or Private Improvements work must be performed solely by licensed contractors, and the word "Developer" when used in this Agreement shall mean and include all such licensed contractors performing such construction on Developer's behalf or account.
48. Completion of the relevant MBI, Public Improvements, and/or Private Improvements work shall be accomplished within 24 months of the execution of the relevant SIA, subject to the Developer protections provided by the Development Agreement, and subject to extensions granted by City. Additionally, to the extent greater than the Developer protections provided by the Development Agreement, City shall extend the relevant SIA, as needed, in the event "good cause" is shown by Developer.
SIA Applicable
49. Developer shall replace or have replaced, repair or have repaired, as the case may be, or pay to the City, the entire cost of replacements or repairs, of any and all public and/or private (non-Developer) property damaged or destroyed by reason of any work done on the relevant MBI, Public Improvements, and/or Private Improvements work under the relevant SIA, whether such public property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, partnership or association, or by any person whomsoever, or by any combination of such owners. Such replacement and/or repair cost shall not exceed the cost of such property damage or destruction suffered.
SIA Applicable
50. Developer shall, at Developer's sole expense, obtain all necessary permits and licenses for the approval and construction of the relevant MBI, Public Improvements, and/or Private Improvements work, give all necessary notices, and pay all fees and taxes required. Developer shall furnish to City proof of having obtained required workers' compensation insurance coverage prior to commencing any relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
51. Developer shall ensure competent supervision of all relevant MBI, Public Improvements, and/or Private Improvements work at all times. The Developer, at Developer's expense, shall have a registered civil engineer establish the horizontal and vertical control survey, if necessary, to construct the relevant MBI, Public Improvements, and/or Private Improvements work in accordance with the plans and specifications for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
52. Developer shall at all times maintain proper facilities and provide safe access for inspection to all parts of the work on the relevant MBI, Public Improvements, and/or Private Improvements work, and to the shops wherein the work is in preparation, to assure that the relevant MBI, Public Improvements, and/or Private Improvements work shall be done in accordance with the approved Improvement Plans for such relevant MBI, Public Improvements, and/or Private Improvements work.
SIA Applicable
53. Developer shall furnish to City all of the following prior to the issuance of a building permit (and/or "construction permit") for the MBI, Public Improvements, and/or Private Improvements work:
a) A surety bond or bonds in the amount equal to 100% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work, as security for the faithful performance of all the Prior to the
issuance of a
building
permit (and/or
"construction
permit") for
the MBI,
Applicable
122
February 23, 2022
15 provisions of the relevant SIA, including without limitation, the repair and reconstruction of defective work on the relevant MBI, Public Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$3,355,307] b) A surety bond or bonds in the amount equal to 50% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work, as security to guarantee payment in full of all persons who perform labor upon or furnish materials to be used in construction of the relevant MBI, Public Improvements, and/or Private Improvements work. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$1,677,654]
c) A surety bond in the amount of 10% of the estimated cost of the relevant MBI, Public Improvements, and/or Private Improvements work as security for the warrantee of all the provisions of the relevant SIA, including without limitation the repair and reconstruction of defective work provisions of such Agreement. Such surety bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion of the relevant MBI, Public Improvements, and/or Private Improvements work. [$335,531]
d) All surety bonds referenced shall be prepared on the standard forms provided by City and available from City's Engineer.
e) Consistent with the Development Agreement, other forms of surety – such as irrevocable letters of credit, cash deposits, savings account(s), certificate(s) payable to City, etc. - in a form equivalent to each said surety bonds may be proposed by Developer, and shall be accepted by City in place of such surety bonds described herein, provided such other form of surety is satisfactory to City's City Attorney, and provided that all legal expenses incurred by City in reviewing and approving said other forms of surety be paid by Developer.
f) Developer shall maintain such surety bonds and/or approved other form of surety in full force and effect consistent with the terms of the relevant SIA, including any extensions of time to such relevant SIA.
In the event Developer fails to meet the Developer obligation(s) for which the relevant surety bond or other form of approved surety was provided, then, contingent upon City having properly followed and exhausted the requirements of the Development Agreement, City shall have the right to call upon each such relevant surety bond or other approved form of surety to satisfy the Developer obligation(s) for which such relevant surety bond or other approved form of surety was provided to City.
Public
Improvements,
and/or Private
Improvements
work
54. Title to, and ownership of, all relevant MBI and/or Public Improvements which are to be delivered to City as shown on the Improvement Plans shall vest absolutely in City upon completion and acceptance of such relevant MBI and/or Public Improvements by City, which City shall accept.
SIA Applicable
55. If, within a period of one (1) year after final acceptance by City of any MBI and/or Public Improvements work performed under the applicable SIA, any such MBI and/or SIA Applicable
123
February 23, 2022
16 Public Improvement work fails to fulfill any of the requirements of such applicable SIA or the Improvement Plans referred to therein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any such failure regarding such MBI and/or Public Improvements work. Any dispute between City and Developer on this topic shall be addressed through the provisions of the Development Agreement.
City may, at its option, make the necessary repairs or replacements or perform the necessary work, again, with the provisions of the Development Agreement applying regarding the resolution of such City payment and actions. Likewise, City may, but shall not be required to and without limitation, draw upon the applicable surety bond or other approved form of security deposited by Developer and/or take such action as authorized under the relevant SIA and the Development Agreement.
56. Notwithstanding any other provision of an applicable SIA, neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under the applicable SIA.
SIA Applicable
57. Inspections, Improvement Plans review, and other services performed shall be pursuant to the Development Agreement.
SIA Applicable
58. The Development Agreement shall apply regarding all inspection, Improvement Plan review, and other services performed by City or others chosen by Developer after the execution of the relevant SIA.
SIA Applicable
59. In the event any notice of breach is given and surety is present, Developer's surety shall have the duty to take over and complete the work and the Public Improvements; provided, however, that if the surety, within ten (10) days after serving upon it such notice of breach, does not give City written notice of its intention to take over and complete the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any direct costs or damages occasioned City thereby, and, in such event, City without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary therefor.
SIA Applicable
60. Developer shall not commence work under this SIA until Developer shall have obtained all insurance required under this SIA and such insurance shall have been reasonably approved by City as to form, amount, and carrier. A lapse in any required insurance coverage during this SIA shall be a breach of this SIA. Developer agrees that if the aforesaid insurance is not kept in full force and effect, City may terminate this SIA upon ten (10) days prior notice to Developer, unless Developer delivers evidence of insurance to City within such ten (10) day period.
SIA Applicable
61. Developer shall take out and maintain during the Term of this SIA such insurance as shall protect City, its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ and Developer and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Developer's or any sub-contractor's operations under this contract, whether such operations be by Developer or by anyone directly or indirectly employed by Developer.
SIA Applicable
62. The certificate or policy of insurance shall name the City (and such, other entities or individuals of the City as are indemnified under the contract, such as "... its elected and SIA Applicable
124
February 23, 2022
17 appointed officials, officers, directors, attorneys, agents, and employees...") as additional, or co-insureds with the Developer. The amounts of such insurance shall be as follows:
a) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death to any one person and subject to the same limit for each person in an amount not less than $1,000, 000 on account of any one occurrence;
b) Property Damage Insurance. In an amount of not less than $1,000,000 for damage to the property of each person on account of any one occurrence;
c) Comprehensive Automobile Liability. Bodily injury liability coverage of $1,000,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $1,000,000 for each accident.
d) Worker's Compensation Insurance. In the amounts required by law.
63. City shall not, nor shall any officer, agent or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring in the work specified in this Agreement prior to the completion, approval and/ or acceptance of the same; nor shall the City, nor any of its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them, thereof, be liable for any persons or property injured by reason of said work or by reason of the acts or omissions of the Developer, its officers, agents or employees, in the performance of said work. Prior to the completion, approval, or acceptance of the work, the Developer agrees to indemnify, defend and save harmless the City, its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from the Developer's operations or its services hereunder, including any workers' compensation suits, liability, or expense, arising from or connected with services by any person pursuant to this Agreement, whether arising from activities of Developer or any of Developer's contractors, subcontractors or by persons directly or indirectly employed by or acting as agent for Developer or arising out of the use of any patent or patented article in the construction of said work. Developer agrees to, and shall upon request, promptly and fully defend City and its elected and appointed officials, officers, directors, attorneys, agents (including outside consultants), and employees and each of them„ from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of the activities hereinabove identified as being the responsibility of Developer.
SIA Applicable
64. Developer shall comply with all applicable provisions of the California Labor Code. SIA Applicable
65. Developer shall at all times from the effective date of this Agreement to the completion and acceptance of the Public Improvements by the City, give good and adequate warning of each and every dangerous condition caused by the construction of said Public Improvements and will protect the traveling public therefrom.
SIA Applicable
66. Developer warrants that it has control of the real property reserved, or needed for the installation of the Public Improvements, and the streets in which it is to be placed, as is necessary to allow it to carry out its obligations under this Agreement.
SIA Applicable
125
February 23, 2022
18 67. The acquisition price and costs and all other expenses of obtaining all easements required for the Public Improvements shall be paid by Developer. All necessary easements for the Public Improvements to be dedicated to City, if not already conveyed to City, shall be granted to City concurrently with the inspection and acceptance by the City of the relevant MBI, and/or Public Improvements.
SIA Applicable
68. All service connection charges for the Public Improvements to be constructed to serve said parcel(s) of real property shall be the amounts described in the Development Agreement.
SIA Applicable
69. Upon the provision of reasonable notice, the City, its officers, agents, and employees and the Surety upon any bond shall have the right from and after the date of the execution of the relevant SIA to enter upon said parcel of real property and any property where appurtenant easements are located for purposes of inspection and investigation at any and all reasonable times.
SIA Applicable
70. When relevant to the MBI and/or Public Improvements work, Developer shall retain and pay the cost of the Geotechnical Engineer of Record to perform all testing and reporting of items including but not limited to, rough grading, sub-grade preparation and compaction, concrete testing, and asphalt testing and compaction. Such reports shall be made available to City upon City’s request.
SIA Applicable
81. Developer shall retain and pay the cost of the Engineer of Record to certify the Private Improvements are constructed to their satisfaction and at the places, at the grades, with the materials and in the manner shown upon the plans and specifications therefor approved by the City' s Engineer.
SIA Applicable
3. Mitigation Measures. All relevant and applicable Mitigation Measures set forth in the Specific Conditions for Lot 10 and in the Master Conditions shall apply to this Subdivision Improvement Agreement for Lot 10 Phase 2. Only those Mitigation Measures that are applicable regarding the recordation of the Final Map, and/or are applicable as part of the activity to occur pre-recordation of the Final Map, and/or are applicable as part of the activity to occur during the term of the Subdivision Improvement Agreement are hereby made a part of this Subdivision Improvement Agreement for Lot 10 Phase 2. Additionally, through an Assignment Agreement pursuant to the Development Agreement, a Purchase and Sale Agreement, and/or other agreement, Master Developer and its successor may determine rights and obligations regarding the satisfaction of the Mitigations Measures made a part of this Subdivision Improvement Agreement for Lot 10 Phase 2.
4. Sales and Use Taxes. When consistent with applicable law, American Canyon, California shall be the designated situs for which purchases or use occurs for equipment, fixture components, and construction materials for purposes of calculating and reporting sales and/or use taxes.
5. Term. Pursuant to Section 1.02(d) of the July 18, 2019 Development Agreement, this Subdivision Improvement Agreement shall have an initial Term of two (2) years from its Effective Date. Extensions of such two-year Term shall be allowed upon the showing of good cause. The existence of good cause shall be determined subject to the Development Agreement’s requirement of Good Faith and Fair and Expeditious Dealing.
6. Resolution Process. Notwithstanding any other provision of this Subdivision Improvement Agreement, if requested by Developer, the “Resolution Process” set forth in Section 126
February 23, 2022
19 2.03(b) of the July 18, 2019 Development Agreement shall apply to (a) any City claim of Developer breach of this Subdivision Improvement Agreement; or (b) any other dispute between Developer and City under this Subdivision Improvement Agreement.
7. Notices: Any notice, demand, request, consent, approval, or communication that either Party desires or is required to give to the other shall be in writing and either served personally or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight delivery service such as Federal Express or United Parcel Service, charges prepaid or charged to the sender's account.
Notices required to be given to City shall be addressed as follows:
City of American Canyon
Attention: Public Works Director/City Engineer
4381 Broadway, Suite 201
American Canyon, California 94503
And with copies to:
William D. Ross, Esq.
Law Office of William D. Ross
400 Lambert Street
Palo Alto, California 94306
Notices required to be given to Developer shall be addressed as follows:
McGrath Properties American Canyon, LLC
1001 42nd Street, Suite 200
Oakland, CA 94608
Attention: Terrence McGrath
Notices shall be deemed to be received and effective when: (i) personally delivered; (ii) one (1) day after the date of forwarding by overnight courier; or (iii) if mailed, three (3) days after the date of mailing. Notices required to be given any surety shall be addressed to its address shown on its bond or other instrument. Any Party and/or any surety may change such notice address by providing notice of such changed address in the notice manner required by this Section 6.
Thereafter, notices shall be addressed and transmitted to such new address.
8. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Development Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Subdivision Improvement Agreement shall be filed and heard in a court of competent jurisdiction in Napa County.
9. Waivers. Waiver of a breach or default under this Subdivision Improvement Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Subdivision Improvement Agreement.
10. Entire Agreement. This Subdivision Improvement Agreement may be executed in multiple originals, each of which is deemed to be an original. This Subdivision Improvement 127
128
February 23, 2022
21 LEAH E. JAEGER, AN UNMARRIED WOMAN,
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
WILLIAM P. JAEGER IV AND LEANNE HOPE CULLEN JAEGER, HUSBAND
AND WIFE
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
JOHN F. JAEGER AND JOANNE S. JAEGER, TRUSTEES OF THE JOHN F.
AND JOANNE S. JAEGER REVOCABLE TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
CHRISTIAN M. JAEGER AND JOANNE S. JAEGER, TRUSTEES OF THE CHRISTIAN M. JAEGER IRREVOCABLE TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
JAMCANJJ, LLC, A DELAWARE LIMITED LIABILITY COMPANY
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
[SIGNATURES CONTINUED ON NEXT PAGE]
129
February 23, 2022
22 JEFFREY L. JAEGER AND KRISTEN S. JAEGER, TRUSTEES OF THE LOLLY RANCHER IRREVOCABLE TRUST OF 2019
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
LOLLY RANCHER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
THOMAS NATHANIEL HEYDORFF AND ALEXANDRA JAEGER HEYDORFF, CO-TRUSTEES OF THE JAEGERDORFF FAMILY TRUST DATED DECEMBER 13, 2021
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
MAXIMILIAN C. JAEGER AND REBECCA ROUTS, TRUSTEES OF THE JAEGERROUTS FAMILY TRUST By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
HARRISON S. BELL AND LIZETTE J. BELL, TRUSTEES OF THE BELL FAMILY TRUST
By:
Name: Jeffrey L. Jaeger
Through His: Power of Attorney
130
CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 9.
TITLE
2021 Calendar Year Housing Element Progress Report
RECOMMENDATION
Receive and file annual 2021 Calendar Year Housing Element Progress Report
CONTACT
William He, AICP, Associate Planner
BACKGROUND & ANALYSIS
On March 17, 2015, the City Council approved the most recent Housing Element. This Housing Element provides housing policy for the years 2015 – 2023. State law requires an Annual Housing Element Progress Report (APR) to highlight work that has been accomplished on the General Plan Housing Element. Each jurisdic9on’s APR must be submi;ed to California Housing and Community Development Department (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1 each year (covering the previous calendar year). The 2021 Annual Housing Element Progress Report is attached as Attachment 1.
AB 879 and SB 35 of the 2017 State-wide Housing legisla9on package added new data requirements for the Housing Element Annual Progress Reports (APRs) to encourage housing development and increase transparent repor9ng. The HCD mandated a few changes that started with the 2018 report.
Current requirements include tracking housing units in all its approval stages:
entitlement,
building permit issuance, and
certificate of occupancy.
The report also requires an accoun9ng of affordable housing funds pursuant to Senate Bill 35.
Tracking progress can be seen in Table #A2 of the report. In 2021, there were no projects that were conducted through SB35.
Discussion
To address housing needs in California, State law requires each jurisdic9on adopt a Housing Element as a chapter of its General Plan. The Housing Element includes the City’s housing strategy to plan for exis9ng and projected housing demand. Key to this strategy is the Housing Element iden9fies 131
adequate sites to accommodate the City’s share of regional housing needs. The Housing Element also includes an evalua9on that helps remove local policies, regula9ons, and requirements that may constrain housing development for all income levels.
The City’s Regional Housing Needs Alloca9on (RHNA) is assigned by the Associa9on of Bay Area Governments (ABAG). This alloca9on is intended to accommodate American Canyon’s “fair share” of the regional housing demand in the Bay Area. Our RHNA alloca9on for the period between 2015 – 2023 is 392 dwelling units allocated among these income groups:
116 very low-income dwelling units;
54 low income dwelling units;
58 moderate income dwelling units; and
164 above moderate dwelling units.
The RHNA alloca9on does not require the City to build these homes. It requires the City to iden9fy land with residen9al zoning that can accommodate a variety of housing densi9es to achieve the RHNA allocation. The City is also required to adopt policies that facilitate housing for all incomes and special needs groups.
Housing Element law requires that ci9es provide an Annual Housing Element report on progress toward mee9ng the RHNA alloca9on and Housing Element policy implementa9on. ALer review by the Planning Commission and City Council, the a;ached report will be submi;ed to the California Housing and Community Development Department (HCD) and the Governor’s Office of Planning and Research as required by Title 25 of the California Code of Regulations.
It is worth no9ng that before the 2018 Annual Report, the RHNA alloca9on period was from 2014 – 2021. Since 2018, the realigned period changed to 2015 – 2023, which corresponds to the City’s Housing Element that was adopted in March 2015. There were no credits lost as the City did not issue any housing units in 2014.
City RHNA Status
The annual Housing Element Progress Report forms provided by HCD must be used to report building permits issued. In 2021, the City issued construc9on permits for 192 units, which consisted of mul9family apartment units and accessory dwelling units (ADUs). For ADUs, the applicants iden9fied the proposed monthly rent will be within the low-income parameters. The Building Division also received applica9ons for single-family homes within the Watson Ranch Specific Plan area, which are in review and scheduled for issuance in 2022.
As shown on Table 1 below, the RHNA is disaggregated into income category groups. The City achieved 98% (385 of 392) of the RHNA requirement in 2020, and 100% (578 of 392) in 2021. The City has 20 above-moderate income units to complete within this Housing Element cycle, but is on schedule to complete them in 2022 with the Watson Ranch subdivisions. 132
Table 1
2015-2023 RHNA Allocation Status
Income Level
Area Median Income
in Napa County (AMI)
2015-2023 RHNA
Dwelling Units
Dwelling
Units added
2015-2020
2021
Dwelling
Units Issued
Remaining
RHNA Units
Very-Low
Income
(0-50% of AMI) 116 58 124 Completed
Low Income (51-80% of AMI) 54 43 66 Completed
Moderate
Income
(81-120% of AMI) 58 141 2 Completed
Above
Moderate
(over 120% of AMI) 164 143 1 20
Totals 392 385 193 20
Currently, the City has six large housing projects under review:
Watson Ranch Lots 14 and 15: The project consists of 98 single-family homes on 11.97 acres north of Vintage Ranch. The Planning Commission and City Council approved the Tenta9ve Subdivision Map and Design Permit at the end of 2020. The applicant an9cipates beginning grading and construc9on this spring of 2022.
Watson Ranch Lot 10: The project consists of 219 single-family homes on 21.17 acres north of Vintage Ranch. The Planning Commission and City Council approved the Subdivision Map and Design Permit in September 2021. The applicant anticipates grading and construction in spring 2022.
Lemos Pointe Apartments: This project consists of 186 apartments affordable to lower income residents. Located at the northwest corner of future Rio Del Mar East and Marcus Road in Watson Ranch, the Design Permit applica9on was approved by the Planning Commission in May 2021. The applicant had their building permits issued in November of 2021 and an9cipates construc9on to begin early 2022.
Napa Cove Apartments: This project consists of 66 apartments affordable to lower income residents. Located north of the Melvin Tennis Courts and the Mosquito Abatement facility, the Design Permit was approved by the Planning Commission in December 2021. The applicant submi;ed their construc9on permits for review in January 2022, and an9cipates to start construction this Spring.
Canyon Estates: This project consists of 35 single-family custom homes east of Vintage Ranch. The site grading ac9vi9es began in March 2021, and the building pad and road grading is complete. The applicant is installing underground u9li9es and an9cipates submiPng building permit applica9ons this year.
133
Oat Hill Mul9family: This project consists of 291 apartment units on approximately 20 acres of Oat Hill. The project requires approval of a General Plan Amendment, Zone Change, Tenta9ve Subdivision Map, Lot Line Adjustment and Design Permit. Although the applicant intends to rent the dwelling units ini9ally, the subdivision map will allow the units to be sold as condominiums in the future. The Planning Commission and City Council approved the project in September 2021.
Accessory Dwelling Units in 2021: The City received a steady stream of ADU ac9vity in 2021. The City received 4 new ADU applica9ons and issued 6 ADU permits. Two ADU projects were finalized this year. The City expects to see a similar amount of ADUs in 2022.
Housing Element Policy Implementation
Table D of the Progress report lists Housing Element policies and explains the status of City implementation of each policy during 2021. This year’s standouts include:
Program 1.2.4: Incentives for Second Units (Accessory Dwelling Units) The City partnered with the Napa-Sonoma Accessory Dwelling Unit (ADU) coali9on to develop ADU outreach materials and fee es9ma9ng soLware in March 2019. In August 2020, the City revised the ADU ordinance to comply with new State laws. In October 2021, the ADU coali9on prepared standard ADU plans that will be implemented in 2022.
Program 1.2.10: Affordable Housing Fund
The City received $8,521.61 in Affordable Housing Nexus fees in 2021. These fees were generated from assessments on new non-residential building permits.
Program 1.2.12: Density Bonus Program
The City approved two projects, the Lemos Pointe Apartments and the Napa Cove Apartments, which both u9lized the Density Bonus program and requested concessions to design standards. The Lemos Pointe project consists of 186 affordable units and the Napa Cove project consists of 66 affordable units.
Program 1.2.22: Rental Assistance Program
Napa City Housing Authority helped the City administer 142 vouchers in 2021. This includes 34 project-based vouchers at the Valley View Senior Apartments.
Housing in 2022
Looking ahead to 2022, there are several housing projects that may be submitted.
Residences at Napa Junc9on: This project is proposed at the parcel north of the Canyon Ridge Apartments in the Business Park District. The project consists of 452 dwelling units on a 15.05-acre parcel, with 46 units proposed as affordable housing. The applicant submi;ed a pre-applica9on in 134
August 2021 and received comments in September 2021. The applicant men9oned a formal submittal in the first quarter 2022.
Sun Square Mixed-Use Building: This project consists of 20 one-bedroom units on an office and training center north of the Walmart shopping center. The project was submi;ed in August 2021, and staff provided comments in September 2021. The applicant an9cipates a resubmi;al prior to April 2022.
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 City is required to complete the annual Housing Element Progress Report to comply with State Law. The comple9on of the annual report also enables the City to par9cipate in many housingrelated grant programs.
ENVIRONMENTAL REVIEW
15378(b) - The ac9on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec9ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
2021 Housing Element Annual Progress Report
135
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 12_30_21
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
4381 Broadway St - Suite 201
American Canyon
94503
Please Start Here
General Information
2021
American Canyon
Contact Information
William
He
Associate Planner
[email protected]
7076474337
Mailing Address
Annual Progress Report January 2020 136
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Application
Status
Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.
Notes
+
Summary Row: Start Data Entry Below 26 1 39 3 1 0 0 70 70 0 058-492-005 21 Alder 21 Alder ADU BP21-0067 ADU R 2/17/2021 1 1 1 No No No Approved 058-173-002 100 Corsicana 100 Corsicana ADU BP21-0325 ADU O 7/22/2021 1 1 1 No No No Approved 058-151-045 120 Gisela 120 Gisela ADU BP21-0348 ADU R 8/2/2021 1 1 1 No No No Approved 058-563-001 457 Poppyfield 457 Poppyfield ADU BP21-0553 ADU O 12/23/2021 1 1 1 No No No Approved 058-362-021 3805 Broadway Napa Cove PL21-0027 5+ R 10/1/2021 26 39 1 66 66 No Yes Yes Approved 058-380-008 TBD Oat Hill Parcel A PL20-0022 5+ R 8/17/2020 206 206 206 No No No Approved 058-320-001 TBD Oat Hill Parcel B PL20-0023 5+ R 8/17/2020 85 85 85 No No No Approved 058-281-015 18 Andrew 18 Andrew House BP19-0373 SFD O 9/11/2019 1 1 1 No No No Approved Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 137
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units issued
Entitlements
Summary Row: Start Data Entry Below 148 1 101 3 3 0 510 766 058-141-003 44 Alta Loma 44 Alta Loma ADU BP20-0024 ADU R 1 1/21/2020 1 058-282-006 11 Andrew 11 Andrew ADU BP20-0289 ADU R 1 8/6/2020 1 058-281-010 151 Thayer 151 Thayer ADU BP20-0487 ADU O 1 10/23/2020 1 058-393-003 309 Bedford 309 Bedford ADU BP19-0523 ADU R 1 12/19/2019 1 058-492-005 21 Alder Ct 21 Alder ADU BP21-0067 ADU R 1 2/17/2021 1 058-173-002 100 Corsicana 100 Corsicana ADU BP21-0325 ADU O 1 7/22/2021 1 058-151-045 120 Gisela 120 Gisela ADU BP21-0348 ADU R 1 8/2/2021 1 058-563-001 457 Poppyfield 457 Poppyfield ADU BP21-0553 ADU O 1 12/23/2021 1 058-362-021 3805 Broadway Napa Cove PL21-0027 5+ R 26 39 1 12/16/2021 66 059-430-017 100 Fran Lemos WRSP: Lemos Point PL21-0004 5+ R 122 62 2 2/25/2021 186
059-430-027 101 Frontier WRSP Lot 14 and 15 PL20-0032 SFD O 98 12/15/2020 98 059-430-015 101 Goldback WRSP Lot 10 PL21-0014 SFD O 219 9/21/2021 219
058-380-008 TBD Oat Hill Parcel A PL20-0022 5+ R 206 9/21/2021 206 058-320-001 TBD Oat Hill Parcel B PL20-0023 5+ R 85 9/21/2021 85 058-080-012 100 Toscana Village at Vintage
Ranch PL16-0023 5+ R 8 8 143 3/23/2017 159
058-281-015 18 Andrew 18 Andrew House BP19-0373 SFD O 1 9/19/2019 1 1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Project Identifier
(CCR Title 25 §6202)
138
Cells in grey contain auto-calculation formulas
8 9 11 12
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
122 2 62 4 2 0 1 193 8 0 8 2 143 0 1 162
1 2/11/2021 1 0
1 1/7/2021 1 1 4/14/2021 1
1 3/24/2021 1 0
1 10/13/2020 1 1 7/22/2021 1
1 6/3/2021 1 0
1 11/6/2021 1 0
1 11/6/2021 1 0
0 0
0 0
122 62 2 11/23/2021 186 0
0 0
0 0
0 0
0 0
8 8 143 8/22/2018 159 8 8 143 8/26/2021 159
1 12/21/2021 1 1 12/22/2021 1
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Note: "+" indicates an optional field
139
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
0 0 0 0
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Self-certified income survey
N Y Other, LIHTC INC 55 2
Development
Standards
Modification
Yes
N Y Other INC 55 2
Development
Standards
Modification
Yes
Part of Watson Ranch
Specific Plan
entitlement, approved in
Nov. 2018.
N Y
Part of Watson Ranch
Specific Plan
entitlement, approved in
Nov. 2018.
N Y
Part of Watson Ranch
Specific Plan
entitlement, approved in
Nov. 2018.
N Y
N Y
N Y INC 55
N N
Density Bonus Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
140
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 49 8 - - 122 - -
Non-Deed Restricted - - - - 1 - 2 - -
Deed Restricted 9 - 20 8 - - 62 - -
Non-Deed Restricted - - - 3 - 3 4 - -
Deed Restricted - - - - - - 2 - -
Non-Deed Restricted 140 - 1 - - - - - -
Above Moderate 164 - - - 143 - - 1 - - 144 20
392
149 - 70 162 1 3 193 - - 578 20
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
182
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
143
Moderate
116
54 58
Please contact HCD if your data is different than the material supplied here 109
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
141
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
142
Jurisdiction American Canyon
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program I.2.1: No-Net-Loss
Evaluation Procedure Policies 2.1.1, 2.1.2 Project review is ongoing with annual report to HCD
In 2018, one project has been approved on a 5-acre site. The project, HFP Church, utilized 1.5-acres for a new church, which reduces the number of developable housing units on the site by 33. The offset can be made up from the 1253 housing units entitled in the City's Watson Ranch Specific Plan that was approved on November 6, 2018.
Program I.2.2: Maintain
Inventory of Developable
Sites
Policy 2.1.1 Update annually
An inventory of housing sites and the number of permits issued in 2021 is available on the city’s website and front counter for the Planning Division. The City approved the Broadway District Specific Plan (BDSP) in July of 2018, which identified a capacity for up to 1,200 new units in the Broadway corridor. The City approved the Oat Hill multifamily project that proposes 291 apartment units on a site outside of the current inventory. The project required a Zone Change and General Plan Amendment.
Program I.2.3: Priority
Sewer and Water Service
for Affordable Housing
Policy 2.1.3 December of 2015 The City modified their Sewer and Water Service to put affordable housing as the first priority in July of 2019. The update incorporated in ACMC Section 13.10.020.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
143
Program I.2.4: Incentives
for Second Units Policy 2.2.4
Explore and adopt
programs and/or
incentives by 2018
The City adopted new guidelines and standards for Second Units, or Accessory Dwelling Units (ADUs), in 2017 to match the State’s regulations. The new guidelines are available in ACMC section 19.39. New incentives for ADU’s include the removal of water and wastewater capacity fees, the reduction in parking and fire sprinkler requirements, and the reduction in impact fees. In 2018, staff created two handouts that explains the building permit and zoning requirements for ADUs. The City joined the Napa-Sonoma ADU coalition to develop ADU outreach materials and fee estimating software in March of 2019. The City revised the ADU ordinance to comply with the State's new laws in August of 2020.
Program I.2.5:
Neighborhood
Preservation Program
Policy 2.4.1 Ongoing The City’s Code Enforcement officer continues to implement this program Program I.2.6: Residential
Rehabilitation Loan
Program
Policies 2.5.1, 2.5.2, 2.5.3 Apply for funding annually A $1 million grant was awarded in 2017. The City applied for a new $1 million CDBG grant, which includes $300,000 for owner-occupied rehabilitation assistance programs in February of 2019, but was not awarded.
Program I.2.7: Code
Enforcement Policies 2.5.1, 2.5.2 Ongoing The City’s Code Enforcement officer continues to implement this program Program I.2.8: City-owned
Land for Affordable
Housing
Policy 2.6.3 Review opportunities
annually No city-owned land was made available during this period.
Program I.2.9: Employee
Housing Program Policy 2.6.10
Begin exploring options by
2017 and adopt, as
appropriate by 2019
The City is on schedule to begin exploring options by 2017 and adopt, as appropriate by 2022.
Program I.2.10: Affordable
Housing Fund Policy 2.6.5 Review opportunities annually The City approved up to $1 million in funding support for the Valley View Affordable Senior Apartment Project in 2016. The City received $8,521.61 in Affordable Housing Nexus fees in 2021.
Program I.2.11: Incentives
for Affordable Housing Policies 2.6.3, 2.6.5 Ongoing
The City required the Village at Vintage Ranch project increase the affordability term from 10 to 20 years for 8 Very Low and 8 Low income units in exchange for extending the term of their Design Permit approval. The City completed their update to the Density Bonus program to comply with the State's AB2753 Density Bonus Law in February of 2019.
Program I.2.12: Density
Bonus Program Policy 2.6.3 Prepare brochure by 2016
The density bonus brochure was posted to the City’s website in 2016. See http://bit.ly/2kZ1ScQ website link. The City updated their Density Bonus Ordinance in February of 2019. The City approved two projects, the Lemos Pointe Apartments and the Napa Cove Apartments, which both utilized the Density Bonus program and requested concessions to design standards. The Lemos Pointe project consistsed of 186 affordable units and the Napa Cove project consisted of 66 affordable units. 144
Program I.2.13: Planned
Development Process Policy 2.6.3 Ongoing The Village at Vintage Ranch will provide 16 units of low and very low income units.
Program I.2.14: Assist in
Accessing Grant Funding Policies 2.6.5, 2.6.6, 2.6.7 Review funding opportunities annually The City received a HOME grant in 2017. The City applied for a CalHome Disaster Assistance funds in December of 2019 and was awarded $2.2 million for down payment assistance. The funds are to assist low and moderate income households who are victims of the 2017-2018 fires in federally declared disasters. The City is also applying for $1 million in HOME funds in January of 2020 and $1 million in CalHome General Funds for OOR and ADU programs in February of 2020. The City also applied for the SB2 Planning Grant in December of 2019 and received $160,000 in funding to update their building permit software and update their Housing Element. The City applied for the LEAP grant in March of 2020 and was awarded $160,000 for pro-housing efforts.
Program I.2.15: Incentives
for Lot Consolidation Policy 2.6.3
Identify appropriate
incentives and post
information on website by
2017
Staff completed two lot mergers in 2016. There were no requests for consolidation and/or re-use of small lots to create larger parcels with greater affordable housing development potential in 2020.
Program I.2.16: Partner
with the Housing Authority Policy 2.6.6 Ongoing The City Council approved a 2-year contract with the City of Napa Housing Authority in 2019.
Program I.2.17:
Inclusionary Housing
Program
Policy 2.6.8 Amend Ordinance in 2015 The City amended the Inclusionary Housing Program Ordinance in October of 2019. The new program made the option of paying for in-lieu fees a last resort for developers.
Program I.2.18: Conduct
Nexus Study for
Affordable Housing Fees
Policy 2.6.9 Consider adopting fee in
2015 The Nexus Study and Commercial linkage fee was adopted in 2016.
Program I.2.19: Preserve
At-Risk Housing Policy 2.7.1 Ongoing
The City of Napa Housing Authority worked with the Lodge apartments over 11 affordable units that were scheduled to expire in 2016. They worked with the property owner to provide financial incentives to tenants that wanted to vacate. In 2018, 9 of the 11 units vacated and the City expects the remaining 2 units to vacate in 2019.
Program I.2.20: Monitor
Section 8 Status Policy 2.7.1 2007-2014
The City of Napa Housing Authority monitors apartments for Section 8 status. In 2021, the Housing Authority administered 142 housing vouchers, in which 34 of them were for the Valley View Senior Apts.
Program I.2.21:
Mobilehome Park Rent
Stabilization Program
Policies 2.7.4 Ongoing Ongoing
145
Program I.2.22: Rental
Assistance Program Policy 2.7.1 Seek funding for rental assistance when available.
The City Housing Authority secured 34 Section 8 vouchers for Homeless Veterans in 2016. The Housing Authority was awarded 11 Mainstream vouchers in 2018 and the City of American Canyon recieved those vouchers in 2019. The City applied for the CDBG Corona Response 1 (CARES grant) in August of 2020 and was awarded $98,000 to provide rental assistance.
Program I.2.23:
Rehabilitation Loan
Program Outreach to
Elderly Homeowners
Policy 2.8.1 Prepare outreach materials
by 2016
The City Housing Authority provides on-going marketting of outreach materials to elderly citizens regarding Rehabilitation Loan Programs. The outreach consists of flyers, workshops, and newspaper advertisements. The City Housing Authority also conducts outreach meetings at the Senior Center and the Family Center in American Canyon. Due to the Governor's Shelter-In-Place order to prevent the spread of COVID-19, physical outreach meetings have been suspended in 2020 and 2021.
Program I.2.24: Facilitate
Construction of Housing
for Persons with
Disabilities
Policies 2.8.1, 2.8.5 Ongoing
The Valley View affordable Senior housing project will provide handicap accessibility and on-site supportive services. The project received building permits in 2017 and was completed in 2019.
Program I.2.25: Outreach
to Developmentally
Disabled
Policies 2.8.1, 2.8.5 Initiate coordination by
2016
In 2016, the City coordinated with North Bay Regional Center and has a link to their services. See http://bit.ly/2k626Np for a link to the website.
Program I.2.26: Zoning for
Small Group Homes Policy 2.8.8 2016 The City amended the zoning code in 2017 to classify small group homes, or residential care homes, as permitted uses for all residential zones.
Program I.2.27: Zoning for
Employee Housing Policy 2.8.6 2016 The City amended the zoning code in 2017 to add employee housing as a use classification with the class as a permitted use in all residential zones.
Program I.2.28: Zoning for
Single Room Occupancy Policy 2.8.1 2016 The City amended the zoning code in 2017 to add Single Room Occupancy facilities (SROs) use classification. The use is permitted in high-density residential zones.
Program I.2.29: Facilitate
Construction of Large
Units
Policy 2.8.2 Prepare fliers by 2017 The City prepared fliers in 2017 and they are available on the City’s Housing website as well as the planning division counter. See http://bit.ly/2ySRuIN for a link to the webpage.
Program I.2.30:
Farmworker Housing Policy 2.8.6
Reach out to developers
by 2017 and bi-annually
thereafter
The City added web links to farmworker housing resources on the City’s housing website. See http://bit.ly/2Bw3VNA for a link to the web site.
Program I.2.31: Distribute
Homeless Shelter
Information
Policy 2.8.9 Ongoing The City of Napa Housing Authority provides this service on an ongoing basis.
Program I.2.32: Distribute
Fair Housing Information Policies 2.9.1, 2.9.2 Ongoing The City of Napa Housing Authority provides this service on an ongoing basis. Fair Housing posters are displayed at City Hall.
146
Program I.2.33: Fair
Housing Event Policy 2.9.2 Annually The City of Napa Housing Authority provides this service on an ongoing basis.
Program I.2.34:
Encourage Sustainable
Building
Policies 2.10.1, 2.10.3, 2.10.4 Ongoing
The City adopted a new Electric Vehicle Ordinance that streamlines permit processing for residential projects in 2019. The City adopted the Broadway District Specific Plan in 2019, which requires new development in the 300-acre district to provide 15% more energy reduction than the California Building Code requires.
Program I.2.35: Energy
Conservation Fact Sheet Policies 2.10.5, 2.10.7 Distribute fact sheet by 2016 The Energy Conservation Fact sheet was prepared and is available on the City’s website. See http://bit.ly/2jEKRG2 for a link to the website.
Program I.2.36: Adjust
Utility Allowances for
Green Affordable Housing
Units
Policy 2.10.1 2016
The City adopted new utility allowances for affordable housing units and allowed for the adjustments of utility allowances for Green Affordable Housing units in 2017. See http://bit.ly/2ph3VOU for a link to the website. The City updates the utility allowances on an annual basis.
Program I.2.37: Annual
Housing Element Report Policies 2.11.1, 2.11.2 Annually The annual Housing Element report is scheduled to be reviewed by the Planning Commission on February of 2022 and the City Council at a public hearing on March of 2022.
Program I.2.38: Maintain
Adequate Staffing Policy 2.11.1 Annual review of staffing levels Review of staffing levels occurred in conjunction with the annual fiscal year budget. 147
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020 148
Jurisdiction American Canyon ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 149
Jurisdiction American Canyon
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
150
Jurisdiction American Canyon
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
151
Jurisdiction American Canyon
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 122
Non-Deed Restricted 2
Deed Restricted 62
Non-Deed Restricted 4
Deed Restricted 2
Non-Deed Restricted 0
1 193
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 219 1 1
2 to 4 0 0 0
5 + 0 0 0
ADU 4 6 2
MH 0 0 0
Total 223 7 3
5 70
70 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
152
Jurisdiction American Canyon
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 148
Non-Deed Restricted 1
Deed Restricted 101
Non-Deed Restricted 3
Deed Restricted 3
Non-Deed Restricted 0
510
766
Current Year
Deed Restricted 122
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ -
Task Status
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
153
Non-Deed Restricted 2
Deed Restricted 62
Non-Deed Restricted 4
Deed Restricted 2
Non-Deed Restricted 0
1 193
Current Year
Deed Restricted 8
Non-Deed Restricted 0
Deed Restricted 8
Non-Deed Restricted 2
Deed Restricted 143
Non-Deed Restricted 0
1 Total Units 162
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Very Low
Low
154
CITY COUNCIL AGENDA
MARCH 1, 2022
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 10.
TITLE
Laborers International Union of North America, Local 324 (LIUNA) Appeal
RECOMMENDATION
Con,nue the Laborers Interna,onal Union of North America, Local 324 (LIUNA) Appeal of the Planning Commission approval of the SDG Commerce 217 Warehouse Distribu,on Center Conditional Use Permit for 6 months to September 6, 2022.
CONTACT
William He, AICP, Associate Planner
William D. Ross, City Attorney
BACKGROUND & ANALYSIS
In March 2020, the Stravinski Development Group (SDG) submi7ed a condi,onal use permit applica,on for a 217,294 square foot single story wine storage and distribu,on warehouse at 1075 Commerce Court, APN 058-030-065, File Number PL20-0008. A Project Loca,on map is included as Attachment 1.
The project was evaluated consistent with the California Environmental Quality Act (CEQA) and a Mi,gated Nega,ve Declara,on (MND) was prepared. The MND was sent to the State Clearinghouse and circulated for a 30-day public review from December 18, 2020 to January 18, 2021.
On February 25, 2021, the Planning Commission conducted a public hearing and approved the SDG Commerce 217 project consis,ng of the MND and Condi,onal Use Permit (Resolu,on 2021-02 and 2021-03).
On March 5, 2021, the Laborers Interna,onal Union of North America, Local 324 (LIUNA) filed an appeal to the Planning Commission’s approval. The appeal requests the City Council rescind the project approval and require a new MND or EIR. A copy of the March 5, 2021 LIUNA le7er is included as Attachment 2.
On August 9, 2021, the Project Applicant requested addi,onal ,me for review of the Lead Agency (City Staff) analysis of the Project. Accordingly, the Council directed Staff to report on the Project analysis and the Appeal not later than December 7, 2021. 155
The Sierra Watch v. County of Placer (2021) 69 Cal.App.5th 86, 86 Court of Appeal opinion concluded that project CEQA analysis for traffic impacts using mandatory Vehicle Miles Traveled (VMT) methodology must consider regional cumula,ve VMT impact on the environmental seFng, and regional environmental impacts, on among other things, air quality and noise. On the basis of the Sierra Watch case, staff has advised the applicant that addi,onal environmental review is required, beginning with, but not limited to, a revised ini,al study. The supplemental environmental review, will specifically address the key issues from the Sierra Watch case and provide for a legallydefensible environmental review. This review will take several months. Thus, staff previously recommended con,nuing the LIUNA Appeal for 3 months. The Project Applicant agreed to the continuance.
On February 7, 2022, staff contacted the Project Applicant and inquired on the status of the environmental review. The Project Applicant requested an addi,onal 6 months to complete the review. Because of the request, staff recommends con,nuing the LIUNA Appeal for 6 months, un,l the City Council mee,ng of September 6, 2022. A copy of the Project Applicant’s e-mail reques,ng the continuance is included as Attachment 3.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Economic Development and Vitality: "A7ract and expand diverse business and employment opportunities."
FISCAL IMPACT
Not Applicable
ENVIRONMENTAL REVIEW
Not Applicable
ATTACHMENTS:
1. Location Map
2. LIUNA Appeal
3. Applicant request for 6 months continuance
156
ATTACHMENT 1 – VICINITY MAP
SDG Commerce
217
SDG Commerce
330
Commerce Court
Paintball
Jungle
New
Elementary
School
Vacant
Parcel
Wastewater
Treatment
Facility
Clarke Ranch
Park
157
158
ATTACHMENTS
159
Via Email
February 25, 2021
Tyrone Navarro, Chair
Crystal Mallare, Vice Chair
Eric Altman
Andrew Goff
Tammy Wong
City of American Canyon Planning Commission
[email protected]
William He, AICP, Associate Planner
City of American Canyon Community
Development Department
4381 Broadway, Suite 201
American Canyon, CA 94503
[email protected]
Re: SDG Commerce 217 Distribution Center (PL20-0008) - Mitigated Negative Declaration (February 25, 2021 Planning Commission Meeting, Agenda Item No. 5.2
Dear Commissioners and Mr. He:
Please accept this brief comment on behalf of Laborers International Union of North America, Local 324 (“LIUNA”) and its members living and working in and around the City of American Canyon regarding the Draft Initial Study and Mitigated Negative Declaration (“MND”) prepared for the proposed SDG Commerce 217 Distribution Center Project (the “Project”). Thank you for the responses prepared to our earlier comments submitted to the Commission on January 17, 2021.
We appreciate the acknowledgement in the responses that the original VMT analysis was incorrect and employed bike trip lengths that could not be substantiated in fact or based on any effort to gather information on bike commuting in general or in the American Canyon area. It appears, however, that the City’s consultant, in responding to those obvious shortcomings, has now embellished its VMT mitigation analysis with numerous other unsubstantiated claims and speculation. Rather than an objective analysis of the actual incremental VMT reductions that will 160
SDG Commerce 217 Distribution Center MND
January 19, 2021