American Canyon City Council
April 19, 2022

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
April 19, 2022
6:30 PM
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:

Wri0en 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 meeting, and all comments received will be posted online and become part of the meeting record.

Oral comments, during the mee2ng: 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$ng, use the Register to Speak feature of eComments or connect via below Zoom link and follow the instruc$ons or by calling 408- 638-0968.

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

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

AMERICANS WITH DISABILITIES ACT: The City Council will provide materials in appropriate alterna$ve formats to comply with the Americans with Disabili$es Act. Please send a wri/en request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to [email protected]. Include your name, address, phone number and brief descrip$on of the requested materials, as well as your preferred alterna$ve 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 APRIL 19, 2022
1 PUBLIC ADDRESS – CLOSED SESSION 4:30 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. 4:30 P.M. CLOSED SESSION

1. Conference with Labor Nego2ators: Authorized Pursuant to Government Code Sec2on 54957.6
Agency Designated Representa2ves: City Manager Jason Holley and Labor Counsel Sloan, Sekai, Yeung & Wong
Employee Organization: Teamsters

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

Two Matters.

3. Conference with Real Property Nego2ator: Authorized pursuant to Government Code section 54956.8.

Property: APN 058-320-015 (Right of Way at Napa Junction Road) Agency Negotiator: Jason Holley, City Manager
Negotiating Parties: City of American Canyon and Napa Valley Unified School District Under Negotiation: Terms of Acquisition of Property
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION

PROCLAMATIONS AND PRESENTATIONS

4. Proclamation - Volunteers Week April 18 - 24, 2022

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 ma6er 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 ma6ers 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” bu6on if joining by computer, or press *9 if joining CITY COUNCIL MEETING AGENDA APRIL 19, 2022
2 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

5. Minutes of April 5, 2022
Recommendation: Approve the minutes of the April 5, 2022 City Council meeting.

6. Report Upon Return from Closed Session - April 5, 2022 Recommendation: Approve the Report Upon Return from Closed Session for the mee$ng of April 5, 2022.

7. AB361 In Person and Remote Teleconferenced Meetings - April 19, 2022 - May 19, 2022 Recommendation: Adopt a Resolu$on reaffirming that, due to the con$nuing COVID-19 Pandemic, a local emergency exists, re-ra$fying the Proclama$on of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing in-person and remote teleconferenced mee$ngs of legisla$ve and advisory bodies of the City of American Canyon for the period of April 19, 2022 to May 19, 2022 pursuant to to Ralph M. Brown Act.

8. Amendment 18 to NCFCWCD Agreement (AOO Claim)
Recommendation: Adopt a Resolu$on taking the following ac$ons in conjunc$on with the Napa County Flood Control Water Conservation District:

1. Authorize the City Manager to execute Amendment 18 to the Contract for Water Supply with Napa County Flood Control and Water Conserva$on District (“District”) (District Agreement No. 423); and

2. Authorize the District to pursue determina$on of the District's rights under the Area of Origin Se/lement Agreement and Ar$cle 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.

9. Home2Suites Fair Share Reimbursement Agreement
Recommendation: Adopt a Resolu$on of the City Council of the City of American Canyon, California authorizing a reimbursement agreement with Napa Valley Hospitality, LLC at 3701 Main Street, APN 057-072-002 in the amount of $348,908 forpropor$onal over-sizing of conditioned improvements for the proposed Home2Suites Hotel (File No. PL19-0023).

PUBLIC HEARINGS

10. Water Conservation Plan Ordinance - Continuation
Recommendation: Con$nue the first reading of the Water Conserva$on Plan Ordinance to the next regular City Council meeting on May 3, 2022.

BUSINESS

11. 2021 Annual Communications Report
CITY COUNCIL MEETING AGENDA APRIL 19, 2022
3 Recommendation: Receive and file the Annual Communications Report for 2021.

12. AB 481 Military Equipment Ordinance - First Reading Recommendation: Introduce first reading of an Ordinance establishing a Military Equipment Use Policy for the American Canyon Police Department.

13. Urban Limit Line Overview and DraE Comprehensive General Plan Update CEQA No2ce of Preparation
Recommendation: Consider taking the following ac$ons in conjunc$on with the Urban Limit Line:

1. Receive and file report on Urban Limit Line Overview; and

2. Provide Council comments on the DraQ Comprehensive General Plan Update CEQA Notice of Preparation

MANAGEMENT AND STAFF ORAL REPORTS

MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS The Mayor and Council may comment on ma6ers of public concern and announce ma6ers of public interest; no collective council action will be taken.

Anticipated Future Council Items of Note:

May 3, 2022
SB 1383 Implementation Update
Oat Hill Apartments Final Map
2020 Urban Water Management Plan
Eucalyptus Sidewalk Project
May 17, 2022
Annual Engineers Report
Fiscal Year 22/23 Proposed Budget
Eucalyptus Sidewalk Project

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 APRIL 19, 2022
4 CITY OF AMERICAN CANYON

PROCLAMATION
National Volunteer Week
WHEREAS, the City of American Canyon recognizes April 17th through April 23, 2022 as National Volunteer Week; and
WHEREAS, our community partners and non profit organizations are essential to help us build a stronger community through volunteer projects and special events that help enhance our community’s quality of life; and
WHEREAS, we shine a light on the people who inspire us to serve, recognizing and thanking volunteers who lend their time, talent and voice to make a difference within our community; and WHEREAS, volunteers empower others to take action, to realize their ability to make a difference, and be a force that transforms the world; and
WHEREAS, we recognize and thank the following agencies for their continued support and dedication to our community:

Community Action of Napa Valley (County Food Bank),
America Canyon Kiwanis Club, and American Canyon Emergency Food Pantry, the Napa Valley Community Organizations Active in Disaster (COAD), Innovative Health Solutions,
American Canyon Boys and Girls Club,
Napa Valley Unified School District,
American Canyon Community Emergency Response Team (CERT), OLE Health,
Harvest Freewill Baptist Church,
Holy Family Baptist Church,
Collabria Care,
Feeding it Forward,
Parents CAN,
5 Crosswalk Church,
American Canyon Community and Parks Foundation,
American Canyon Arts Foundation,
American Canyon High School Key Club,
American Canyon Lions Club,
Soroptimist International of American Canyon,
American Canyon Troop Support,
VFW Post 1123,
Napa Junction PTA,
Remax,
American Canyon Orthodontics,
American Canyon Pediatrics,
Brian Farmer Insurance,
Boy Scouts Troops #7062,
Cub Scouts Troop #7178,
Jameson Humane,
American Canyon Chamber of Commerce,
Catholic Charities,
various individual volunteers; and
WHEREAS, through their generosity of time, money, and in-kind services, many opportunities have been afforded to our community, including food and essential service distributions, community and fundraiser events, programs and services, community projects, and so much more; and NOW, THEREFORE, BE IT RESOLVED that I, Mayor Leon Garcia, on behalf of the American Canyon City Council, encourages the community to show appreciation to our community partners and non profit organizations by recognizing April 17th through April 23, 2022 as National Volunteer Week.

Date: April 19, 2022 ____________________________
Leon Garcia, Mayor
6 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
April 5, 2022
PUBLIC ADDRESS – CLOSED SESSION 4:30 P.M.

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

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

CALL TO ORDER
The meeting was called to order at 6:31 p.m.

PLEDGE OF ALLEGIANCE
Mayor Garcia led the Pledge of Allegiance.

ROLL CALL

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney William Ross provided an oral report on Closed Session. Closed Session commenced at 4:33 P.M. Closed Session adjourned at 6:14 P.M. A written report will be provided.

PROCLAMATIONS AND PRESENTATIONS

4. Congressional Record Statement - American Canyon's 30th Anniversary Mayor Garcia introduced a video message from Congressman Mike Thompson, then read the Congressional Record Statement.

5. Proclamation - Muslim Holiday of Ramadan
Mayor Garcia announced the Proclamation with Vice Mayor Aboudamous providing special remarks. Sheik Nidal accepted the Proclamation.

6. Proclamation - April as Arts Month
Mayor Garcia announced the Proclamation. The American Canyon Arts Foundation Board was in attendance, with the newest youth member Ethan Sabie, formally accepting the proclamation. 7 Mayor Garcia also recognized the Center for Volunteer & Nonprofit Leadership (CVNL) Heart of Napa award recipient American Canyon resident Powell Helems of Napa Valley Community Emergency Response Team, Volunteer of the Year.

PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia opened Public Comments. Written comments: none. Oral comments: none. Mayor Garcia closed Public Comments.

AGENDA CHANGES
Staff requested a continuation of Business item 11 to the City Council meeting of April 19, 2022.

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

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

Absent: None

7. Minutes of March 15, 2022
Action: Approved the minutes of the City Council meeting of March 15, 2022.

8. Revised Report Upon Return from Closed Session - February 15, 2022 Action: Approved the revised Report Upon Return from Closed Session for the meeting of February 15, 2022.

9. Partnership with Napa County to re-pave American Canyon Road East (TR22-0100) Action: Adopted Resolution 2022-28 taking the following actions in conjunction with the American Canyon Road East Pavement Maintenance: Amending the Fiscal Year 2021- 2022 adopted Capital Improvement Program Budget to include the American Canyon Road East Pavement Maintenance, City Project No. TR22-0100 and authorizing a budget of $300,000; Appropriating $300,000 of Road Maintenance and Rehabilitation Account (Fund 213) to American Canyon Road East Pavement Maintenance, City Project No. TR22- 0100; and Authorizing the City Manager to execute a reimbursement agreement (Agreement 2022-40) between the City of American Canyon and Napa County to complete Project No. TR22-0100 for a not to exceed amount of $275,000.

Vice Mayor Aboudamous was excused from the meeting at 7:30 p.m.

PUBLIC HEARINGS
There were no Public Hearing items.
8 BUSINESS

10. American Canyon Police Department’s 2021 Annual Report Council received a staff report from Police Chief Rick Greenberg.

Action: Received and filed the American Canyon Police Department’s 2021 Annual Report.

11. 2021 Annual Communications Report
Action: On staff request, Item 11. Annual Communications Report was continued to April 19, 2022.

12. Water Supply and Demand Drought Emergency Stage 2
Council received a staff report from Maintenance & Utilities Director Felix Hernandez, III.

Mayor Garcia opened Public Comments. Written comments: none. Oral comments: Johnette McNaughten was called to speak; Beth Marcus was called to speak; Justin Hamilton Hole was called to speak; Tammy Wong was called to speak. Mayor Garcia closed Public Comments.

Action: Council received and the filed report.

13. FY 2022/23 Budget Update
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: Council received the update and provided direction.

MANAGEMENT AND STAFF ORAL REPORTS
Parks & Recreation Director Alexandra Ikeda provided community updates. City Clerk Taresa Geilfuss provided information regarding the upcoming annual City Clerks Association of California conference.

MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS
Mayor Garcia recognized the Center for Volunteer & Nonprofit Leadership (CVNL) Heart of Napa award recipients American Canyon residents Ximena Alvares-Parra of Mentis, Youth Volunteer of the Year, and Emily Long of the American Canyon Community and Parks Foundation, Youth Volunteer of the Year.

Councilmember Oro suggested a city emblem be hung behind the dais. 9 ADJOURNMENT
The meeting was adjourned at 9:01 p.m.

CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
10 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
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025

File No: 199/6
April 14, 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; April 5, 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 April 5, 2022 Regular Council Meeting, consistent with Government Code Section 54957.1.

After convening in Open Session at 4:33 p.m. and ascertaining that there were no public comments on the agendized Closed Session matters, your Council adjourned to Closed Session at 4:33 p.m.

There were three matters agendized for City Closed Session consideration.

1. Conference with Labor Negotiators: Authorized Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager Jason Holley and Labor Counsel Sloan, Sakai, Yeung & Wong LLP
Employee Organization: Teamsters

2. Conference with Real Property Negotiator: Authorized Pursuant to Government Code Section 54956.8
Property: APN 058-320-015 (Right-of-Way at Napa Junction Road) Agency Negotiator: Jason Holley, City Manager
11 The Honorable Leon Garcia, Mayor
and Members of the City Council
April 14, 2022

Negotiating Parties: City of American Canyon and Napa Valley Unified School District
Under Negotiation: Terms of Acquisition of Property

3. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)
Two Matters
With respect to Closed Session Agenda Item No. 1., there was no reportable action under the provisions of Government Code Section 54957.6.

With respect to Closed Session Agenda Item No. 2., although Council direction was given, that Council direction is not reportable consistent with the provisions of Government Code Section 54956.8 and 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. 3., two matters were considered and with respect to those matters, there is no reportable action under the provisions of Government Code Section 54956.9(d)(2).

The Closed Session concluded at 6:14 p.m., where it was indicated that a written report upon return consistent with Government Code Section 54957.1, would be prepared.

This communication should be reviewed under the Consent portion of the Agenda of your next Regular or Special City Council Meeting.

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
12 CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 7.

TITLE
AB361 In Person and Remote Teleconferenced Meetings - April 19, 2022 - May 19, 2022

RECOMMENDATION
Adopt a Resolu-on reaffirming that, due to the con-nuing COVID-19 Pandemic, a local emergency exists, re-ra-fying the Proclama-on of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing in-person and remote teleconferenced mee-ngs of legisla-ve and advisory bodies of the City of American Canyon for the period of April 19, 2022 to May 19, 2022 pursuant to to Ralph M. Brown Act.

CONTACT
William D. Ross, City Attorney

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

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

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

Enclosed is a Resolu-on which would comply with the provisions of AB 361 to allow con-nued Zoom mee-ngs of the City Council, while also allowing the conduc-ng of in-person mee-ngs. This “hybrid” style of mee-ng con-nues to promote social distancing by allowing members of the Council, City Staff, and members of the public to par-cipate in the manner in which they feel most safe, thereby promo-ng public par-cipa-on while simultaneously protec-ng vulnerable members of the public, 13 such as those with compromised immune systems.

The ability to con-nue to meet by Zoom, even in conjunc-on with Open Mee-ngs, can be accomplished by the City Council provided that monthly resolu-ons as agendized are enacted with provisions referencing appropriate confirmation of declared emergencies are described.

Stated plainly, the City Council will have to enact a “361 Resolu-on” at least every 30 days to allow the Zoom teleconferencing procedure to continue.

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

These changes indicate that, pursuant to this authority, members of the public and members of the City Council may con-nue to par-cipate by Zoom video/teleconferencing, or alterna-vely participate in person at the designated physical meeting location.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
None.

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

ATTACHMENTS:

1. Resolution AB361
14 1
RESOLUTION NO. 2022-______

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

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

TELECONFERENCED MEETINGS OF LEGISLATIVE AND ADVISORY BODIES OF THE CITY OF AMERICAN CANYON FOR THE PERIOD OF APRIL 19, 2022 – MAY 19, 2022 PURSUANT TO THE RALPH M. BROWN ACT
WHEREAS, the City of American Canyon (“City”) is committed to preserving and nurturing public access and participation in meetings of the American Canyon City Council (“City Council”), Council committees, Planning Commission, and all other advisory, elected and appointed committees and commissions (“City Decision Making Bodies”); and,
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and, WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and,
WHEREAS, a required condition for such teleconference meetings is that a state of emergency be declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, that proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and, WHEREAS, that proclamation also requires that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, emergency conditions exist in the City, specifically, a State of Emergency has been proclaimed by Governor Newsom on March 4, 2020, proclaiming a State of Emergency to exist in California as a result of the threat of COVID-19; and,
15 2
WHEREAS, during the COVID-19 pandemic, the City Council has conducted remote, teleconferenced meetings consistent with the Governor’s Executive Orders promoting social distancing;
WHEREAS, consistent with AB 361, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and, WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020, and issued Executive Order N-25-20 on March 12, 2020 proclaiming temporary amendments to State law and regulations related thereto; and
WHEREAS, on March 16, 2020 the City’s Director of Emergency Services issued a Proclamation of a Local Emergency by the City of American Canyon Director of Emergency Services and Acknowledgement of a State Proclamation Declaring of a State of Emergency and Acknowledgement of a Federal Proclamation Declaring of a National Emergency (P2020-001) (the “Proclamation”); and
WHEREAS, due to the emergence of new variants of COVID-19, such as Delta Variant, followed by the surging Omicron Variant of COVID-19, not all members of the public may feel safe to participate personally at in-person meetings; and,
WHEREAS, the City Council has determined that conducting “hybrid” style meetings with the option for members of the public and members of the City Council to attend either virtually or in person would allow participation in a manner in which individuals feel most safe, thereby promoting public participation while simultaneously promoting social distancing and protecting vulnerable members of the public, such as those with compromised immune systems ; and, WHEREAS, as a consequence of the local emergency, the City Council does hereby find that City Decision Making Bodies shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and,
WHEREAS, the City is providing teleconference access via a conference phone-line number to the meetings to ensure public access.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
16 3
Section 2. Affirmation that Local Emergency Exists. The City Council hereby proclaims that a local emergency continues to exist throughout the City, and the surging of Delta and Omicron Variants of COVID-19 would present an imminent risk to meeting in person.

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

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

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

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the American Canyon City Council held on the 19th day of April 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 CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 8.

TITLE
Amendment 18 to NCFCWCD Agreement (AOO Claim)

RECOMMENDATION
Adopt a Resolu)on taking the following ac)ons in conjunc)on with the Napa County Flood Control Water Conservation District:

1. Authorize the City Manager to execute Amendment 18 to the Contract for Water Supply with Napa County Flood Control and Water Conserva)on District (“District”) (District Agreement No. 423); and

2. Authorize the District to pursue determina)on of the District's rights under the Area of Origin Se=lement Agreement and Ar)cle 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.

CONTACT
Felix Hernandez, III, Maintenance and Utilities Director

BACKGROUND & ANALYSIS
Since 1963 the Napa County Flood Control and Water Conserva)on District (“District”) and the California State Department of Water Resources (“DWR”) have been party to the State Water Supply Agreement “Agreement.” The District represents the only three en))es, also referred to as “Member Units”, in Napa County that own water supply en)tlements as part of the State Water Project: City of Napa, American Canyon and Calistoga. This contrac)ng rela)onship was a common prac)ce during the establishment of the State Water Project to limit the number of agreements for the statewide project. At the )me the agreement was established there were five member units, however over the last five decades consolida)on of water en)tlements has occurred within Napa County leaving only the three aforemen)oned ci)es holding water right en)tlements. On behalf of the three ci)es, the District is a member of the State Water Contractors Associa)on, which is comprised of all 29 entities statewide that contract for State Water Project water.

The City of American Canyon is a sub-contractor to Napa County Flood Control and Water Conserva)on District (District) for the contract with the State of California for the water received via the State Water Project (SWP) and the North Bay Aqueduct. The terms of the Contract between City of American Canyon (City) and the District are specified in District Agreement No. 423, hereinaGer “Contract”, entered into on April 5, 1966, and subsequent amendments Nos. 1 - 17. This 18 Amendment No. 18 to the Contract authorizing the District to pursue determina)on of the District’s rights under the Area of Origin Se=lement Agreement and Ar)cle 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.

In November 2007, the District filed a claim with the Department of Water Resources related to the amount of State Water Project water delivered each year pursuant to Ar)cle 18 of the State Water Supply Agreement. The District se=led the ma=er with the Department of Water Resources and established Napa as a contractor in the Area of Origin therefore en)tled to water rights alloca)on based on north of delta and typically 5-25% higher than south of delta alloca)ons. Since the Se=lement Agreement, Amendment No. 15 executed in October 2013, there is need to seek agreement with DWR, or judicial relief to restore carryover water storage lost in water year 2020 due to DWR’s interpreta)on of the par)es‘ North of Delta Alloca)on or obtain monetary compensation for the loss.

Amendment No. 18 is necessary to authorize the District to con)nue efforts on the City’s behalf related to the claim. The firm of Somach, Simmons, and Dunn is represen)ng the District, on behalf of the City of American Canyon and other municipal subcontractors in Napa County. In addi)on to the District, two other North of Delta SWP Contractors the Solano County Water Agency and the City of Yuba City make up the Area of Origin par)es (AOO) par)es. The Memorandum of Understanding between the District and the AOO par)es governs the alloca)on of a=orney’s fees and costs arising from this important li)ga)on. This joint effort is important to clarify the rights as previously agreed to under the 2013 AOO Se=lement Agreement. As this li)ga)on relates to clarifica)on of the nego)ated se=lement, the terms of the Confiden)ality Agreement for the original AOO li)ga)on entered into on November 18, 2008 remain in effect.

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

FISCAL IMPACT
Pursuant to Agreement No. 1482 and Amendment No. 18 with the District, costs associated with the District’s efforts on our behalf will be billed monthly as part of the invoice for State Water Project supply. Es)mated costs to the City of American Canyon associated with Amendment No. 18 are $3,900. These costs may go up or down depending on the complexity and )meframe of the litigation. Funding would come from account 100-10-140-42115.

ENVIRONMENTAL REVIEW
City staff recommends that the City Council determine that the Recommended Ac)on is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c).

ATTACHMENTS:

1. Resolution - Amendment 18 to Agreement No. 423 NCFCD AOOCD

2. Exhibit A - Amendment No. 18 to Agreement No. 423 NCFCD AOO between District and the City 19 3. MOU Between District and AOO Parties dated 12-07-2021

4. Confidentiality Agreement dated 11-18-2008
20 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ADOPT AMENDMENT 18 TO

THE CONTRACT FOR WATER SUPPLY WITH NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (“DISTRICT”) (DISTRICT AGREEMENT NO. 423); AUTHORIZING THE DISTRICT

TO PURSUE DETERMINATION OF THE DISTRICT'S RIGHTS UNDER THE AREA OF ORIGIN SETTLEMENT AGREEMENT AND ARTICLE 45 OF THE STATE WATER SUPPLY AGREEMENT AND DETERMINING THE ACTIONS AUTHORIZED BY THIS ACTION ARE EXEMPT FROM CEQA.

WHEREAS, in 1963 the Napa County Flood Control and Water Conservation District (District) entered into a Water Supply Contract with the California Department of Water Resources (DWR) for water supply as part of the State Water Project (SWP); and
WHEREAS, the City of American Canyon is a Member Unit of the District for the purpose of receiving raw water for the City' s water supply from the SWP; and
WHEREAS, the District represents the only three entities, also referred to as “Member Units”, in Napa County that own water supply entitlements as part of the State Water Project: City of Napa, American Canyon and Calistoga; and
WHEREAS, the District is a member of the State Water Contractors Association, which is comprised of all 29 entities statewide that contract for State Water Project; and WHEREAS, Amendment No. 18 to the Contract authorizes the District, on behalf of the City, to execute Amendment No. 9 of this Agreement, Agency has been involved in litigation over its contract with the State of California Department of Water Resources (DWR) and what is commonly referred to as the Area of Origin (AOO) Litigation; and
WHEREAS, the District is scheduled to consider approval of Amendment No. 9 subject to approval of City of American Canyon with the attached Amendment No. 18, and other member units as required by their corresponding sub-contracts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby authorizes authorizing the City Manager to execute Amendment 18 to the Contract for Water Supply with Napa County Flood Control and Water Conservation District (“District”) (District Agreement No. 423).

BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby authorizes the District to pursue determination of the District's rights under the Area of Origin Settlement Agreement and Article 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:
21 2
ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 22 1
Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 423 AMENDMENT NO. 18 OF

NAPA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AGREEMENT NO. 423
(WATER SUPPLY CONTRACT WITH THE CITY OF AMERICAN CANYON) THIS AMENDMENT NO. 18 OF NAPA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT AGREEMENT NO. 423, hereinafter referred to as “Amendment No. 18,” is made as of this _______ day of ___________, 2022, by and between the NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter referred to as “Agency,” and the CITY OF AMERICAN CANYON, hereinafter referred to as “City.”

RECITALS
WHEREAS, Agency is party to a water supply agreement (“State Water Supply Agreement”) with the State of California, initially approved on December 19, 1963, and subsequently amended by the parties thereto, that specifies the amount of water available to Agency for disbursement to its Member Units (defined by Agreement paragraph 1(f)) in any given year and a number of component charges for water allocated and delivered through the North Bay Aqueduct; and
WHEREAS, City (through its predecessor in interest the American Canyon County Water District) and Agency entered into the “Contract for Water Supply from North Bay Aqueduct Between Napa County Flood Control and Water Conservation District and American Canyon Water District“ (Agency Agreement No. 423, hereinafter “Contract”) as of November 15, 1966, subsequently modified by Amendment No. 1 as of June 24, 1975, Amendment No. 2 as of December 21, 1982, Amendment No. 3 as of April 6, 1993, Amendment No. 4 as of December 3, 1998, Amendment No. 5 as of September 21, 2000, Amendment No. 6 as of December 7, 2004, Amendment No. 7 as of December 7, 2004, Amendment No. 8 as of November 7, 2006, Amendment No. 9 as of March 4, 2008, Amendment No. 10 as of April 15, 2008, Amendment Nos. 11 and 12 as of August 4, 2009, Amendment No. 13 as of October 6, 2009, Amendment No. 14 as of June 18, 2013, Amendment No. 15 as of October 15, 2013, and by Amendment 16 as of March 19, 2019, and by Amendment 17 as of December 15, 2020, under which Agency disburses to City as a member unit, a portion of the water allocated to Agency under the State Water Supply Agreement; and
WHEREAS, as authorized under Amendment 9 of this Agreement, Agency has been involved in litigation over its contract with the State of California Department of Water Resources (DWR) and what is commonly referred to as the Area of Origin (AOO) Litigation; and
WHEREAS, the AOO litigation as outlined in paragraph 19 of this Agreement culminated in a Settlement Agreement with DWR, and
23 2
Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 423 WHEREAS, subsequent to the approval of the Settlement Agreement, the Agency on behalf of its subcontractor cities, and other North of Delta SWP Contractors, Solano County Water Agency and the City of Yuba City, collectively “AOO parties”, have disputed the AOO parties rights under the Settlement Agreement with DWR and Article 45 of the State Water Supply Agreement. The AOO parties seek an agreement with DWR, or otherwise desire to pursue appropriate judicial relief to restore the parties’ carryover storage water lost in water year 2020 due to DWR’s interpretation of the parties North of Delta (NOD) Allocation, or obtain monetary compensation for the loss (hereinafter “NOD Allocation negotiations and litigation”), and WHEREAS, the governing boards of the AOO parties have each retained the law firm of Somach, Simmons and Dunn, and authorized negotiations with, and filing a claim against, and if necessary, the commencement of litigation against DWR and others, and have entered into a MOU (Exhibit A) governing the allocation of attorney’s fees and other costs arising from the NOD Allocation negotiation and litigation (hereinafter the 2021 AOO MOU).

TERMS
NOW, THEREFORE, IT IS MUTUALLY AGREED by Agency and City that the 2021 AOO MOU shall be incorporated into the State Water Supply Agreement and the Contract shall be amended as follows:

1. Paragraph 22 is added to the Contract for Water Supply from North Bay Aqueduct between Agency and City as part of Amendment No. 18, as follows:

22. Memorandum of Understanding with Solano County Water Agency and the City of Yuba City for participation in the negotiations and litigation against the California Department of Water Resources ("DWR") for the purpose of determining the Agency's rights under AOO Settlement Agreement and Article 45 of the State Water Supply Agreement. (a) Agency has signed the 2021 AOO MOU with Solano County Water Agency and the City of Yuba City to govern the allocation of attorney's fees and other costs arising from determining the contractor’s rights under the AOO Settlement Agreement and Article 45 negotiations claims and potential litigation (as defined in the 2021 AOO MOU), the designation of lead counsel, and related confidentiality and administrative issues in order to pursue appropriate judicial relief to restore the parties’ carryover storage water lost in water year 2020 due to DWR’s interpretation of the parties North of Delta (NOD) Allocation, or obtain monetary compensation for the loss.
(b) (i) City shall reimburse Agency for its proportionate of costs incurred due to the prosecution of the NOD Allocation negotiations andlitigation against DWR, including the fees of any and all attorney's hired, in accordance with Paragraph 20(e) below, to represent the Agency on thisitem, and costs associated with the 24 3
Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 423 Memorandum of Understanding including but not limited to litigation and expert costs, administrative costs, and potential costs under Code of Civil Procedure Section 1032. These costs shall be apportioned to all Member Units directly proportional to their ultimate Table A (29,025 AF total for Napa County) annual entitlements.
(ii) City shall pay its share of the costs described in sub­paragraph (b) (i) not later than thirty (30) days after receipt of Agency's invoices. Agency's invoices shall be in amounts sufficient to allow Agency to receive funds to pay City's proportionate share of Agency's current obligations of the 2021 AOO MOU no sooner thanthirty (30) days prior to the date the same become due. (c) Agency shall keep City informed of the status of litigation and/ or settlement negotiations and shall enter into a settlement agreement onlyafter each of the Member Units agree in writing to the settlement agreement. The Agency shall not execute any settlement agreement unless each Member Unit has provided Agency with written consent to the settlement agreement. Settlement proceeds, if any, shall be apportioned among all Member Units directly proportional to their ultimate Table A Entitlements (29,025 AF total for Napa County) annual entitlements. City and Agency agree that the terms of the Confidentiality Agreement for the original AOO Litigation, entered into on November 18, 2008, remain in effect.
(d) City shall provide compensation for its proportionate share (5,200 AF of 29,025 AF or 17.92%) of the costs associated with the Agency’s portion of the 2021 AOO MOU.
(e) Agency shall not withdraw from the 2021 MOU without written authorization from each of the Member Units and after compliance with 2021 MOU.
(f) Agency shall change attorneys and/or hire new attorneys torepresent Agency on this AOC litigation only after each of the Member Units agrees in writing to the change(s)."

2. Regarding Paragraph 1 above, Agency and City acknowledge that it is the intent of the parties that the other Member Units (defined in Paragraph l(f) of the Contract for Water Supply from North Bay Aqueduct between Agency and City) within the service area of Agency under the State Water Supply Agreement will also be amending their respective Agreements with Agency in substantially the same manner as set forth above.

3. Except as provided in (1) and (2) above, all of the terms and provisions of the Agreement shall remain, after the effective date set forth above, in full force and effect aspreviously approved and last amended.
25 4
Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 423

4. The effective date of Amendment No. 18 shall be the date of execution by Agency and City.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 18 as of the date first above written.

CITY OF AMERICAN CANYON NAPA COUNTY FLOOD CONTROL

AND WATER CONSERVATION

DISTRICT
By______________________ By________________________________

JASON HOLLEY BRAD WAGENKNECHT
City Manager Vice-Chairperson
ATTEST: ATTEST:

By_________________________ By________________________________

TARESA GEILFUSS NEHA HOSKINS
City Clerk District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:

By______________________________ By_Shana A. Bagley (e-sign) WILLIAM D. ROSS SHANA A. BAGLEY
City Attorney District Legal Counsel
COUNTERSIGNED:

By_________________________

LINCOLN BOGARD
Finance Director
26 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (Agreement) is entered into this day of 2021, by and between the parties listed in Exhibit"A" attached hereto (collectively "Contractors").

RECITALS
A. The governing boards of the Contractors have authorized negotiations with, filing a claim against, and if necessary, the commencement of litigation against, the California Department of Water Resources (DWR) and others, for the purpose of determining the parties' rights under the Settlement Agreements with DWR and Article 45 of the State Water Project Water Supply Contracts (SWP Contracts). In particular, the Contractors will seek an agreement with DWR, or otherwise pursue appropriate judicial relief (i.e., consent decree, declaratory judgment, etc.), to restore the Contractors' carryover storage water lost in Water Year 2020 due to DWR's interpretation of the Contractors' North of Delta (NOD) Allocation, or obtain monetary compensation for the loss (hereinafter "NOD Allocation negotiations and litigation").

B. The Contractors desire to enter into this Agreement governing the allocation of attorneys' fees and other costs arising from the NOD Allocation riegotiations and litigation, the designation of lead counsel, and related confidentiality and administrative issues.

NOW, THEREFORE, the parties enter into this Agreement as follows:

1. Allocation of Attorneys' Fees and Costs. The parties agree that all attorneys' fees, expert fees, and other costs collectively incurred, and arising from and reasonably related to the NOD Allocation negotiations and litigation shall be divided among the Contractors based on the percentage share that each Contractor's loss of carryover in 2020 -I-1
1 0/8/2 1

ATTACHMENT 2
27 bears to the loss of carryover of all Contractors in 2020. The Contractors agree that the percentages set forth in Exhibit"A" of this Agreement illustrate the allocation of all attorneys' fees and costs collectively incurred in the NOD Allocation negotiations and litigation,

2. Addition and Withdrawal of Contractors. In the event that, following initial execution of this Agreement, additional Contractors desire to become parties to any litigation and this Agreement, or in the event of withdrawal from the NOD Allocation negotiations and litigation of one or more Contractors, the percentage shares designated in the fomiula set forth in paragraph l above shall be modified to conform with the allocation formula specified in paragraph l of this Agreement; provided, however, that a withdrawing Contractor shall remain obligated to pay its share of fees and costs incurred up to and including the date on which written notice of withdrawal is delivered to the lead attorney. In addition, if anyContractor withdraws, such Contractor shall not object to, and hereby waives any conflict regarding, the lead attorney's continued representation of the other remaining Contractors in the NOD Allocation negotiations and litigation, in accordance with paragraph 3, below.

3. Lead Counsel.
a. For the sake of efficiency and cost savings, the Contractors designate Andrew Hitchings and the law firm of Somach Simmons & Dunn to servc as Lead Counsel in the NOD Allocation negotiations and litigation. Lead Counsel shall be responsible for coordinating the conduct of the negotiations and litigation, and for keeping each Contractor's counsel informed as to the status thereof. In this regard, Lead Counsel shall timely schedule and coordinate meetings or conference calls with 2-
10/8/21

ATTACHMENT 2
28 the other Contractors' legal counsel as may be reasonably necessary to make strategic decisions.
b. The Contractors hereby authorize Somach Simmons & Dunn to file a claim against DWR with the Department of General Services, Government Claims Program, and, if necessary, a complaint and all other required pleadings on behalf of Contractors to pursue the litigation referenced above, in consultation with each Contractor's own counsel. Lead Counsel shall provide copies of draft pleadings to the other Contractors' legal counsel sufficiently in advance of court filing deadlines so as to allow adequate time for the other Contractors' legal counsel to review and comment on such draft pleadings before they are finalized and filed on behalf of the Contractors. Each Contractor may, in its discretion, elect to have its own counsel appear as attorney of record on its behalf in the NOD Allocation negotiations and litigation.

C. The reasonable fees and costs incurred by an attorney of a Contractor who has executed this Agreement that were provided at the request of Lead Counsel shall be allocated among the parties for reimbursement in accordance with paragraph l; provided, however, that Lead Counsel shall use best efforts to ensure that fees and costs incurred by other counsel at the Lead Counsel's request are not duplicative of fees and costs incurred by Lead Counsel. d. Lead Counsel serves as special counsel to Napa County Flood Control and Water Conservation District and the City of Yuba City on water matters.

However, Lead Counsel's representation of all other Contractors is limited in scope to simply facilitate efficient administration of negotiations and litigation. This -3-
1 0/8/2 l

ATTACHMENT 2
29 Agreement shall not be construed as creating an attorney-client relationship between Somach Simmons & Dunn and any of the Contractors not specifically represented by Somach Simmons & Dunn on a regular basis, except for that limited purpose.

4. Billing Procedures. The Contractors agree that Somach Simmons & Dunn shall have the responsibility for issuing invoices for attorneys' fees, and other fees and costs arising from the NOD Allocation negotiations and litigation, and that Somach Simmons & Dunn shall have the responsibility to apportion the invoices in accordance with the percentages allocated pursuant to paragraph 1, above. The Contractors agree to make payments on these invoices within 30 days of the date of the specific invoice.
s. Privileged Communications. All information related to the litigation that is shared between the Contractors and Somach Simmons & Dunn is privileged and confidential.

In addition, the Contractors agree that the attorney-client privilege and work product doctrine apply to all communications between and among Contractors, their legal counsel, Lead Counsel, and any experts retained by Contractors under this Agreement. To the maximum extent permitted by law, legal counsel and Contractors agree to maintain the confidentiality of all such communications.

6. Entire Understanding. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings, whether written or oral. This Agreement may not be modified except by an instrument in writing executed by all of the parties hereto.

7. Counterparts. This Agreement may be executed in any number of counterparts which, taken together, shall constitute one and the same Agreement. -4-
10/8/21

ATTACHMENT 2
30 8. Conflicts of Interest. The Contractors acknowledge that there may be conflicts of interest between them or between them and other petitioners/plaintiffs represented by Somach Simmons & Dunn in the negotiations and potential litigation, have been advised of these potential conflicts of interest, and hereby each waive any conflict of interest that may arise with respect to the negotiations or litigation. The Contractors also acknowledge that there may be conflicts of interest between them and existing or future clients represented or to be represented by Somach Simmons & Dunn on matters not related to the subject matter of this Agreement and hereby each waive any conflict of interest that exists or may arise with respect to these unrelated matters. Each Contractor warrants that it has consulted with legal counsel of its own choosing regarding these waivers before executing this document.

IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of Understanding effective as of the first date set forth above.

Dated: , 2021 CITY OF YUBA CITY
By:

Title:

Dated. ? , 7 , 2021 NAPA COUNTY FLOOD CONTROL AND
Title:
?
-/Y
-5-
10/8/21

ATTACHMENT 2
31 Dated : ,2021 SOLANO COUNTY WATER AGENCY
By:

Title:
-6-
l 0/8/2 l

ATTACHMENT 2
32 EXHIBIT A
*Percentages are rounded.
-7.
8/24/21
PARTY 2020 LOSS OF

CARRYOVER (AF)

PERCENTAGE

OF SHARE
City of Yuba City 960 20%
Napa County Flood Control and Water
Conservation District
1,208 26%
Solano County Water Agency 2,533 54%
Total: 4,701 100%

ATTACHMENT 2
33 ATTACHMENT 3 Page 1 of 8
34 ATTACHMENT 3 Page 2 of 8
35 ATTACHMENT 3 Page 3 of 8
36 ATTACHMENT 3 Page 4 of 8
37 ATTACHMENT 3 Page 5 of 8
38 ATTACHMENT 3

39 ATTACHMENT 3 Page 7 of 8
40 ATTACHMENT 3 Page 8 of 8
41 CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 9.

TITLE
Home2Suites Fair Share Reimbursement Agreement

RECOMMENDATION
Adopt a Resolu(on of the City Council of the City of American Canyon, California authorizing a reimbursement agreement with Napa Valley Hospitality, LLC at 3701 Main Street, APN 057-072-002 in the amount of $348,908 for propor(onal over-sizing of condi(oned improvements for the proposed Home2Suites Hotel (File No. PL19-0023).

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

BACKGROUND & ANALYSIS
On January 23, 2020, the Planning Commission adopted Resolu(on No. 20-02 (PL19-0023) approving a Design Permit to Napa Valley Hospitality, LLC ("Developer") for a new four-story 58,544 square foot 102-room Home2Suites hotel on a 1.98-acre lot at 3701 Main Street (APN 057-072-002) between Palby’s Junction and the Fairfield Inn & Suites.

The four-story Home2Suites by Hilton hotel is designed to appeal to extended stay and more tradi(onal transient travelers featuring studio kitchens with refrigerators, microwaves, dishwashers, a breakfast area, laundry service, a fitness facility, and a pool and spa. This project is the first one to be approved following adop(on of the Broadway District Specific Plan and is subject to certain Condi(ons of Approval such as frontage improvements on State Road 29. In addi(on, the City’s development standards and site condi(ons requires addi(onal u(lity and street infrastructure improvements to serve the project.

The Developer has provided es(mated costs for construc(ng a por(on of required Condi(ons of Approval No. 64 (a)-(c) and is reques(ng a fair share reimbursement allowance for construc(ng the following:
a. Main Street Extension. Main Street as a public street within the exis(ng 50-foot wide right-ofway from the exis(ng street stub just north of Antonina Avenue to South Napa Junc(on Road.

Along the frontage of the site, the curb-to-curb street width shall be 32-feet where parking is provided and 24-feet where the landscape areas bulb out on either side of the driveways. A 6- 42 foot wide sidewalk shall be provided along the frontage con(guous to the back of curb where on-street parking is provided and con(nuing along that same alignment north and south of the on-street behind the landscape bulb-outs. The landscape bulb outs shall be 7-feet wide including the curb width. North of the project frontage, the curb-to-curb street width shall be 24-feet with no sidewalks on either side. South of the project frontage extending to Antonina Avenue, the curb-to-curb street width shall be 24-feet. On the west side, provide a 6-foot wide sidewalk and landscape strip 7-feet wide including the curb width. Sidewalk is not required on the east side. Associated street improvements shall include curb and guHer along both sides, drainage improvements, streetlights and striping and signage. All 24-foot wide sec(ons shall be signed " Fire Lane - No Parking." In addi(on to runoff from the roadway, the associated drainage improvements shall convey the runoff from the upland proper(es east of the Main Street extension. Grading and drainage shall be designed to prevent ponding on these proper(es. (City’s fair share is 18.7% of the cost or $155,035 equivalent in Traffic Impact Fees.)
b. Water Main Extension. A new 12-inch diameter water main from the end of the exis(ng 12- inch water main in State Route 29 just south of the subject site, north along its frontage to the Weber Street right-of-way, then east within that right-of-way to the Main Street (Central Avenue) right-of-way, then north within that right-of-way and connec(ng to the exis(ng 6- inch water main in South Napa Junc(on Road. The final alignment shall be as approved by the City Engineer. (City’s fair share is 46.6% of the cost or $177,300 equivalent in Water Impact Fees.)
c. State Route 29 Frontage. Curb, guHer and sidewalk along the State Route 29 frontage and extending to the north to connect to the exis(ng curb, guHer and sidewalk. The exis(ng roadside drainage ditch shall be replaced with and underground storm drain. The exis(ng pavement shall be widened as necessary to match. Note that a por(on of the exis(ng pavement may have to be reconstructed to approximate the cross-slope and avoid crea(ng an unacceptable hinge-point. (City’s fair share is 9.09% of the cost or $16,573 equivalent in Traffic Impact Fees.)
City staff has calculated a fair share reimbursement based on the propor(onal costs of the condi(oned improvements needed for the project and future users and their respec(ve in-lieu fee sources as follows:

Conditioned Improvement Estimated Improvement Cost
Calculated Fair
Share
Percentage
Impact
Fee
Source
Fair Share
Reimbursement
Main Street Extension $829,100 18.7% Traffic $155,035
Water Main Extension $380,405 46.6% Water $177,300
State Route 29 Frontage
Improvements
$182,301 9.09% Traffic $16,573
Total $1,391,806 $348,908
43 Fair Share reimbursement for infrastructure improvements is permiHed under several condi(ons.

Typical examples include:

The developer constructs an “oversized” infrastructure improvement with sufficient capacity to serve their project and future users.

The developer constructs a “citywide” infrastructure improvement that would normally be funded by impact fees (i.e.: an “in-Lieu” contribution).

Using accepted California and local standards, such as oversized infrastructure, the fair share reimbursement amounts to approximately $348,908. Staff has prepared a reimbursement agreement which will allow the Developer to sa(sfy the project’s Condi(ons of Approval No. 64 (a)- (c). The agreement calls for the project to be completed by the Developer and be eligible for their respec(ve fee credits. The agreement is s(ll in a draN form and subject to addi(onal modifica(ons between the Developer's counsel and the City AHorney that are not related to the reimbursement amount.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Economic Development and Vitality: "AHract and expand diverse business and employment opportunities."

FISCAL IMPACT
The fiscal impacts of the Reimbursement are consistent with exis(ng fair share reimbursement policy and consistent with Council priori(es without cos(ng more than conserva(vely es(mated revenue projec(ons. The propor(onal over-sizing of the condi(oned improvements can be reimbursed by credits against Traffic Impact Fees ($171,608) and Water Impact Fees ($177,300) respectively, which are otherwise payable by the Developer as part of the Design Permit.

ENVIRONMENTAL REVIEW
The Home2Suites Reimbursement Agreement is categorically exempt from California Environmental Quality Act (CEQA) in accordance with Government Code 15321 – Enforcement Ac(ons by Regulatory Agencies (Class 21). Class 21 applies as an exemp(on because the Reimbursement Request is consistent with exis(ng fair share reimbursement policy and serves as an implementa(on tool for the Broadway District Specific Plan.

ATTACHMENTS:

1. Resolution Napa Valley Hospitality, LLC

2. Exhibit A - Draft Napa Valley Hospitality, LLC Reimbursement Agreement 44 RESOLUTION NO. 2022‐ XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, CALIFORNIA AUTHORIZING A REIMBURSEMENT AGREEMENT WITH NAPA VALLEY HOSPITALITY, LLC AT 3701 MAIN STREET, APN 057‐072‐002 IN THE AMOUNT OF $348,908 FOR PROPORTIONAL OVER‐ SIZING OF CONDITIONED IMPROVEMENTS FOR THE PROPOSED HOME2SUITES HOTEL (FILE NO.

PL19‐0023).

WHEREAS, on January 23, 2020, the Planning Commission adopted Resolution No. 20‐02 (PL19‐0023) approving a Design Permit to Napa Valley Hospitality, LLC ("Developer") for a new four‐story 58,544 square foot 102‐room Home2Suites hotel on a 1.98‐acre lot at 3701 Main Street (APN 057‐072‐002) between Palby’s Junction and the Fairfield Inn & Suites; and WHEREAS, the four‐story Home2 Suites by Hilton hotel is designed to appeal to extended stay and more traditional transient travelers featuring studio kitchens with refrigerators, microwaves, dishwashers, a breakfast area, laundry service, a fitness facility, and a pool and spa; and WHEREAS, the project is the first one to be approved following adoption of the Broadway District Specific Plan; and
WHEREAS, the City’s development standards and site conditions requires additional utility and street infrastructure improvements to serve the project and is subject to certain Conditions of Approval; and WHEREAS, the Developer has requested a fair share reimbursement request to reduce the $1.391 million cost of three required infrastructure improvementsrequired of Conditions of Approval No. 64 (a)‐(c): Main Street construction from South Napa Junction Road to Antonina; Water Main Extension and State Route 29 Frontage Improvements; and
WHEREAS, existing policy permits administrative approval of reimbursement requests for improvements that exceed the Project’s “Fair Share” which is a technical calculation based on objective measurements; and
WHEREAS, using accepted California and local standards, the City’s fair share reimbursement equals $348,907; and
WHEREAS, staff has prepared a reimbursement agreement which will allow the Developer to satisfy the project’s Conditions of Approval No. 64 (a)‐(c).  The agreement calls for the project to be completed by the Developer and be eligible for their respective fee credits; and.

WHEREAS, the proportional over‐sizing of the conditioned improvements can be reimbursed by credits against Traffic Impact Fees ($171,608) and Water Impact Fees ($177,300) respectively, which are otherwise payable by the Developer as part of the Design Permit; and NOW THEREFORE BE IT RESOLVED that the American Canyon City Council hereby authorizes a reimbursement agreement with Napa Valley Hospitality, LLC at 3701 Main Street, APN 057‐072‐002 in the amount of $348,908 for proportional over‐sizing of conditioned improvements for the proposed Home2Suites Hotel (File No. PL19‐0023).
45 PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of April, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Leon Garcia, Mayor
ATTEST:            APPROVED AS TO FORM:
_______________________________     _________________________________ Taresa Geilfuss, City Clerk       William D. Ross, City Attorney 46 RECORDING REQUESTED BY
RECORDED MAIL:

CITY OF AMERICAN CANYON
4381 Broadway, Suite 201
American Canyon, California 94503
Attn: City Clerk
EXEMPT from recording fee pursuant to Government Code Section 27383 ________________________________________________________________ HOME2SUITES REIMBURSEMENT AGREEMENT
This HOME2SUITES REIMBURSEMENT AGREEMENT ("Agreement"), is made by and between CITY OF AMERICAN CANYON, a municipal corporation, (hereinafter, "City"), and Home 2 Suites a subsidiary of Hilton Hotels brand, a company (hereinafter, "Developer”), and is effective this ____ day of April, 2022 ("Effective Date")

RECITALS
WHEREAS, Developer owns a 1.98-acre parcel (Napa County Assessor Parcel Number: 059-072-002-000) of vacant land commonly referred to as 3701 Main Street between Palby’s Junction and the Fairfield Inn & Suites, as more particularly depicted in Exhibit “A” attached hereto (hereinafter, the “Property”); WHEREAS, on January 23, 2020, the Planning Commission adopted Resolution 2020-02, approving a Design Permit for a new four-story 58,544 square foot 102-room Home2Suites Hotel (“Project”) on the Property, subject to certain Conditions of Approval (COA);
WHEREAS, pursuant to the California Environmental Quality Act, the Project is categorically exempt from California Environmental Quality Act (CEQA) in accordance with Government Code 15332 – In-Fill Development Projects (Class 32);
WHEREAS, COA No. 64 (a)-(c), requires Developer to construct certain Public Improvements (Improvements) depicted in Exhibit “B” and COA No. 68 (b) and (c) requires specific Improvements to be dedicated to and/or maintained by Caltrans as “State Improvements,” and other improvements to be dedicated to and/or maintained by the City as “City Improvements”;
WHEREAS, Developer is requesting a fair share reimbursement allowance depicted in Exhibit “C” for its cost in constructing those Improvements up to an amount that can reasonably be attributed to proportional over-sizing or additional capacity;
47 HOME2SUITES FUNDING

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WHEREAS, a fair share reimbursement to the Developer is subject to execution and delivery of a mutually satisfactory agreement between City and Developer (hereinafter “Parties”), and the Parties hereby agree that this Agreement shall constitute such satisfactory agreement; WHEREAS, this Agreement solely addresses Developer’s obligations under COA 64 of the Design Permit, and the Parties expressly do not waive Developer’s obligations to fulfill any and all other COAs set forth in the Design Permit.

NOW, THEREFORE, for and in consideration of the agreement of Developer to provide fair share reimbursement for the Project, the Parties agree as follows:

1. Performance of Work. Developer shall cause all of the Public and Private Improvements required by the Conditions of Approval (COA) 64 contained within Planning Commission Resolution 2020-02 to be constructed in a good and workmanlike manner. All construction work must be performed solely by licensed contractors, and the word “Developer” when used in this Agreement shall be deemed to include all licensed contractors performing such construction on Developer’s behalf or account. Pursuant to COA 64, Developer is required to construct the following:
(a) Main Street Extension. Main Street as a public street within the existing 50-foot wide right-of-way from the existing street stub just north of Antonina Avenue to South Napa Junction Road. Along the frontage of the site, the curb-to-curb street width shall be 32-feet where parking is provided and 24-feet where the landscape areas bulb out on either side of the driveways. A 6-foot wide sidewalk shall be provided along the frontage contiguous to the back of curb where on-street parking is provided and continuing along that same alignment north and south of the on-street behind the landscape bulb-outs. The landscape bulb outs shall be 7-feet wide including the curb width. North of the project frontage, the curbto-curb street width shall be 24-feet with no sidewalks on either side. South of the project frontage extending to Antonina Avenue, the curb-to-curb street width shall be 24-feet. On the west side, provide a 6-foot wide sidewalk and landscape strip 7-feet wide including the curb width. Sidewalk is not required on the east side.

Associated street improvements shall include curb and gutter along both sides, drainage improvements, streetlights and striping and signage. All 24-foot wide sections shall be signed " Fire Lane - No Parking."
In addition to runoff from the roadway, the associated drainage improvements shall convey the runoff from the upland properties east of the Main Street extension.

Grading and drainage shall be designed to prevent ponding on these properties. 48 HOME2SUITES FUNDING

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(City’s fair share is 18.7% of the cost or $155,035 equivalent in Traffic Impact Fees.)
(b) Water Main Extension. A new 12-inch diameter water main from the end of the existing 12-inch water main in State Route 29 just south of the subject site, north along its frontage to the Weber Street right-of-way, then east within that right-of-way to the Main Street (Central Avenue) right-of-way, then north within that right-of-way and connecting to the existing 6-inch water main in South Napa Junction Road. The final alignment shall be as approved by the City Engineer. (City’s fair share is 46.6% of the cost or $177,300 equivalent in Water Impact Fees.)
(c) State Route 29 Frontage. Improvements. Curb, gutter and sidewalk along the State Route 29 frontage and extending to the north to connect to the existing curb, gutter and sidewalk. The existing roadside drainage ditch shall be replaced with and underground storm drain. The existing pavement shall be widened as necessary to match. Note that a portion of the existing pavement may have to be reconstructed to approximate the cross-slope and avoid creating an unacceptable hinge-point. (City’s fair share is 9.09% of the cost or $16,573 equivalent in Traffic Impact Fees.)
The terms and conditions applicable to the Developer Improvements are subject to the COA of the Design Permit. The City shall grant to Developer without cost to Developer all appropriate easements and rights of way for the construction, maintenance and operation of the same until such time as the same are accepted for dedication by the City.

2. Reimbursement of Developer Funding. City agrees that the proportional over-sizing of the Developer Improvements funded by Developer under Section 1 above is subject to reimbursement, without interest, by credits against Traffic Impact Fees ($171,608) and Water Impact Fees ($177,300) respectively, which are otherwise payable by Developer as part of the Design Permit. If such credits are insufficient to repay the Developer in full, the City shall reimburse the deficiency to Developer, within thirty (30) days after written demand by Developer delivered at any time after issuance of the final building permit for construction of the Development Project (or confirmation by Developer in a manner reasonably satisfactory to the City that no additional improvements to the Development Project will be constructed by Developer or its successors at the Property other than replacements of existing improvements, pursuant to the Design Permit.

3. Contract Security And Labor And Material Bond. Prior to commencing any construction work pursuant to this Agreement, Developer shall furnish either the surety bonds described in paragraph 9(a) below or any one of the bond equivalents described in paragraph 9(b) below.
49 HOME2SUITES FUNDING

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(a) The following bonds which shall be prepared on the standard forms provided by City and available from City's Engineer:
(i) A surety bond in the amount of $_________ which is equal to 100% of the estimated cost of the Public Improvements to be granted to the City as security for the faithful performance of all the provisions of this Agreement, including the repair and reconstruction of defective work provisions of this Agreement and as contained in Paragraph 11 hereof, this bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion, and
(ii) A surety bond or bonds in the amount of $______ which is equal to 50% of the of the performance bond amount to be granted to City to guarantee payment in full of all persons who perform labor upon or furnish materials to be used in construction of the Public Improvements, this bond shall remain in effect at a minimum of thirty-five (35) days beyond the date of Notice of Completion, and, (iii) A surety bond in the amount of $_______ which is equal to 10% of the performance bond amount to be granted to the City, as security for the warrantee of all the provisions of this Agreement, including the repair and reconstruction of defective work provisions of this Agreement and as contained in Paragraph 11 hereof, this bond shall remain in effect at a minimum of three hundred and sixty-five (365) days beyond the date of Notice of Completion; and (iv) A surety bond in a form acceptable to the City in the amount of $______ to cover enforcement costs in accordance with Section 66499.4 of the Government Code.(b) In lieu of the surety bonds described in Paragraph 9a, Developer may furnish irrevocable letters of credit, cash deposits, savings account(s), or certificate(s) payable to City in form satisfactory to City and equivalent to said surety bonds. All legal expenses incurred by City in reviewing and approving said bond equivalents shall be paid by Developer, subject to any applicable reimbursement obligations of the City pursuant to paragraph 31 below. (b) Developer agrees to maintain such surety bonds or bond equivalents in full force and effect consistent with the terms of this Agreement, including any extensions of time as may be granted by the City.

4. Title To Improvements. Title to, and ownership of, all Public Improvements constructed hereunder by Developer which are to be delivered to City (or Caltrans, as the case may be) shall vest absolutely in City (or Caltrans, as the case may be) upon completion and acceptance of the Improvements by the City (or Caltrans, as the case may be).

5. Repair Or Reconstruction Of Defective Work. If, within a period of one (1) year after final acceptance of any work performed under this Agreement, any 50 HOME2SUITES FUNDING

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of the work done under this Agreement fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part of parts of the work. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified or act, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and, unless the work was subject to the reimbursement obligations of the City under this Agreement, Developer shall pay to City the actual cost of such repairs plus fifteen percent (15%).

6. Developer Not Agent of City. Notwithstanding any other provision of this Agreement, neither Developer nor any of Developer's agents, contractors and/or subcontractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement.

7. Cost Of Engineering And Inspection. Developer shall be responsible to pay 100% of the costs incurred by City for plan check and inspection services, subject to any reimbursement obligation under this Agreement. Upon execution of this Agreement, Developer shall continue to maintain a minimum Developer Deposit balance of $5,000 in accordance with City's ordinances, rules and regulations for all inspection, plan review and other services performed by the City's Engineer before and after the execution of this Agreement, and for the City's overhead expenses in connection with the development of the Improvements.

Said costs for plan review, inspection, and other services will be the result of actual City staff time plus twenty percent (20%) thereof for City's overhead expenses.

Should the City elect to utilize the services of a consultant, Developer shall, in lieu of payment to the City for such services as above, pay the actual cost of the consultant’s time, plus fifteen percent (15%) thereof for City's overhead expenses, but only if such costs are not subject to any reimbursement obligation under this Agreement. Should the Developer’s initial deposit for the project (DV19-0015) drop below $5,000, City shall furnish to Developer a written statement of all actual costs and overhead showing the manner in which costs were incurred or expended and an invoice equal to the amount needed to bring the deposit balance to a minimum of $5,000.

8. Notice of Breach and Default. After commencement of construction of the Improvements, if Developer refuses or fails to prosecute the work for which it is responsible, or any part thereof, with such diligence as will insure its completion within the time specified therefor, or any extensions thereof, or fails to complete said work within the required time, subject to extension, or if Developer should be adjudged as bankrupt, or Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, supplier, agents or employees, should violate any of the provisions 51 HOME2SUITES FUNDING

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of this Agreement, City's City Manager or City Council may serve written notice upon Developer.

9. Remedies For Breach and Default. Upon expiration of the ten (10) day period (or such longer period as may be specified in the Notice of Breach), City is entitled to seek all remedies in law and equity, appropriate under the circumstances of the controversy, and consistent with this Agreement, including, but not limited to, specific performance.

10. Indemnification of City. Consistent with Civil Code section 2782.8, Developer agrees to indemnify, hold harmless, and shall defend (with legal counsel selected by the City) 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 claims, demands, costs, or liability that arise out of, or pertain to, or relate to the Developer’s failure to timely deliver the Developer Funding. Developer acknowledges that City would not enter into this Agreement without the commitment of Developer to indemnify and protect City as set forth in this section. This indemnity does not apply to liability for damages to the extent arising from the sole negligence, the active negligence, or the willful acts of the City. This paragraph shall survive the termination or completion of this Agreement for the full period of time allowed by law.

11. Indemnification by City. City agrees to indemnify, hold harmless, and shall defend (with legal counsel selected by City and reasonably approved by Developer), the Developer, its direct and indirect members, officers, directors, attorneys, agents (including outside consultants), and employees and each of them from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the City’s performance of its obligations under this Agreement, including claims from any contractors, subcontractors and materialmen in connection with the Developer Funding; except to the extent arising from Developer’s default under this Agreement. Contractors shall not be considered third party beneficiaries of this Agreement. City acknowledges that Developer would not enter into this Agreement without the commitment of City to indemnify and protect Developer as set forth in this section. This indemnity does not apply to liability for damages to the extent arising from the sole negligence, the active negligence, or the willful acts of Developer.

12. Payment of Reasonable Attorneys' Fees. In case suit is brought on this Agreement, the non-prevailing party agrees to pay the prevailing party (as determined by a court of competent jurisdiction) all costs and reasonable expenses and fees incurred by prevailing party in successfully enforcing any obligations or rights created by this Agreement including reasonable attorneys' fees and costs, and upon entry of judgment all such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
52 HOME2SUITES FUNDING

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13. Notices. All notices herein required shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of: (i) actual receipt, or (ii) five (5) days after a registered or certified mail containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, notice shall be deemed to have been given when delivered to the party to whom it is addressed.

Notices required to be given to City shall be addressed as follows:

City of American Canyon
Attention: City Manager
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:

Noble Hospitality, Inc.
c/o Mark Stumm
215 W. 18th Street, Suite 222
Kansas City, Missouri 64108
53 HOME2SUITES FUNDING

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And with copies to:
(Company)
c/o (as necessary)
(Address)
(City, State, Zip)
Attention:

14. Ordinances, Rules, and Regulations. Developer shall at all times be bound by and abide by all of City's ordinances, rules, and regulations now in effect or hereinafter amended or enacted. This Agreement shall prevail over the terms and conditions of any such ordinances, rules, and regulations if there is any conflict between such ordinances, rules, and regulations and this Agreement.

15. Binding Form of Agreement. It is agreed by and between the Parties to this Agreement that the Agreement firmly binds the Parties, their heirs, executors, administrators, successors, or assignees, jointly and severally.

16. Governing Law and Venue. This Agreement and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. The venue for any legal action in State court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement shall be in the Superior Court of California, County of Napa. The venue for any legal action in Federal court filed by a party to this Agreement for the purpose of interpreting or enforcing any provision of this Agreement within the jurisdiction of the Federal courts shall be the Northern District of California. The appropriate venue for arbitration, mediation, or similar legal proceeding under this Agreement shall be in Napa County, California; however, nothing in this Agreement section shall obligate a party to submit to arbitration any dispute arising under this Agreement.

17. No Waiver. Any waiver at any time by any party hereto of its rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other default or matter.

18. Assignment. No assignment or transfer of this Agreement or any part hereof by Developer (other than to any entity affiliated with Developer) is permitted without the written consent of City, which shall not be unreasonably withheld, subject to the assignment of rights pursuant to Section 6, which shall assignable without City’s consent to one or more owners of the Phase 2 Development Project.

19. Severability. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, in whole or in part or in any other respect, then such provision or provisions only shall be deemed null and void and shall not affect the validity of this Agreement, and the 54 HOME2SUITES FUNDING

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SV 347929260v7
remaining provisions of this Agreement shall remain operative and in full force and effect and shall in no way be affected, prejudiced, or disturbed thereby.

20. Entire Agreement. This Agreement contains the entire agreement between the parties relating to Developer’s obligations under COA 64 of the Design Permit to pay the Developer Funding subject to reimbursement, and all prior or contemporaneous agreements, understandings, representations, or statements, oral or written, are superseded hereby.

21. Interpretation. The section headings or captions of this Agreement are for convenience of reference only, and shall not be deemed to define or limit the scope or intent of any of the provisions of this Agreement. No modification or amendment of this Agreement shall be valid unless the same is in writing and signed by City and all persons and entities that are then the Developer of the Property or Developer’s successors and assigns.

22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
“City”
City of American Canyon
By: __________________________
Jason B. Holley
City Manager
“Developer”

By:

Name:

Title:

ATTEST:

By: __________________________
Taresa Geilfuss
City Clerk
APPROVED AS TO FORM:

By: __________________________
William D. Ross
City Attorney

55 HOME2SUITES FUNDING

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
56 HOME2SUITES FUNDING

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EXHIBIT B
IMPROVEMENT PLANS FOR HOME2SUITES PROJECT

57 HOME2SUITES FUNDING

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58 CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 11.

TITLE
2021 Annual Communications Report

RECOMMENDATION
Receive and file the Annual Communications Report for 2021.

CONTACT
Jen Kansanback, Communications Manager

BACKGROUND & ANALYSIS
The City of American Canyon has an es1mated popula1on of 21,837 people with 5,296 total households and an average household size of 4.12 people.

Effec1ve communica1on and informed par1cipa1on are cri1cal to the successful delivery of the City of American Canyon' s services and programs. The City aims to improve communica1on processes, toolsets, and tac1cs to communicate early and o<en to build trust, dialogue, engagement, understanding, rela1onships, and support within the community. The Communica1ons Team collaborates with the City's Departments and community partners to ensure communica1on efforts are streamlined to increase our level of engagement. The Team manages the City' s communica1ons toolset, including frequent evalua1on of target audiences and messaging content. The founda1on of the Team' s work is to get the right informa1on to the right people at the right 1me, with the highest emphasis on safety and essential services.

The 2021 Communica1ons Annual Report provides an overview of the communica1ons ac1vity throughout the year. The Report highlights the “Hot Topics by Month” to provide insight on the ini1a1ves or incidents during the specific 1meframes. Addi1onally, the Report contains analy1cal data on website visitors, email subscribers, social media profiles, and the media ar1cles published on the City’ s activities.

In 2022, the Team will con1nue to par1cipate in regional communica1on collabora1ve efforts to include drought response, emergency preparedness, public health, and the upcoming fire season.

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

ENVIRONMENTAL REVIEW
None
ATTACHMENTS:

1. 2021 Annual Communications Report
60 Annual Communications Report
January through December 2021
61 Annual Communications Report | January through December 2021 | Page 2 Overview
Effective communication and informed participation are critical to the successful delivery of the City of American Canyon's services and programs.

The City aims to improve communication processes, toolsets, and tactics to communicate early and often to build trust, dialogue, engagement, understanding, relationships, and support within the community.

The Communications Team collaborates with the City's Departments and community partners to ensure communication efforts are streamlined to increase our level of engagement. The Team manages the City's communications toolset, including frequent evaluation of target audiences and messaging content. The foundation of the Team's work is to get the right information to the right people at the right time, with the highest emphasis on safety and essential services.

The following report is an overview of communications activity that occurred from January through December 2021.

Your Communications Team
Jen Kansanback, Communications Manager
The Communications Manager develops and manages the City’s external communications. The manager is responsible for development of communications collateral and distribution through the City’s communications tools, including website, social media, and email. The manager is the primary contact for all communications-related work for the City.

Shelby Corey, Communications Coordinator
The Communications Coordinator assists the Communications Manager in execution of the City’s external communications.

Jon Barilone, Karen Villaseñor, Kalee Cummings, & Kayla Cao Tripepi Smith The City engaged Tripepi Smith, a marketing and communications consulting firm, to provide on-call crisis communications support and general communications support. In addition to regular business hours, Tripepi Smith is available on evenings and weekends to assist with emergency-related communications (including translation), as necessary.

Chief Rick Greenberg, American Canyon Police Department & Laura Provencher, American Canyon Fire Protection District Public Safety Collaborative Partners.
62 Annual Communications Report | January through December 2021 | Page 3 2021 Hot Topics by Month
January February March April May June
COVID-19
Mindfulness / Mental
Health Resources
New Year New You
COVID-19
Heart Your Parks Month
We <3 Everyone Diversity
Campaign
Lucky Fun Fit Trail COVID-19
Earth Day
Memorial Day
Asian Solidarity Celebration at
Shenandoah Park
Oscar Ortiz appointed new
Napa County Sheriff
Drought Emergency
Proclamation
ACCPF Summer
Celebration
COVID-19 restriction
changes
July August September October November December
Drought Stage 2
Proclamation
Fourth of July
Watson Ranch
Groundbreaking
New Police Chief
Drought
Clean Energy Program
October event
announcements
Fall leaves
messaging
Active crisis
comms
Crisis prevention
Holiday season events Holiday posts
Water conservation
Storm alerts
Traffic advisories
63 Annual Communications Report | January through December 2021 | Page 4 Website
Total Page Visits
2021 – 725,067
2020 – 149,540
A visit is defined as a series of page requests from the same uniquely identified visitor with a time of no more than 30 minutes between each page request.

Total Page Views
2021 – 1,010,917
2020 – 414,444
A page view is a count of how many times a page has been viewed on a website or the chosen group within the chosen period of time. All page views are counted no matter how many times a user has visited the website in the chosen period of time.

Viewer Device
2021
64 Annual Communications Report | January through December 2021 | Page 5 Website
Top Ten Viewed Pages
65 Annual Communications Report | January through December 2021 | Page 6 Email Subscribers
GovDelivery Network
Top Agency Contributors to our Subscribers
66 Annual Communications Report | January through December 2021 | Page 7 Email Details
JAN
2021
FEB
2021
MAR
2021
APR
2021
MAY
2021
JUNE
2021
JULY
2021
AUG
2021
SEPT
2021
OCT
2021
NOV
2021
DEC
2021
Emails Sent 33 23 15 26 27 20 21 26 27 43 23 24
Total Emails Delivered 2,079,343
Subscriber Snapshot

PUBLICATION

SUBJECT
JAN
2021
FEB
2021
MAR
2021
APR
2021
MAY
2021
JUNE
2021
JULY
2021
AUG
2021
SEPT
2021
OCT
2021
NOV
2021
DEC
2021
Around Town
Newsletter 1,938 1,937 2,017 2,050 2,097 2,143 2,181 2,267 2,343 2,461 2,509 2,442 City Managers
Updates 13,146 13,071 13,062 13,026 13,500 13,437 13,399 13,539 13,559 13,604 13,680 13,572 General Plan
Updates 1,464 1,490 1,525 1,549 1,575 1,615 1,646 1,696 1,755 1,853 1,876 1,799 Neighborhood
Watch Updates 2,599 2,628 2,674 2,701 2,748 2,796 2,833 2,912 2,981 3,094 3,140 3,070 Park & Rec
Newsletter 2,603 2,613 2,649 2,684 2,736 2,802 2,843 2,908 2,963 3,071 3,097 3,027 67 Annual Communications Report | January through December 2021 | Page 8 Email Engagement

64.0% Engagement Rate
Percentage of recipients who opened or clicked on a link in a bulletin in the 12-month period ending 12/2021
Engagement Rate indicates how well your communications drive participation among subscribers. Each measurement considers bulletins sent over a 90-day time period. If a recipient opened the bulletin or clicked on a link, that recipient is considered Engaged. The Engagement Rate is the percentage of message recipients who are Engaged. 68 Annual Communications Report | January through December 2021 | Page 9 Social Media & Applications
*A Facebook page for Recreation was soft launched in late 2021.

FOLLOWERS/

SUBSCRIBERS
JAN
2021
FEB
2021
MAR
2021
APR
2021
MAY
2021
JUNE
2021
JULY
2021
AUG
2021
SEPT
2021
OCT
2021
NOV
2021
DEC
2021
% CHANGE BY
YEAR
Facebook
(City)* 4,877 4,872 4,878 4,891 4,906 4,910 4,922 5,163 5,172 5,131 5,137 5,143 5.2% Instagram
(Parks & Rec) 1,148 1,148 1,155 1,164 1,171 1,167 1,184 1,218 1,216 1,214 1,212 1,221 6% Nextdoor - - 6,491 6,603 6,715 6,717 6,780 6,839 6,889 6,974 7,019 7,055 8% YouTube 228 245 270 273 287 296 307 316 325 332 334 338 32% 69 Annual Communications Report | January through December 2021 | Page 10 Urgent Incident & Emergency Communications
The American Canyon Team, consisting of city and public safety staff, collaborate to ensure timely messaging is provided on any incident that could cause disruptions in our community.

There are two types of messages:

Urgent Incidents = Could cause a significant impact to access on streets or quality of life services that have the potential to result in additional risks to public safety. Not life-threatening.

These messages consist of the basic information known at the time and are posted on the city, Fire Protection District, Police Department Facebook pages, and shared on Nextdoor to enhance the spread of the messaging.

A Nixle message may also be sent primarily through the Napa County Sheriff’s Office. The decision to send a Nixle is at the discretion of the incident commander. Typically, a Nixle is issued when an incident will cause a significant impact to access on streets, or quality of life services that could result in additional risks to residents’ safety.

Emergency Incidents = Requires immediate action (or knowledge) by residents to maintain public safety and reduce loss of life.

As part of the Napa County Operational Area, emergency incident notification in American Canyon is a collaboration between the City of American Canyon, American Canyon Fire Protection District, American Canyon Police Department (ACPD), Napa County Sheriff’s Office (NCSO), and the Napa County Office of Emergency Services (OES). Personnel within these teams work collaboratively year-round with the goal of keeping all residents informed during situations that pose risk to the community.

Critical emergency incidents requiring immediate life-saving actions to be taken by our residents will warrant WEA (Reverse 911) initiated by County OES and/or Hi-Lo Siren Alerts initiated by ACPD/NCSO.

Napa County Evacuation Zones
Napa County and its incorporated municipalities have partnered with Zonehaven to establish standardized evacuation zones for the entire county. In the past, evacuation zones were different for each incident, now zones will remain mostly the same. Learn your zone for home and work and be ready to go when an evacuation order or warning for your zone is issued. Do you know your Zone? Look up your evacuation zone at MyZone.Zonehaven.com 70 Annual Communications Report | January through December 2021 | Page 11 Urgent Incident & Emergency Communications

Facebook – 16,443 Total Followers Nextdoor – 7,055 Members https://www.facebook.com/AmCanFire https://nextdoor.com/agency-detail/ca/american-canyon/city-of-american-canyon/ https://www.facebook.com/American.Canyon.Police.Department https://www.facebook.com/CityofAmericanCanyon
Nixle.com
Text Zip Code to 888-777
Nixle
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94503 17,989 17,999 18,017 18,042 18,059 18,083 18,107 18,141 18,160 18,395 18,414 18,428 2.4% 71 In the News…
December 16, 2021, Napa Valley Register
Overnight flooding reported on south Napa County
roads
December 14, 2021, Vallejo Times-Herald
American Canyon High wrestler Toby Bunch is athlete of
the week
December 14, 2021, Napa Valley Register
American Canyon wants "town center" cement plant
ruins to be historic and safe
December 13, 2021, Vallejo Times-Herald
American Canyon High boys and girls wrestling program
has five champions in tournament
December 13, 2021, Vallejo Times-Herald
American Canyon High boys basketball team wins finale
in Mark Madsen Invitation
December 13, 2021, Napa Valley Register
12 Days of Giving: American Canyon Parks Foundation
gets things done, big and small
December 12, 2021, Napa Valley Register
Police: Two arrested after man robbed in American
Canyon
December 12, 2021, Napa Valley Register
American Canyon firefighters join car club in Christmas toy drive
December 11, 2021, Napa Valley Register
Napa County wants to shift some of housing mandate to
cities
December 10, 2021, Times-Herald Online
American Canyon girls soccer team edges out Fairfield
December 9, 2021, Napa Valley Register
Police: Two drive stolen car to American Canyon
Walmart, then steal from store
December 9, 2021, Napa Valley Register
Napa Valley Prep Basketball: American Canyon girls off
to 7-2 start
December 7, 2021, Vallejo Times-Herald
American Canyon High boys basketball team blows out
Armijo
December 6, 2021, Vallejo Times-Herald
American Canyon High girls basketball team beats
Santa Rosa to claim Winter Wolf Classic
December 5, 2021, Kilgore News Herald
American Canyon embraces Christmas cheer with Magic
of the Season festival
December 5, 2021, Napa Valley Register
American Canyon Middle School Honor Roll, First
Trimester 2021-2022
December 5, 2021, Napa Valley Register
Photos: American Canyon's Magic of the Season festival
celebrates Christmas spirit
December 4, 2021, Vallejo Times-Herald
American Canyon High girls basketball team beats
Vacaville
December 3, 2021, Vallejo Times-Herald
American Canyon High girls basketball team beats
Vallejo in Winter Wolf Classic
72 Annual Communications Report | January through December 2021 | Page 13 December 2, 2021, Napa Valley Register
Update: PG&E stops gas line rupture in American
Canyon, sheltering order ends
December 2, 2021, Napa Valley Register
Update: PG&E stops gas leak in American Canyon after
construction crew hits pipe
December 2, 2021, Napa Valley Register
Gas line rupture reported in American Canyon; traffic
disruptions expected
December 1, 2021, City of American Canyon Media
Release
Suspicious Circumstance Leads to Pursuit and Arrest
December 1, 2021, Napa Valley Register
Police chase begins at American Canyon gas station,
ends with arrest at Fairfield mall
November 30, 2021, Vallejo Times-Herald
American Canyon High guard Trinity Billingsley is
athlete of the week
November 28, 2021, Vallejo Times-Herald
American Canyon High girls basketball team beats
Foothill
November 26, 2021, Napa Valley Register
American Canyon police pursuit of stolen vehicle ends
with arrest in Vallejo
November 23, 2021, City of American Canyon Media
Release
American Canyon's Magic of the Season Event
Scheduled for December 4, 2021
November 23, 2021, City of American Canyon Media
Release
Interrupted Catalytic Converter Theft
November 12, 2021, City of American Canyon Media
Release
City of American Canyon Receives the Distinguished
Budget Presentation Award from the Government
Finance Officers Association (GFOA)
November 11, 2021, Napa Valley Register
Napa County residents again gather on Veterans Day to
thank those who served
November 10, 2021, Napa Valley Register
Students of the month for visual and performing arts
November 6, 2021, Napa Valley Register
Napa Valley Prep Football: American Canyon blanks
Petaluma in fourth to seal 35-28 win
November 5, 2021, City of American Canyon Media
Release
Traffic Stop Leads to Arrest
November 3, 2021, California Patch
American Canyon Veterans Day Ceremony
November 2, 2021, Napa Valley Register
Police: Ammunition found in vehicle of theft suspects at American Canyon Walmart
November 2, 2021, City of American Canyon Media
Release
Theft at Wal-Mart Leads to High Capacity Magazine and
Ammo Arrest
73 Annual Communications Report | January through December 2021 | Page 14 November 2, 2021, Napa Valley Register
American Canyon's Reindeer Run returns Dec. 4
October 29, 2021, City of American Canyon Media
Release
Notice of Application Period to Fill Vacancies for
American Canyon Representation on Board &
Committees
October 27, 2021, City of American Canyon Media
Release
Vehicle pursuit following a burglary
October 27, 2021, KRON 4 News
American Canyon police arrest man threatening
Walmart employee with axe
October 27, 2021, City of American Canyon Media
Release
Threats with an Axe During Theft at Walmart
October 23, 2021, Napa Valley Register
Napa Valley Prep Football: American Canyon back on
top after 48-30 win over Casa Grande
October 22, 2021, Napa Valley Register
2020-21 Napa County Girls Basketball Player of the
Year: Fontilla brings team up with her this time
October 22, 2021, Napa Valley Register
Napa Valley Prep Volleyball: AmCan JV finishes 12-0 in
VVAL
October 21, 2021, Napa Valley Register
American Canyon discusses city council term limits
October 15, 2021, Vallejo Times-Herald
American Canyon High girls volleyball team falls to first place Justin-Siena
October 14, 2021, Napa Valley Register
People can opine on proposed American
Canyon/Highway 29 roundabouts
October 13, 2021, ABC News
WWE star surprises 9-year-old cancer survivor from
American Canyon
October 13, 2021, Napa Valley Register
American Canyon launches quest for regional ecocenter
October 13, 2021, Napa Valley Register
The money comes for American Canyon-to-Vallejo Vine
Trail fund gap
October 13, 2021, Napa Valley Register
Napa Valley Sports Report: Wolves win bracket at
volleyball tourney
October 13, 2021, Times Herald Online
American Canyon High girls tennis team beats Petaluma
October 12, 2021, City of American Canyon Media
Release
Early Morning Arrest
October 12, 2021, Napa Valley Register
Man arrested on gun, identity theft allegations after
American Canyon traffic stop
October 12, 2021, MCU Times
Crews respond to American Canyon grass fire
74 Annual Communications Report | January through December 2021 | Page 15 October 11, 2021, Vallejo Times-Herald
American Canyon girls volleyball takes first bracket at Stockton tournament
October 8, 2021, Vallejo Times-Herald
American Canyon High girls tennis team beats Sonoma
Valley
October 7, 2021, Napa Valley Register
PG&E moving ahead with American Canyon regional
service center
October 6, 2021, Vallejo Times-Herald
American Canyon High girls volleyball team sweeps
Napa
October 4, 2021, Napa Valley Register
Longtime local Fil-Am club gets shot in the arm
October 2, 2021, Vallejo Times-Herald
American Canyon High football team wins shootout with
Napa
October 1, 2021, Vallejo Times-Herald
The American Canyon High girls tennis team beats Casa
Grande
September 28, 2021, Napa Valley Register
Napa Valley Prep Cross Country Outlook: Runners back
on hill and vying for state
September 27, 2021, Napa Valley Register
Napa Valley Prep Volleyball: American Canyon hosts
tournament, wins bracket
September 24, 2021, Napa Valley Register
Seasonal Celebrations, halted by COVID-19 in 2020, set
to return to Napa Valley
September 21, 2021, FLAGG
Inside Napa Valley Summer/Fall 2021
September 15, 2021, Vallejo Times-Herald
American Canyon High junior varsity volleyball team
beats Sonoma Valley
September 15, 2021, Vallejo Times-Herald
American Canyon High girls volleyball team swept by
Sonoma Valley
September 15, 2021, Napa Valley Register
Voters may wait until 2024 to tweak Measure T
September 14, 2021, Vallejo Times-Herald
American Canyon High Football Player Kapono Liu is
Athlete of the Week
September 9, 2021, Vallejo Times-Herald
Vallejo paying tribute to 9/11 on Saturday
September 8, 2021, Napa Valley Register
American Canyon rebuffs Napa County concerns over
Oat Hill housing
September 8, 2021, Napa Valley Register
Napa Valley ceremonies Saturday will mark 20th
anniversary of 9/11 attacks
September 8, 2021, City of American Canyon Media
Release
American Canyon Launches Two Online Tools to Help
Residents Provide Input to the City
75 Annual Communications Report | January through December 2021 | Page 16 September 6, 2021, Napa Valley Register
Napa Redistricting efforts will soon move forward
September 1, 2021, Western City
How the public and private sectors are creating more
energy-efficient cities
August 31, 2021, Napa Valley Register
Napa County want to remain whole amid state,
Congressional districts
August 24, 2021, Napa Valley Register
American Canyon Football Preview: New stars emerging
for young Wolves
August 22, 2021, Napa Valley Register
Airport commission, American Canyon at odds over Oat
Hill condos
August 22, 2021, Napa Valley Register
Napa public schools enter new year with lower
enrollment
August 21, 2021, Napa Valley Register
2020-21 Napa County Boys Soccer Superlatives
August 21, 2021, Napa Valley Register
American Canyon decides food truck won't blight
Highway 29
August 20, 2021, Napa Valley Register
Napa County jobless rate dips in July
August 20, 2021, Napa Valley Register
Biz buzz: American Canyon Walmart remodel complete
August 20, 2021, Napa Valley Register
Napa Valley Notes and Quotes: Area players on All YSN
Basketball teams
August 17, 2021, Napa Valley Register
Fire breaks out in American Canyon mobile home; no
injuries reported
August 17, 2021, Napa Valley Register
Napa County woman, sons, turned love of sewing into
growing upholstery business
August 17, 2021, The Guardian
This town is the first in America to ban new gas stations – is the tide turning?
August 14, 2021, Napa Valley Register
Napa County recycled water used at record levels amid
drought
August 12, 2021, Napa Valley Register
Census shows slow Napa County growth rate
August 10, 2021, Patch.com
American Canyon Opts Into 100% Renewable Energy
For Facilities
August 6, 2021, Napa Valley Register
Coca-Cola says it will close American Canyon plant
August 5, 2021, Napa Valley Register
Napa County requires mask wearing in indoor public
spaces starting Friday, as COVID-19 cases mount
August 3, 2021, Napa Valley Register
American Canyon plots the future look of Highway 29
76 Annual Communications Report | January through December 2021 | Page 17 July 27, 2021, Kron 4
American Canyon Mandates Water Conservation
July 26, 2021, Napa Valley Register
New archery range opens bow-and-arrow skills, and 4-H
awareness, to American Canyon youth
July 25, 2021, Napa Valley Register
American Canyon calls for 20% water use cut
July 16, 2021, San Francisco Chronicle
The Bay Area highway most exposed to sea level rise
July 12, 2021, City of American Canyon Media Release
American Canyon Welcomes New City Clerk Taresa
Geilfuss
July 7, 2021, Napa Valley Register
Watson Ranch groundbreaking means big, new
American Canyon community
June 28, 2021, Winebusiness.com
Warehouses and new road envisioned for Hess
vineyards near American Canyon
June 27, 2021, Napa Valley Register
Post pandemic Pride party in American Canyon a
success on Sunday
June 27, 2021, Daily Republic
NorthBay breaks ground on urgent care clinic in
American Canyon
June 23, 2021, Napa Valley Register
Capt. Rick Greenburg to serve as interim chief of police in American Canyon
June 20, 2021, Napa Valley Register
American Canyon wants Highway 29 traffic off city
streets
June 18, 2021, KTVU 2
American Canyon's free Storywalk event helps families
as they emerge from the pandemic
June 17, 2021, National Recreation and Park
Association
How Parks and Recreation Safely Brought Back Aquatics
Programming
June 15, 2021, Napa Valley Register
The 'real work' begins: American Canyon High School
seniors graduate
June 14, 2021, Napa Valley Register
American Canyon planning street fairs to restart
community life
June 9, 2021, League of California Cities
Aquatic Center in American Canyon wins award for
COVID-19 response
June 9, 2021, Napa Valley Register
American Canyon asking customers to curb water use
June 7, 2021, Napa Valley Register
American Canyon Park Foundation helps ease back-tonormalcy for families June 4, 2021, PRWeb.com
The New York Conservatory for Dramatic Arts Awards
Third Annual "Your Start in Arts" High School Drama
Grant
77 Annual Communications Report | January through December 2021 | Page 18 June 2, 2021, City of American Canyon Media Release
City of American Canyon City Council Declares Drought
Emergency Stage 1, Calling for Voluntary Conservation
June 2, 2021, Napa Valley Register
Napa Valley LGBTQ Pride Month
May 28, 2021, Napa Valley Register
American Canyon approves affordable housing project
May 25, 2021, Napa Valley Register
Napa County Library announces Summer Library
Adventure for all ages
May 23, 2021, Napa Valley Register
Photos: Faces and Places, May 23
May 23, 2021, Napa Valley Register
Vehicle burglaries reported in American Canyon
neighborhood
May 20, 2021, Napa Valley Register
Update: Firefighters subdue blaze at Bronco Wine
Storage center in south Napa
May 18, 2021, Napa Valley Register
Napa supervisors accept Sheriff Robertson's resignation, tentatively appoint Ortiz sheriff
May 9, 2021, Napa Valley Register
Napa's LGBTQ Connection expands into American
Canyon
May 7, 2021, Napa Valley Register
American Canyon feels water pinch in the face of
drought
March 28, 2021, Napa Valley Register
Napa County's new 25-year draft transportation plan
unveiled
March 20, 2021, Napa Valley Register
American Canyon grants hazard pay to grocery store
workers
March 10, 2021, Napa Valley Register
Erica Ahmann Smithies to serve as American Canyon's
new public works director
March 9, 2021, Napa Valley Register
American Canyon temporarily puts brakes on new gas
stations
March 2, 2021, Napa Valley Register
Appointments available for COVID-19 vaccine clinics in
American Canyon
March 2, 2021, Napa Valley Register
American Canyon approves another wine warehouse,
with bike trail extension to Napa
February 25, 2021, Napa Valley Register
American Canyon expecting building boom this year
February 22, 2021, Napa Valley Register
American Canyon Man heralded as a hero for saving a
child
February 18, 2021, Patch.com
Questions Sought For American Canyon State of the
City
February 16, 2021, Times-Herald
Photo: Parks Get Hearts in American Canyon
78 Annual Communications Report | January through December 2021 | Page 19 February 15, 2021, Napa Valley Register
American Canyon explores proposed homes on
landmark hill
February 10, 2021, Municipal Magazine
How American Canyon Fast-tracked Safe Solutions in
Response to the Pandemic
February 8, 2021, Napa Valley Register
American Canyon considers temporary moratorium on
new gas stations
February 4, 2021, KSRO Sonoma County's FM News
Talk
American Canyon Fire Protection District Unveils Plans
to Buy A Second Station
February 3, 2021, Napa Valley Register
American Canyon will buy a site for a second fire
station
February 1, 2021, Napa Valley Register
American Canyon Community & Parks Foundation Kicks
Off Heart Your Parks month
January 30, 2021, Napa Valley Register
American Canyon approves indoor cannabis cultivation
January 23, 2021, Napa Valley Register
American Canyon cement plant ruins poised for town
center transformation
January 7, 2021 Napa Valley Register
American Canyon Recognized for Pandemic Response
January 2, 2021, Napa Valley Register
COVID-Related fallout and a tragic homicide top
American Canyon's 2020 news year
79 CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 12.

TITLE
AB 481 Military Equipment Ordinance - First Reading

RECOMMENDATION
Introduce first reading of an Ordinance establishing a Military Equipment Use Policy for the American Canyon Police Department.

CONTACT
Rick Greenberg, Police Chief

BACKGROUND & ANALYSIS
Assembly Bill Number 481 (AB 481), codified at Government Code sec6ons 7070 through 7075, requires the American Canyon Police Department (ACPD) to obtain approval from City Council of its military equipment use policy by ordinance by April 30, 2022, in order to con6nue the use of this previously acquired equipment, effective May 1, 2022.

The term “military equipment”, as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projec6le launchers, long range acous6c devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.

Provided as an a@achment is the inventory list of military equipment that the Napa County Sheriff maintains. Also a@ached is the American Canyon Police Department and Napa Sheriff's Military Equipment Use Policy. The use of the military equipment iden6fied on the inventory list is vital to ACPD’s mission and will continue to be strictly regulated through internal processes and oversight.

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

FISCAL IMPACT
The cost of the current equipment is included in the exis6ng contract with the Napa County Sheriff's 80 Office.

ENVIRONMENTAL REVIEW
None
ATTACHMENTS:

1. Ordinance - AB481 Military Equipment Use

2. Exhibit A - Napa County Sherriff's Policy 706 - Military Equipment

3. AB481 Equipment list
81 ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, STATE OF CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481 WHEREAS, Governor Gavin Newsom signed AB 481 into law on September 30, 2021; and WHEREAS, the legislative intent behind AB 481 is to increase the public transparency by which California law enforcement agencies fund, acquire, and/or use military equipment as defined under AB 481; and
WHEREAS, AB 481 requires California law enforcement agencies, such as the Sheriff’s Department, to obtain approval from their governing body of a miliary equipment use policy prior to taking certain actions relating to the funding, acquisition, and/or use of military equipment; and
WHEREAS as used in AB 481, the term “military equipment” does not necessarily indicate equipment used by the military, and includes items such as unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, long range acoustic devices, and flashbangs. The items defined by AB 481 as “military equipment” are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.

WHEREAS, AB 481 requires that the governing body make certain findings with respect to the military equipment use policy prior to its approval as set forth in Government Code Section 7071(d)(1); and
WHEREAS, AB 481 requires California law enforcement agencies that receive approval for a military equipment use policy to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter so long as the military equipment is available for use; and
WHEREAS, AB 481 requires the applicable governing body of the California law enforcement agency to annually review the military equipment use policy to either disapprove a renewal of the authorization of a type of military equipment or amend the military equipment use policy; and
WHEREAS, in order to comply with AB 481, the Sheriff’s Department has submitted its Military Equipment Use Policy No.706 for the City Council’s review and adoption, along with the Military Equipment Report.

NOW THEREFORE, THE CITY OF AMERICAN CANYON DOES HEREBY ORDAIN AS FOLLOWS:
82 SECTION 1. The City Council finds that the considerations and requirements in Government Code Section 7071(d)(1) have been met. Specifically, the City Council makes the following findings:

A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
B. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
C. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and,
D. There was no prior policy on use of military equipment and therefore no findings can be made with respect to compliance of prior use with prior policies.

SECTION 2. Napa County Sheriff Department Policy No.706, entitled “Military Equipment,” and attached hereto as Exhibit A, is hereby adopted and approved.

SECTION 3. This Ordinance shall take effect thirty (30) days after its passage.

SECTION 4. The City Council of the City of American Canyon finds that adoption of this ordinance is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.

SECTION 5. A summary of this Ordinance shall be published at least once five days before final adoption and at least once before the expiration of 15 days after its passage in a newspaper of general circulation published in the County of Napa, together with the names of members voting for and against the same.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 19th day of April, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the ______day of _____, 2022, by the following vote:
83 AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 84 Policy
706
Napa County Sheriff's Office
Napa County SO Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Napa County Sheriff's Office Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). While the Legislatures defines our equipment as military equipment, this Office defines this equipment as law enforcement equipment. 706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Office.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
85 Napa County Sheriff's Office
Napa County SO Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Napa County Sheriff's Office Military Equipment - 2
706.2 POLICY
It is the policy of the Napa County Sheriff's Office that members of this office comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Sheriff should designate a member of this office to act as the military equipment coordinator.

The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying office equipment that qualifies as military equipment in the current possession of the Office, or the equipment the Office intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Napa County Sheriff's Office (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the office’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Sheriff and ensuring that the report is made available on the office website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Office will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Office:
[Insert attachment here]
706.5 APPROVAL
The Sheriff or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Sheriff or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the office website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
86 Napa County Sheriff's Office
Napa County SO Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Napa County Sheriff's Office Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this office. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Office's policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Sheriff or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Sheriff or the authorized designee should also make each annual military equipment report publicly available on the office website for as long as the military equipment is available for use.

The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in office inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Office shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Office should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
87 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER
1535 AIRPORT BOULEVARD
NAPA, CALIFORNIA 94558-6292
(707) 253-4501

OSCAR ORTIZ
Sheriff - Coroner

Commitment to
Community
Napa County Sheriff
AB 481
Equipment Report
April 2022
88 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER
Commitment to
Community
Considerations:

The AB481-reportable equipment inventory sheets contained within this document were compiled near year-end 2021 and new-year 2022.

With respect to costs, funding, annual upkeep expenses and estimated effective lifespan, every effort has been made to be as accurate as possible while at the same time acknowledging that many factors directly affecting those aforementioned values are unpredictable.

Costs associated with the following items represent the best estimates at the time this document was prepared. Many of these items are not purchased from manufacturers, but from dealers, who adjust costs in accordance with market factors beyond the predictive abilities or control of Napa SO.

Due to the unpredictable nature of the law enforcement profession, many of the item estimated upkeep costs and effective lifespans are best estimates and may vary greatly on a year-to-year basis, due to the availability of training, type of operational incidents or other factors.
“Annual Allocation” refers to the quantity needed “on hand” over the course of a calendar year to meet all reasonably-anticipated operational and training needs. Some items may be carried over in inventory year to year depending on operational/training tempo.

With respect to terminology, “expendable equipment” items are items that typically have a one-time use and then cannot be used again, such as chemical agents or smoke grenades.

In an effort to be as efficient as possible, many items, both “expendable” and otherwise have operational applications across a diverse set of the Sheriff’s Office missions. For example, “40mm launcher (single and multi-shot capability)” is an item that is utilized by Patrol, SWAT, Mobile Field Force and other auxiliary assignments. The cost and unit allocation estimates that state “across all divisions” represents the best estimation of the requirements for those items to fill all needs for the Sheriff’s Office.

Additionally, there are costs for non-AB481 equipment that are intrinsically tied to the costs for the following items. For example, slings, carrying cases, magazines, sighting systems, flashlights, cleaning supplies, batteries and other non-AB481 reportable items are not included in the cost estimations, unit allocation or upkeep portions of this report. 89 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER
Commitment to
Community
It should also be noted that the legislature has designated these items as “military equipment”. While the military may use some of the same equipment, the Sheriff’s Office (SO) deems all of this equipment as law enforcement equipment. Much the same as the military using handcuffs, there are items in common. The manner and reason they are used is significantly different.

For many years, this office has also displayed and offered education about our equipment and why we use it. The vast majority of equipment on this list was approved for funding through the County of Napa. From our Citizen’s Academy to National Night Out, we have always been open for discussion and education.
90 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
12-Gauge Muzzle Bang/Launching Cartridge (1370 Launching Cup) Description:

The 12-Gauge Muzzle Bang / Launching Cartridge incorporates an opaque shell and utilizes black powder as the propellant. It has the ability to be used alone as a Muzzle Bang for crowd management during riotous behavior as well as tactical deployment situations against or for propelling grenades (Chemical Agent/Smoke) when using the 1370 Launching Cup.

Purpose & Use:

The 12-Gauge Muzzle Bang / Launching Cartridge used alone produces 170 dB of sound output. It is designed to be aimed at the floor or wall at a 45° angle. This round should not be direct fired at personnel. It is used as a crowd management tool in crowd control situations as a means of warning, intimidation or diversion. It may be deployed in the air over crowds or to the side for dissuading movement in a given direction. It may also be deployed to the far side of buildings to divert the attention away from an approach or entry. We have this equipment for a worst case scenario when lives or property is threatened by hostile intentions.

Launching Cartridge application: The 12-Gauge Muzzle Bang / Launching Cartridge used in conjunction with the 1370 Launching Cup provides the operator with the ability of projecting the Pocket Tactical family of hand delivered grenades. The use of the Launching Cup will project the grenades further than can be hand delivered. This increases the distance between law enforcement and crowds, reducing the chance for injuries to both parties.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $7/ea.

Annual estimated training and operational allocation of approximately 300 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the 12- Gauge Muzzle Bang / Launching Cartridge.

Compliance Protocols:

Use of the 12-Gauge Muzzle Bang / Launching Cartridge shall conform to all relevant SO policies, including but not limited to SO Policy 302.9, 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Department Policy Number 1009 shall apply to all personnel complaints. 91 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
40 mm launcher (single and multi-shot capability)
Description:

The 40 mm less lethal launcher is device that has the ability to shoot multiple types of 40 mm projectiles.

Purpose & Use:

A 40 mm launcher is used to deploy less lethal munitions and chemical agents for a variety of missions. Specifically, this launcher has been used effectively to stop aggression from lethal force, open windows for viewing, and de-escalate situations.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $800.

Annual estimated training and operational allocation of approximately 30 units across all divisions. Estimated effective lifespan 10+ years.

SWAT procedural rules that govern use:

The 40 mm launcher shall be used by SWAT team members under the direction of the SWAT team Commander.

Training Requirements:

Must complete annual SWAT firearms qualification and regularly required refresher training.

Compliance Protocols:

Use of the 40 mm launcher shall conform to all relevant SO policies, including but not limited to SO Policy 300,302,303,305,404, as well as all local, state and federal use of force laws.

Public complaint procedures:

SO Department Policy Number 1009 shall apply to all personnel complaints. 92 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
40MM Muzzle Blast Round
Description:

The 40mm Muzzle Blast Rounds incorporate an aluminum shell and utilize smokeless powder as the propellant. The 40mm Muzzle Blast Rounds are designed to deliver chemical agents in the immediate area (30 feet) of the grenadier. The 40mm Muzzle Blast Round is available in OC (Oleoresin Capsicum) or CS (Chlorobenzylidenemalononitrile). 40mm Muzzle Blast is deployed from a 40mm launcher.

Purpose & Use:

The 40mm Muzzle Blast Rounds are normally used as a crowd management solution for the immediate and close deployment of chemical agent in crowd control management during riotous behavior. However, it has proven successful during tactical operations. As a pain compliance round for riot management, the 40mm Muzzle Blast Rounds are a device for deploying chemical laden powder at close ranges for indoor or outdoor operations. The 40mm Muzzle Blast provides instantaneous emission of chemical agent directly at or on riotous, non-compliant subjects close to the police line or within confined spaces. As a tactical round, the Muzzle Blast Rounds have been used in operations such as barricaded subjects, room clearing, space denial, and a means of contaminating crawl spaces and attics. The purpose of the Muzzle Blast Round is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $28.00.

Annual estimated training and operational allocation of approximately 10 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the 40mm Muzzle Blast Rounds.

Compliance Protocols:

Use of the 40mm Muzzle Blast Rounds shall conform to all relevant NSO policies, including but not limited to NSO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

Napa SO Department Policy Number 1009 shall apply to all personnel complaints. 93 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
NONEL (NONELECTIC DELAY DETONTOR) –Various lengths of orange shock tube Description:

NONEL nonelectric delay detonator consist of a length of orange shock tube with a High Strength detonator attached to one end. They are available in various lengths.

Purpose & Use:

Nonel is an energetic material component in explosive breaching charge construction.

Explosive breaching is surgical and often offers a safer method of opening doors.

Specifically, some doors are unable to be opened by mechanical breaching in a timely manner putting a greater risk to loss of life.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $10/ea. Annual estimated training and operational allocation of approximately 700 units across all divisions.

SWAT procedural rules that govern use:

Nonel shall be handled only by Explosive Breaching trained deputies or under their direct supervision and direction while constructing explosive breaching charges. Grain weights, measurement lengths and all calculations shall be verified by a trained Explosive Breacher. All Nonel shall be stored in compliance with ATF regulations and handled in accordance with best practices as established by Explosive Breaching training standards.

Training Requirements:

Deputies must successfully complete FETT Basic/Intermediate or higher-level Explosive Breacher Course. Must complete required FETT Explosive Breacher re-certification courses at regularly required intervals.

Must maintain compliance with local, state and federal storage, transportation and handling regulations.

Compliance Protocols:

Use of Nonel as part of SWAT Operations shall conform to all relevant NSO policies, including but not limited to SO Policy 404, 407, 408 as well as all local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 94 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Armor Piercing (AP) projectiles (various calibers)
Description:

AP rounds is designed to penetrate through hardened material that other rounds are unable to.

Purpose & Use:

For the designated marksman (DM) to have the capability to stop various types of vehicles and penetrate harden objects.

Cost & Quantity Allocation:

This expendable piece of equipment has no unique or temporary funding source. Unit cost of $2.50/round. Annual estimated training and operational allocation of approximately 500 units.

SWAT procedural rules that govern use:

AP rounds shall be used by SWAT team members under the direction of the SWAT team Commander.

Use of AP rounds shall conform to all relevant local, state and federal use of force legislation.

Training Requirements:

Must complete annual SWAT rifle qualification and regularly required firearms training Compliance Protocols:

Use of the AP round shall conform to all relevant NSO policies, including but not limited to SO Policy 305,404
Public complaint procedures:

Napa SO Policy Number 1009 shall apply to all personnel complaints. 95 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community

BALLISTIC BREACHING ROUND (HOLLOW POINT CUTTER ROUND)
Description:

The Ballistic Breaching Cutter Round is designed to work in correlation with a Ballistic Breaching Shot gun. The Ballistic Breaching Cutter Round is encased in a 12-gauge shotgun casing and usually consists of a hardened steel slug.

Purpose & Use:

A Ballistic Breaching Cutter Round is a shotgun shell specially made to be fired through hardened barriers, cut through concrete re-bar, penetrate security glass, car doors and punch into automotive engine blocks. These rounds may be used when the option of mechanical breaching would be ineffective.

Cost & Quantity Allocation:

This expendable piece of equipment has no unique or temporary funding source. Unit cost of $30/box. Annual estimated training and operational allocation of approximately 5 units.

SWAT procedural rules that govern use:

The Ballistic Breaching Cutter Round shall be handled only by ballistic breaching trained deputies or under their direct supervision and direction. The firearm shall be handled in accordance with best practices as established by ballistic breaching standards.

Training Requirements:

Deputies must successfully complete a basic or higher-level Ballistic Breaching Course taught by an appropriate training company.

Must maintain compliance with local, state and federal use of force requirements.

Compliance Protocols:

Use of the Ballistic Breaching Round or Slug as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407, 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 96 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
BALLISTIC BREACHING ROUND (various material components) Description:

The Ballistic Breaching Round is designed to work in correlation with a Ballistic Breaching Shotgun. The Ballistic Breaching Round is encased in a 12-gauge shotgun casing and usually consists a variety of different materials allows for versatility of use based on target analysis.

Purpose & Use:

When properly utilized for a ballistic breaching task, it is designed to impact and structurally weaken the object it hits (thereby weakening the structure enough to allow successful tactical breaching) and then disperse into a relatively harmless powder. This round is used as an option to optimize mechanical breaching depending on the construction of the door.

Cost & Quantity Allocation:

This expendable piece of equipment has no unique or temporary funding source. Unit cost of $25/box. Annual estimated training and operational allocation of approximately 10 units.

SWAT procedural rules that govern use:

The Ballistic Breaching Round or Slug shall be handled only by ballistic breaching trained deputies or under their direct supervision and direction. They shall be handled in accordance with best practices as established by ballistic breaching standards.

Training Requirements:

Deputies must successfully complete a basic or higher-level Ballistic Breaching Course.

Must maintain compliance with local, state and federal use of force requirements.

Compliance Protocols:

Use of the Ballistic Breaching Round or Slug as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407, 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 97 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community

BALLISTIC BREACHING SHOTGUN
Description:

A short-barrel pistol-gripped 12-gauge pump action shotgun that has been modified to best perform ballistic breaching tasks. The breaching shotgun is designed to work in correlation with specific breaching rounds or slugs.

Purpose & Use:

When it is properly employed, a breaching shotgun can provide teams with safe and fast door breaching. Ballistic breach may also be employed to breach non-traditional barriers.

This shotgun offers a reliable platform for entry into denied areas when unknown doors or barriers are encountered. It can also be used in a planned event when the construction of the door requires more than mechanical breaching.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $800/ea.

Annual estimated training and operational allocation of approximately 2 units. Annual estimated upkeep costs dependent on rounds fired and preventative maintenance. Estimated effective lifespan 10+ years.

SWAT procedural rules that govern use:

The Breaching Shotgun shall be handled only by ballistic breaching trained deputies or under their direct supervision and direction. The firearm shall be handled in accordance with best practices as established by ballistic breaching standards.

Training Requirements:

Deputies must successfully complete a basic or higher-level Ballistic Breaching Course and receive regular refresher training.

Must maintain compliance with local, state and federal use of force requirements.

Compliance Protocols:

Use of the Ballistic Breaching Shotgun as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407, 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 98 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
12-Gauge-Drag-Stabilized Munition
Description:

The 12-Gauge Drag Stabilized Munition is comprised of a translucent 12-Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. The rounds are also available as green marking powder.

Purpose & Use:
12-Gauge Drag Stabilized Munition is a point-of-aim, point-of-impact, direct-fire munition that is most commonly used in situations where greater accuracy and deliverable energy is desired for the incapacitation of an aggressive, non-complaint subject at longer distances. These are considered Less Lethal Impact Munitions (LLIM). The munition is deployed from a designated and clearly marked less lethal 12-gauge shotgun.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $7.00.

Annual estimated training and operational allocation of approximately 250 units.

Training Requirements:

Deputies must successfully complete department-approved training to be able to use 12- Gauge Drag Stabilized Munitions.

Compliance Protocols:

Use of 12-Gauge Drag Stabilized Munitions shall conform to all relevant SO policies, including but not limited to SO Policy 302.9, 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 99 N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Chemical Agents- handheld delivered grenade devices
Description:

The Chemical Agents handheld grenade devices utilizes an M201A1 Fuze with enclosed canister that come in a variety of sizes, configurations and irritant payloads. In the OC (Oleoresin Capsicum) or CS (Chlorobenzylidenemalononitrile) configurations, pelletized chemical agent is discharged through a gas port(s) from the canister.

Purpose & Use:

Chemical Agents handheld grenade devices can be used to conceal tactical movement.

They can be used in crowd control management during riotous behavior as well as tactical deployment situations to detect and/or dislodge barricaded subjects. The purpose of Chemical Agents handheld grenade devices is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The different configurations allows for indoor or outdoor deployments.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $45.

Annual estimated training and operational allocation of approximately 15 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use Chemical Agents handheld grenade devices.

Compliance Protocols:

Use of Chemical Agents handheld grenade devices shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 100
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
DETONATING CORD (DET CORD) (AKA – PRIMACORD) –Various
grain weights per linear foot
Description:

PRIMACORD detonating cords (Det Cord) are flexible linear explosives with a core of PETN explosive encased in a textile outer jacket. They are available in various grain weights per linear foot.

Purpose & Use:

PRIMACORD is an energetic material component in explosive breaching charge construction. Explosive breaching is surgical and often offers a safer method of opening doors. Specifically, many commercial doors are unable to be opened by mechanical breaching in a timely manner putting a greater risk to loss of life.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $0.60/linear foot. Annual estimated training and operational allocation of approximately 4000 linear feet across all divisions.

SWAT procedural rules that govern use:

Det Cord shall be handled only by Explosive Breaching trained deputies or under their direct supervision and direction while constructing explosive breaching charges. Grain weights, measurement lengths and all calculations shall be verified by a trained Explosive Breacher. All Det Cord shall be stored in compliance with ATF regulations and handled in accordance with best practices as established by Explosive Breaching training standards.

Training Requirements:

Deputies must successfully complete FETT Basic/Intermediate or higher-level Explosive Breacher Course. Must complete required FETT Explosive Breacher re-certification courses at regularly required intervals.

Must maintain compliance with local, state and federal storage, transportation and handling regulations.

Compliance Protocols:

Use of Det Cord as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407, 408 as well as all local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 101
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Exact/Direct Impact 40MM Sponge Munitions
Description:

The Exact Impact 40 MM Sponge Munition is a lightweight, high-speed projectile consisting of a plastic body and sponge nose. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent.

The Direct Impact 40 MM Foam Munition is a lightweight projectile that consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area can hold inert, marking, OC (Oleoresin Capsicum) or CS
(Chlorobenzylidenemalononitrile) powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The munition is deployed from a 40mm launcher.

Purpose & Use:

The Exact Impact 40 MM Sponge Munition and the Direct Impact 40 MM Foam Round is a point-of-aim, point-of-impact, direct-fire munition that is most commonly used in situations where greater accuracy and deliverable energy is desired for the incapacitation of an aggressive, non-complaint subject at longer distances. These are considered Less Lethal Impact Munitions (LLIM).

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $25.

Annual estimated training and operational allocation of approximately 40 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the Exact Impact 40 MM Sponge munition and the Direct Impact 40 MM Foam munition.

Compliance Protocols:

Use of the Exact Impact 40 MM Sponge munition and the Direct Impact 40 MM Foam munition shall conform to all relevant SO policies, including but not limited to SO Policy 302.9, 404, 407 and 431.

Must maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 102
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Ferret Round-40MM
Description:

The Ferret 40mm Round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. It is available with either liquid or powder carrier for the agent. The payload can hold OC (Oleoresin Capsicum) or CS (Chlorobenzylidenemalononitrile). Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety.

Purpose & Use:

The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of the structure or vehicle. It is primarily used to dislodge barricaded subjects from very small confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $27.

Annual estimated training and operational allocation of approximately 20 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the Ferret 40mm Round.

Compliance Protocols:

Use of the Ferret 40mm Round shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 103
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Noise/Flash Diversionary Device (NFDD AKA – Flashbangs) – 12 gram and 4 gram Description:

NFDD utilizes an M201A1 type fuze with Hex design steel body. The bodies are reloadable and are reusable up to 25 times. The charges are available in full 12 gram loads, or 4 gram training charges.

Purpose & Use:

NFDD’s are used to distract suspects during high risk operations.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $40/ea. Annual estimated training and operational allocation of approximately 50 units.

SWAT procedural rules that govern use:

NFDD’s shall only be handled by trained deputies. Charges for the NFDD’s will be installed by trained deputies. All devices shall be stored in compliance with ATF regulations and handled in accordance with best practices as established by NFDD training standards.

Training Requirements:

Certified instructors much complete certification every four years. Deputies must complete training to use NFDD from certified instructors prior to deployment, and receive annual instruction on deployment and use.

Compliance Protocols:

Use of NFDD as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407, 408.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations, as well as all local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 104
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Infrared laser (IR) designator (various configurations) Description:

Infrared Laser signaling device.

Purpose & Use:

IR laser is used as a “laser pointer” style pointing device that can be seen through night vision and has the capability of attaching to a weapon system. IR lasers are not visible to the naked human eye. Marking or targeting locations with this system improves communication and lowers confusion.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $2000.

Annual estimated training and operational allocation of approximately 4 units. Estimated annual upkeep costs dependent on warranty coverage and routine/preventative maintenance. Estimated lifespan 5+ years.

SWAT procedural rules that govern use:

IR laser device shall be used by SWAT team members under the direction of the SWAT team Commander.

Use of the IR Laser designator shall conform to all relevant local, state and federal use of force legislation.

Training Requirements:

Show proficiency in manipulation and annual qualification.

Compliance Protocols:

Use of the IR laser designator shall conform to all relevant SO policies, including but not limited to SO Policy 305,404
Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 105
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
LENCO BEARCAT G3 ARMORED VEHICLE
Description
Off road and rural mission armored vehicle, seats 10-12 fully equipped officers, open floor plan that allows for rescue of downed personnel.

Purpose and Use
Armored vehicle system in a rugged off-road platform to provide enhanced off-road performance which allows for emergency response in rural regions and natural disasters scenarios for a variety of missions where standard armored SWAT vehicles would experience challenges. Optionally equipped with ram, “ramcam” that can penetrate a wall to allow live video feed inside a structure, technology meshing to allow the use of advanced technologies on scene, and all steel construction. Having the ability to safely approach areas of concern increases the ability of members of this office to conduct rescues or isolate violent offenders.

Cost & Quantity Allocation:

This equipment has no unique or temporary funding source. Unit cost of $400,000/vehicle.

Annual upkeep costs dependent on mileage, fuel, preventative maintenance. Annual estimated training and operational allocation of approximately 1 unit. Estimated effective lifespan approximately 10 years.

SWAT procedural rules that govern use
The Lenco Bearcat G3 is primarily operated by auxiliary drivers whose purpose is to drive and operate equipment on the Bearcat. However, all members of the SWAT team and auxiliary members have been provided in-person hands-on training on the vehicle and its capabilities.

Training Requirements
Every driver must possess a valid driver license, show competency when operating the Lenco Bearcat G3, and be up to date on the POST mandated Emergency Vehicle Operator Course (EVOC).

Compliance Protocols
Use of the Lenco Bearcat shall conform to all relevant SO policies, including but not limited to 308 – Vehicle Operations and Parking Procedures and 703 – Vehicle Use Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 106
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Recon Robotics Throwbot (AKA- Throwbot)
Description:

The Throwbot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments.

Purpose & Use:

The Throwbot is used to gain mission critical information in harsh or hazardous environments. This system allows members of this office to gain information without putting a person in danger.

Cost & Quantity Allocation:

Any repairs or replacements will be through warranty and if it is not covered through warranty, then funding will come from the SWAT budget/funding source; there are no annual fees associated with this device. Annual estimated training and operational allocation of approximately 1 units. Estimated effective lifespan 5+ years.

SWAT procedural rules that govern use:

The Throwbot shall only be handled and controlled by trained deputies.

Training Requirements:

Deputies do not need to complete any formal training to be able to control the Throwbot with its easy-to-use, handheld controller.

Compliance Protocols:

Use of the Throwbot as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 107
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Robotex Avatar Tactical Robot (AKA- Avatar)
Description:

The Avatar is a robot platform that allows the operator the ability to inspect a dangerous situation through instantaneous video and audio reconnaissance (including push-to-talk/ two-way audio capability) without the need to send personnel in to assess the situation.

Optionally, the Avatar robot can be fitted with a “claw” that can provide limited lift/move/carry/manipulate of small objects to include opening doors.

Purpose & Use:

The Avatar is used to gain mission critical information in harsh or hazardous environments.

Cost & Quantity Allocation:

Any repairs or replacements will be through warranty and if it is not covered through warranty, then funding will come from the SWAT budget/funding source; there are no annual fees associated with this device. Annual estimated training and operational allocation of approximately 1 unit. Estimated effective lifespan 5+ years.

SWAT procedural rules that govern use:

The Avatar shall only be handled and controlled by trained deputies.

Training Requirements:

Deputies do not need to complete any formal training to be able to control the Avatar with its easy-to-use, handheld controller.

Compliance Protocols:

Use of the Avatar as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 108
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Zistos Under-the-Door Camera (AKA- Under-Door-Camera)
Description:

The Under-the-Door Camera provides a safe and covert way to view into a room.

Purpose & Use:

The Under-the-Door Camera provides operators the ability to gain critical mission information with limited penetration.

Cost & Quantity Allocation:

Any repairs or replacements will be through warranty and if it is not covered through warranty, then funding will come from the SWAT budget/funding source; there are no annual fees associated with this device. Annual estimated training and operational allocation of approximately 1 unit. Estimated effective lifespan 5+ years.

SWAT procedural rules that govern use:

The Under-the-Door Camera shall only be handled by trained deputies.

Training Requirements:

Deputies do not need to complete any formal training to be able to control the Under-theDoor-Camera with its easy-to-use, handheld controller.

Compliance Protocols:

Use of the Under-the-Door Camera as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 408.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 109
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Short barreled select fire AR-15 style rifle (various configurations) Description:

A Short barreled select fire AR-15 style rifle available in a variety of calibers, barrel lengths and configurations.

Purpose & Use:

The short barreled select fire AR-15 style rifle is the type of firearms that SWAT team members are issued and employ for a wide variety of missions. This rifle is used to match the threats of highly violent offenders who are armed with weapons that could overwhelm responding deputies.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $1500.

Ongoing costs determined by rounds fired operationally and in training, routine and preventative maintenance. Annual estimated training and operational allocation of approximately 20 units.

Estimated effective lifespan 10+ years.

SWAT procedural rules that govern use:

The rifle shall be assigned and used by SWAT team members who meet the departmentset rifle qualifications and under the direction of the SWAT commander.

Training Requirements:

Must complete annual SWAT rifle qualification and regular firearms training.

Compliance Protocols:

Use of A Short barreled select fire AR-15 style rifle as part of SWAT Operations shall conform to all relevant SO policies, including but not limited to SO Policy 305, as well as all local, state and federal use of force laws.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 110
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Smoke- handheld smoke grenade devices
Description:

The handheld smoke grenade devices utilizes an M201A1 Fuze with enclosed canister that come in a variety of sizes, colors, configurations that uses HC (Hexachlorethane) and SAF-Smoke. Smoke is discharged through gas ports located on the canister.

Purpose & Use:

Handheld smoke grenade devices can be used to conceal tactical movement. They can be used in crowd control during riotous behavior. It can be used to detect and/or dislodge a barricaded subject. It can also be used as an emergency signaling device. The different configurations allows for indoor or outdoor deployments.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $43.00. Annual estimated training and operational allocation of approximately 8 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use handheld smoke grenade devices.

Compliance Protocols:

Use of handheld smoke grenade devices shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 111
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Spede-Heat 40mm Round
Description:

The Spede-Heat 40mm Round incorporates an aluminum shell and utilizes black powder as the propellant. The Spede-Heat 40mm Round is designed to deliver one dual-ported chemical or smoke canister from a 40mm launcher at various ranges, product dependent.

The Spede-Heat 40mm Round is available in OC (Oleoresin Capsicum) or CS (Chlorobenzylidenemalononitrile) and Saf-Smoke. Spede-Heat 40mm round is deployed from a 40mm launcher.

Purpose & Use:

The Spede-Heat 40mm Round can be used to conceal tactical movement. They can be used in crowd control management during riotous behavior. The purpose of the SpedeHeat 40mm Round is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects.

The different configurations allows for different distances and chemical agent or smoke deployments. These rounds are used for area denial both externally and inside structures.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $25.

Annual estimated training and operational allocation of approximately 4 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the Spede-Heat 40mm Round.

Compliance Protocols:

Use of Spede-Heat 40mm Round shall conform to all relevant NSO policies, including but not limited to NSO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

Napa SO Department Policy Number 1009 shall apply to all personnel complaints. 112
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Stinger Grenade
Description:

The Stinger Grenade with Safety Clip is a combination Less Lethal Impact Munitions (LLIM) and Distraction Device that may incorporate optional CS (Chlorobenzylidenemalononitrile) or OC (Oleoresin Capsicum) laden powder, if desired.

The Stinger Grenade is a maximum effect device as it delivers up to four stimuli for psychological and physiological effect: rubber pellets, light, sound, and optional chemical agent or OC.

Purpose & Use:

The Stinger Grenade is most widely used in crowd control management during riotous behavior as well as tactical deployment situations to detect and/or dislodge barricaded subjects. Upon deployment, the blast is sufficient to project the rubber balls (32 cal. /60 cal. Option) and optional chemical agent in a 50 foot radius.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $50.

Annual estimated training and operational allocation of approximately 8 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the Stinger Grenade.

Compliance Protocols:

Use of the Stinger Grenades shall conform to all relevant SO policies, including but not limited to SO Policy 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 113
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Sub-compact select fire weapon system
Description:

A sub-compact select fire weapon system is a shoulder fired weapon system that varies in calibers.

Purpose & Use:

A more compact, more easily concealed weapon system that can be deployed for appropriate situations.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $0.00 – legacy items already exist in inventory. Estimated annual upkeep determined by rounds fired and routine/preventative maintenance. Estimated effective lifespan 10+ years.

SWAT procedural rules that govern use:

The sub-compact select fire weapon system shall be used by SWAT team members under the direction of the SWAT team Commander.

Training Requirements:

Must complete annual SWAT firearms qualification and regularly required firearms training.

Compliance Protocols:

Use of the sub compact select fire weapon system shall conform to all relevant SO policies, including but not limited to SO Policy 305,404, as well as all local, state and federal use of force laws.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 114
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
Firearms Suppressor (various calibers, lengths, attachment styles) Description:

A suppressor is a device typically attached at the end of a barrel of a firearm.

Purpose & Use:

A suppressor is used to muffle and distort the sound of a firearm as it is fired. Suppressors can decrease confusion during a violent confrontation by allowing deputies to communicate more effectively. It can also decrease muzzle blast allowing better vision during a violent encounter.

Cost & Quantity Allocation:

This piece of equipment has no unique or temporary funding source. Unit cost of $1000.

Annual estimated training and operational allocation of approximately 20 units (up to 1 unit per rifle). Estimated annual upkeep costs determined by rounds fired and routine/preventative maintenance. Estimated effective lifespan 10+ years.

SWAT procedural rules that govern use:

The suppressor shall be used by SWAT team members under the direction of the SWAT Commander.

Training Requirements:

Must complete annual SWAT rifle qualification and regularly required firearms training.

Compliance Protocols:

Use of a suppressor shall conform to all relevant SO policies, including but not limited to SO Policy 305,404
Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 115
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
40 MM Warning/Signaling Round
Description:

The 40mm Aerial Warning/Signaling Round series are designed to produce 170 dB of sound, and 5 million candelas of light. Each munition is manufactured to deflagrate at a set distance and altitude and has the option of marking or irritant payloads. These distances are 50,100,200 and 300 meters from the point of origin. The munition is deployed from a 40mm launcher.

Purpose & Use:
40mm Aerial Warning/Signaling Round are used to distract/disorientate individuals and provide less lethal response against potential threats. It is also effective in directing the movement of riotous crowds.

Cost & Quantity Allocation:

This expendable equipment has no unique or temporary funding source. Unit cost of $40.

Annual estimated training and operational allocation of approximately 5 units.

Training Requirements:

Deputies must successfully complete department-approved training to be authorized to use the 40mm Aerial Warning/Signaling Round.

Compliance Protocols:

Use of the 40mm Aerial Warning/Signaling Round shall conform to all relevant SO policies, including but not limited to SO Policy 302.9, 404, 407 and 431.

Must also maintain compliance with local, state and federal storage, transportation and handling regulations and all relevant local, state and federal use of force legislation.

Public complaint procedures:

SO Policy Number 1009 shall apply to all personnel complaints. 116
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
sUAS - Small Unmanned Aircraft System
Description:

DJI Mavic small unmanned aircraft, quadcopter affixed with camera. Registered with the FAA as a small drone, used both commercially and privately for aerial photo / video.

Flight Range; 4.3 miles, Flight time 27 minutes and top speed of 40 MPH.

Expected lifespan; Approx. 5 years. Multiple factors can vary Manufacturer's description; Powerful flagship camera drone equipped with camera to facilitate professional-level imaging. It also offers omnidirectional obstacle sensing for a smooth flight experience.

Purpose & Use:

The members of the Napa County Sheriff’s Office small Unmanned Aerial Systems (sUAS) Team shall provide aerial observation support for the Sheriff’s Office and other law enforcement and public safety entities within Napa County. Missions will be accomplished lawfully, safely and professionally, while adhering to our Commitment to Community and respecting the privacy of the citizen’s we serve.

Cost and Quantity:
$3800-6000 initial cost; minimal annual maintenance. Quantity 7.

Legal and procedural rules:

Refer to SO policy 606. Refer to sUAS Program Operations and procedures manual and FAA COA's and Regulations.

Required training:

Agency-authored Pilot Training Program; FAA Part 107 license. Both are refreshed biannually.

Compliance mechanisms:

Operational use under the review of the sUAS Commander or Pilot in Command.

117
N

NAPA COUNTY OFFICE OF SHERIFF-CORONER

Commitment to
Community
sUAS - Small Unmanned Aircraft System
Description:

Inspired Flight IF1200, small unmanned hexacopter with batteries and remote control.

Affixed with camera and registered with FAA. Capabilities; Flight Range 6 miles, Flight time 40 minutes and top speed of 49 MPH. Expected lifespan Approx. 5 years. Multiple factors can vary Manufacturer's description "Designed for the most demanding of industrial applications, the IF1200 supports 8kg payloads and up to 40 minute flight times.

With unparalleled ruggedness, flight performance, and an open-system architecture, the IF1200 is a workhorse platform fully designed, manufactured & supported in the USA." Purpose & Use:

The members of the Napa County Sheriff’s Office small Unmanned Aerial Systems (sUAS) Team shall provide aerial observation support for the Sheriff’s Office and other law enforcement and public safety entities within Napa County. Missions will be accomplished lawfully, safely and professionally, while adhering to our Commitment to Community and respecting the privacy of the citizen’s we serve.

Cost and Quantity:
$54,000 initial purchase; minimal annual expenses. Quatity 1.

Legal and procedural rules:

Refer to SO policy 606. Refer to sUAS Program Operations and procedures manual and FAA COA's and Regulations.

Required training:

Manufacturer Train the trainer course, Agency-authored Pilot Training Program; FAA Part 107 license. Both are refreshed bi-annually. Compliance mechanisms Operational use under the review of the sUAS Commander or Pilot in Command. 118

CITY COUNCIL AGENDA
APRIL 19, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 13.

TITLE
Urban Limit Line Overview and Dra# Comprehensive General Plan Update CEQA No*ce of Preparation

RECOMMENDATION
Consider taking the following actions in conjunction with the Urban Limit Line:

1. Receive and file report on Urban Limit Line Overview; and

2. Provide Council comments on the Dra# Comprehensive General Plan Update CEQA No*ce of Preparation

CONTACT
Brent Cooper, AICP, Community Development Director

BACKGROUND & ANALYSIS
In response to the Council’s request for informa*on, this staff report provides background informa*on on the City’s Urban Limit Line. In addi*on, as part of the ongoing effort to update the City’s General Plan, staff has prepared a dra# No*ce of Prepara*on (NOP) for the General Plan Program Environmental Impact Report. The NOP is important because it describes the proposed General Plan update scope and marks the beginning of the General Plan environmental review process.

Issue 1: Urban Limit Line
The City’s Urban Limit Line (ULL) was described in a 2008 Agreement between the City Council and the Napa County Board of Supervisors. A map depic*ng the Urban Limit Line is included as Attachment 1.

Subject to limita*ons, the Agreement provided the City with County assurance that they would support City annexa*on of three proper*es in the Napa Airport Specific Plan. In return, the County received benefits as described below:

Napa Airport Specific Plan proper*es within the proposed Urban Limit Line were required to have Industrial Easements to ensure they would not be used for non-industrial purposes (see ULL Agreement Part II Section A.1).

The City’s water service policies were to be revised to permit Outside Customers to obtain 119
water service with the same terms or condi*ons as City Customers, except that Outside Customers were subject to a higher water service rate (see ULL Agreement Part II Sec*on A.2 and Exhibit E and F).

The City agreed to limit its municipal boundary to within the ULL un*l at least 2030 (see ULL Agreement Part III Section A).

A copy of the ULL Agreement 2008-93 is included as Attachment 2.

ULL Agreement Adoption Timeframe
The ULL Agreement required the City to amend its General Plan to revise the ULL consistent with the Agreement no later than August 8, 2008. Furthermore, the ULL was required to be affirmed through an Initiative no later than the November 2008 general election.

In a very short *me, the Urban Limit Line and Prezoning Act Iniave received more than enough qualifying signatures. The pe**on was delivered to the Napa County Elec*on Division on July 16, 2008 and was cer*fied on July 18, 2008. On August 5, 2008, the City Council accepted the Napa County Clerk’s Urban Limit Line and Prezoning Act Iniave cer*fica*on. The Ini*a*ve achieved the General Plan and Zoning Ordinance amendments as called for in the ULL Agreement three days before the August 8 deadline. A copy of Resolution 2008-106 is included as Attachment 3.

ULL vs Annexation
Approval of the ULL Agreement itself does not “annex” land to the City. To annex land, the City or Property Owner(s) must submit an applica*on to the Napa County Local Agency Forma*on Commission (LAFCO). In most cases, the proposed annexa*on area must be located within the City’s Sphere of Influence (SOI) - a boundary administered by LAFCO. Except in a few narrow situa*ons, an SOI amendment and annexa*on is possible only when the City and County agree. Apart from the Napa Airport Industrial proper*es, the ULL Agreement did not assure County concurrence with City annexa*on applica*ons, but it helped achieve a coopera*ve environment where concurrence was possible.

The ULL Today
In the years following the ULL Agreement, the City received LAFCO approval of numerous annexa*on applica*ons. Between 2008 to today, the City boundaries increased from 4.13 square miles to just over 6 square miles. These annexed areas and the year cer*fied by LAFCO are shown below:

Watson Ranch (2011)
Napa Logistics Park and Panattoni Properties (2011)
Eucalyptus Grove and Clarke Ranch Park (2011)
NVUSD Properties (2011)
Canyon Estates (2015)
120
A map depic*ng these annexa*on areas are included as AJachment 4. Remaining ULL proper*es outside the City limits are depicted in pink. This map includes a pending applica*on to annex the Paoli/Watson Lane properties.

The Future ULL
The ULL Agreement and Ini*a*ve states that the ULL will expire in 2030. According to the ULL Agreement and Ini*a*ve, ULL amendments prior to 2030 would require a subsequent Ini*a*ve. As shown in AJachment 4, there are certain proper*es - mostly east of Watson Ranch- within the ULL that have not been annexed into the City. If the ULL expires in 2030 with no replacement or extension, annexing these remaining ULL areas could become more challenging.

Issue 2: General Plan Update Notice of Preparation (NOP) The American Canyon General Plan update serves as a long-term framework for future growth and development. The General Plan represents the community’s view of its future and contains the goals and polices upon which the City Council, Planning Commission, staff, and the en*re community will base land use and resource decisions.

California Environmental Quality Act
The Genal Plan Update requires environmental review pursuant to the California Environmental Quality Act (CEQA). To comply with CEQA, the City serves as the “Lead Agency.” Given the broad range of poten*al environmental impacts caused by buildout of the city consistent with the General Plan Update, the City will prepare a Program Environmental Impact Report (Program EIR).

The No*ce of Prepara*on (NOP) is the first step in preparing the Program EIR. The NOP provides a summary of the General Plan Update; includes the City’s preliminary iden*fica*on of the poten*al environmental issues to be analyzed in the EIR; and provides informa*on on how to comment on the scope of the EIR.

Release of the NOP is a formal process to request comments and guidance from “Responsible Agencies,” “Trustee Agencies,” interested public agencies, organiza*ons, and the general public on the scope and content of the Program EIR (CEQA Guidelines Section 15082).

A “Trustee Agency is a public agency that has jurisdic*on by law over natural resources that are held in trust for the people of California. An example includes the California Department of Fish and Wildlife (CDFW).

A “Responsible Agency” is a public agency that has some discre*onary authority over a por*on of the General Plan but is not the Lead Agency. An example is the Bay Area Air Quality Management District, among other regional agencies.

Potential Environmental Effect Areas
The EIR will describe the reasonably foreseeable and poten*ally significant adverse effects of the proposed General Plan Update (both direct and indirect). The EIR also will evaluate the cumula*ve 121
impacts of the project when considered in conjunc*on with other related past, present, and reasonably foreseeable future projects. The NOP iden*fies a list of poten*ally significant environmental impacts. This list is included as Attachment 5.

General Plan Update Scope
To provide a contemporary plan that will guide the community through the next 20 years, the General Plan update will emphasize technical updates that reflect recent development decisions and changes in State law. A second phase of the General Plan Update will emphasize new policy ini*a*ves. This two-phase approach is intended to expedite an updated General Plan that complies with current State Laws.

The major components of the Phase 1 Comprehensive Technical General Plan Update include:
• General Plan Study Area.

California state law requires a general plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears rela*on to its planning” (Gov. Code § 65300). Consistent with State Law, the General Plan Study Area has been broadened from the current General Plan boundary (City and Sphere of Influence) to include the historic boundary of the American Canyon Water Service Area (Water Service Area). Broadening the Study Area to include the Water Service Area reflects the need to plan for ongoing Water and Wastewater services the city provides to proper*es outside the City limits. A graphic depic*ng the proposed General Plan Study Area is included as Attachment 6. • Land Use Element. As the first of two phases, the Technical General Plan Update is intended to expedite an updated General Plan that complies with current State Laws. Thus, the Technical General Plan Update includes only minor changes to the Land Use Plan.

One category of proposed land use changes focuses on correc*ng inconsistencies between the land use and General Plan designa*on. Examples include changing public-school sites from “Residen*al” to “Public”; and changing creeks and open space from “Residen*al” to “Open Space.” A second category of proposed land use changes focuses on the Napa Valley School District’s request to amend surplus property to a “Residen*al” designa*on. A third category of proposed land use changes focuses on the pending Paoli/Watson Lane Annexa*on. These changes would amend “Agriculture” land use to “Industrial.” Proposed Land Use Amendments are depicted in AJachment

7. • Circula&on Element. This element will incorporate Vehicle Miles Travelled policies consistent with Senate Bill 743 (SB 743); incorporate the “West Side Connector” roadway alignment; update street standards for all modes, including pedestrians, bicyclists, and transit consistent with the California Complete Streets Act.
• Community Services Element. This element will focus on goals and policies related to public 122
services, including police, fire, and emergency services. • Open Space and Recrea&on Element. This element will address the wide variety of parks, trails, and open spaces serving the diverse recrea*on needs of American Canyon residents, par*cularly youth, and The General Plan Update will ensure the General Plan is internally consistent and maintains a balance of land uses; maintains and supports quality-of-life, community sa*sfac*on, and safety for all residents; and meets new State requirements. • Conserva&on Element. This element will consider the effects of exis*ng and planned development on natural resources located on public lands, including military installa*ons, consistent with Government Code Sec*on 65302(d). This Element will address State law requirements, including air quality, greenhouse gas emissions, and climate change adaptation. • Safety Element. This element will cover seismic ac*vity, other geologic hazards, fire hazards, hazardous materials, flooding, and other poten*al hazards, consistent with Government Code Sec*on 65302(g). It will also address resiliency and risks from natural hazards in American Canyon, pursuant to SB 379. This element update will require a vulnerability analysis to comply with State law.
• Noise Element. This element will noise element requirements, consistent with Government Code Sec*on 65302(f), including new exis*ng noise contours as well as projected noise contours based on future traffic volumes projected to arise from improvements planned for in the Circulation Element. • Housing Element. This element will be an update for the 2022-2030 RHNA cycle to adequately plan to meet the housing needs of everyone in the community, consistent with Government Code Sec*on 65583. Due to State-Mandated deadlines, the Housing Element update is an*cipated to be completed earlier than the rest of the comprehensive technical General Plan update. • Urban Limit Line (ULL). As discussed above, the ULL will expire in 2030. Policies to address whether to expire, extend or amend the ULL will take *me to consider. Although there is no reason to preclude star*ng now, it will likely take more *me to address the future for the ULL than the Technical Update schedule. For this reason, staff has scheduled any ULL revisions for the Phase 2 Comprehensive General Plan Update.
• Implementation. This chapter will be a comprehensive implementa*on strategy with discrete, tangible ac*ons that the City will undertake to carry out all the Plan’s goals, policies, and objec*ves.

It will also highlight goals, policies, and programs related to administra*on of the General Plan. The chapter will detail *ming, poten*al funding sources, and the responsible par*es for each implementation measure.
• Project Alterna&ves. The EIR will evaluate a reasonable range of project alterna*ves that, consistent with CEQA, meet most of the project objec*ves and reduce or avoid poten*al 123
environmental effects, including a required No Project Alternative.

A copy of the Draft NOP is included as Attachment 8.

Schedule
As men*oned above, the Phase 1 Technical General Plan update is intended to expedite an updated General Plan that complies with current State Laws. The schedule for Phase 1 contemplates a comple*on date in approximately twelve months from now. Separate from the Comprehensive General Plan Update is the Housing Element Update. This effort is also underway and is an*cipated to be completed on or before the Phase 1 General Plan Update. A graphic depic*ng the schedule is included as Attachment 9.

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

FISCAL IMPACT
This project (CIP CD19-0100) has a budget of $787,500. Expenses to date total $239,800. The es*mated cost of the General Plan Update is $1.5 million. One poten*al funding op*on in Fiscal Year 2022-23 is the Economic Development Reserve.

ENVIRONMENTAL REVIEW
The Recommended Ac*on described in this Agenda Report is not subject to CEQA, pursuant to General Rule Section 15060(b)(3), No effect on environment.

ATTACHMENTS:

1. AmericanCanyon_ULL

2. ULL Agreement 2008-93 Napa County No 7070

3. ULL Initiative RESOLUTION 2008-R106

4. ULL Annexations

5. NOP CEQA Topics

6. General Plan Study Area Boundary

7. Land Use Amendments

8. Draft NOP

9. Phase 1 General Plan Update Schedule
124
City of American Canyon
LAFCO of Napa County
1754 Second Street, Suite C
Napa, California 94559
www.napa.lafco.ca.gov
Not to Scale
November 10, 2021
Prepared by BF ­
City of American Canyon
City of American Canyon
Sphere of Influence
Legend
Yolo
Sonoma Solano
Lake
Calistoga
St Helena
Yountville
Napa
American
Canyon
City of American Canyon
Urban Limit Line
Green Island Rd
Eucalyptus Dr
American Canyon Rd S Kelly Rd
£¤29
£¤12
Watson Ln
ATTACHMENT 1
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ATTACHMENT 2
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RESOLUTION 2008 -10 6

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AMERICAN CANYON, ACCEPTING THE NAPA COUNTY CLERK'S

CERTIFICATION OF CITY URBAN LIMIT LINE
AND PREZONING ACT INITIATIVE.

WHEREAS, On July 15, 2008, Proponents submitted to the Office of the City Clerk petitions for a proposed measure for the City of American Canyon City Urban Limit Line and Prezoning Act; and
WHEREAS, after a prima facie review of the petitions for required number of signatures, and a
legal review by the City Attorney of the format of the petitions, the Office of the City Clerk determined that the petitions were sufficient to the extent to be forwarded for further review by the Napa County Elections Division to verify the number of registered voters; and
WHEREAS, the Napa County Elections Division completed the certification of the Initiative Petition on July 18, 2008 using a random sample verification process authorized by the California Election Code, and based upon the results of the random sample, the petition was deemed qualified and could be considered for further action by the American Canyon City Council at their regular meeting on August 5, 2008.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of American Canyon hereby accepts the certification by the Napa County Clerk, of the Initiative Petition submitted on Wednesday, July 16, 2008, a copy of which certificate is attached hereto as Exhibit A.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of American Canyon at a regular meeting held on the 5th day of August, 2008 by the following votes:

AYES: Garcia, Coffey, Bennett, Callison, West
NOES: None
ABSTAIN: None
ABSENT: None
L l~GtiV~ G,
Leon Garcia, Mayor
TT ST: APPROVED AS TO FORM:

Dorothy oa y Clerk William D. Ross, City Attorney
R:\ edit\ 08-ccpacket\ 2008 05- P1i #21 Attachment 02 RESO Certificate of Sufficiency.doc ATTACHMENT 3
155

CLERKS CERTIFICATE TO REFERENDUM PETITION
I John Tuteur, Registrar of Voters of the County of Napa, State of California, hereby certify:
that the City of American Canyon Urban Limit Line and Prezoning Act Inititiative Petition was transmitted to this office on July 16, 2008.

That each section contains signatures purporting to be the signatures of qualified electors of the City of American Canyon.

That attached to this petition at the time it was filed was an affidavit of the person who solicited the signatures, and also containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualifications, that he or she had solicited the signatures upon that section, that all of the signatures were made In his or her presence and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person;
That upon the request of the City Clerk of the City of American Canyon, with whom the proponent filed this petition, we tabulated the number of valid signatures by examining the records of registration in the City of American Canyon, current and in effect at the respective dates of such signing, to determine what number of qualified electors signed the petition, and from that examination it has been determined;

1. Number of sections 66
2, Number of unverified signatures filed (raw count) 1864

3. Number of signatures verified 500
a. Number of signatures found sufficient 424
b. Number of signatures found not sufficient 76
c. Number of duplicate signatures 1

USING THE GUIDELINES SET FORTE BY THE CALIFORNIA SECRE' AYT'OF STATE FOR

CALCULATING SUFFICIENT SIGNATURES WHEN USING A RANDOM SAMPLE, I RAVE

DETERMINED THAT THE PETITION HAS SUFFICIENT SIGNATURES TO QUALIFY FOR FURTHER ACTION BY THE CITY COUNCIL OF 111E CTTY OF AMERICAN CANYON PURSUANT TO THE I

CALIFORNIA ELECTION CODE
In witness whereof, I have hereunto set )
andc)un'
affixed by officia seal this day of
18 July, 2008.
seal}
ohn Tuteur
nry Clerk and cx-officio Registrar of Voters
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ATTACHMENT 4
Urban Limit Line
Annexations Labelled
Remaining ULL Shown in Pink
Napa Logistics
and Panattoni
Eucalyptus
Grove
Clarke
Ranch
Watson
Ranch
Canyon
Estates
NVUSD
Property
Pending Paoli
/ Watson
Lane AX
ULL
ULL
ULL
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ATTACHMENT 5

POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS
201
DRAFT Notice of Preparation
City of American Canyon General Plan Update

▪ Aesthetics
▪ Agriculture and Forestry Resources
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Greenhouse Gas Emissions
▪ Land Use and Planning
▪ Noise
▪ Population and Housing
▪ Public Services and Recreation
▪ Transportation
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
▪ Wildfire
▪ Cumulative Effects
▪ Growth Inducing Effects
When the Draft EIR is completed, it will be available for review at the City’s offices located at 4381 Broadway Street, Suite 201, American Canyon, California 94503 and online at:
https://www.cityofamericancanyon.org/government/community-development/planning-zoning/general-planupdate. The City will issue a Notice of Availability of a Draft EIR at that time to inform the public and interested agencies, groups, and individuals of how to access the Draft EIR and provide comments.

If you have questions regarding this NOP or the scoping meeting, please contact Brent Cooper at (707) 647-4335 or via email at [email protected]
_____________________________________________ ____________________ Brent Cooper, Community Development Director Date
202
DRAFT Notice of Preparation
City of American Canyon General Plan Update

Figure 1 Regional Location
203
DRAFT Notice of Preparation
City of American Canyon General Plan Update

Figure 2 Project Location
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DRAFT Notice of Preparation
City of American Canyon General Plan Update

Figure 3 Area of Proposed Land Use Element Amendments
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ATTACHMENT 6

General Plan Study Area
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ATTACHMENT 7

Figure 1 Area of Proposed Land Use Element Amendments
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ATTACHMENT 7
Proposed Land Use Element Amendments
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NOTICE OF PREPARATION
City of American Canyon General Plan Update
Date: April 19, 2022
To: Reviewing Agencies, Interested Parties, and Organizations Subject: Notice of Preparation of a Draft Environmental Impact Report for the City of American Canyon General Plan Update
The City of American Canyon (City) is preparing an update to the City’s General Plan. The City has determined that a Program Environmental Impact Report (EIR) will be necessary to evaluate environmental impacts of the General Plan Update pursuant to the California Environmental Quality Act (CEQA). In compliance with CEQA, the City will be the Lead Agency and will prepare the Program EIR. The City is requesting comments and guidance on the scope and content of the Program EIR from responsible and trustee agencies, interested public agencies, organizations, and the general public (CEQA Guidelines Section 15082).

This Notice of Preparation (NOP) provides a summary of the General Plan Update; includes the City’s preliminary identification of the potential environmental issues to be analyzed in the EIR; and provides information on how to comment on the scope of the EIR.

Notice of Preparation Public Review Period: April 19, 2022 to May 19, 2022 The City requests your careful review and consideration of this notice, and it invites any and all input and comments from interested agencies, persons, and organizations regarding the preparation of the Program EIR.

Comments and responses to this notice must be in writing and submitted to the Lead Agency Contact through May 19, 2022 at 4:00 p.m. If applicable, please indicate a contact person for your agency or organization. If your agency is a responsible agency as defined by CEQA Guidelines Section 15381, your agency may use the environmental documents prepared by the City when considering permits or approvals for action regarding the project.

Lead Agency Contact:

Brent Cooper, Community Development Director
City of American Canyon Community Development Department 4381 Broadway Street, Suite 201
American Canyon, California 94503
[email protected]
ATTACHMENT 8
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Written Comments: Please submit written comments within 30 days of the date of this notice to any of the below by 4:00 p.m. on May 19, 2022:
▪ Email: [email protected]
▪ Regular Mail: Nicolle Jones, Community Development Department, City of American Canyon, 4381 Broadway Street, Suite 201, American Canyon, California 94503
Public Scoping Meeting: The City will hold a virtual scoping meeting to provide an opportunity for agency staff and interested members of the public to submit written and oral comments on the scope of the environmental issues to be addressed in the EIR. The scoping meeting will be held on Wednesday, May 5, 2022 at 6:00 p.m. To attend the scoping meeting, go to https://zoom.us/join.

Webinar ID: 879 2535 9973
Passcode: 253149
Dial: (408) 638 0968
The scoping presentation will be available to view after May 9, 2022 on https://www.cityofamericancanyon.org/government/city-hall/city-clerk/meetings-agendas.

Project Background: The City must undertake a technical update to its General Plan to ensure the General Plan is internally consistent and maintains a balance of land uses; maintains and supports quality-of-life, community satisfaction, and safety for all residents; and meets new State requirements. A Regional Location map is included as Figure 1.

Project Location: The General Plan Update will encompass the City of American Canyon city limits, the Sphere of Influence, Urban Limit Line, and historic water service area (Figure 2).

Proposed Project: The American Canyon General Plan update will serve as a long-term framework for future growth and development. The General Plan represents the community’s view of its future and contains the goals and polices upon which the City Council, Planning Commission, staff, and the entire community will base land use and resource decisions. To provide a contemporary plan that will guide the community through the next 20 years, the General Plan update will reflect recent development decisions and changes in State law. Major components of the comprehensive technical General Plan Update include:
• Land Use Element. This element will resolve inconsistencies between existing and General Plan land uses and accommodate land use amendments for certain properties owned by the Napa Valley Unified School District. Proposed land use amendments are depicted in Figure 3. • Circulation Element. This element will incorporate Vehicle Miles Travelled policies consistent with Senate Bill 743 (SB 743); incorporate the “West Side Connector” roadway alignment; update street standards for all modes, including pedestrians, bicyclists, and transit consistent with the California Complete Streets Act.
• Community Services Element. This element will focus on goals and policies related to public services, including police, fire, and emergency services.
• Open Space and Recreation Element. This element will address the wide variety of parks, trails, and open spaces serving the diverse recreation needs of American Canyon residents, particularly youth, and 210
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emphasize the unique features of the City’s natural environment – from the Newell Open Space to the east to the wetlands and trails to the west.
• Conservation Element. This element will consider the effects of existing and planned development on natural resources located on public lands, including military installations, consistent with Government Code Section 65302(d). This Element will address State law requirements, including air quality, greenhouse gas emissions, and climate change adaptation. • Safety Element. This element will cover seismic activity, other geologic hazards, fire hazards, hazardous materials, flooding, and other potential hazards, consistent with Government Code Section 65302(g). It will also address resiliency and risks from natural hazards in American Canyon, pursuant to SB 379. This element update will require a vulnerability analysis to comply with State law. • Noise Element. This element will noise element requirements, consistent with Government Code Section 65302(f), including new existing noise contours as well as projected noise contours based on future traffic volumes projected to arise from improvements planned for in the Circulation Element. • Housing Element. This element will be an update for the 2022-2030 RHNA cycle to adequately plan to meet the housing needs of everyone in the community, consistent with Government Code Section 65583.

Due to State-Mandated deadlines, the Housing Element update is anticipated to be completed earlier than the rest of the comprehensive technical General Plan update. • Implementation. This chapter will be a comprehensive implementation strategy with discrete, tangible actions that the City will undertake to carry out all the Plan’s goals, policies, and objectives. It will also highlight goals, policies, and programs related to administration of the General Plan. The chapter will detail timing, potential funding sources, and the responsible parties for each implementation measure.

Project Alternatives: The EIR will evaluate a reasonable range of project alternatives that, consistent with CEQA, meet most of the project objectives and reduce or avoid potential environmental effects, including a required No Project Alternative.

Potential Environmental Effect Areas: The EIR will describe the reasonably foreseeable and potentially significant adverse effects of the proposed project (both direct and indirect). The EIR also will evaluate the cumulative impacts of the project when considered in conjunction with other related past, present, and reasonably foreseeable future projects. The City preliminarily anticipates that the proposed project could result in potentially significant environmental impacts in the following topic areas, which will be further evaluated in the EIR. 211
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▪ Aesthetics
▪ Agriculture and Forestry Resources
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Greenhouse Gas Emissions
▪ Land Use and Planning
▪ Noise
▪ Population and Housing
▪ Public Services and Recreation
▪ Transportation
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
▪ Wildfire
▪ Cumulative Effects
▪ Growth Inducing Effects
When the Draft EIR is completed, it will be available for review at the City’s offices located at 4381 Broadway Street, Suite 201, American Canyon, California 94503 and online at:
https://www.cityofamericancanyon.org/government/community-development/planning-zoning/general-planupdate. The City will issue a Notice of Availability of a Draft EIR at that time to inform the public and interested agencies, groups, and individuals of how to access the Draft EIR and provide comments.

If you have questions regarding this NOP or the scoping meeting, please contact Brent Cooper at (707) 647-4335 or via email at [email protected]
_____________________________________________ ____________________ Brent Cooper, Community Development Director Date
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Figure 1 Regional Location
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Figure 2 Project Location
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Figure 3 Area of Proposed Land Use Element Amendments
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ATTACHMENT 9
Phase 1 General Plan Update Schedule
City of American Canyon Housing Element and Technical General Plan Update Task 1 Project Restart
Task 2 Housing Element
Task 3 Technical General
Plan Update
Task 4 Draft and Final
Program EIR
Task 5 Hearings and Adoption
Phase 2 TBD
2022 2023 2024
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