Agenda packet — American Canyon City Council, November 15, 2022 (part 1 of 2)

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
November 15, 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 will be conducted both in person at City Hall, 4381 Broadway, Suite 201, and also via Zoom Teleconferencing to promote local, state, and federal guidelines and social distancing recommendaons for the containment of the coronavirus. City officials and members of the public are invited to a5end the meeng either in person or via teleconference. This meeting will be broadcast live to residents on Napa Valley TV, on our website here and on YouTube here.

PUBLIC PARTICIPATION
Oral comments, during the mee+ng: Oral comments can be made in person during the mee$ng. A Zoom Webinar has been established for public comments made via zoom. To give your public comment via zoom, use the Register to Speak feature of eComments, connect via the below Zoom link and use the “raise your hand” tool, or call into the zoom mee$ng at 408-638-0968 and press *9 to “raise your hand” when the item is called. To avoid confusion, all hands raised outside of Public Comment periods will be lowered.

Written comments, via eComments: Please submit wri3en comments through the eComments link, located on the Mee$ngs & Agendas page of our websitehere. Comments will be available to council members in real $me. eComments will remain open throughout the mee$ng. All comments received will be posted online and become part of the meeting record.

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 wri3en 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 NOVEMBER 15, 2022
1 PUBLIC ADDRESS – CLOSED SESSION 5:30 P.M.

The Mayor will call the meeng to order and conduct role call. Council will immediately convene into Closed Session a9er hearing any public comment on Closed Session items. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary. 4:00 P.M. CLOSED SESSION

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

Two Matters.

2. Conference with Legal Counsel - Exis+ng Li+ga+on (2 ma?ers). Authorized pursuant to Government Code Section 54956.9(d)(1):
a. City of American Canyon v. City of Vallejo, et al. (Napa Superior Court Case No. 22CV000772)
b. City of American Canyon v. Leon Dale Schmidt (Napa Superior Court Case No. 22CV001041)

3. Ma?ers Rela+ng to Public Employment Public Employee Performance Evalua+ons Pursuant to Gov. Code Section 54957.

Position: Jason Holley, City Manager
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

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 ma5er 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 ma5ers 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” bu5on if joining by computer, or press *9 if joining by phone, when the item is called. To avoid confusion, hands raised outside of Public Comment periods will be lowered.

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

CONSENT CALENDAR

4. Minutes of October 5, 2022
Recommendation: Approve the minutes of the Special Joint City Council and Open Space Advisory Committee meeting of October 5, 2022.

5. Minutes of the City Council Meeting on November 1, 2022 Recommendation: Approve the minutes of the Regular City Council Mee$ng on November 15, 2022.

6. Report Upon Return from Closed Session from November 1, 2022 Recommendation: Approve the Report Upon Return from Closed Session for the City Council Meeting of November 1, 2022.

7. AB361 In Person and Remote Teleconferenced Mee+ngs - November 15, 2022 - December 15, 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 November 15, 2022 - December 15, 2022 pursuant to the Ralph M. Brown Act.

8. Minimum Wage Update to Part-time Temporary Staff Pay Rates Recommendation: Adopt a Resolu$on approving part-$me temporary staff pay rates, and updating the salary schedule and compensation plan for FY 2022/2023.

9. Utility Rate Advisory Committee
Recommendation: Adopt a Resolu$on establishing and appoin$ng ratepayers to an ad-hoc Utility Rate Advisory Committee.

10. 2022 California Building Standards Code with local Amendments Second Reading Recommendation: Approve second reading by $tle only, and adopt an Ordinance of the City Council of the City of American Canyon repealing Chapters 16.01 through 16.09 and 16.13 of the City of American Canyon Municipal Code and all other conflic$ng ordinances and parts of Ordinances and Adop$ng by Reference the 2022 Edi$ons of the California Code of Regula$ons Title 24 and Related Model Codes with Appendices and Amendments as identified herein through express Findings of Local Necessity.

PUBLIC HEARINGS

11. Water Conservation Plan Municipal Code Update First Reading Recommendation: Waive first reading, read by $tle only, and adopt an Ordinance of the City Council of the City of American Canyon to repeal and replace Chapter 13.14.01 through

13.14.140 of the American Canyon Municipal Code.

CITY COUNCIL MEETING AGENDA NOVEMBER 15, 2022
3 12. 106 Wilson Way - Special Assessment Lien
Recommendation: Adopt a Resolu$on of the City Council of the City of American Canyon confirming the report of proceedings and accoun$ng for the costs incurred in aba$ng the public nuisance located at 106 Wilson Way and notice of ordering the imposition of a Special Assessment Lein.

BUSINESS

13. Update on Second Hand Smoke in Multifamily Settings Recommendation: Staff recommends the Council receive informa$on and provide possible direction to staff regarding second hand smoke in multifamily settings.

14. Contract Award for the Green Island Road Rule 20A/B U+lity Undergrounding Project (TR16-0703).

Recommendation: Adopt a Resolu$on taking the following ac$ons in conjunc$on with Green Island Rule 20A/B Utility Undergrounding Project:

1. Awarding a construc$on contract to St. Francis Electric, LLC in the amount of $1,766,867,

2. Awarding a construc$on contract for overhead u$lity service conversions to RC Electric, Inc. in the amount of $29,175.46,

3. Authorizing the City Manager to enter into an agreement with Consor North America, Inc. for construction management services in an amount not to exceed $250,000, and

4. Authorizing the Public Works Director to approve Contract Change Orders in an aggregate amount not to exceed the Project Budget in conjunc$on with the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

15. Playground Replacement Project (PR21-0100)
Recommendation: Adopt a Resolu$on taking the following ac$ons in conjunc$on with the Playground Replacement Project:

1. Authorizing a budget transfer from the Park Impact Fee Fund (310-85-450-48310) to the Capital Project Fund (350-85-450-37390) in the amount of $351,980.00;

2. Approving Award of Construc$on and Equipment Purchase Agreement with Miracle PlaySystems, Inc. for CIP Project No. PR21-0100 (Playground Replacement Project) for Linwood Park, Via Bellagio Park, and Northampton Park for an amount not to exceed $679,892.00; and

3. Authorizing the Public Works Director to approve and execute contract change orders in an aggregated amount not to exceed the project budget in conjunc$on with the Playground Replacement Project (PR21-0100).

4. Approve California Environmental Quality Act (CEQA) exemp$on pursuant to CEQA Guidelines Section 15302 for replacement and reconstruction of existing facilities.

MANAGEMENT AND STAFF ORAL REPORTS

MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS The Mayor and Council may comment on ma5ers of public concern and announce ma5ers of public interest; no collective council action will be taken.

CITY COUNCIL MEETING AGENDA NOVEMBER 15, 2022
4 16. Planning Commission Recruitment Update

17. Council Committee Report - Councilmember Mark Joseph Recommendation: Receive and file the Council Commi3ee Report from Councilmember Mark Joseph.

18. Future Agenda Items of Note:

December 6, 2022
Giovannoni Logistics Center
Certify Election Results
Presentation on ARS 115 Trust
Award contract for 189 Taresa demolition
MUD - Environmental Compliance Update
December 20, 2022
Appointment of Boards & Commissions
Selection of Vice Mayor & Council Committee Assignments FY 2021-2022 Auditors Report
Annual Employee Demographics
Open Space, Ac+ve Transporta+on and Sustainability Commission Re-authoriza+on Resolution & Work Plan
Watson Ranch Partial Notice of Completion
January 17, 2023
Speed Survey Results
Pavement Management Plan & Measure T MOE
Open Space, Active Transportation and Sustainability Commission Ordinance Annual Cannabis Permit Status
PWD Update
Late January 2023 TBD
Council Strategic Planning for 2023

ADJOURNMENT

CERTIFICATION
I, Taresa Geilfuss, CMC, 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, CMC, City Clerk
CITY COUNCIL MEETING AGENDA NOVEMBER 15, 2022
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CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
November 1, 2022
PUBLIC ADDRESS – CLOSED SESSION 4:00 P.M.
4:00 P.M. CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation Authorized pursuant to Government Code Section 54956.9 (d)(2).One Matter.

2. Conference with Legal Counsel - Existing Litigation (4 matters). Authorized pursuant to Government Code Section 54956.9(d)(1):

City of American Canyon v. City of Vallejo, et al. (Napa Superior Court Case No. 22CV000772) Russell Charpentier and William Baker v. City of Vallejo, et. al (Solano Superior Court Case No FCS058765)
City of American Canyon v. Leon Dale Schmidt (Napa Superior Court Case No. 22CV001041)

3. Matters Relating to Public Employment Public Employee Performance Evaluations Pursuant to Gov. Code Section 54957.

Position: Jason Holley, City Manager
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER
The meeting was called to order at 6:39 pm

PLEDGE OF ALLEGIANCE

ROLL CALL

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

Absent: None
Excused: None
The Pledge of Allegiance was recited.
17 REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney William Ross provided an oral report upon return from closed session. Closed session commenced at 5:03 p.m. Public comment was delayed until 5:30 p.m. Council returned to closed session to address items other than 2b. For Item 2b. public comment was heard from William Baker, Margaret Sharkey and Homar Crespo. Council returned to closed session and concluded at 6:25 p.m. A written report will be provided.

PROCLAMATIONS AND PRESENTATIONS

4. Proclamation recognizing November 11, 2022, as Veterans Day.

Mayor Garcia announced the proclamation.

PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia called for public comments. Written comments: none. Oral comments: Russell Charpentier was called to speak; Margaret Sharkey was called to speak; Homar Crespo was called to speak; William Baker was called to speak; Kevin Keith was called to speak; David Gilbreth was called to speak; Jeanette Goyetche was called to speak; Yvonne Baginski was called to speak; Tammy Wong was called to speak; Eve Kahn was called to speak; Jason Kishineff was called to speak; Hugh Marquez was called to speak; Arvind Nischal was called to speak; Beth Marcus was called to speak; Fran Lemos was called to speak. The public comments period was closed.

Council recessed to enjoy cake in celebration of Diwali at 7:30 p.m.

Council reconvened at 7:40 p.m.

AGENDA CHANGES
There were no changes.

CONSENT CALENDAR

5. Minutes of October 18, 2022
Action: Approved the minutes of the Regular City Council meeting of October 18, 2022.

6. Report Upon Return from Closed Session for the meeting of October 18, 2022 Action: Approved the Report Upon Return from Closed Session for the meeting of October 18, 2022.

7. Report Upon Return from Closed Session for the meeting of October 24, 2022 Action: Approved the Report Upon Return from Closed Session from the Special City Council Closed Session meeting of October 24, 2022.

8. Eucalyptus Sidewalk Gap Closure Notice of Completion Action: Adopted Resolution 2022-96 increasing the FY 22/23 Capital Budget and Project Budget for the Eucalyptus Sidewalk Gap Closure Project (TR19-0440), accepting the contracted work as 18 complete, authorizing the Public Works Director to file a Notice of Completion (Agreement 2022- A160) and releasing a retention payment to FJ & I Engineering, Inc.

9. AB1600 Annual Report
Action: Received and filed the Development Impact Fee Report for the Fiscal Year ended June 30, 2022.

PUBLIC HEARINGS
10) Municipal Code Water Conservation Plan Update First Reading Council received a staff report from Maintenance & Utilities Director Felix Hernandez, III. Mayor Garcia opened the public hearing and called for public comments. Written comments: none. Oral comments: Tammy Wong was called to speak. Public comments and the public hearing were closed. Upon noticing this item was improperly titled, staff recommended to continue the item to November 15, 2022.

Action: Motion to Continue the Public Hearing for Municipal Code Water Conservation Plan Update to November 15, 2022. made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

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

Absent: None
Excused: None

11. Waive first reading, read by title only, and adopt an Ordinance amending American Canyon Municipal Code Title 16 to repeal the 2019 California Building Standards Code and replace it with the 2022 California Building Standards Code with local amendments.

Council received a staff report from Community Development Director Brent Cooper with Chief Building Official Tom Trimberger available for questions. Mayor Garcia opened the public hearing and called for public comments. Written: none. Oral: none. Public comments and the public hearing were closed.

Action: Motion to waive first reading and adopt an Ordinance of the City Council of the City of American Canyon repealing Chapters 16.01 through 16.09 and 16.13 of the City of American Canyon Municipal Code and all other conflicting ordinances and parts of Ordinances and Adopting by Reference the 2022 Editions of the California Code of Regulations Title 24 and Related Model Codes with Appendices and Amendments as identified herein through express Findings of Local Necessity made by Councilmember Mark Joseph, seconded by Councilmember David Oro, and CARRIED by roll call vote. 19 Ayes: Mayor Leon Garcia, Vice Mayor Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Councilmember Pierre Washington Nays: None
Abstain: None

Absent: None
Excused: None

BUSINESS

12. Playground Replacement Project (PR21-0100) Options
Council received a staff report from Parks & Recreation Director Alexandra Ikeda. Mayor Garcia called for public comments. Written comments: Holly Vasquez. Oral comments: Sophie Borgeaud, Jenelle Sellick was called to speak; Beth Marcus was called to speak; Hugh Marquez was called to speak; Jason Kishineff was called to speak. The public comments period was closed.

13. Maintenance and Utilities Department, Water Operations Update Council received a staff report from Maintenance & Utilities Director Felix Hernandez, III with Water Systems Manager Dominic Patrick. Mayor Garcia called for public comments. Written comments: none. Oral comments: none.

MANAGEMENT AND STAFF ORAL REPORTS

14. Community Cat Update
Council received an update on Community Cats from Assistant City Manager Maria Ojeda.

Public Works Director Erica Ahman Smithies updated on the Green Island Rd Undergrounding Project bid opening. City Clerk Taresa Geilfuss announced the opening of the Parks & Community Services Commission recruitment.

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

15. Council Committee Report - Councilmember Mark Joseph Council received and filed the Council Committee Report from Councilmember Mark Joseph.

Mayor and councilmembers commented on items of interest.

16. Future Agenda Items of Note:

November 15, 2022, Playground Replacement Project Award 106 Wilson Property Lien
Update on Smoke-Free Multi Family Housing
December 6, 2022
20 189 Theresa Demolition
Giovannoni Logistics Center Certify
Election Results
Sewer/Wastewater Presentation
December 20, 2022
PARS 115 Trust
FY 2021-2022 Auditors Report
Planning Commission Appointments
Annual Employee Demographics

ADJOURNMENT
The meeting was adjourned at 9:30 p.m.

CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
21 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
November 4, 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 Special City Council Closed Session Meeting of the American Canyon City Council; November 1, 2022 Dear Mayor Garcia and Members of the City Council:

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

After convening in Open Session at 5:03 p.m. and ascertaining that there was public comment on Closed Session Agenda Item No. 2.b., but because of the change in time for the beginning of Closed Session, concerned parties could not appear until between 5:30 p.m. - 5:45 p.m. to comment on the Closed Session Item.

Accordingly, your Council agreed to convene in Closed Session at 5:04 p.m. to address other matters agendized for Closed Session consideration, then reconvene in Open Session to receive the public comment upon appearance of concerned parties.

There were three matters agendized for City Closed Session consideration.

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

2. Conference with Legal Counsel – Existing Litigation (3 Matters) Authorized Pursuant to Government Code Section 54956.9(d)(1):
22 The Honorable Leon Garcia, Mayor
and Members of the City Council
November 4, 2022

Page 2 ends

a. City of American Canyon v. City of Vallejo, et al. (Napa Superior Court Case No. 22CV000772)
b. Russell Charpentier and William Baker v. City of
Vallejo, et al (Solano Superior Court Case No.

FCS058765)
c. City of American Canyon v. Leon Dale Schmidt (Napa
Superior Court Case No. 22CV001041)

3. Matters Relating to Public Employment Public employee Performance Evaluations
Pursuant to Government Code Section 54957
Position: Jason Holley, City Manager
With respect to Closed Session Agenda Item No. 1., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).

With respect to Closed Session Agenda Item No. 2.a., there was reportable action in the form of acknowledging matters of public record in the Court proceeding; that the answer of the City of Vallejo (“Vallejo”) was received on October 31, 2022; that outstanding discovery served on Vallejo on September 2, 2022 remained outstanding and that the time for response would be modified to some time in the middle of November 2022 because of involvement of Special Counsel for Vallejo. Except as indicated, there was no other reportable action concerning City Closed Session Agenda Item No. 2.a., under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).

It was reported that a water Wheeling Agreement with respect to the Canyon Estates Project with Vallejo as previously reported as being reached had been executed by City officials and forwarded to Vallejo officials for execution.

With respect to City Closed Session Agenda Item No. 2.c., it was indicated that there was reportable action in the form of acknowledging matters of public record in the Court proceeding; that the Defendant had not answered the involved Nuisance Complaint within the time period allowed and that the Complaint would be amended to confirm the property owner had continued retaining debris as previously abated on the property and that a motor vehicle had been placed on the property for purposes of human occupancy, violations of the Municipal Code.

At 5:30 p.m. it was determined that individuals wishing to comment on Closed Session matters were present. Your Council then reconvened in Open Session at 5:31 p.m. and sequentially heard William Baker, Margaret Sharkey and Homar Crespo concerning Agenda Item No. 2.b. At 23 The Honorable Leon Garcia, Mayor
and Members of the City Council
November 4, 2022

Page 3 ends

the conclusion of those comments you reconvened into Closed Session.

With respect to City Closed Session Agenda Item No. 2.b., there was no reportable action except as to indicate that a further meeting had been scheduled with Vallejo officials to clarify aspects of the Homekey Project as to the type and kind of individuals it would serve.

At 6:05 p.m., your Council began consideration of City Closed Session Agenda Item No.

3. Assistant City Manager Maria Ojeda and City Attorney William Ross were not present during this portion of the Closed Session. With respect to Closed Session Agenda Item No. 3, there was no reportable action consistent with the provisions of Government Code Section 54957.

Your Council concluded the Closed Session at 6:25 p.m. After convening in Open Session at 6:35 p.m., it was indicated that a written report upon return from Closed Session 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
Cherri Walton, Deputy City Clerk
24 CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 7.

TITLE
AB361 In Person and Remote Teleconferenced Meetings - November 15, 2022 - December 15, 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 November 15, 2022 - December 15, 2022 pursuant to the Ralph M. Brown Act.

CONTACT
Taresa Geilfuss, CMC, City Clerk

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

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

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

The aAached Resolu/on complies with the provisions of AB 361 to allow con/nued Zoom mee/ngs of the City Council, while also allowing the mee/ngs to be conducted with in-person aAendance.

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 25 the public, 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 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 Execu/ve 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 par/cipate inperson 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 In-Person and Remote Teleconference Meetings 26 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 NOVEMBER 15, 2022 – DECEMBER 15, 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 because of the threat of COVID-19; and,
27 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; and
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 way 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.
28 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 for 30 days or 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, whichever occurs sooner.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 29 CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 8.

TITLE
Minimum Wage Update to Part-time Temporary Staff Pay Rates

RECOMMENDATION
Adopt a Resolu,on approving part-,me temporary staff pay rates, and upda,ng the salary schedule and compensation plan for FY 2022/2023.

CONTACT
Maria Ojeda, Assistant City Manager
Scott Corey, Human Resources Officer II

BACKGROUND & ANALYSIS
In 2016, the State Legislature adopted and the Governor signed into law Senate Bill 3 (SB3), which required regular increases in the State minimum wage over a number of years un,l it reached $15.00 per hour on January 1, 2022.

Beginning January 1, 2023, the minimum wage will adjust annually based on the Consumer Price Index, under Labor Code sec,on 1182.12(c)(1). In July, the California Department of Finance determined the minimum wage would be $15.50 per hour for all employers star,ng January 1, 2023.

Since 2018, the City Council annually adopted and approved a resolu,on establishing a “pay philosophy” for part-,me temporary staff to establish a five-step salary range and ra,os between various part-,me, temporary job classifica,ons. Consistent with state law, the philosophy adjusts with the minimum wage each year and ,es posi,ons in similar families together to ensure internal alignment.

The FY 2022/2023 Salary Schedule and Compensa,on Plan was adopted in August when the new labor agreements and amended Unrepresented Compensa,on Plan was approved. At that ,me, part-,me classifica,ons in job families with full-,me classifica,ons were adjusted consistent with the related full-time classifications.

Proposed changes to the Salary Schedule and Compensa,on Plan will be effec,ve December 24, 2022, which is the beginning of the pay period containing January 1, 2023. 30 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

FISCAL IMPACT
Adop,on of the proposed resolu,on will have no fiscal impact because these pay rate increases were budgeted in the City's FY 2022/2023 Budget.

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 Approving Part-Time Staff Pay Rates

2. Exhibit A - Salary Schedule
31 RESOLUTION NO. 2022-__

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

APPROVING PART-TIME TEMPORARY STAFF PAY RATES, AND
UPDATING THE SALARY SCHEDULE AND COMPENSATION PLAN FOR FY 2022/2023 WHEREAS, each year since 2018, the City Council has adopted a resolution establishing a part-time temporary pay philosophy that maintains internal alignment and adjusts each year with the state mandated minimum wage increase; and
WHEREAS, on January 1, 2023, the State of California’s minimum wage will increase to $15.50 per hour; and
WHEREAS, the FY2022/2023 Salary Schedule must be updated to comply with the state minimum wage and ensure the City can competitively recruit and retain qualified staff; and WHEREAS, the following pay philosophy and hourly salary ranges are established for part-time temporary positions tied to the minimum wage:
2023 Min Wage / hour $15.50 Salary Philosophy

A B C D E
*Positions tied to Min Wage are
tied at Step A
Lifeguard (Temp) Hourly 16.28 17.09 17.95 18.85 19.79 (+) 5% to rec leader Lifeguard (WSI) (Temp) Hourly 16.68 17.52 18.39 19.31 20.28 (+) 2.5% to lifeguard Program Coord. (Seasonal) Hourly 23.40 24.57 25.79 27.08 28.44 (+) 25% to sr lifeguard Recreation Leader (Seasonal) Hourly 15.50 16.28 17.09 17.95 18.85 (+) 0% to min wage Cashier (Seasonal) Hourly 15.50 16.28 17.09 17.95 18.85 (+) 0% to min wage Sr. Lifeguard (WSI) (Temp) Hourly 18.72 19.65 20.63 21.67 22.75 (+) 15% to lifeguard Student Intern (Temp) Hourly 15.50 16.28 17.09 17.95 18.85 (+) 0% to min wage Sr Recreation Leader (Seasonal) Hourly 17.83 18.72 19.65 20.63 21.67 (+) 15% to rec leader 2023 Proposed
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon does hereby approve Exhibit B of the Salary Schedule effective December 24, 2022, attached hereto as Exhibit “A”. 32 2
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15st day of November 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 33 Exhibit B
SALARY SCHEDULE FOR PART‐TIME, RETIRED ANNUITANTS & EXTRA HELP ‐ 2023 Effective December 24, 2022

CLASS CODE CLASSIFICATION PAY BASIS A B C D E
5601 Bus Driver (Non‐Regular) Hourly 19.64                 20.62             21.65        22.73              23.87 5602 Cashier (Seasonal) Hourly 15.50                 16.28             17.09        17.94              18.84 5607 Lifeguard (Temporary) Hourly 16.28                 17.09             17.94        18.84              19.78 5605 Lifeguard (WSI) (Temporary) Hourly 16.69                 17.52             18.40        19.32              20.29 Minimum Maximum
5609 Management Aide (At Will /Temp) Hourly 34.00                    150.00 Minimum Maximum
6309 Management Fellow (At Will /Limited) Hourly 30.00                       58.00 5101 Office Assistant Hourly 18.23                 19.14             20.10        21.11              22.17 5603 Program Coordinator (Temporary) Hourly 19.38                 20.35             21.37        22.44              23.56 5604 Recreation Leader (Temporary) Hourly 15.50                 16.28             17.09        17.94              18.84 5608 Senior Lifeguard (WSI) (Temporary) Hourly 18.72                 19.66             20.64        21.67              22.75 5610 Senior Recreation Leader (Temporary) Hourly 17.83                 18.72             19.66        20.64              21.67 5606 Service Worker (Temporary) Hourly 20.64                 21.67             22.75        23.89              25.08 5401 Student Intern (Temporary) Hourly 15.50                 16.28             17.09        17.94              18.84 DEFINITIONS:

Fiscal Year 22/23 Modifications
The following pay ranges are the authorized pay levels for individuals working in a part‐time, temporary, limited term or extra help capacity. The specific pay assignment with each level should be based on internal equity as well as training and experience of the individual filling the part‐time or extra help position. Unless approved by the City Council, the pay of an individual working in any of the temporary job classifications listed below shall be within the approved range.

Part‐time, temporary and extra help positions are limited to 980 hours per calendar & fiscal years. Salaries for PERS retired annuitants must meet PERS requirements and are limited to 960 hours per calendar & fiscal years. If a PERS retired annuitant is performing part‐time services for a position identified on the City's Salary Schedule for full‐time positions, the City pays the employee an hourly rate based on the Salary Schedule for full‐time positions. Consult Human Resources for assistance in determining the appropriate hourly rates for part‐ time, extra‐help or retired annuitants.

1.Created separate Salary Schedule for classifications that can be filled on a part‐time, temporary, seasonal, extra help and/or limited duration basis.

2. Increased the Minimum Wage and adjusted classes tied to it: Cashier, Lifeguard, Lifeguard (WSI), Program Coordinator, Recreation Leader, Senior Lifeguard, Senior Recreation Leader and Student Intern.

Amended by City Council Resolution on November 15, 2022. Page 1 of341

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 9.

TITLE
Utility Rate Advisory Committee

RECOMMENDATION
Adopt a Resolu(on establishing and appoin(ng ratepayers to an ad-hoc U(lity Rate Advisory Committee.

CONTACT
Felix Hernandez, III, Maintenance & Utilities Director

BACKGROUND & ANALYSIS
In 2017, the City Council formed an ad-hoc commi6ee for advice during the most recent water rate study. This focused, in-depth community engagement led to a widely regarded outcome related to a new water rate structure.

Staff is currently undertaking a review of all utility rates (water, wastewater, and recycled water) and recommends appoin(ng various ratepayers to another commi6ee again this (me around. The intent is to have an advisory group of independent ratepayers to advise the Council on issues arising from this study. The commi6ee played a key role during the prior study and staff believes a similar group would be useful this (me around. Simply put, staff believes re-forming the commi6ee to be comprised solely of ratepayers who aren’t otherwise involved with the city would allow for most substantive, independent advice for the Council.

Once the new u(lity rates are adopted, U(lity Rate Advisory Commi6ee (URAC) will be decommissioned. In this way, the URAC would be analogous to a “general plan update commi6ee” that is commonly used throughout the state to advise the Council on single limited-term issues.

Membership in the URAC is not limited, staff recommends all applicants be accepted as members, all of which would be current ratepayers.

It is an(cipated that the URAC will meet approximately a total of 5 (mes over the next 6 months as needed. It will be supported by staff from the Maintenance and U(li(es and Finance Departments, who will arrange for the meeting location, the required notification, agenda, and meeting minutes. 35 If approved by Council, staff will begin to prepare a schedule and agenda for the URAC membership meetings.

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

FISCAL IMPACT
There is no fiscal impact associated with this item.

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 - Utility Rate Advisory Committee

2. Utility Rate Advisory Committee Applications
36 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ESTABLISHING AND APPOINT RATEPAYER TO AN AD-HOC “UTILITY RATE ADVISORY COMMITTEE”
WHEREAS, staff is undertaking a study of utility rates; and WHEREAS, the City Council seeks to form an independent, ad-hoc committee of current utility service customers (ratepayers) to advise the Council on the study; WHEREAS, members of the Utility Rate Advisory Committee (URAC) shall not be members of the City Council or members of any other committees or commissions appointed by the City Council; and WHEREAS, once the study is complete and new water rates are adopted, the URAC will be decommissioned.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby establishes a limited term “Utility Rate Advisory Committee” for the express purpose of advising the Council on the 2022 Utility Rate Study and consisting of the following membership:

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ ________________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 37 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/1/2022
Biographical Information
Albert Iliff
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
Napa
Street Address
260 American Canyon Road Sp.119
Address Line 2
707-342-1395
required format 123-456-7890
[email protected]
Retired Security Supervisor
City
Crockett
State / Province / Region
California
Postal / Zip Code Country
Contra Costra
Street Address
830 Loring Ave
Address Line 2
Questionnaire
38 This application is to serve as a member of:*
Committee not listed above:

How long have you lived in American Canyon? * Are you a registered voter? * Availability for meetings? *
What are your principle areas of interest in our City government? * Please list education, training or special knowledge which might be relevant to this appointment:* Please list employment, membership in service or community organizations, or volunteer work which might be relevant to this appointment:*
Have you been, or are you now a member of a governmental board, commission or committee? If so, please provide name and dates of service.*
Please indicate any further information that will be of value regarding your appointment.

Signature * Date *
Water Rate Advisory Ad-hoc Committee
24 Yes No
Daytime
Evening
Water Rates
High School, Community College
None
None
None
10/1/2022
39 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/8/2022
Biographical Information
Arvind NIschal
City
American Canyon
State / Province / Region
ca
Postal / Zip Code
94503
Country
Napa
Street Address
27 Bluebell Street
Address Line 2
707-853-4693
required format 123-456-7890
[email protected]
The UPS Store in American Canyon Owner
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
Napa
Street Address
101 W. American Canyon Rd # 508
Address Line 2
Questionnaire
40 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
30 Yes No
Daytime
Evening
Finance
Bachelor of Arts good sales person and negotiator
Business owner The UPS Store, Do lots of Community service, Board member Chamber of Commerce and do events in town.
no
no
10/7/2022
41 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/8/2022
Biographical Information
Brigid Bostow
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
United States
Street Address
29 Palazzo Way
Address Line 2
707-342-2419
required format 123-456-7890
[email protected]
retired Former Insurance Broker
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
United States
Street Address
29 Palazzo Way
Address Line 2
Questionnaire
42 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
water, sewer utility rate commission
18 yrs Yes No
Daytime
Evening
I am interested in this group because of the recycled water delivery and water usage issues in general. It seems to me that it is one area where American Canyon has exceled as long as they follow their guidelines.

I have an AA degree and additional classes. I am interested in the facilitating of various water conservation efforts. I am a big fan of the gray water program and am now getting 300 gallons every other week.

I am a Master Gardner in the Solano/Yolo group and have been part of environmental efforts over the years. I am also a former Insurance Broker handling all types of Property and Casualty insurance. I am very aware of various liability issues as well as financial risks.
no
10/8/2022
43 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information
Christina Hall
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
USA
Street Address
131 Andrew Rd
Address Line 2
707-363-7459
required format 123-456-7890
[email protected]
Coca-Cola Management Systems Facilitator
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
USA
Street Address
1201 Commerce Blvd
Address Line 2
Questionnaire
44 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate Advisory Committee
19 years Yes No
Daytime
Evening
Funds management, resource management
Program/process auditing, data analytics, some budgeting experience Coca-Cola associate for the last 17 years, former Citizen's Academy alum None
None
10/5/2022
45 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/11/2022
Biographical Information
Davet Mohammed
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
USA
Street Address
6 Oriole Ct
Address Line 2
707-315-3084
required format 123-456-7890
[email protected]
Kindred Hospital Nurse Liaison
City
San Leandro
State / Province / Region
CA
Postal / Zip Code
94577
Country
USA
Street Address
2800 Benedict Drive
Address Line 2
Questionnaire
46 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
8 Yes No
Daytime
Evening
The principle areas of interest in our City government are accountability, transparency, fairness and responsibility to the communtiy. We need to continue to have a vision and appetite for the city's future.

Motivated professional with 20+ years of progressive experience within the healthcare sales and marketing industry demonstrating the skills that drive business growth, exceed marketing targets, and effectively manage all aspects of daily sales operations. Proficient in client relations, assessing markets and developing strategies to capitalize their business potential. Proactive leader with excellent people skills and the ability to organize and facilitate a team approach needed to achieve organizational objectives.

Current: Secretary, Holy Family Pastoral Council
Black Belt Instructor, J Corpus Martial Arts
History: Den Leader (Cub Scouts), Troop Leader (Daisy Girl Scouts), Cheer Coach (Benicia Youth Football, St.

Basil's), team mom (soccer, basketball, volleyball, dance), Parents Club President (St Basil's), School Board Secretary (St. Basil's)
No. N/A
I am interested I learning more about educating our community on the different programs available through our water usage portal and our water system. If we can be transparent and get the word out to teach families on water usage and water conservation, it would help our city in the drought situation that we are in. 10/11/2022
47 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/11/2022
Biographical Information
Hugh Marquez
City
American Canyon
State / Province / Region
Ca
Postal / Zip Code
94503
Country
USA
Street Address
58 Crawford Way
Address Line 2
707-328-9870
required format 123-456-7890
[email protected]
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
48 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate Advisory Committee
24 years Yes No
Daytime
Evening
Traffic, utility rate structure, housing
Concerned Citizen
Traffic Committee,ACCPF, 4H
Yes
Traffic committee
10/11/2022
49 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/6/2022
Biographical Information
Ian Bronswick
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
35 Via La Morra
Address Line 2
916-600-7681
required format 123-456-7890
[email protected]
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
50 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee

2.5 years Yes No
Daytime
Evening
Effective use of city funds, including establishing and maintaining increased utility costs for residents that makes fiscal sense for the City of American Canyon.

Registered Civil Engineer with over 5 years of municipal public works experience and 4 additional years working for a local special district with focus on resource recovery, wastewater treatment, and recycled water production serving a population of approximately 250k persons.

PE license (civil) looking to get involved in the community.

N/A
I very much want to see the quality and cost of delivering utility services meet the needs of the community while ensuring these delivery systems are maintained and remain viable for the future. 10/6/2022
51 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information
James Ridley
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
14 Mocklingbird Drive
Address Line 2
707-631-1723
required format 123-456-7890
[email protected]
Self Pripietor
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
14 Mockingbird Drive
Address Line 2
Questionnaire
52 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate Advisory Committee
21 Years Yes No
Daytime
Evening
utility rates, traffic, emergency services, and growth
N/A
N/A
NO
I care about the future of American Canyon as a community and as a city. Our circumstances are especially unique compared to many cities our size in CA.
10/5/2022
53 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/6/2022
Biographical Information
Jim Potter
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
351 Los Altos
Address Line 2
707-280-6233
required format 123-456-7890
[email protected]
Retired
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
54 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility rates, water, sewer, recycled water
51 + years Yes No
Daytime
Evening
Water, sewer, infrastructure
35 years of teaching, last 21 at Cal State Hayward
Former American Canyon Water Board member
Former water rate committee member
Former charter member of the Lions Club, long time President and secretary Former American Water Board member, about 1974-1980
genuine interest in wanting the best for the city
10/6/2022
55 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information

JOEY PALMA
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
USA
Street Address
877 Spring Mountain Lane
Address Line 2
510-224-8637
required format 123-456-7890
[email protected]
American Canyon President/CFO
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
USA
Street Address
3860 Broadway
Address Line 2
Suite 102
56 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Questionnaire
Water Rate Advisory Ad-hoc Committee
18 Yes No
Daytime
Evening
Economic Development and Public Policy.

BSC-Accounting, Master in Development Management, Civil Law, Theology, Timothy Leadership Trainor, Businessman.

President/Owner - Abba In-Home Care Services, American Canyon for 22 years Chairman of the Board, Filipino-American Chamber of Commerce of Solano County, 5 years Chairman of the Board, Reynassance Family Center, 7 years Pastor, Praise Chapel Christian Fellowship-American Canyon, 16 years Member, American Can Chamber of Commerce, 3 years
Adviser, Filipino-American Association of American Canyon, 2 years no
I am invested in American Canyon but why do our kids work and raise their family somewhere else? I know that requires a long-term solution and I would like to contribute for the betterment of their future.

Thank you.
10/5/2022
57 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/13/2022
Biographical Information
Mark Mehelis
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
United States
Street Address
170 Gadwall Street
Address Line 2
707-812-4419
required format 123-456-7890
[email protected]
Veteran's Health Administration Program Specialist
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
58 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
10 years Yes No
Daytime
Evening
I am interested in the water useage, both potable and recycled.

Project Management Professional
Federal Government employee for 19 years with experience in contracting and project management.

None
10/13/2022
59 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/7/2022
Biographical Information
melissa lamattina
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
201 Jana Way
Address Line 2
707-738-3685
required format 123-456-7890
[email protected]
Napa County Social Worker II
City
Napa
State / Province / Region
CA
Postal / Zip Code
94559
Country
United States
Street Address
650 Imperial Way, Suite101
Address Line 2
Questionnaire
60 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate committee
46 years Yes No
Daytime
Evening
To ensure we are a community first government, find other solutions to keep rates down, environment protection, transparency
County social worker visits people in their homes here in American Canyon and throughout Napa. Listening to peoples concerns and struggles including the high prices of almost everything and connecting people to resources
County of napa
Live Healthy Napa County
Completed the American Canyon Citizen Academy
Completed the Napa Sheriffs citizens academy
Co-President of Soroptimist International of American Canyon No
I’m very passionate about American Canyon. I want our city to be the best it can be 10/7/2022
61 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/3/2022
Biographical Information
Michael McCamish
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94502
Country
Napa
Street Address
636 Chaucer Lane
Address Line 2
707-373-7395
required format 123-456-7890
[email protected]
Retired
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
62 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
45 years Yes No
Daytime
Evening
Youth and senior activities and involvement. I am available most nights and some days! Two years of college completed Studied accounting and some pre law! I have served as president on a number of boards! I currently serve in leader ship from my church. I have also served previously on a water rate commission a number of years ago.

I was a milkman for 35 years with Berkeley Farms. served as shop steward and board member of my union for a number of years. I am a past president of the Lions Club here in American Canyon for a number of years. I have also served in leader ship for Lions here in Northern California. I have served on the board here in American Canyon for little league. I have also served in a number of positions in my church. And I currently serve in leadership for my church.

I currently serve as a clergy for a senior organization in Vallejo called Sirs. 10/3/2022
63 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/6/2022
Biographical Information
Nathan Su
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
Napa
Street Address
110 W. American Canyon Rd. L-8
Address Line 2
707-456-7815
required format 123-456-7890
[email protected]
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
64 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
22 years Yes No
Daytime
Evening
City council and leadership roles that would determine the future of the city.

High school, In communication with many members of the community.

Owned and operated the Junction Brewery & Grill in town since 2014 No
10/6/2022
65 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
9/28/2022
Biographical Information
Ravi Yarlagadda
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
Napa
Street Address
528 Silver Oak Trl
Address Line 2
707-927-6447
required format 123-456-7890
[email protected]
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
66 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
~13 Years Yes No
Daytime
Evening
Planning commission
Post Graduate in engineering (may not be relevant).

Part of earlier water rate advisory committee (~2017)
Part of American Canyon water rate advisory committee (~2017).

I can help with data analysis /visualization
9/28/2022
67 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/10/2022
Biographical Information
Rog C Dacanay
City
American Cyn
State / Province / Region
CA
Postal / Zip Code
94503
Country
Napa
Street Address
3 Wter Fern Ct
Address Line 2
925-558-9411
required format 123-456-7890
[email protected]
(Retired)
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
68 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
10 months Yes No
Daytime
Evening
Utility Services
MS Electrical Engineering; Retired Professional Engineer (CA) PG&E, Hawaiian Electric, XCEL Energy (Colorado, Texas), Electrical Engineering Consultant (Private) Knights of Columbus
No
10/10/2022
69 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information
Selwa Berbawy Hamati
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
10 Truman Court
Address Line 2
707-315-5320
required format 123-456-7890
[email protected]
Self Employed Owner
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
70 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate Advisory Committee
19+ Yes No
Daytime
Evening
Any areas that affect residents and businesses! I love my city and want to be proactive.

Office Admin.

Self Help
Member of Govermental Affairs Committee. Used to be involved in the Chamber of Commerce, Napa Valley Education Foundation, and like to support Food Bank and Boys and Girls Club.

I am working on getting active in the community again.

Not sure if GAC counts.

Served on Water Rate Advisory Committee a few years ago.

Just being a resident and business owner in the community. 10/5/2022
71 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information
Seth Michael Anderson
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94504
Country
USA
Street Address
404 Marshcreek Dr
Address Line 2
707-386-0911
required format 123-456-7890
[email protected]
City of Napa Senior Budget Analyst
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
72 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Water Rate Advisory Ad-hoc Committee
3 years Yes No
Daytime
Evening
Sound finances, levels of service, community development.

Bachelor's Degree in World Trade & Development, 16 years of government accounting & budget. Utility rates, enterprise funds & assessment districts background.
16 years with City of Napa.

No.

Looking to serve my community in a way that takes advantage of my extensive government finances experience. 10/5/2022
73 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/16/2022
Biographical Information
Stephen Brook
City
American Canyon
State / Province / Region
California
Postal / Zip Code
94503
Country
USA
Street Address
127 Heartford Way
Address Line 2
707-319-9057
required format 123-456-7890
[email protected]
Retired
City State / Province / Region
Postal / Zip Code Country
Street Address
Address Line 2
Questionnaire
74 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Planning Commission - CLOSED
Utility Rates Advisory
16 yr Yes No
Daytime
Evening
Responsible planning and administration.

Nurse for 43 years. Management position for the last 15 years USN 1973 - 1977, Kaiser Permanente 1978 - 2014
Eastside connector committee
10/16/2022
75 Board, Commission or Committee Application
To apply for an appointment to a City of American Canyon Board, Commission or Committee please complete the following questionnaire. For more information please email the Office of the City Clerk. (http://mailto:[email protected])
Date
Name *
Address *
Daytime Phone Number*
Email*
Place of Employment Position Held
Business Address
10/5/2022
Biographical Information
william b baker
City
American Canyon
State / Province / Region
CA
Postal / Zip Code
94503
Country
United States
Street Address
58 Ventana Dr
Address Line 2
707-819-6425
required format 123-456-7890
[email protected]
Napa County Library Librarian
City
american canyon
State / Province / Region
CA - California
Postal / Zip Code
94503
Country
Street Address
300 crawford way
Address Line 2
Questionnaire
76 This application is to serve as a member of:*
Committee not listed above:

Signature * Date *
Other
Utility Rate Advisory Committee
4 years Yes No
Daytime
Evening
planning and compliance
Worked with government officials for more than 10 years while in the private sector in the area of investment, particularly in modern agriculture development projects American Canyon West side connector citizens group
American Canyon West side connector citizens group
10/5/2022
77 CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

CONSENT
ITEM NUMBER: 10.

TITLE
2022 California Building Standards Code with local Amendments Second Reading

RECOMMENDATION
Approve second reading by /tle only, and adopt an Ordinance of the City Council of the City of American Canyon repealing Chapters 16.01 through 16.09 and 16.13 of the City of American Canyon Municipal Code and all other conflic/ng ordinances and parts of Ordinances and Adop/ng by Reference the 2022 Edi/ons of the California Code of Regula/ons Title 24 and Related Model Codes with Appendices and Amendments as identified herein through express Findings of Local Necessity.

CONTACT
Tom Trimberger, Contract Chief Building Official
Brent Cooper, AICP, Community Development Director

BACKGROUND & ANALYSIS
On November 1, 2022, the City Council introduced the first reading of an Ordinance to repeal the 2019 California Building Standards Code and replace it with the 2022 California Building Standards Code with local amendments. A copy of the 2022 California Building Standards Code with local amendments is included as Attachment 1.

The proposed Building Code Ordinance will update the City’s Municipal Code and provide an opportunity to incorporate local amendments for por/ons of the 2022 California Building Standards, thereby creating local editions.

The California Building Standards Commission (CBSC) is responsible for administering the adop/on, publica/on, and implementa/on of the California Building Codes, which are contained in the California Code of Regula/ons, Title 24. Since 1989, the CBSC has published triennial edi/ons of these codes. Local jurisdictions are required to enforce the State building codes.

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

FISCAL IMPACT
78 There is no fiscal impact related to this code adop/on. Costs associated with training and updated code materials were included in the FY 22/23 Budget.

ENVIRONMENTAL REVIEW
Adop/on of the proposed Ordinance is not a project that has the poten/al for causing a significant effect on the environment and therefore is not subject to review under the California Environmental Quality Act (CEQA). In addi/on, the proposed ordinance amendment is exempt under the defini/on of Project in Section 15378 (b) (3) in that it concerns general policy and procedure making.

ATTACHMENTS:

1. 2022 Building Code Ordinance
79 ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON REPEALING CHAPTERS 16.01 THROUGH 16.09 and 16.13 OF THE CITY OF AMERICAN CANYON MUNICIPAL

CODE AND ALL OTHER CONFLICTING ORDINANCES AND PARTS OF ORDINANCES AND ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 24 AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS AS IDENTIFIED

HEREIN THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY
WHEREAS, in July 2022, the California Building Standards Commission ("Commission") adopted the California Codes as part of the California State Building Standards Code; and WHEREAS, California Health and Safety Code Section 17958.5 authorizes cities and counties to modify the California State Building Standards Code by adopting more restrictive standards if such entities determine that such standards are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City of American Canyon has reviewed each of the referenced California and model Codes and it has been determined that certain local amendments are necessary to protect the health, safety, and welfare of its residents; and
WHEREAS, Government Code section 50022 et seq., empowers the City to adopt by reference various Codes including the CALIFORNIA BUILDING CODE, 2022 Edition; CALIFORNIA ELECTRICAL CODE, 2022 Edition: the CALIFORNIA MECHANICAL CODE, 2022 Edition; the CALIFORNIA PLUMBING CODE, 2022 Edition; the CALIFORNIA ENERGY CODE, 2022 Edition; the CALIFORNIA HISTORICAL CODE, 2022 Edition; the CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; the CALIFORNIA GREEN BUILDING CODE, 2022 EDITION; the CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; and the INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION; INTERNATIONAL SWIMMING POOL AND SPA CODE, 2021 EDITION; and
WHEREAS, pursuant to the Government Code, the City has adopted by reference various provisions of the above referenced California and model Codes, subject to particular additions, amendments and deletions as set forth in the Municipal Code; and
WHEREAS, on November 1, 2022 the City Council conducted a duly noticed public hearing considered all of the written and oral testimony presented at the public meeting in making its decision.

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

SECTION 1: Repeal and Replace Chapters 16.01 through 16.08 of the City of American Canyon Municipal Code.
• CHAPTER 16.01 GENERAL PROVISIONS;
• CALIFORNIA BUILDING CODE CHAPTER 16.02 CALIFORNIA BUILDING CODE, 2022 EDITION; • CHAPTER 16.03 CALIFORNIA RESIDENTIAL CODE 2022 EDITION; • CHAPTER 16.04 CALIFORNIA ELECTRICAL CODE, 2022 EDITION; • CHAPTER 16.05 CALIFORNIA MECHANICAL CODE, 2022 EDITION; 80 • CHAPTER 16.06 CALIFORNIA PLUMBING CODE, 2022; EDITION; • CHAPTER 16.07 CALIFORNIA ENERGY CODE, 2022 EDITION;
• CHAPTER 16.08 CALIFORNIA HISTORICAL CODE, 2022 EDITION; • CHAPTER 16.09 CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; • CHAPTER 16.11 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION; • CHAPTER 16.16 CALIFORNIA ADMINISTRATIVE CODE, 2022 EDITION; • CHAPTER 16.17 CALIFORNIA REFERENCE STANDARDS CODE; 2022 EDITION; • CHAPTER 16.18 INTERNATIONAL PROPERTY MAINTENANCE CODE, 2021 EDITION.

AMENDING THOSE UNIFORM CODES AND CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN THROUGH EXPRESSED FINDINGS OF LOCAL NECESSITY; and all other ordinances or parts of ordinances in conflict herewith are hereby repealed as set forth in Exhibit A, attached herein and incorporated by reference.

SECTION 2: Amend the following Chapters: 16.01 GENERAL PROVISIONS; and 16.15 STREAMLINED RESIDENTIAL ROOFTOP SOLAR ENERGY PERMIT.

SECTION 3: No Change to the following Chapters: 16.10 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; 16.12 SAFETY ASSESSMENT PLACARDS; 16.13 REPAIR AND RECONSTRUCTION CODE; and 16.14 WATER EFFICIENT LANDSCAPING.

SECTION 4: The City Council of the City of American Canyon finds and declares that the additions, modifications, and changes made to these codes are necessary for protection of public health, safety, and welfare due to climatic, geological, or topographical conditions. These amendments are authorized under Health and Safety Code Sections 18941.5 and 17958 and are read as set forth in Exhibit B.

SECTION 5: The adoption of the proposed ordinance is not a project that has the potential for causing a significant effect on the environment and therefore is not subject to review under the California Environmental Quality Act (CEQA). In addition, the proposed ordinance amendment is exempt under the definition of Project in Section 15378 (b) (3) in that it concerns general policy and procedure making.

SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen days of its adoption cause a summary of it to be published in a newspaper and circulated in the City and thereupon and thereafter this Ordinance shall take effect and be in force according to law.

SECTION 7: This ordinance is enacted pursuant to and in compliance with Health and Safety Code Section 18941.5 and as expressly permitted in Government Code Section 50022.2. For all codes, the effective date of this Ordinance shall be January 1, 2023.

SECTION 8: The City Clerk is hereby directed to file a copy of this ordinance with the California Building Standards Commission of the State of California.

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 1
ST day of November, 2022 by the following vote:
81 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 ____________, ______, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney Exhibit A Local Building Codes
Exhibit B Required Findings and Determination
82 EXHIBIT A
Title 16 BUILDING AND CONSTRUCTION CODES
Chapters

16.01 General Provisions

16.02 California Building Code

16.03 California Residential Code

16.04 California Electrical Code

16.05 California Mechanical Code

16.06 California Plumbing Code

16.07 California Energy Code

16.08 California Historical Building Code

16.09 California Existing Building Code

16.10 Uniform Code for the Abatement of Dangerous Buildings

16.11 California Green Building Standards Code

16.12 Safety Assessment Placards

16.13 Repair and Reconstruction

16.14 Water-Efficient Landscaping

16.15 Streamlined Residential Rooftop Solar Energy Permit

16.16 California Administrative Code

16.17 California Reference Standards Code

16.18 International Property Maintenance Code

16.18 International Swimming Pool and Spa Code

16.18 International Wildland Interface Code
**Note to Codifier: Code that remains unchanged is not included in this document. Only new and amended code is presented below.

Chapter 16.02 CALIFORNIA BUILDING CODE

16.02.010 Title.

This chapter shall be cited as the California Building Code of the city and any reference in the city municipal code or any chapter thereof to the California Building Code applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Building Code, 2022 Edition,” published and copyrighted by the International Code Council. The documents identified in this section are adopted in their entirety excepting additions, revisions and omissions listed in Sections 16.02.030 through 16.02.260 of this chapter. A copy of the adopted California Building Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.030 Appendices.

The Building Code as adopted by Section 16.02.020 is amended and adopted with the following appendices:
83 Appendix Chapter C, Group U – Agricultural Buildings Appendix Chapter F, Rodent Proofing
Appendix Chapter G, Flood Resistant Construction
Appendix Chapter H, Signs
Appendix Chapter I, Patio Covers
Appendix Chapter J, Grading
Appendix Chapter O, Emergency Housing
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.040 Findings and determination.

As permitted in Health and Safety Code Section 17958.7, the City of American Canyon finds and determines the local amendments to the 2022 California Building Code are either administrative in nature or reasonably necessary to protect the health, safety and general welfare of the public due to local climatic, geological or topographical conditions. Those findings are as follows:

Express Finding Number 1: Climatic. The city is located in a climatic zone with precipitation ranging from fifteen to twenty-six inches per year. Ninety-five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. High temperatures in the summer average in the mid-eighty degrees Fahrenheit and in the winter in the mid-fifty degrees Fahrenheit. Prevailing winds in the area are common with gusts up to thirty-five miles per hour. These climatic conditions, along with our topography, necessitate a greater requirement for fire-sprinklers in residential construction, a minimum Class A roof covering and adequate spark arrestors.

Express Finding Number 2: Geological. The city is located in Seismic Design Category D, which is indicative of high seismic vulnerability. The West Napa fault is documented to be present in our city. The area includes various soil conditions and areas with significant movement potential. Buildings and other structures in Seismic Design Category D can experience major seismic damage. These geological conditions necessitate the prohibition of gypsum as a lateral-resisting building element, and the restriction of Portland cement plaster as a lateral-resisting building element to one story structures of R3 and U-1 occupancies.

Express Finding Number 3: Topographical. Areas of highly combustible dry grasses, weeds, brush and trees adjacent to structures are common throughout the city. Above ground electrical power transmission lines are suspended through trees and above large areas of dry vegetation. The arrangement of man-made features around many buildings greatly limits any approach to all but one side of a building. The area immediately adjacent to the eastern border of the city has been classified as high and very high fire severity zones under the Fire and Resource Assessment Program of the California Department of Forestry and Fire Protection. These topographical conditions, along with our climate, necessitate a greater requirement for fire-sprinklers in residential construction, a minimum Class A roof covering and adequate spark arrestors. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.060 Amend Section 101.4.1 Gas.
84 Section 101.4.1 first sentence is amended to read as follows:
101.4.1 Gas. The provisions of the California Plumbing Code and California Mechanical Codes shall apply in the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.

The remainder of the paragraph is retained as published. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.-02.070 Amend Section 105.2 exception 1 Work exempt from permit Section 105.2 exception 1. is hereby deleted and amended to read as follows:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. It is permissible for these structures to be regulated by Section 337 despite exemption from permit when they provide habitable living space.

16.02.080 Amend Section 105.5 Expiration
Section 105.5. is hereby deleted and amended to read as follows:

Before such work can recommence, a new permit shall be first obtained to do so, and the recommence fee shall be one half the amount required for a new permit (i.e. building, electrical, plumbing and mechanical fees only) for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further such suspension or abandonment has not exceeded one year. To renew a permit after expiration for over one year, the permittee shall pay new full permit fee. The maximum life of any permit is three (3) years.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time frame required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days on written request by the permittee showing circumstances beyond the control of the permittee that prevented action from being taken.

16.02.090 Amend Section 107.1.2 Electric vehicle charging stations.

Section 107.1.2 of Chapter 1 of Division II of the California Building Code is hereby added to read:
85 107.1.2 Electric vehicle charging stations. Applications for electric vehicle charging stations may be processed utilizing the City of American Canyon Electric Vehicle Charging Station Expedited/Streamlined ordinance.
(Ord. 2019-02 § 1, 2019)

16.02.095 Amend Section 202 General definitions.

Section 202 of Chapter 2 of the California Building Code is hereby amended to add or modify the following definitions to read:

City of American Canyon Electric Vehicle Charging Station Expedited/Streamlined Permitting Process: A ministerial permitting process for electric vehicle charging station installations that utilizes an application checklist to expedite review of an electric vehicle charging station permit. For such installations, the process, including permit issuance, may be conducted entirely online utilizing digital forms or may be conducted at the City’s Building Permit Counter utilizing printed forms. (Ord. 2019-02 § 1, 2019)

16.02.100 Amend Section 109.2 Schedule of permit fees.

Section 109.2 is deleted and replaced as follows:
109.2 Permit fees. Each building, structure, structure, electrical, gas, mechanical, and plumbing system or alteration that requires a permit shall include a fee payment in accordance with a schedule established by City Council Resolution.

The Building Official shall collect fees for permits and services specified in this title. Where the Building Official Director or designee finds the fees prescribed in this title do not cover the cost of providing the service which is the subject of the fee, the Building Official may charge a supplemental fee for the unpaid cost of the services provided.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.110 Amend Section 109.4 Work commencing before permit issuance.

Section 109.4 is deleted and replaced as follows:
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee establish by the Building Official that shall be in addition to the required permit fees.

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall not exceed five times the permit fee required by this code. The minimum investigation fee set forth in the fee schedule adopted by this jurisdiction or a lesser fee than the fee resolution may be permitted on the merits of each individual case by the Building 86 Official. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.120 Amend Section 901.2 Fire protection systems.

Chapter 9, Section 901.2 is hereby amended by repealing the first two sentences of Section 901.2 (thus, the provisions of Section 902.2.1 remain in effect) and replacing it with the following:
901.2 Construction documents. The Fire Chief shall have the authority to require construction documents and calculations for all fire protection systems and to require permits be issued for the installation, rehabilitation or modification of any fire protection system. Construction documents for fire protection systems shall be submitted for review and approval prior to the issuance of a building permit. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.130 Amend Section 903.2 Where required.

Section 903.2 of Chapter 9 is deleted in its entirety based upon Express Findings 1 and 3 in Section 16.02.040, and replaced with the following section:
903.2: Item 1, Approved automatic sprinkler systems shall be installed throughout all existing commercial or multi-family residential building when the floor area of an addition (including mezzanines) exceeds 50% of the existing floor area of the building or when an additional story is added. 903.2: Item 2, Any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official and Building Code Official, including conversion of buildings to single-family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences for 10 or less persons or other similar uses an automatic fire sprinkler system shall be installed throughout. 903.2 Where required. Approved automatic fire sprinkler systems shall be provided in new and existing buildings in the locations described in this section.
903.2.1 New Construction.

Regardless of any exception listed above or in the remainder of this code or the California Building Code, all buildings shall be equipped throughout with an approved fully automatic fire sprinkler system.

Fire Sprinklers shall not be required if one or more of the following exceptions are met:

1. Must comply with the American Canyon General Building Standards for residential, multi-family residential, commercial and industrial occupancies. 87 2. When approved by the Fire Code Official spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of no less than 1-hour fire-resistancerated wall and 2-hour fire-resistance-rate floor/ceiling assemblies.

3. Automatic fire sprinkler protection for fixed guideway transit systems shall be as per Section 903.2.17.

4. Detached Group U private garages and carports accessory to a Group R-3 occupancy and less than 1,000 square feet and with non-habitable space above.

5. Detached pool houses, workshops, barns and similar structures, built in conjunction with existing non-sprinkled single-family residences and provided the new structure is less than 1,000 square feet and is not intended for use as a dwelling unit.

6. Detached non-combustible canopies less than 3,000 square feet in roof area used exclusively for vehicle washing facilities or vehicle fuel dispensing stations.

7. Group B or M occupancies less than 600 square feet.

8. Detached, unenclosed gazebos, solar trellises or shade structures less than 1,000 square feet.

9. Detached restroom facilities associated with golf courses, parks and similar uses. 903.2.2 Additions. An automatic sprinkler system shall be installed throughout any existing commercial or multi-family residential building when the floor area of an addition (including mezzanines) within any three-year period exceeds 50% of the existing floor area of the building or when an additional story is added.

903.2.3 Change of occupancy. Any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official and Building Code Official, including conversion of buildings to single-family residences, accessory dwelling units, bed and breakfast, inns, lodging houses or congregate residences for 10 or less persons or other similar uses an automatic fire sprinkler system shall be installed throughout. 903.2.4 Floor control valves. Approved supervised indicating control valves and flow switches shall be provided at the point of connection to the riser on each floor in buildings two or more stories in height. 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

An automatic sprinkler system designed in accordance with Section 903.3.1.3 shall not be utilized in Group R-2.1 or Group R-4 Occupancies.
(Ord. 2019-12 § 2016-12 § 2, 2016)
88 16.02.140 Amend Section 905.3.1 Height.

Item 2 of Section 905.3.1 is deleted based upon Express Findings 1 and 3 in Section 16.02.040, and replaced with the following section:
905.3.1 Height.

2. Class I standpipes shall be installed in buildings three or more stories in height with approved outlets provided at each level including the roof when required by the Fire Code Official.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.150 Amend California Building Code Table 1505.1 Minimum Roof Covering Classification.

Table 1505.1 is to be deleted and based upon Express Findings 1 and 3 in Section 16.02.040, and replaced with the following:

Table 1505.1

MINIMUM ROOF COVERING

CLASSIFICATION

FOR TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.160 Amend Section 1512 Reroofing.

Section 1512 is amended and based upon Express Findings 1 and 3 in Section 16.02.040, to add the following section:
1512.6 Spark arrestor. Whenever a permit has been issued for reroofing a spark arrestor conforming to Section 2802 shall be installed (or the existing replaced if not in conformance with Section 2802) on all fireplace chimneys before final inspection and approval. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.180 Amend Section 1705.3 Concrete construction. Deleted Chapter 16.02.180. Should read

RESERVED

16.02.190 Amend Section 1809.8 Plain concrete footings.

Delete Section 1809.8 and replace as follows:
89 1809.8 Plain concrete footings. The edge thickness of plain concrete footings supporting walls of other than light-frame construction shall not be less than 8 inches (203 mm) where placed on soil and in all cases, as a minimum, one ½″ (51 mm) continuous rebar shall be placed at the top and at the bottom of all grade beams and spread footings.

Exception: For plain concrete footings supporting Groups R-3 and one-story Group U occupancies the edge thickness is permitted to be 6 inches (152 mm), provided the footing does not extend beyond a distance greater than the thickness of the footing on either side of the supported wall. In all cases, as a minimum, one ½″ (51 mm) continuous rebar shall be placed at the top and at the bottom of all grade beams and spread footings.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.210 Amend Section 1905.1.7 ACI 318-19, Section 14.1.4.

Section 1905.1.7 is deleted and based upon Express Findings 1 and 3 in Section 16.02.040 is amended to read as follows:
1905.1.7 ACI 318, Section 22.10. Delete ACI 318, Section 22.10, and replace with the following:

22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.

22.10.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one- and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member does not exceed the footing thickness. (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing.

Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one- and two-family dwellings three stories or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less than 0.002 times the gross crosssectional area of the footing. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.220 Amend Section 1907.1 General.
90 Section 1907.1 General is deleted and based upon Express Findings 1 and 3 in Section 16.02.040 is amended to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the ground shall not be less than 3 1/2 inches (89 mm). A 6-mil (0.006 inch; 0.15 mm) polyethylene retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the base course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through the floor slab. As a minimum and in all cases where a slab is to be placed inside of a building, the slab shall be reinforced with not less than six inches by six inches ten-gauge welded wire mesh or an approved alternate installed at mid height of the slab.

Exception: A vapor retarder is not required:

1. For detached structures accessory to occupancies in Group R-3, such as garages, utility buildings or other unheated facilities.

2. For unheated storage rooms having an area of less than 70 square feet (6.5 m2) and carports attached to occupancies in Group R-3.

3. For buildings of other occupancies where migration of moisture through the slab from below will not be detrimental to the intended occupancy of the building.

4. For driveways, walks, patios and other flatwork which will not be enclosed at a later date.

5. Where approved based on local site conditions.

In all slabs under habitable spaces, a 4-inch (10 mm) crushed rock capillary water barrier shall be provided under the minimum 6 mil vapor retarder.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.02.260 Amend Appendix H Section H101.2 Signs exempt from permits.

Appendix Chapter H Section H101.2 is deleted and replaced as follows:

H101.2 Signs exempt from building and/or electrical permits. The following signs are exempt from the requirements to obtain a building and/or electrical permit before erection:

1. Painted non-illuminated signs not exceeding 9 square feet (2.74 m2).

2. Temporary signs announcing the sale or rent of property not exceeding 9 square feet (2.74 m2).

3. Signs erected by transportation authorities.

4. Projecting signs not exceeding 2.5 square feet (0.23 m2).

5. The changing of moveable parts of an approved sign that is designed for such changes, or the repainting or repositioning of display matter shall not be deemed an alteration. (Ord. 2019-12 § 2016-12 § 2, 2016)
91 Chapter 16.03 CALIFORNIA RESIDENTIAL CODE

16.03.010 Title.

This chapter shall be cited as the California Residential Code of the city and any reference in the city municipal code or any chapter thereof to the California Residential Code applies to this chapter. (Ord. 2019-12 § 2016-12 § 2,

16.03.020 Code adoption.

The City of American Canyon adopts all those certain documents marked and designated, as “California Residential Code, 2022 Edition,” together with Appendix H and V published and copyrighted by the International Code Council. The documents identified in this section are adopted in their entirety excepting additions, revisions and omissions listed in Sections 16.03.030 through 16.03.080 of this chapter. A copy of the adopted California Residential Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.030 Appendices.

The Residential Code as adopted by Section 16.03.020 is amended and adopted with the following appendices:

Appendix Chapter AH, Patio Covers
(Ord. 2019-12 § 2016-12 § 2, 2016)
Appendix Chapter AX, Swimming Pool Safety Act
Section 115922 is hereby deleted and amended to read as follows:

Except as provided in Section 115925, when a building permit is issued for construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with all three of the following drowning prevention safety features:

1. An enclosure that meets the requirements of Section 1215923 and isolates the swimming pool or spa from the private single-family home.

2. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on the private single-family’s home doors providing direct access to the swimming pool or spa.

3. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa shall be equipped with audible alarm of sufficient volume that can be heard throughout the dwelling. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open. The alarm device shall be approved by the Building Official; or

4. A safety pool cover complying with the ASTM, in compliance with standard F1346-91 or approved by the Building Official may be used in lieu of alarm devices required for doors and sliding doors.
92 16.03.040 Section R105.2.1 Work exempt from permits.

Item 1 of Section R105.2 exemptions is hereby deleted and amended to read as follows:

1. One-story detached accessory structure, used as tool sheds and storage sheds, playhouses and similar uses provided the floor area does not exceed 120 square feet, (11.15 m2). The height of the one story detached accessory structure shall not exceed 15 feet (4.75 m) at any point or as specified by local zoning ordinance. It is permissible these structures shall be regulated by Section 710 and R337 despite exemption from permit.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.040 Amend Section R105.5. Expiration
Section R105.5 is hereby deleted and amended to read as follows:

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building, structure, equipment or work authorized by such permit is not commenced within 12 months from the date of such permit, or if the building, structure, equipment or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one half the amount required for a new permit (i.e. building, electrical, plumbing and mechanical fees only) for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. To renew action on a permit after expiration, the permittee shall pay new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time frame required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing circumstances beyond the control of the permittee that have prevented action from being taken.

16.03.050 Section R108.7 Re-inspection fee.

Section R108.7 is hereby added to read as follows:

R108.7 Re-inspection Fee. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector. For failure to 93 provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.060 Section R108.8 Violation penalties.

Section R108.8 is hereby added to read as follows:
108.8 Violation penalties. Any persons who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall not exceed five times the permit fee required by this code. The minimum investigation fee set forth in the fee schedule adopted by this jurisdiction or a lesser fee than the fee resolution may be permitted on the merits of each individual case by the Building Official. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.065 Section R313.2 One- and two-family dwellings automatic fire systems, Exception.

Section R313.2, Exception number 1 is hereby deleted and replaced by the following sentence:

An automatic sprinkler system shall be installed throughout any existing one- or two-family dwelling when the floor area of the addition (including mezzanines) exceeds 50% of the existing floor area of the building or when an additional story is added.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.070 Amend Section R506.2.4 Reinforcement support.

Section R506.2.4 is deleted and based upon Express Findings 1 and 3 in Section 16.03.030 is amended to read as follows:

R506.2.4 Reinforcement support. Where provided in slabs on ground, reinforcement shall be supported to remain in place from the center to upper one third of the slab for the duration of the concrete placement. As a minimum, and in all cases where a slab is to be placed inside of a building, the slab shall be reinforced with not less than six inches by six inches ten-gauge welded wire mesh, or an approved alternate.

In all slabs under habitable spaces, a minimum of 4 inches (102 mm) of crushed rock capillary water barrier shall be provided under a minimum 10 mil vapor retarder. The vapor barrier shall be protected by a minimum of 2 inches (51 mm) of sand or equivalent protection. (Ord. 2019-12 § 2016-12 § 2, 2016)
94 16.03.080 Amend Section R907 Rooftop Mounted Photovoltaic Panel Systems.

Section R907.1.1. and 907.1.2 are hereby added based upon Express Findings 1 and 3 in Section 16.03.030 to read as follows:

R907.1.1 Solar photovoltaic panels/modules. Solar photovoltaic panels/modules installed upon a roof or as an integral part of a roof assembly shall comply with the requirements of this code and the California Fire Code as amended by the City of American Canyon.

R907.1.2 Structural fire-resistance. The structural frame and roof construction supporting the load imposed upon the roof by the photovoltaic panels/modules shall comply with the requirements of the California Building Code Sections 1510 and 1511.
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.03.090 Amend Section R202 General definitions.

Section R202 of Chapter 2 of the California Residential Code is hereby amended to add the following definitions to read:

16.04.010 Title.

This chapter shall be cited as the “California Electrical Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Electrical Code, CEC, or Electrical Code, refers and applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.04.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Electrical Code, 2022 Edition,” published by BNI Publications, Inc., and copyrighted by the National Fire Protection Association and the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Electrical Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016)
Chapter 16.05 CALIFORNIA MECHANICAL CODE

16.05.010 Title.

This chapter shall be cited as the “California Mechanical Code” of the city and any reference in the city municipal code or any chapter thereof to the California Mechanical Code, CMC or Mechanical Code refers and applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016) 95 16.05.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Mechanical Code, 2022 Edition,” published by International Association of Plumbing and Mechanical Officials and copyrighted by International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Mechanical Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016)
Chapter 16.06 CALIFORNIA PLUMBING CODE

16.06.010 Title.

This chapter shall be cited as the “California Plumbing Code” of the city and any reference in the city municipal code or any chapter thereof to the Uniform Plumbing Code, CPC or Plumbing Code refers and applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.06.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Plumbing Code, 2022 Edition,” published by International Association of Plumbing and Mechanical Officials and copyrighted by International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. The documents identified in this section are adopted in their entirety excepting additions, revisions and omissions listed in Sections 16.06.030 and 16.06.040 of this chapter. A copy of the adopted California Plumbing Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.06.030 Appendices.

The Plumbing Code as adopted by Section 16.04.020 is amended and adopted with the following appendices sections:

Appendix C Alternate Plumbing Systems
Appendix D Sizing Storm Water Drainage Systems
Appendix I Installation Standards
(Ord. 2019-12 § 2016-12 § 2, 2016)

16.06.040 Adopt Chapter 16A, Part II Non-potable water reuse systems.

Chapter 16A, Part II is adopted in its entirety. (Ord. 2019-12 § 2016-12 § 2, 2016) Chapter 16.07 CALIFORNIA ENERGY CODE

16.07.010 Title.

This chapter shall be cited as the “California Energy Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Energy Code, or Energy Code, refers and applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016) 96 16.07.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Energy Code, 2022 Edition,” by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Energy Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. 2019-12 § 2016-12 § 2, 2016) Chapter 16.08 CALIFORNIA HISTORICAL BUILDING CODE

16.08.010 Title.

This chapter shall be cited as the “California Historical Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Historical Building Code, or Historical Building Code, refers and applies to this chapter. (Ord. 2019-12 § 2016-12 § 2, 2016)

16.08.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Historical Building Code, 2022 Edition,” published by the International Code Council and copyrighted by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Historical Building Code shall be kept on file in the office of the Building Official for use and examination by members of the public. (Ord. § 2019- 12 § 2, 2016)
Chapter 16.09 CALIFORNIA EXISTING BUILDING CODE

16.09.010 Title.

This chapter shall be cited as the “California Existing Building Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Existing Building Code, refers and applies to this chapter.

16.09.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Existing Building Code, 2022 Edition,” published by the International Code Council and copyrighted by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Existing Building Code shall be kept on file in the office of the Building Official for use and examination by members of the public.

Chapter 16.11 CALIFORNIA GREEN BUILDING STANDARDS CODE

16.11.010 Title.

This chapter shall be cited as the “California Green Building Standards Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Green Building Standards Code, or CALGreen, refers and applies to this chapter.

16.11.020 Code adoption.
97 The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Green Building Standards Code, 2022 Edition,” published by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Green Building Standards Code shall be kept on file in the office of the Building Official for use and examination by members of the public.

Chapter 16.13 REPAIR AND RECONSTRUCTION

16.13.010 Adoption and intent.

This chapter establishes regulations as amendments to the building code for the expeditious repair of damaged structures. In the event an amendment to the California Building Standards Code results in differences between these building standards and the California Building Standards Code, the text of these building standards shall govern. In accordance with California Health and Safety Code Section 17958.7, express findings that modifications to the California Building Standards Code are reasonably necessary because of local climatic, geological or topographical conditions are either already on file with the California Building Standards Commission prior to the effective date of the ordinance codified in this chapter. In accordance with California Government Code Section 50022.6, at least one true copy of the California Building Code has been on file with the Building Official since fifteen days prior to enactment of the ordinance codified in this chapter. While this chapter is in force, a true copy of this chapter shall be kept for public inspection in the office of the Building Official. (Ord. 2008-13, 2008)

16.13.020 Definitions.

For the purposes of this chapter, the following definition applies and is hereby added to Section 3402.1 Definitions of the 2022 California Building Code (CBC):

Substantial Structural Damage. A condition where:
3403. In any story, the vertical elements of the lateral-force-resisting system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or 3403. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure’s floor(s) and roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than 75 percent of that required by the building code for new buildings of similar structure, purpose, and location.
(Ord. 2008-13, 2008)

16.13.030 Repairs.

For the purposes of this chapter, the following repair requirements are hereby added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or Repair in the 2022 California Building Code (CBC):
3403.5.1 Repairs. Repairs of structural elements shall comply with this section. 98 3403.5.1.1 Seismic Evaluation and Design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria.
3403.5.1.1.1 Evaluation and Design Procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 41 Seismic Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified in Section 3403.5.1.1.3.
3403.5.1.1.2 CBC Level Seismic Forces. When seismic forces are required to meet the building code level, they shall be one of the following:

1. 100 percent of the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as “Ordinary” unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as “Intermediate” or “Special.” 3403. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41.

Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2.

Table 3403.5.1.1.2
ASCE 41 Performance Levels
Occupancy Category
(Based on IBC Table
1604.5)
Performance Level for Use With
ASCE 41 BSE-1 Earthquake Hazard
Level
Performance Level for Use With
ASCE 41 BSE-2 Earthquake Hazard
Level
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Note (a) Note (a)
IV Immediate Occupancy (IO) Life Safety (LS)
3403. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV. 3403.6.1.1.3 Reduced CBC Level Seismic Forces. When seismic forces are permitted to meet reduced building code levels, they shall be one of the following:

1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor as specified in Section 3403.6.1.1.2.
99 3403. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced building code force levels.

2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A1.

2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2.

2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3.

2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A4.

2.5. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified in Appendix Chapter A5.

3. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and the performance level as shown in Table 3403.6.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken less than 75 percent of the respective design seismic coefficients 2.5Ca and Cv as defined in Tables 16-Q and 16-R of the International Building Code. 3403.6.1.2 Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code.
3403.6.2 Repairs to Damaged Buildings. Repairs to damaged buildings shall comply with this section. 3403.6.2.1 Unsafe Conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated.
3403.6.2.2 Substantial Structural Damage to Vertical Elements of the Lateral–Force-Resisting System. A building that has sustained substantial structural damage to the vertical elements of its lateral-forceresisting system shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.6.2.2.1 through 3403.6.2.2.3.
3403.6.2.2.1 Evaluation. The building shall be evaluated by a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its pre-damage state, would comply with the provisions of the building code. Wind forces for this evaluation shall be those prescribed in the building code. Seismic forces for 100
this evaluation are permitted to be the reduced level seismic forces specified in Code Section 3403.6.1.1.3.
3403.6.2.2.2 Extent of Repair for Compliant Buildings. If the evaluation establishes compliance of the pre-damage building in accordance with Section 3403.6.2.2.1, then repairs shall be permitted that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage.
3403.6.2.2.3 Extent of Repair for Non-Compliant Buildings. If the evaluation does not establish compliance of the pre-damage building in accordance with Section 3403.6.2.2.1, then the building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind or seismic forces. The wind design level for the repair shall be as required by the building code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required for the design of the predamaged building, but not less than the reduced level seismic forces specified in Section 3403.6.1.1.3. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location.
3403.6.2.3 Substantial Structural Damage to Vertical Load-Carrying Components. Vertical load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable provisions for dead and live loads in the building code. Undamaged vertical load-carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location.
3403.6.2.3.1 Lateral Force-Resisting Elements. Regardless of the level of damage to vertical elements of the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be evaluated in accordance with Section 3403.6.2.2.1 and, if non-compliant, rehabilitated in accordance with Section 3403.6.2.2.3. 3403.6.2.4 Less than Substantial Structural Damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location.
3403.6.3 Referenced Standards.

Standard Referenced
Reference In Code
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Number Title Section Number
ASCE 41-03 Seismic Evaluation of Existing Buildings 3403.6.1.1.1 TABLE 3403.6.1.1.2, 3403.6.1.1.3
ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.6.1.1.1, 3403.6.1.1.2 TABLE 3403.6.1.1.2, 3403.6.1.1.3
(Ord. 2019-12, 2008-13, 2008)
Chapter 16.15 STREAMLINED RESIDENTIAL ROOFTOP SOLAR ENERGY PERMIT

16.15.010 Intent and purpose.

The intent and purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 2015- 09 § 1, 2015)

16.15.020 Applicability.

A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system in such a way as to require new permitting.

Routine operation and maintenance of like-kind replacements shall not require a permit. (Ord. 2015-09 § 1, 2015)

16.15.030 Definitions.
“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
“Building division” means the building and safety division for the City of American Canyon. “Building Official” means the Chief Building Official for the City of American Canyon. “City” means the City of American Canyon.
“Common interest development” means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.
“Electronic submittal” means the utilization of one or more of the following:
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1. Email;

2. The Internet; or

3. Facsimile.
“Expedited permitting,” and “expedited review,” means the process outlined in Section 16.15.070 entitled “Expedited permit review and inspection requirements.” A “feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the city on another similarly situated application in a prior successful application for a similar permit. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed one thousand dollars over the cost of the system as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.
“Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is not larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of American Canyon and all state of California health and safety standards.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of American Canyon.
“Solar energy system” means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.
“Specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. (Ord. 2015-09 § 1, 2015) 103

16.15.040 Solar energy system requirements.

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 2015-09 § 1, 2015)

16.15.050 Aesthetic installation.

Electrical metallic tubing (EMT) and other forms of conduit is not permitted in exposed exterior locations visible from the public right-of-way. Exposed conduit placed toward the rear of the house out of view of the public right-of-way shall be painted to match the color of the house. (Ord. 2015-09 § 1, 2015)

16.15.060 Duties of Community Development Department and Building Official.

A. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city’s publicly accessible website.

B. Electronic submittal of the required permit application and documents via email, the city’s website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

E. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

F. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55 and 66015 and Health and Safety Code Section 17951. (Ord. 2015-09 § 1, 2015)

16.15.070 Expedited permit review and inspection requirements.

A. The building division shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within thirty days of adoption of this chapter. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the building division shall issue a building permit or other non-discretionary permit within three business days. The Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. 104
B. Review of the application shall be limited to the Building Official’s review of whether the applicant meets local, state and federal health and safety requirements.

C. If a use permit is required, the Building Official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A) and (B).

E. The city shall not condition the approval of an application on the approval of an association as defined in Civil Code Section 4080.

F. If an application for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission.

G. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review.

H. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request.

I. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. (Ord. 2015-09 § 1, 2015) Chapter 16.16 CALIFORNIA ADMINISTRATIVE CODE – ADDED NEW CHAPTER

16.16.010 Title.

This chapter shall be cited as the “California Administrative Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Administrative Code, refers and applies to this chapter.

16.16.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Administrative Code, 2022 Edition,” published by the International Code Council and copyrighted by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Administrative Code shall be kept on file in the office of the Building Official for use and examination by members of the public.

Chapter 16.17 CALIFORNIA REFERENCE STANDARDS CODE – ADDED NEW CHAPTER

16.17.010 Title.

This chapter shall be cited as the “California Reference Standards Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the California Reference Standards Code, refers and applies to this chapter.
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16.17.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “California Reference Standards Code, 2022 Edition,” published by the International Code Council and copyrighted by the California Building Standards Commission. The documents identified in this section are adopted in their entirety. A copy of the adopted California Reference Standards Code shall be kept on file in the office of the Building Official for use and examination by members of the public.

Chapter 16.18 INTERNATIONAL PROPERTY MAINTENANCE CODE – ADDED NEW CHAPTER

16.18.010 Title.

This chapter shall be cited as the “International Property Maintenance Code” of the City of American Canyon and any reference in the city municipal code or any chapter thereof to the International Property Maintenance Code, refers and applies to this chapter.

16.18.020 Code adoption.

The City of American Canyon does hereby adopt all those certain documents marked and designated, as “International Property Maintenance Code, 2021 Edition,” published by the International Code Council and copyrighted by the International Code Council. The documents identified in this section are adopted in their entirety. A copy of the adopted International Property Maintenance Code shall be kept on file in the office of the Building Official for use and examination by members of the public. 106

EXHIBIT B

16.02.040 Findings and determination.

As permitted in Health and Safety Code Section 17958.7, the City of American Canyon finds and determines the local amendments to 2022 California Building Code are either administrative in nature or reasonably necessary to protect the health, safety and general welfare of the public due to local climatic, geological or topographical conditions. Those findings are as follows:

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

PUBLIC HEARING
ITEM NUMBER: 11.

TITLE
Water Conservation Plan Municipal Code Update First Reading

RECOMMENDATION
Waive first reading, read by .tle only, and adopt an Ordinance of the City Council of the City of American Canyon to repeal and replace Chapter 13.14.01 through 13.14.140 of the American Canyon Municipal Code.

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

BACKGROUND & ANALYSIS
In response to the severe drought of 2012-2016, new legisla.on in 2018 created a Water Shortage Con.ngency Plan (WSCP) mandate replacing the water shortage con.ngency analysis under former law. The new requirements are more prescrip.ve to have consistency throughout California. The City Municipal Code Water Conserva.on Plan Chapter 13.14 (A?achment 1) serves as the City’s WSCP and may be amended as needed without amending the 2020 Urban Water Master Plan (UWMP). Redlines to the Water Conserva.on Plan Ordinance (A?achment 2) meet new requirements to the new legisla.on in 2018. The plan is for City Council to adopt the Ordinance on November 15, 2022.

The City’s WSCP details the stages of ac.ons to be taken during a reduc.on in available water supply. These ac.ons are broken up based upon six possible stages of water shortage. Reduc.ons in supply are most frequently associated with drought, but could also be the result of flooding, major fire emergencies, earthquakes, regional power outages, water contamina.on, and any other situations that could impact the City’s water supply.

The goal of a WSCP is to have a procedure for managing and mi.ga.ng shortages allowing the city to respond in an efficient and .mely manner. Water shortage response ac.ons include demand reduc.on, supply augmenta.on, opera.onal changes, and mandatory prohibi.ons to address shortage levels. The stages of ac.on in response to water supply shortages, including greater than 50 percent reduc.on in water supply are summarized in table 8-1 of the 2020 UWMP water shortage contingency plan levels (Attachment 3).
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COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."

FISCAL IMPACT
There is no fiscal impact to the Municipal Code Water Conservation Plan Update.

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. Ordinance Repeal and Replacing Water Conservation Plan Chapter 13.14

2. Redlines - Ordinance Water Conservation Plan

3. Table 8-1 Water Shortage Contingency Plan Levels.
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ORDINANCE NO. 2022-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON REPEAL AND REPLACE CHAPTER 13.14.01 THROUGH 13.14.140 OF THE AMERICAN CANYON MUNICIPAL CODE WHEREAS, the Water Code section 10632 et seq. and California Urban Water Management Planning Act, Water Code section 10610 et seq. mandates that every urban water supplier, prepare and adopt a Water Shortage Contingency Plan meeting the requirements of the code; and WHEREAS, the City of American Canyon is an urban water supplier for the purposes of the code, and approved and adopted its most recent City Water Conservation Plan in May 2015; and WHEREAS, the City, in accordance with applicable law including requirements of the Code has prepared its Water Conservation Plan and has undertaken certain agency coordination, public notice, public involvement and outreach, public comment, and other procedures in relation to its Water Conservation Plan; and
WHEREAS, the City has prepared its Water Conservation Plan with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies and has utilized and relied upon industry standards and the expertise of industry professionals in preparing its Water Conservation Plan and has utilized and relied upon the Department of Water Resources 2020 Urban Water Management Plans Guidebook for Urban Water Suppliers (March 2021); and WHEREAS, in accordance with applicable law, including Water Code sections 10632, and Government Code section 6066, the City made its Water Conservation Plan available for public inspection, and caused to be published within the jurisdiction of the City at least two notices of public hearing regarding the City’s Water Conservation Plan, which publication dates included March 23, 2022 and April 6, 2022; and
WHEREAS, pursuant to the public hearing on the Water Conservation Plan the City encouraged the active involvement of diverse social, cultural, and economic elements of the population within the City’s service area with regard to the preparation and adoption of the Water Conservation Plan, encouraged input by members of the public and any other interested party regarding all aspects of the Water Conservation Plan, encouraged community input regarding the City’s plan for complying with the Water Conservation Act of 2009, considered the economic impacts of complying with the Water Conservation Act of 2009; and
WHEREAS, the City Council has reviewed and considered the purposes and requirements of the Urban Water Management Planning Act, Water Code section 10632 et seq, and the Water Conservation Act of 2009, the contents of the Water Conservation Plan, the documentation contained in the administrative record in support of the Water Conservation Plan, and all public and agency input received with regard 110
to the Water Conservation Plan, and has determined that the factual analyses and conclusions set forth in the Water Conservation Plan are supported by substantial evidence.

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

SECTION 1: Repeal and Replace Chapters 13.14.01 through 13.14.140 of the City of American Canyon Municipal Code.
• CHAPTER 13.14.010 TITLE
• CHAPTER 13.14.020 PURPOSE AND INTENT
• CHAPTER 13.14.030 DEFINITIONS
• CHAPTER 13.14.060 WATER WASTE PROHIBITIONS
• CHAPTER 13.14.070 WATER CONSERVATION STAGES
• CHAPTER 13.14.080 MANDATORY CONSERVATION PHASE IMPLEMENTATION AMENDING CHAPTERS 13.14.01 THROUGH 13.14.140 OF THE CITY OF AMERICAN CANYON MUNICIPAL CODE; and all other ordinances of parts of ordinances in conflict herewith are repealed as set forth in Exhibit A, attached herein and incorporated by reference.

SECTION 2: Amend the following Chapters: 13.14.010 TITLE; 13.14.020 PURPOSE AND INTENT;

13.14.030 DEFINITIONS; 13.14.060 WATER WASTE PROHIBITIONS; 13.14.070 WATER CONSERVATION STAGES; 13.14.080 MANDATORY CONSERVATION PHASE IMPLEMENTATION.

SECTION 3: No Change to the following Chapters: 13.14.040 AUTHORIZATION; 13.14.050 APPLICATION;

13.14.065 RECYCLED WATER SERVICE REQUIRED; 13.14.090 DURATION OF CONSERVATION STAGES;

13.14.100 DROUGHT SURCHARGE; 13.14.110 EXCEPTIONS AND APPLICATION PROCEDURES FOR EXCEPTIONS; 13.14.120 VIOLATION—ENFORCEMENT; 13.14.130 VIOLATION—PENALTIES; 13.14.140 VIOLATION—ADDITIONAL REMEDY.

SECTION 4: This ordinance shall take effect thirty (30) days after its passage. The effective date of this Ordinance shall be January 5, 2023.

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 15th day of November, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

AYES:

NOES:

ABSTAIN:
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ABSENT:
_____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney Exhibit A Chapter 13.14 Water Conservation Plan Codes
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EXHIBIT A
Title 13 WATER SERVICE SYSTEM
Chapter 13.14 WATER CONSERVATION PLAN
Chapters

13.14.010 TITLE

13.14.020 PURPOSE AND INTENT

13.14.030 DEFINITIONS

13.14.040 AUTHORIZATION

13.14.050 APPLICATION

13.14.060 WATER WASTE PROHIBITIONS

13.14.065 RECYCLED WATER SERVICE REQUIRED

13.14.070 WATER CONSERVATION STAGES

13.14.080 MANDATORY CONSERVATION PHASE IMPLEMENTATION

13.14.090 DURATION OF CONSERVATION STAGES

13.14.100 DROUGHT SURCHARGE

13.14.110 EXCEPTIONS AND APPLICATION PROCEDURES FOR EXCEPTIONS

13.14.120 VIOLATION—ENFORCEMENT

13.14.130 VIOLATION—PENALTIES

13.14.140 VIOLATION—ADDITIONAL REMEDY
Chapter 13.14 WATER CONSERVATION PLAN

13.14.010 Title.

This chapter shall be known as the “Water Conservation Plan” of the city of American Canyon and may be so cited. This chapter serves as the city’s water shortage contingency plan. (Ord. 2015-07 § 2, 2015)

13.14.020 Purpose and intent.

The purpose of this chapter is to have a plan for water conservation resulting from a reduced supply of water such as may result from drought, water supply shortages, or limitations of water delivery conditions.

Nothing in this chapter will preclude the city council from passing an emergency resolution for the immediate curtailment of water use by its customers due to water supply shortages and delivery limitations caused by catastrophic events and conditions, either natural or unnatural.

In the event any provision of this chapter conflicts or overlaps with any mandatory state regulation related to water conservation, the most stringent shall apply. (Ord. 2015-07 § 2, 2015)

13.14.030 Definitions.

The terms used in this chapter shall have the following meanings:
“City” means the city of American Canyon acting by and through the city of American Canyon public works department as operator of the city of American Canyon water and recycled water systems. 113
“Customer” means any person, firm, partnership, association, corporation, company, organization, property, or governmental entity, whether within or outside the geographic boundaries of the city of American Canyon, who uses water supplied by the city.
“Essential water use” means water necessary for human consumption, sanitation, and fire protection.

All other uses of water that are not specifically required to meet these needs shall be considered nonessential. “GPD” means gallons per day.
“Low-flow toilet” means a toilet that uses no more than 1.6 gallons of water per flush or less. “Manager” is the city manager of the city of American Canyon. “Nonresidential uses” means all other uses not classified as residential pursuant to ACMC 19.05.040. “Ornamental (or decorative)” means a water feature where artificially supplied open water performs solely an aesthetic function. Ornamental (or decorative) water features do not include recreational water features, such as swimming pools and spas.
“Maintenance and Utilities Director” is the public works department head of the city of American Canyon.
“Recycled water” means water treated in accordance with Title 22, Section 60301 et seq., of the California Code of Regulations and suitable for reuse under the circumstances outlined. “Residential uses” means all those uses classified as residential pursuant to ACMC 19.05.040. “Turf” means a species of grass that was developed to be used as a lawn together with the surface layer of earth held together by its roots.
“Water” means potable water. (Ord. 2015-07 § 2, 2015)

13.14.040 Authorization.

The manager or designee is authorized and directed to implement the applicable provisions of this chapter upon adoption of a city council resolution determining that such implementation is necessary to protect the public health, safety and welfare. (Ord. 2015-07 § 2, 2015)

13.14.050 Application
The provisions of this chapter shall apply to all persons, customers and properties served by the city including expressly those outside the geographic boundaries of the city of American Canyon. (Ord. 2015- 07 § 2, 2015)

13.14.060 Water waste prohibitions.

The following uses of water are defined as “waste of water” and are absolutely prohibited:

A. Failing to repair a leak and/or otherwise permit the escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time 114
within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of seventy-two hours after the customer discovers such a break or leak or receives notice from the city, is a reasonable time within which to correct such a break or leak or, at a minimum, to stop the flow of water from such break or leak.

B. Use water to irrigate grass, lawns, groundcover, shrubbery, crops, trees or other vegetation or in such a manner as to result in runoff to any gutter, ditch, drain or impermeable surface. Every customer is deemed to have his or her water system under control at all times, to know the manner and extent of his or her water use and any run-off, and to employ available alternatives to apply irrigation water in an efficient manner.

C. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle.

D. Water for non-recycling decorative water fountains.

E. Water for single-pass evaporative cooling systems for air conditioning in all connections installed after the effective date of the ordinance codified in this chapter, unless required for health or safety reasons.

F. Water for non-recirculating conveyor car wash systems, industrial clothes wash systems, and/or other commercial purposes for which recirculated or recycled water can safely and effectively serve the same purpose.

G. Water for the irrigation of turf for nonresidential uses.

H. Water for the flushing of toilets for nonresidential uses with the exception of water for flushing low-flow toilets and/or as provided by Section 13.14.110.

I. The use of water for earth compaction, dust control, or other construction use, including the testing of new sewer lines unless the water is obtained from a source expressly approved by the Maintenance and Utilities Director; provided, however, notwithstanding the foregoing, that water may be used for purposes of testing new water service lines.

J. Withdrawal of water from fire hydrants within the service area of the city, except for purposes of fire-fighting, water system maintenance, and other uses as permitted by the city.

K. All restaurants, hotels, cafés, cafeterias, bars, or other public places where food or drink are served and/or purchased are to serve water to customers only when specifically requested by the customer.

L. All hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

M. The irrigation with water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with Chapter 16.14.
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N. Use of water that is inconsistent with state or federal regulations. (Ord. 2015-07 § 2, 2015)

13.14.065 Recycled water service required.

Following a public hearing, the city’s nonresidential water customers whose properties may be served by recycled water shall connect their property to recycled water for those uses for which the use of potable domestic water would be deemed a waste or unreasonable use of water as specified in Division 7, Chapter 7, of the California Water Code (Section 13550 et seq.). Recycled water customers shall pay for recycled water at the rate established by the city council.

Upon written notification from the city, new development shall construct the infrastructure to accept recycled water from the city. New development shall pay any applicable recycled water connection fees at the rate established by the city council.

Upon written notification from the city, new development abutting on any street in which there is now or may in the future be located a public recycled water line, is required to connect the property directly to the recycled water line, provided that the public recycled water line is within two hundred feet of the nearest point of the property. The expense to extend the public recycled water line and associated appurtenances to and across the street frontage is the sole responsibility of the developer.

Upon written notification from the city, new development abutting on any street in which there may be located a public recycled water line in the future is required to construct the recycled water line and associated appurtenances along the street frontage at the developer’s sole expense, including the new development’s connection thereto.

Failure of a water customer to accept service of recycled water when it is made available, where use of potable water would otherwise be deemed a waste or unreasonable use of water, may be grounds for termination of the customer’s potable water service.

Failure of a recycled water customer to comply with the city’s conditions for recycled water use shall be deemed a violation and shall be subject to enforcement as outlined in Section 13.14.120.

Water customers may appeal the city’s determination that recycled water of suitable quality is available as outlined in Section 13.14.110. (Ord. 2015-07 § 2, 2015)

13.14.070 Water conservation stages.

The intent of this section is to provide for the escalation of customer demand management strategies that may be necessary due to an emergency caused by drought and/or water supply shortages. There are six stages of strategies, each of which builds upon its predecessor stage and are to be implemented as the severity of conditions increase. Stage 6 can be implemented at any time due to catastrophic events and conditions, either natural or unnatural, including flooding, major fire emergencies, earthquakes, regional power outages, water contamination, and emergencies other than water shortage. No customer of the city shall make, cause, use, or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of what is permitted in accordance with the provisions of this chapter. The reductions shall be based upon the amount of water used during that base period defined as the amount of water used on a customer’s property during the corresponding monthly billing period in the previous year, or other year as may be designated by the 116
city council. New services or services without a base year billing history shall be allotted on comparable customer usage.

A. Stage 1. Voluntary Conservation. The intent of Stage 1 is to achieve an overall system-wide demand reduction of ten percent. The city council may by resolution declare a “Drought Emergency Stage 1 (Voluntary Conservation)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system-wide reduction of ten percent is necessary. During Stage 1, all water customers of the city shall be requested to implement the following best practices:

1. Apply irrigation water only during the evening and early morning hours to reduce evaporation losses.

2. Utilize water conservation incentive, rebate and giveaway programs to replace water guzzling plumbing fixtures and appliances with water efficient models.

3. Utilize city information regarding using water efficiently, reading water meters, repairing ordinary leaks, and water efficient landscape.

4. Wash automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment during the evening and early morning hours to reduce evaporation losses. Such washing shall be done with a hand-held bucket, or hand-held hose equipped with a positive shutoff nozzle used for quick rinses.

5. Reduce monthly demand by ten percent when compared to the same time period in the established base year.

B. Stage 2. Mandatory Compliance—Water Alert. The intent of Stage 2 is to achieve an overall system-wide demand reduction of twenty percent. The city council may by resolution declare a “Drought Emergency Stage 2 (Mandatory Compliance—Water Alert)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system-wide reduction of twenty percent is necessary. In addition to the mandatory twenty percent reduction for each water customer, and in addition to the requirements in Stage 1, the following activities shall be prohibited:

1. Gardening and landscape irrigation utilizing individual sprinklers or sprinkler systems on lawns, gardens, landscaped areas, trees, shrubs, or other plants except as expressly provided for by resolution of the city council.

2. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment except as expressly allowed by the adoption of a resolution by city council.

3. The washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas except as expressly allowed by the adoption of a resolution by city council.

4. The irrigation of turf on street medians with water.

5. The use of water to fill a new or existing swimming pool, spa, pond, or similar recreational basin of water.

6. The operation of any ornamental fountain or other structure making similar or otherwise ornamental use of water outside.
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C. Stage 3. Mandatory Compliance—Water Emergency. The intent of Stage 3 is to achieve an overall system-wide demand reduction of thirty percent. The city council may, by resolution, declare a “Drought Emergency Stage 3 (Mandatory Compliance—Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system-wide demand reduction of thirty percent is necessary. In addition to a mandatory reduction of thirty percent for each water customer, and in addition to the requirements in Stages 1 and 2, the following activities shall be prohibited:

1. Planting any new landscaping, except for native, drought tolerant species as defined by Chapter 16.22.

D. Stage 4. Mandatory Compliance—Critical Water Emergency. The intent of Stage 4 is to achieve an overall system-wide demand reduction of forty percent. The city council may, by resolution, declare a “Drought Emergency Stage 4 (Mandatory Compliance—Critical Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system-wide demand reduction of forty percent is necessary. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, and 3, the following activities shall be prohibited:

1. Residential development unless the developer has submitted a complete building permit application to the City prior to the Stage 4 declaration. Building permit applications may proceed with a deferral of landscape installation, until the water shortage level has been lifted.

2. Linen/towel exchanges more frequently than once every three nights or for the entire stay, whichever is shorter, except for health and safety.

E. Stage 5. Mandatory Compliance—Severe Water Emergency. The intent of Stage 5 is to achieve an overall system-wide demand reduction of fifty percent. The city council may, by resolution, declare a “Drought Emergency Stage 5 (Mandatory Compliance—Severe Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system-wide demand reduction of fifty percent is necessary. During Stage 5, mandatory water rationing will occur on a property by property basis. Regardless of water consumption in the prior or other base year, the city council may set water allocation amounts based on minimum health and safety standards. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, 3 and 4, the following activities shall be prohibited:

1. The use of water outside of a home or business except as expressly provided for by resolution of the city council.

2. Use of water in excess of the allocation to a property. (Ord. 2015-07 § 2, 2015) F. Stage 6. Mandatory Compliance—Catastrophic Interruption of Water Supplies. The intent of Stage 6 is to achieve an overall system-wide demand reduction of greater than fifty percent. The city council may, by resolution, declare a “Drought Emergency Stage 6 (Mandatory Compliance— Catastrophic Interruption of Water Supplies)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an 118
overall system-wide demand reduction of greater than fifty percent is necessary. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, 3, 4, and 5, the following activities shall be prohibited:

1. Non-essential water use. Water use is restricted to essential water uses only.

13.14.080 Mandatory conservation phase implementation.

After the city council, by resolution, declares a Stage 1, 2, 3, 4, 5 or 6 Drought Emergency, the manager shall order that the appropriate stage of water conservation be implemented in accordance with the applicable provisions of this chapter. Said order shall be made by public announcement; shall be published a minimum of one time in a daily newspaper of general circulation. The city council shall receive a report at least monthly, noticed on a city council agenda, regarding the city’s water supply situation as long as the drought conditions remain in effect. (Ord. 2015-07 § 2, 2015)

13.14.090 Duration of conservation stages.

Mandatory stages shall be effective upon the effective date of the ordinance codified in this chapter and may be implemented as authorized by city council resolution. Current conservation stages as authorized by city council will be modified at such time that conditions indicate a more or less restrictive stage is necessary. (Ord. 2015-07 § 2, 2015)

13.14.100 Drought surcharge.

Customers will receive prior notification of the standard allotment basis, applicable rates, and the opportunity to request exceptions to the standard allotment basis.

Water use beyond the maximum allowed for each water conservation stage shall be subject to a drought surcharge pursuant to the schedule set forth below. The customer of record may request an increase in this basic allotment as set forth in Section 13.14.110 hereof. Application forms and instructions will be available at the American Canyon City Hall.

In addition to the general water service rates, each customer shall pay, during each billing period, a drought surcharge for water delivered in excess of the basic allotment. The surcharge is as follows:

A. Up to 10% in excess of allotment = 1.0 times the applicable volume charge.

B. 10.01% to 20% in excess of allotment = 2.0 times the applicable volume charge.

C. Over 20% in excess of allotment = 3.0 times the applicable volume charge.

Customers whose water usage falls in Tier 1 of the rate schedule are assumed to have maximized their conservation effort and will not be subject to a drought surcharge if their water consumption is not further reduced.

In addition to the drought surcharge, if drought usage exceeds the allowed allotment, a warning will be issued and enforcement actions may be taken as described in Section 13.14.120. (Ord. 2015-07 § 2, 2015)

13.14.110 Exceptions and application procedures for exceptions.

All water use associated with the operation and maintenance of fire suppression equipment or employed by the city for water quality flushing and sanitation purposes shall be exempt from the 119
provisions of this chapter. Use of water supplied by a private well or from a rain water utilization system is also exempt.

Any customer of the city may make written application for an exception to uses and activities prohibited by this chapter. Said application shall describe in detail why applicant believes an exception is justified.

A. The manager may grant exceptions for use of water otherwise prohibited or required by this section upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or, cause an unnecessary and undue hardship on applicant or the public, including, but not limited to, adverse economic impacts, such as loss of production or jobs.

B. In the event of an appeal of a drought surcharge, customers who can clearly demonstrate that they have taken steps to reduce their water consumption (by installing water efficient appliances, drip irrigation, drought tolerant landscaping, etc.) shall be considered favorably in granting waivers.

C. No increase in the basic water allotment shall be granted unless the customer has installed all water-saving devices which are feasible. Water saving devices include: (1) ultra-low flush toilets utilizing 1.6 gallons per flush or less; (2) low-flow shower heads; (3) low-flow faucet restrictors utilizing two gallons per minute or less; (4) drip irrigation systems.

D. The decision of the manager may be appealed to the city council by submitting a written appeal to the city clerk within fifteen calendar days of the date of the decision. Upon granting any appeal, the city council may impose any conditions it determines to be just and proper.

Exceptions granted by the city council shall be prepared in writing and the city council may require the exception be recorded at applicant’s expense. (Ord. 2015-07 § 2, 2015)

13.14.120 Violation—Enforcement.

The violation of each provision of this chapter, and each separate violation thereof, shall be deemed a separate offense, and shall be enforced accordingly.

A. Any customer that violates any provision of this chapter shall, in addition to the imposition of the drought surcharge rates of Section 13.14.100 hereof, receive a personal contact by the city at the address of the water service. If personal contact is unsuccessful, written notice of the violation, including a date that the violation is to be corrected, may be left on the premises, with a copy of the notice sent by certified mail to the customer.

B. If after issuance of the written warning, the manager determines that the customer has continued or is continuing to violate the provisions of this chapter, the manager may authorize and implement installation of a flow restricting device on the service line or reduce the amount of water available to the customer. Any costs incurred by the city to authorize and implement the flow restricting device or reduce the amount of water available to the customer shall be borne by the customer. The flow restricting device shall be removed and the prior water supply amount resumed no sooner than sixty days after the date of the installation of the flow restricting device or a reduction in water available, provided that no further violations have occurred within that time.
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C. If after implementation of a flow restricting device or reduction of water available to a customer, the customer continues to violate the provisions of the chapter, the city may disconnect the service to the customer for a period of three days. All costs or expenses incurred by the city for enforcement of this section shall be borne by the customer.

D. The unauthorized use of water following a disconnection of service pursuant to subsection C above, or any other unauthorized use of water from a fire hydrant or other use bypassing an installed meter, shall be subject to an automatic fine of two thousand five hundred dollars for the first offense and five thousand dollars for the second offense. (Ord. 2015-07 § 2, 2015)

13.14.130 Violation—Penalties.

In addition to all other remedies provided herein, any person who violates any provision of this chapter after having received a written notice to refrain as provided in Section 13.14.120, is guilty of an infraction. The violation of each provision of this chapter and each separate violation thereof shall be deemed a separate offense and shall be punishable pursuant to Chapter 1.24. (Ord. 2015-07 § 2, 2015)

13.14.140 Violation—Additional remedy.

13.14.010 Title.

13.14.020 Purpose and intent.

In the event any provision of this chapter conflicts or overlaps with any mandatory state regulation related to water conservation, the most stringent shall apply. (Ord. 2015‐07 § 2, 2015)

13.14.030 Definitions.

The terms used in this chapter shall have the following meanings:
“City” means the city of American Canyon acting by and through the city of American Canyon public works department as operator of the city of American Canyon water and recycled water systems. “Customer” means any person, firm, partnership, association, corporation, company, organization, property, or governmental entity, whether within or outside the geographic boundaries of the city of American Canyon, who uses water supplied by the city.
“Essential water use” means water necessary for human consumption, sanitation, and fire protection.

All other uses of water that are not specifically required to meet these needs shall be considered non‐ essential.
“GPD” means gallons per day.
“Low‐flow toilet” means a toilet that uses no more than 1.6 gallons of water per flush or less. “Manager” is the city manager of the city of American Canyon. “Nonresidential uses” means all other uses not classified as residential pursuant to ACMC 19.05.040. “Ornamental (or decorative)” means a water feature where artificially supplied open water performs solely an aesthetic function. Ornamental (or decorative) water features do not include recreational water features, such as swimming pools and spas.
“Maintenance and Utilities Director” is the public works department head of the city of American Canyon.

Deleted: Public works director
122
“Recycled water” means water treated in accordance with Title 22, Section 60301 et seq., of the California Code of Regulations and suitable for reuse under the circumstances outlined. “Residential uses” means all those uses classified as residential pursuant to ACMC 19.05.040. “Turf” means a species of grass that was developed to be used as a lawn together with the surface layer of earth held together by its roots.
“Water” means potable water. (Ord. 2015‐07 § 2, 2015)

13.14.040 Authorization.

13.14.050 Application.

The provisions of this chapter shall apply to all persons, customers and properties served by the city including expressly those outside the geographic boundaries of the city of American Canyon. (Ord. 2015‐ 07 § 2, 2015)

13.14.060 Water waste prohibitions.

The following uses of water are defined as “waste of water” and are absolutely prohibited:

A. Failing to repair a leak and/or otherwise permit the escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of seventy‐two hours after the customer discovers such a break or leak or receives notice from the city, is a reasonable time within which to correct such a break or leak or, at a minimum, to stop the flow of water from such break or leak.

B. Use water to irrigate grass, lawns, groundcover, shrubbery, crops, trees or other vegetation or in such a manner as to result in runoff to any gutter, ditch, drain or impermeable surface. Every customer is deemed to have his or her water system under control at all times, to know the manner and extent of his or her water use and any run‐off, and to employ available alternatives to apply irrigation water in an efficient manner.

C. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not equipped with a shutoff nozzle.

D. Water for non‐recycling decorative water fountains.

E. Water for single‐pass evaporative cooling systems for air conditioning in all connections installed after the effective date of the ordinance codified in this chapter, unless required for health or safety reasons.

F. Water for non‐recirculating conveyor car wash systems, industrial clothes wash systems, and/or other commercial purposes for which recirculated or recycled water can safely and effectively serve the same purpose.
123
G. Water for the irrigation of turf for nonresidential uses.

H. Water for the flushing of toilets for nonresidential uses with the exception of water for flushing low‐flow toilets and/or as provided by Section 13.14.110.

J. Withdrawal of water from fire hydrants within the service area of the city, except for purposes of fire‐fighting, water system maintenance, and other uses as permitted by the city.

M. The irrigation with water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with Chapter 16.14.

N. Use of water that is inconsistent with state or federal regulations. (Ord. 2015‐07 § 2, 2015)

13.14.065 Recycled water service required.

Deleted: public works director
124
Failure of a water customer to accept service of recycled water when it is made available, where use of potable water would otherwise be deemed a waste or unreasonable use of water, may be grounds for termination of the customer’s potable water service.

Failure of a recycled water customer to comply with the city’s conditions for recycled water use shall be deemed a violation and shall be subject to enforcement as outlined in Section 13.14.120.

Water customers may appeal the city’s determination that recycled water of suitable quality is available as outlined in Section 13.14.110. (Ord. 2015‐07 § 2, 2015)

13.14.070 Water conservation stages.

The intent of this section is to provide for the escalation of customer demand management strategies that may be necessary due to an emergency caused by drought and/or water supply shortages. There are six stages of strategies, each of which builds upon its predecessor stage and are to be implemented as the severity of conditions increase. Stage 6 can be implemented at any time due to catastrophic events and conditions, either natural or unnatural, including flooding, major fire emergencies, earthquakes, regional power outages, water contamination, and emergencies other than water shortage. No customer of the city shall make, cause, use, or permit the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this chapter, or in an amount in excess of what is permitted in accordance with the provisions of this chapter. The reductions shall be based upon the amount of water used during that base period defined as the amount of water used on a customer’s property during the corresponding monthly billing period in the previous year, or other year as may be designated by the city council. New services or services without a base year billing history shall be allotted on comparable customer usage.

A. Stage 1. Voluntary Conservation. The intent of Stage 1 is to achieve an overall system‐wide demand reduction of ten percent. The city council may by resolution declare a “Drought Emergency Stage 1 (Voluntary Conservation)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐wide reduction of ten percent is necessary. During Stage 1, all water customers of the city shall be requested to implement the following best practices:

1. Apply irrigation water only during the evening and early morning hours to reduce evaporation losses.

2. Utilize water conservation incentive, rebate and giveaway programs to replace water guzzling plumbing fixtures and appliances with water efficient models.

3. Utilize city information regarding using water efficiently, reading water meters, repairing ordinary leaks, and water efficient landscape.

4. Wash automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment during the evening and early morning hours to reduce evaporation losses. Such washing shall be done with a hand‐held bucket, or hand‐held hose equipped with a positive shutoff nozzle used for quick rinses.

5. Reduce monthly demand by ten percent when compared to the same time period in the established base year.

Deleted: four
Deleted: public works director
125
B. Stage 2. Mandatory Compliance—Water Alert. The intent of Stage 2 is to achieve an overall system‐wide demand reduction of twenty percent. The city council may by resolution declare a “Drought Emergency Stage 2 (Mandatory Compliance—Water Alert)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐wide reduction of twenty percent is necessary. In addition to the mandatory twenty percent reduction for each water customer, and in addition to the requirements in Stage 1, the following activities shall be prohibited:

2. The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment except as expressly allowed by the adoption of a resolution by city council.

3. The washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas except as expressly allowed by the adoption of a resolution by city council.

4. The irrigation of turf on street medians with water.

5. The use of water to fill a new or existing swimming pool, spa, pond, or similar recreational basin of water.

6. The operation of any ornamental fountain or other structure making similar or otherwise ornamental use of water outside.

C. Stage 3. Mandatory Compliance—Water Emergency. The intent of Stage 3 is to achieve an overall system‐wide demand reduction of thirty percent. The city council may, by resolution, declare a “Drought Emergency Stage 3 (Mandatory Compliance—Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐wide demand reduction of thirty percent is necessary. In addition to a mandatory reduction of thirty percent for each water customer, and in addition to the requirements in Stages 1 and 2, the following activities shall be prohibited:

1. Planting any new landscaping, except for native, drought tolerant species as defined by Chapter

16.22. D. Stage 4. Mandatory Compliance—Critical Water Emergency. The intent of Stage 4 is to achieve an overall system‐wide demand reduction of forty percent. The city council may, by resolution, declare a “Drought Emergency Stage 4 (Mandatory Compliance—Critical Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐wide demand reduction of forty percent is necessary. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, and 3, the following activities shall be prohibited:

Deleted: public works director
Deleted: is
Deleted: public works director
Deleted: E
126

2. Linen/towel exchanges more frequently than once every three nights or for the entire stay, whichever is shorter, except for health and safety.

E. Stage 5. Mandatory Compliance—Severe Water Emergency. The intent of Stage 5 is to achieve an overall system‐wide demand reduction of fifty percent. The city council may, by resolution, declare a “Drought Emergency Stage 5 (Mandatory Compliance—Severe Water Emergency)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐wide demand reduction of fifty percent is necessary. During Stage 5, mandatory water rationing will occur on a property by property basis.

Regardless of water consumption in the prior or other base year, the city council may set water allocation amounts based on minimum health and safety standards. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, 3 and 4, the following activities shall be prohibited:

1. The use of water outside of a home or business except as expressly provided for by resolution of the city council.

2. Use of water in excess of the allocation to a property. (Ord. 2015‐07 § 2, 2015) F. Stage 6. Mandatory Compliance—Catastrophic Interruption of Water Supplies. The intent of Stage 6 is to achieve an overall system‐wide demand reduction of greater than fifty percent. The city council may, by resolution, declare a “Drought Emergency Stage 6 (Mandatory Compliance— Catastrophic Interruption of Water Supplies)” upon recommendation by the manager and based on water supply and delivery projections by the Maintenance and Utilities Director, that an overall system‐ wide demand reduction of greater than fifty percent is necessary. In addition to the mandatory conservation goals for each water customer, and in addition to the requirements in Stages 1, 2, 3, 4, and 5, the following activities shall be prohibited:

1. Non‐essential water use. Water use is restricted to essential water uses only.

13.14.080 Mandatory conservation phase implementation.

13.14.090 Duration of conservation stages.

13.14.100 Drought surcharge.

Deleted: D
Deleted: 4
Deleted: 4
Deleted: 4
Deleted: public works director
Deleted: 4
Deleted: 3
Deleted:

Deleted: 4
127
Customers will receive prior notification of the standard allotment basis, applicable rates, and the opportunity to request exceptions to the standard allotment basis.

A. Up to 10% in excess of allotment = 1.0 times the applicable volume charge.

B. 10.01% to 20% in excess of allotment = 2.0 times the applicable volume charge.

C. Over 20% in excess of allotment = 3.0 times the applicable volume charge.

13.14.110 Exceptions and application procedures for exceptions.

All water use associated with the operation and maintenance of fire suppression equipment or employed by the city for water quality flushing and sanitation purposes shall be exempt from the provisions of this chapter. Use of water supplied by a private well or from a rain water utilization system is also exempt.

C. No increase in the basic water allotment shall be granted unless the customer has installed all water‐saving devices which are feasible. Water saving devices include: (1) ultra‐low flush toilets utilizing

1.6 gallons per flush or less; (2) low‐flow shower heads; (3) low‐flow faucet restrictors utilizing two gallons per minute or less; (4) drip irrigation systems. 128
D. The decision of the manager may be appealed to the city council by submitting a written appeal to the city clerk within fifteen calendar days of the date of the decision. Upon granting any appeal, the city council may impose any conditions it determines to be just and proper. Exceptions granted by the city council shall be prepared in writing and the city council may require the exception be recorded at applicant’s expense. (Ord. 2015‐07 § 2, 2015)

13.14.120 Violation—Enforcement.

The violation of each provision of this chapter, and each separate violation thereof, shall be deemed a separate offense, and shall be enforced accordingly.

C. If after implementation of a flow restricting device or reduction of water available to a customer, the customer continues to violate the provisions of the chapter, the city may disconnect the service to the customer for a period of three days. All costs or expenses incurred by the city for enforcement of this section shall be borne by the customer.

13.14.130 Violation—Penalties.

13.14.140 Violation—Additional remedy.

As an additional remedy, the violation of any provision of this chapter by any person who has received more than one written warning pursuant to Section 13.14.120 to refrain from the same or any other violation under this chapter in one calendar year shall be deemed and is declared to be, a public 129
nuisance and may be subject to abatement in accordance with Chapter 8.04 of the city of American Canyon Municipal Code. (Ord. 2015‐07 § 2, 2015)
130
CITY OF AMERICAN CANYON | 2020 URBAN WATER MANGEMENT PLAN Shortage
Level
Percent
Shortage Range
Shortage Response Actions
(Narrative description)
1 Up to 10% Voluntary Conservation
2 Up to 20% Water Alert
3 Up to 30% Water Emergency
4 Up to 40% Critical Water Emergency
5 Up to 50% Severe Water Emergency
6 >50% Catastrophic Interruption of Water Supplies (1)
NOTES: (1) Major catastrophe or contamination of the water supply including flooding, major fire emergencies, earthquakes, regional power outages, water contamination, and emergencies other than water shortage.

Submittal Table 8-1
Water Shortage Contingency Plan Levels
131

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

PUBLIC HEARING
ITEM NUMBER: 12.

TITLE
106 Wilson Way - Special Assessment Lien

RECOMMENDATION
Adopt a Resolu,on of the City Council of the City of American Canyon c onfirming the report of proceedings and accoun,ng for the costs incurred in aba,ng the public nuisance located at 106 Wilson Way and notice of ordering the imposition of a Special Assessment Lein.

CONTACT
William D. Ross, City Attorney

BACKGROUND & ANALYSIS
On or about April 9, 2021, a fire par,ally burned the single-family residence located at 106 Wilson Way, in American Canyon, CA, 94503 (the “Property”). During their response firefighters observed excessive amounts of trash and debris in and around the house making it a greater fire hazard as well as more difficult to ex,nguish the fire. City Staff had received mul,ple complaints prior to the fire regarding the condi,on of the Property. City Staff issued mul,ple no,ces of viola,on for numerous health and nuisance violations.

In October 2021 and February 2022, the property, by and through Property Owner’s insurance carrier, was par,ally abated by a private contractor. Since February 2022 health and nuisance viola,ons con,nued and worsened on the Property. Due to the con,nuing and progressively more severe viola,ons, on July 28, 2022, the City AEorney filed an Ex-Parte Applica,on for Inspec,on Warrant and Abatement Order with the Napa County Superior Court. Finding cause to issue, the Court granted and issued the Inspec,on Warrant and Abatement Order on July 29, 2022. City Staff began the process of inspec,ng the property and preparing the abate the public nuisance on the Property. An independent contractor was hired to perform the hazardous abatement of both the property and the abandoned, wrecked, or inoperable vehicles. Due to the extent of the public nuisance the work was not completed until September 27, 2022. 132
Chapter 9.04 et seq. and 10.36 et seq. of the American Canyon Municipal Code outlines the process for City-led abatement of property and vehicles. The Code requires an itemized report by the City Manager to be filed with the City Council. Following the filing of the report and confirma,on by Council, the City Clerk will deliver the Resolu,ons by cer,fied mail to the Napa County Recorder’s Office to establish special assessment liens for the cost of the abatement. The total cost of aba,ng both the property and the vehicles through September 30, 2022, was $181,016.50.

On November 2, 2022, the City Manager delegated the responsibility of draIing the itemized Report to the City Attorney.

By adop,ng the Resolu,on (AEachment 1) the City Council will authorize the City Clerk to process the filing of the Resolu,on to allow for a special assessment to be placed on the 106 Wilson Way property tax rolls for monies owed to the City for abatement.

The Resolu,on accounts for costs incurred by the City through September 31, 2022. Addi,onal costs will be presented to the City Council for considera,on at future City Council mee,ngs. The City Manager’s Report contains an itemized accoun,ng of expenses incurred through September 30, 2022 (AEachments 2 and 7). The invoices reflec,ng the line items for the expenses incurred are attached as Exhibits 3-10.

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

FISCAL IMPACT
The City has been billed for expenses incurred for this abatement. Current bills include City AEorney fees, abatement contractor costs, and staff ,me costs through September 30, 2022. If the special assessment lien is confirmed by Council, the amount of $181,016.50 can be a lien against the Property and eventually recovered and remitted to the City General Fund.

ENVIRONMENTAL REVIEW
Not a Project under CEQA Guidelines Section 15378.

ATTACHMENTS:

1. Resolution - 106 Wilson Way

2. Itemized Accounting for Property Abatement
133

3. CVE Invoice for Property Abatement

4. Delta One Security Invoice

5. Law Offices of William D. Ross Invoices

6. Personnel Costs Documentation

7. Itemized Accounting for Vehicle Abatement

8. CVE Invoice for Vehicle Abatement

9. Before-During Abatement Photographs

10. CVE Completion Report
134
RESOLUTION NO. 2022-

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

CONFIRMING THE REPORT OF PROCEEDINGS AND ACCOUNTING FOR THE COSTS INCURRED IN ABATING THE PUBLIC NUISANCE LOCATED AT 106 WILSON WAY AND NOTICE OF ORDERING THE

IMPOSITION OF A SPECIAL ASSESSMENT LIEN
WHEREAS, the City has taken actions to abate a public nuisance located on the property described as 106 Wilson Way, American Canyon, California; and
WHEREAS, said property is listed as Assessor's Parcel No. 058-370-002 (the “Property”); and WHEREAS, the Code Enforcement Officer has issued violation notices in accordance with Chapter 9.04 et seq. and 10.36 et seq. of the American Canyon Municipal Code for nuisance; and, WHEREAS, pursuant to the referenced provisions of the Code, the City abated the public nuisance located on the Property by a Court Order.

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

SECTION 1. Approves the reports of Proceedings and Accounting of the cost in the total amount of $181,016.50.

SECTION 2. That a special assessment lien in the amount of $181,016.50 is hereby imposed upon the property described herein.

SECTION 3. That the City Clerk, or other designee, shall file a certified copy of this Resolution and the Property Reports with the Napa County Recorder’s office.

SECTION 4. That the County Recorder is respectfully requested to record the notice of special assessment lien in the amount of $181,016.50 against 106 Wilson Way.

SECTION 5. That after recordation, the City Clerk shall cause a certified copy of the city council’s decision confirming the abatement costs to be filed with the Napa County auditor-controller. The auditorcontroller is respectfully requested to add $181,016.50 to the next regular tax bill levied against for 106 Wilson Way on the County Tax Roll opposite the parcel of land referred to, and that thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes. 135
2 PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 15th day of November, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 136

PROCEEDINGS AND ACCOUNTING REPORT

PUBLIC NUISANCE PROPERTY ABATEMENT
I. LOCATION/LEGAL:

Assessor’s Parcel Number: 058-370-002
Address: 106 Wilson Way
II. OWNER OF RECORD: Lee Schmidt
III. PROCEDURE:
a. Notice of Violation:
b. Non-Compliance:
c. Notice of Violation:
d. Non-Compliance:
e. Notice of Violation:
f. Non-Compliance:
g. Ex-Parte Application filed:
h. Inspection Warrant/Abatement Order Issued:
i. Ex-Parte Renewal Application filed:
j. Inspection Warrant/Abatement Order Issued:
k. Ex-Parte Extension Application filed:
l. Inspection Warrant/Abatement Order Issued:
m. Ex-Parte Extension Application filed:
n. Inspection Warrant/Abatement Order Issued:
o. Abatement Work Completion:
7/1/2021
7/22/2021
9/21/2021
10/5/2021
2/2/2022
2/7/2022
7/28/2022
7/29/2022
8/15/2022
8/17/2022
9/1/2022
9/2/2022
9/16/2022
9/16/2022
9/27/2022
IV. ACCOUNTING (through September 30, 2022):

Property Abatement $109,630.00
Security $21,937.50
Attorneys Fees $ 8,605.00 (July)
$19,966.25 (Aug)
$19,011.25 (Sept)
Personnel Costs $ 1,866.52 (Tiffany Ford)
Total $ 181,016.52
William D. Ross, City Attorney
ATTACHMENT 2
137
Remit payments online, or by mail
Accounts Receivable By Mail: Online: www.cvecorp.com/paymentsNB Phone: (559) 222-1122 Central Valley Environmental
Fax: (559) 222-1174 Attn: Accounts Receivable – NB
[email protected] 4263 N. Selland Ave.

Fresno, CA 93722
*A late fee of 1.5% will be added to the balance for every 30 days that the invoice remains unpaid* Invoice
INVOICE #: 1429
DATE: 09/21/2022
DUE DATE: 10/01/2022
TERMS: NET 10
BILL TO:

LEE SCHMIDT
4381 BROADWAY ST.

SUITE 201

Fresno, CA 93722
*A late fee of 1.5% will be added to the balance for every 30 days that the invoice remains unpaid* Invoice
INVOICE #: 1458
DATE: 09/22/2022
DUE DATE: 10/02/2022
TERMS: NET 10
BILL TO:

LEE SCHMIDT
4381 BROADWAY ST.

SUITE 201

AMERICAN CANYON, CA
PROJECT # PROJ. MANAGER JOBSITE ADDRESS P.O. # CLAIM #
30220345 JESUS VILLAREAL 106 WILSON WAY, AMERICAN CANYON, CA

DESCRIPTION ITEM PRICE
% COMPLETE
(THIS PERIOD)
% COMPLETE
(TOTAL)

RETAINAGE AMOUNT DUE
CO #1 $18,209.00 100.00% 100.00% $0.00 $18,209.00
TOTAL $18,209.00
PAYMENTS/CREDITS $0.00
BALANCE DUE $18,209.00
Thank you for allowing CVE to be part of your project!
139
Invoice
Date 10/6/2022
Invoice # 5416
Bill To
City of American Canyon
4381 Broadway St. Ste 201
American Canyon, CA 94503
D e lta O n e Se cu rity, In c.

P.O. Box 2849
Suisun City, CA 94585
P.O. #
Terms Net 15 Due Date 10/21/2022
Phone # 707-425-9346
Fax # 707-425-8846
[email protected]
Account Balance Due
Payments/Credits
Current Invoice
Please make checks payable to: Delta One Security, Inc.

Description Qty Rate Amount
September Invoice
Site Location: 106 Wilson Way American Canyon, CA 94503 1 Unarmed Security Officer w/ marked patrol vehicle 9/6/2022 from 0800-1600 and 1 from 1600-2400
16 45.00 720.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/7/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/8/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/9/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/10/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/11/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/12/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/13/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/14/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/15/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/16/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/17/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00

Page 1 ends

ATTACHMENT 4
140
Invoice
Date 10/6/2022
Invoice # 5416
Bill To
City of American Canyon
4381 Broadway St. Ste 201
American Canyon, CA 94503
D e lta O n e Se cu rity, In c.

Description Qty Rate Amount
1 Unarmed Security Officer w/ marked patrol vehicle 9/18/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/19/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/20/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/21/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/22/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/23/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/24/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/25/2022 from 2400-0800, 1 from 0800-1600 and 1 from 1600-2400
24 45.00 1,080.00
1 Unarmed Security Officer w/ marked patrol vehicle 9/26/2022 from 2400-0800 and 1 from 0800-1530

15.5 45.00 697.50

Page 2 ends

$21,937.50
$0.00
$21,937.50
141
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Payable To:
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10597
Date: 08/17/2022
Invoice Number Total
10597 $8,605.00
Subtotal $8,605.00
Tax $0.00
Amount Due $0.00

Page 1 of 5 ends

ATTACHMENT 5
142
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10597
Date: 08/17/2022
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
199/6.92 106 Wilson Way
Date Attorney Notes Quantity Rate Total
07/06/2022 CB Review and revise Inspection/Abatement Warrant; legal research re Municipal and Civil Code procedures;
confer with Mr. Hostetter re same; email to Mr. Ross re same

1.50 $120.00 $180.00
07/06/2022 KH Confer with Mr. Ross re status of Inspection Warrant at 106 Wilson Way; confer with Ms. Bellardo re same;
review and reform revisions

0.50 $250.00 $125.00
07/08/2022 CB Review and revise Ms. Ford Declaration; research re Municipal Code Section 9.04 et seq. and Code of Civil
Procedure 1822.50 et seq. and 731; confer with Mr.

Hostetter multiple times

2.00 $120.00 $240.00
07/08/2022 KH Confer with Mr. Ross re finalizing 106 Wilson Way Affidavit with respect to new facts; analyze and reform Ms. Ford Affidavit re same; confer with Ms. Bellardo re outstanding steps to finalize Warrant; transmit Ford
Affidavit to Ms. Ford; review and analyze response
communication by Ms. Ford re same

1.00 $250.00 $250.00
07/09/2022 CB Review and revise documents for 106 Wilson Way Inspection Warrant and Abatement Order, including Ms.

Ford’s revised Affidavit, Ex Parte Application, Proposed Order, and Memorandum of Points and Authorities

1.50 $120.00 $180.00
07/10/2022 KH Brief review and approval of proposed peer review changes to Ford Affidavit proposed by Ms. Bellardo

0.25 $250.00 $62.50
07/11/2022 CB Review and revise 106 Wilson Way documents 0.50 $120.00 $60.00 07/11/2022 KH Confer with Ms. Bellardo re finalization of 106 Wilson Way and remaining changes to the Inspection Warrant

0.25 $250.00 $62.50
07/12/2022 CB Review and revise 106 Wilson Way Inspection Warrant and Abatement Order documents; confer with Mr.

Hostetter multiple times re same

3.00 $120.00 $360.00
07/12/2022 KH Confirm schedule for Ex Parte Hearings to hear 0.25 $250.00 $62.50

Page 2 of 5 ends

143
Inspection Warrant in 106 Wilson Way matter
07/13/2022 CB Contact Court re 106 Wilson Way Inspection Warrant Hearing date/time; review and revise Points and
Authorities; research re Abatement Warrant/Order;
confer with Mr. Hostetter multiple times re same

2.50 $120.00 $300.00
07/13/2022 KH Review and reform Memorandum of Points and Authorities re 106 Wilson Way in preparation for filing Ex Parte Application re same; confer with Mr. Ross and
Ms. Bellardo re same

0.75 $250.00 $187.50
07/14/2022 KH Continue review and reform 106 Wilson Way re Points and Authorities in preparation for finalizing same

0.75 $250.00 $187.50
07/15/2022 KH Review and reform Ex Parte Application for Inspection Warrant; confer with Ms. Bellardo re conformity to
supporting documents in preparation for filing same

0.75 $250.00 $187.50
07/20/2022 KH Further revision of Memorandum of Points and Authorities for consistency with Ex Parte Application
and Mr. Ross Declaration; confer with Ms. Ford re
revising of Affidavit

0.50 $250.00 $125.00
07/21/2022 KH Review email from Ms. Ford re status of 106 Wilson Way Warrant Application; confer with Ms. Ford re
same; review revisions to same by Ms. Bellardo; revise
Ford Affidavit to support revised provisions in 106
Wilson Way Points and Authorities to support
abatement and remove outdated violations and include
newer violations

1.00 $250.00 $250.00
07/22/2022 CB Confer with Mr. Ross, Mr. Hostetter and Mr. Schwarz re 106 Wilson Way; continue revision of 106 Wilson Way
documentation (.50)

0.50 $120.00 $60.00
07/22/2022 WR Confer with Mr. Schwarz and Mr. Hostetter re 106 Wilson Way

0.50 $375.00 $187.50
07/22/2022 KH Confer with Ms. Ford re finalizing her Affidavit in support of Inspection Warrant; revise and reform same
per Ms. Ford; revise Points and Authorities consistent
with same; confer with Mr. Schwarz re same

1.50 $250.00 $375.00
07/23/2022 CB Review 106 Wilson Way documentation and gather exhibits for filing

1.50 $120.00 $180.00
07/25/2022 CB Finalize 106 Wilson Way Inspection Warrant and Abatement Order documents; confer with Mr. Ross and
Mr. Hostetter multiple times re same; email with Ms.

Ford re same; research Mr. Schmidt contact
information; review Court docket multiple times after
Hearing for executed Warrant

4.75 $120.00 $570.00
07/25/2022 WR Confer with Ms. Tiffany Ford, Mr. Hostetter and Mr.

Schmidt re Inspection Warrant and timing for access of
property in association with Inspection Warrant

1.25 $375.00 $468.75

Page 3 of 5 ends

144
07/25/2022 KH Confer with Mr. Ross and Ms. Bellardo re finalizing 106 Wilson Way Warrant Application packet, review, reform
and revise all documents for filing; review for
consistency and proper pleading form; confer with Ms.

Bellardo re ensuring proper filing of same

3.25 $250.00 $812.50
07/25/2022 RK Calendar Ex Parte Hearing for 106 Wilson Way (.25); help with compiling exhibits for Ex Parte documents;
confer with Ms. Bellardo re same (.75)

1.00 $120.00 $120.00
07/26/2022 CB Finalize 106 Wilson Way Inspection Warrant and Abatement Order documents; confer with Mr. Ross and
Mr. Hostetter multiple times re same; email with Ms.

Ford re same; contact Clerk re filings; file Inspection Warrant/Abatement Order; request personal service of
documentation by Ms. Ford; draft Proof of Service;
begin APS research

4.50 $120.00 $540.00
07/26/2022 KH Oversee final review and filing of Application for Ex Parte Warrant for 106 Wilson Way; confer with Mr.

Ross and Ms. Bellardo re filing regulations; direct
personal service of documents to Mr. Schmidt; direct
Proof of Service by Ms. Ford of same

1.50 $250.00 $375.00
07/28/2022 CB Contact Clerk and Court re rejected 106 Wilson Way filing; confer with Mr. Hostetter re same; refile
pleadings; email to Mr. Ross and Mr. Hostetter re same

0.75 $120.00 $90.00
07/28/2022 CB Draft, revise, and review Inspection Warrant; research re same; confer with Mr. Ross and Mr. Hostetter re
same; preparation of physical filing for Court

3.25 $120.00 $390.00
07/28/2022 WR Review and revise Application for Inspection Warrant for 106 Wilson Way after conferring with Ms. Bellardo

1.00 $375.00 $375.00
07/29/2022 CB Confer with Mr. Ross multiple times re Ex Parte Hearing; prepare documentation for Court; efile
Warrant/Order; attempt to locate a Court reporter

1.75 $120.00 $210.00
07/29/2022 WR Preparation for and attendance at Ex Parte Hearing re Inspection Warrant for 106 Wilson Way (2.00); confer
with Ms. Ford re same (.25); return to Court to obtain
Executed Order re same .(25); confer with Mr. Holley re same (.25)

2.75 $375.00 $1,031.25
Quantity Subtotal 46.75
Quantity Total 46.75
Subtotal $8,605.00
Total $8,605.00
Payment (10/04/2022) -$8,605.00
Balance Owing $0.00

Page 4 of 5 ends

145
Detailed Statement of Account
Other Invoices
Invoice Number Due On Amount Due Payments Received Balance Due 10707 10/13/2022 $19,011.25 $0.00 $19,011.25
Current Invoice
Invoice Number Due On Amount Due Payments Received Balance Due 10597 08/17/2022 $8,605.00 $8,605.00 $0.00
Outstanding Balance $19,011.25
Total Amount Outstanding $19,011.25
Please make all amounts payable to: Law Offices of William D. Ross Payment is due upon receipt.

Page 5 of 5 ends

146
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Payable To:
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10656
Date: 09/13/2022
Invoice Number Total
10656 $19,966.25
Subtotal $19,966.25
Tax $0.00
Amount Due $0.00

Page 1 of 10 ends

147
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10656
Date: 09/13/2022
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
199/6.92 106 Wilson Way
Services
Date Attorney Notes Quantity Rate Total
08/01/2022 WR Transmit Inspection Warrant for review by Staff 0.50 $375.00 $187.50 08/01/2022 KH Review status re executed Inspection Warrant for City's immediate use in proceeding with inspection/abatement

0.25 $250.00 $62.50
08/02/2022 RK Review and analysis of Doodle Poll for meeting re 106 Wilson Way; reply to same; confer with Mr. Ross re
confirmation of availability; email and confer with Ms.

Flathers re same; update the calendar with information
for City Council Meeting; confer with Mr. Ross re same

0.50 $120.00 $60.00
08/02/2022 WR Review conditions of property 0.50 $375.00 $187.50 08/03/2022 CB Confer with HHS Department re Mr. Lee Schmidt; research follow up after conference; confer with Mr.

Ross and Mr. Hostetter re same

1.00 $120.00 $120.00
08/03/2022 KH Confer with Ms. Bellardo re options from HHS for a conservatorship and continued enforcement of
Inspection Warrant in preparation for advice to client; analyze memorandum re options for conservatorship

0.50 $250.00 $125.00
08/03/2022 WR Confer with Ms. Ford re inspection of 106 Wilson Way and next steps (.50); confer with Mr. Hostetter re same (.50); confer with Chief Greenberg re same (.25);
meeting with Ms. Lan Nguyen re Development
Application (1.00)

2.25 $375.00 $843.75
08/04/2022 KH Confer with Mr. Ross re the potential of extension of Inspection Warrant in light of vehicles on property and the need for additional inspection and County's
program for assisted living; confer with Ms. Bellardo re obtaining new Declaration from Ms. Ford for renewal of
Inspection and Abatement Warrant

0.50 $250.00 $125.00
08/04/2022 WR Review and revise Declaration of Assistant Chief 1.75 $375.00 $656.25

Page 2 of 10 ends

148
Comisky with respect to continuing an enlarged
problem onsite for Fire Code compliance (1.00); confer
with Mr. Hostetter re same (.25); confer with Ms. Ford
re verification of quantification of abandoned vehicles on property (.50);
08/05/2022 KH Review email from Mr. Comisky re external inspection of property for Fire Code violations; confer with Mr.

Ross and Ms. Bellardo re integrating Declaration re
renewal of Inspection Warrant

0.50 $250.00 $125.00
08/07/2022 CB Draft Application, Affidavit, and Declaration re 106 Wilson Way Inspection Warrant extension; email same
to Mr. Hostetter

1.50 $120.00 $180.00
08/07/2022 KH Initial review of Comisky Affidavit for renewal of Inspection Warrant for further refinement

0.25 $250.00 $62.50
08/08/2022 CB Review and revise extension of deadline Application, Declaration, and Affidavit re 106 Wilson Way

0.75 $120.00 $90.00
08/08/2022 KH Review, analyze, and reform Affidavit for Extension/ Renewal of Inspection Warrant; confer with Mr. Ross
and Ms. Bellardo re same; analyze Fire Code for
potential additional violations

1.25 $250.00 $312.50
08/10/2022 CB Research re vehicle abatement; confer with Mr.

Hostetter multiple times; review and revise Affidavit to Renew Inspection Warrant; conference with Mr. Ross,
Mr. Schwarz, Mr. Hostetter re strategy; draft Notice of Intent to Abate and Remove Abandoned Vehicle; email
of same to Mr. Ross, Mr. Schwarz, Mr. Hostetter;
request Abatement quotes; confer with three (3)
abatement companies

3.50 $120.00 $420.00
08/10/2022 WR Participation in 106 Wilson Way follow-up meeting 0.50 $375.00 $187.50 08/10/2022 KH Confer with Ms. Bellardo re research re City procedures for abatement of vehicles; review and conduct own
research; strategy conference call with Ms. Bellardo
and Mr. Ross re abatement of vehicles; review and
reform Notice of Intent to Abate in preparation for
advice to client; additional strategy discussion re
additional abatement procedures; review potential
abatement companies and potential to use Police
Department to abate vehicles; confer with Mr. Ross re
same; reform Application for Renewal of Abatement
Warrant

2.50 $250.00 $625.00
08/10/2022 WR Instructions re cost for cleanup bid estimates (.25); confer with Mr. Hostetter re extension of Inspection
Warrant and needed supporting evidence (.25); confer
with Chief Greenberg re law enforcement jurisdiction for abandoned vehicles (.25)

0.75 $375.00 $281.25
08/11/2022 CB Research Vehicle Abatement Procedure, general and vehicle abatement cost recovery; draft, review, revise

5.50 $120.00 $660.00

Page 3 of 10 ends

149
and email on Vehicle Abatement Procedure and
recovery of abatement costs to Mr. Ross, Mr. Hostetter, and Mr. Schwarz; review and revise Warrant renewal
documents; confer with Mr. Hostetter multiple times
08/11/2022 RK Confer with Mr. Ross re obtaining Title Report for 106 Wilson Way, confer with Mr. Kevin Dornbush at First
American Title re obtaining Title Report for 106 Wilson Way, emails re same; order Title Report

1.25 $120.00 $150.00
08/11/2022 KH Review additional Abatement Procedures for expediting the abatement of 106 Wilson Way; review and analyze
research re City Vehicle Abatement Procedures; confer
with Ms. Bellardo re same; transmit same to Mr.

Cooper; confer with Mr. Cooper re effectuating posting
of vehicle notices on vehicles prior to Warrant expiring; confer with Mr. Ross re Title Report for 106 Wilson
Way; direct obtaining of Title Report re same

1.75 $250.00 $437.50
08/12/2022 CB Review and revise for Warrant renewal; confer with multiple abatement companies re availability and
quotes; coordinate site visit with Mr. Hostetter; confer with Mr. Ross and Mr. Hostetter multiple times; begin
drafting Nuisance Complaint; draft Remote Hearing
Notice; contact Clerk and Court for follow up; set up
Renewal Hearing

2.75 $120.00 $330.00
08/12/2022 KH Review and reform renewal of abatement proceedings documents; confer 2x with Mr. Cooper re abatement
companies' quotes and procedure when Ms. Ford is
gone; confer with Mr. Ross re same; review email from
Mr. Cooper re successful posting of notices on
vehicles; confirm mailing of notices as well; review and reform Affidavit of Comisky in support of renewal of
abatement; confer with Ms. Bellardo re same; review
email from Mr. Comisky re same; draft email to Mr.

Comisky re executed Affidavit; review and analyze
executed Affidavit in preparation of filing same; confirm procedures for Zoom appearance; confer same with
Ms. Bellardo

1.50 $250.00 $375.00
08/14/2022 CB Draft Nuisance Complaint 1.00 $120.00 $120.00 08/15/2022 CB Finalize all Warrant renewal documentation; confer with Mr. Ross and Mr. Hostetter multiple times; contact
Court to verify Judicial Officer; file all Warrant renewal documents with the Court; draft Declaration of NonNotice; confer with Mr. Hostetter re same file; file same with Court

5.00 $120.00 $600.00
08/15/2022 DS Review Title Report re 106 Wilson Way and confer with Mr. Ross re strategy for nuisance abatement and Court
Order re same

0.25 $250.00 $62.50
08/15/2022 KH Draft Closed Session memorandum re status of 106 Wilson Way; confer with Mr. Ross re same; reform per
Mr. Ross; direct and review research re law

3.00 $250.00 $750.00

Page 4 of 10 ends

150
differentiating renewal and extension of Warrant; confer with Ms. Bellardo re same; review, analyze, and reform
Application and supporting documents for Ex Parte
Order renewing Warrant and Abatement Order;
oversee filing of same; analyze research re timeline for Appeal of automobile abatement in preparation for
advice to client; confer with Mr. Ross re same; review
law re notice declaration for ex parte appearance for
Warrant renewal; analyze and reform same; confer with
Mr. Schwarz re City limits for expenditures on with
respect to abatement costs in preparation for advice to client; analyze current expenditure delegations re
same; review research on appointed Vehicle
Abatement Officer in preparation for advice to client
08/16/2022 CB Confer with Mr. Hostetter multiple times re Ex Parte Hearing; draft and file Notice of Remote Appearance for Mr. Hostetter; confer with Mr. Ross re hearing; begin
drafting first Warrant Return

2.75 $120.00 $330.00
08/16/2022 WR Confer with Mr. Hostetter re Ex Parte Hearing (.25); confirm timing for Property clean up and necessity for
further inspection to clarify content in view of Ms. Ford's findings (.25)

0.50 $375.00 $187.50
08/16/2022 RK Review and analysis of Title Report received from First American Title; forward same to Mr. Ross and Mr.

Hostetter for review

0.50 $120.00 $60.00
08/16/2022 KH Prepare for and attend Ex Parte Hearing for renewal of Warrant; confer with Ms. Bellardo re same; confer with
Mr. Ross re outcome of Warrant Hearing; revise Closed
Session memorandum re same in preparation for
advice to client; direct additional quotes for abatement including request from 188 abatement; review and
analyze Title Report for 106 Wilson Way for potential
clouds on title for liens; confer with Mr. Ross re same

2.50 $250.00 $625.00
08/17/2022 CB Confer with Mr. Hostetter; continue to draft Warrant Return

0.25 $120.00 $30.00
08/18/2022 CB Finalize 106 Wilson Way Warrant Return; email same to Mr. Hostetter; email with Mr. Ross and Mr. Hostetter re demand for public hearing

0.50 $120.00 $60.00
08/18/2022 KH Confer with Ms. Bellardo re return needed for initial Inspection Warrant; review and reform and approve
form Return; confer with Mr. Ross re same; review
email to Ms. Geilfuss re review of mail for potential
Appeals of Vehicle Abatement Notices; message to Ms.

Geilfuss re same; confer with Mr. Ross re same

0.50 $250.00 $125.00
08/19/2022 KH Direct obtaining of multiple bids for abatement; review proposal re same; review County animal control
procedures re same; review email from Mr. Cooper re
moving forward with abatement company; confer with
Mr. Cooper re same and timeline for execution of

1.50 $250.00 $375.00

Page 5 of 10 ends

151
Warrant/Order; confer with Mr. Ross re same
08/22/2022 CB Finalize Warrant Return; confer with Mr. Hostetter multiple times re same; email Ms. Ford and Mr. Cooper
re same; confer with abatement company about
proposal; confer with Mr. Hostetter and Mr. Ross re
same; draft and transmit email to Ms. Ford and Mr.

Cooper re same and Project coordination; file
Inspection Warrant Return with Court

3.50 $120.00 $420.00
08/22/2022 WR Confirm content of return on initial Inspection Warrant (.25); confer with Mr. Hostetter re sequential
remediation on site within contract authority of City
Manager (.25); confer with Ms. Ford re continual
inspection of property (.25); confirm timing with respect to abandoned vehicle removal (.25)

1.00 $375.00 $375.00
08/22/2022 KH Confer with Mr. Ross and Ms. Bellardo re continued abatement efforts; draft status email to Ms. Ford re
continuing to proceed with abatement under renewed
Warrant; confer with Ms. Ford and Mr. Cooper re same;
final review of approval and oversee the filing of Return on original Warrant; multiple calls with Ms. Ford and Mr.

Cooper re arranging for abatement; confer with Mr.

Ross re same; review Mr. Cooper's final changes to
Return on Warrant; finalize same; draft email to Ms.

Geilfuss reminding review of City desk to determine if
an Appeal on vehicle abatement has been lodged

2.00 $250.00 $500.00
08/23/2022 CB Confer with Mr. Hostetter multiple times; confer with abatement company re proposals; confer with Mr. Ross
and Mr. Hostetter re proposals and Council direction;
review and revise memorandum re same

2.00 $120.00 $240.00
08/23/2022 WR Confer with Ms. Ojeda and Mr. Hostetter re further implementation of 106 Wilson Way cleanup;
documentation for same (.50); confer with Ms. Ford re
same and continued inspection of property (.25)

0.75 $375.00 $281.25
08/23/2022 KH Confer with Ms. Ford and Mr. Cooper re abatement efforts; direct obtaining proposal for Central Valley
Environmental (CVE) for abatement; analyze and
research City limits for expenditures to pay for
abatement; obtain and review new bid split into multiple proposals; review email approval from Mr. Holley;
review email from Ms. Ojeda requesting confirmation of
City Council approval for additional expenditures;
strategy conference call with Mr. Ross and Mr. Schwarz
re same; draft confirming memorandum to Ms. Ojeda re
same; revise per Mr. Ross; finalize same and cause to
be transmitted to Mr. Holley and Ms. Ojeda; confer with Ms. Ford and Mr. Cooper re same; confirm and reject
other abatement company bid involvement as untimely

2.50 $250.00 $625.00
08/25/2022 WR Confirm transmittal of Agreements for clean-up on August 29th and 30th after conferring with Ms. Ford

0.50 $375.00 $187.50

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152
08/25/2022 KH Continue to oversee abatement proceedings; confer with Ms. Ford and Mr. Cooper re same; confer with Mr.

Ross re same; draft email directing Ms. Ford to proceed with executing Abatement Contract; review email from
Ms. Ojeda questioning whether abatement proposal
must be paid up front; or whether its an invoice; draft email to Ms. Ojeda re same; confer with Mr. Villereal re same

2.25 $250.00 $562.50
08/26/2022 CB Confer with Mr. Ross and Mr. Hostetter multiple times; phone calls and text message to Ms. Jones re status of
Docusign proposal; standard form Agreement for
contract for services; confer with Mr. Hostetter and Mr.

Schwarz re same; transmittal to Ms. Ford and Chief
Greenburg re deputy presence on site at time of clean
up

1.00 $120.00 $120.00
08/26/2022 WR Confirm approval and execution of CVE proposals for site clean up and radiation (.50); confirm schedule with Ms. Ford after confirming presence of police officer on site with Chief Greenberg (.50); confirm timing of
vehicle abatement with Mr. Hostetter (.25)

1.25 $375.00 $468.75
08/26/2022 KH Continue to oversee abatement proceedings; confer with Ms. Ford re execution of final Contract with
abatement company; direct additional abatement
company to be contacted to decline their services due
to untimeliness; confirm abatement company is
prepared to begin abatement on August 29, 2022;
confer with Mr. Ross and Ms. Bellardo several times to
effectuate same

2.00 $250.00 $500.00
08/29/2022 WR Telephone calls with Ms. Ford and Mr. Holley re implementation of Order (.75); verification of no appeals filed on abandoned vehicles on site (.25)

1.00 $375.00 $375.00
08/29/2022 CB Confer with Mr. Hostetter multiple times re status of active abatement and vehicle abatement; begin
research re Lee Schmidt AKA; legal research re
returned notices under Municipal Code and State
Vehicle Code; confer with Mr. Hostetter multiple times
re same; confer with Ms. Ford multiple times re status
of active abatement; confer with Ms. Foster re NCIC/
Triple I

3.00 $120.00 $360.00
08/29/2022 KH Continue to oversee abatement proceedings; confer with Ms Ford multiple times re same; review returned
mailed Notice of Vehicle Abatements; direct
investigation into the potential of returned mailed
notices belonging to Mr Schmidt; confer with Ms Ford
re same; confer with Mr. Ross and Ms. Bellardo re
same; review email to Mr. Greenberg requesting 3i
Report re same; review email re inability to do so
because of non-criminal matter; confer with Mr. Ross re strategy for abatement going forward

2.50 $250.00 $625.00
08/30/2022 CB Confer with Mr. Hostetter re legal research into Vehicle 3.75 $120.00 $450.00

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153
Code and returned notices; continue research into Mr.

Schmidt AKA; review existing documentation and code
citations and administrative citations re same; review of Title Report re same; confer with Mr. Hostetter and Mr.

Ross multiple times re status of NCIC/Triple I; draft,
review, revise, and send communication to Ms. Detwiler
re same; confer with Ms. Ford and Mr. Hostetter
multiple times re status of active abatement; confer with Mr. Hostetter and Mr. Ross re extension due to more
time needed by CVE to abate; begin drafting extension
paperwork
08/30/2022 WR Final request to Napa County Sheriff re verification of information on specific identified abandoned vehicles
on site

0.25 $375.00 $93.75
08/30/2022 KH Continue to oversee abatement proceedings; confer with Ms. Ford multiple times re same; review returned
mailed notice of vehicle abatements; continue to verify known aliases of Mr. Schmidt to ensure abatement of
vehicles; confer with Ms. Ford re more time needed for
abatement due to unforseen scope of work and
interference of resident; strategy conference with Mr.

Ross and Ms. Bellardo; begin drafting and review the
Application for Extension of Warrant/Order; confer with Ms. Ford re same; confer with Mr. Ross re necessary
involvement of additional City personnel including law
enforcement; review and analyze new evidence
supporting abatement extension; confer with Mr.

Cooper re same; continue reviewing and drafting
Application for Extension and review applicable law and evidence in support

3.50 $250.00 $875.00
08/31/2022 CB Confer with Ms. Ford, Mr. Hostetter, and Mr. Ross multiple times re current abatement process and
progress; confer with Mr. Hostetter and Mr. Ross re
strategy for abatement and further abatement
proceedings going forward, and extension especially
with current Property Owner interference; legal
research and analysis of cost recovery; email to Mr.

Ross and Mr. Hostetter re same; legal research re
Owner interference, criminal and civil penalties, and
ability to arrest; confer with Mr. Hostetter and Mr. Ross multiple times re same; draft, review, and revise all
pleadings for Application for Extension of Inspection
Warrant and Abatement Order; confer with Mr.

Hostetter and Ms. Ford multiple times re Ford Affidavit; revise and final same; compile all documents for filing; file same

8.50 $120.00 $1,020.00
08/31/2022 CB Troubleshoot eFiling issues (N/C) 2.00 $0.00 $0.00 08/31/2022 WR Confer with Mr. Holley, Mr. Cooper, Mr. Hostetter and Chief Greenberg re implementation of exisiting
Inspection Warrant and Removal Order (.50); service of
Notice of Ex Parte Hearing for Extension on Mr. Schmitt (.25); confer with Mr. Hostetter re additional evidence in

1.25 $375.00 $468.75

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154
support of Extension (.50)
08/31/2022 RK Confer with Ms. Bellardo re filing of Ex Parte Application for Extension to Inspection Warrant; review of same; try to fix issues with the same for filing

0.50 $120.00 $60.00
08/31/2022 KH Continue to oversee abatement proceedings; review, reform, and finalize the Application for Extension of
Warrant/Order; confer multiple times with Ms. Bellardo
re same; confer multiple times with Mr. Ross re same;
confer with Ms. Bellardo re difficulties with filing system, and ensuring filing is completed; confer with Mr. Ross
re same

3.00 $250.00 $750.00
Quantity Subtotal 98.25
Services Subtotal $19,286.25
Expenses
Date Notes Quantity Rate Total
08/11/2022 Preliminary Title Report 1.00 $500.00 $500.00 08/31/2022 LexisNexis 1.00 $180.00 $180.00
Expenses Subtotal $680.00
Quantity Total 98.25
Subtotal $19,966.25
Total $19,966.25
Payment (10/31/2022) -$19,966.25
Balance Owing $0.00
Detailed Statement of Account
Other Invoices
Invoice Number Due On Amount Due Payments Received Balance Due 10707 10/13/2022 $19,011.25 $0.00 $19,011.25
Current Invoice
Invoice Number Due On Amount Due Payments Received Balance Due

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155
10656 09/13/2022 $19,966.25 $19,966.25 $0.00
Outstanding Balance $19,011.25
Total Amount Outstanding $19,011.25
Please make all amounts payable to: Law Offices of William D. Ross Payment is due upon receipt.

Page 10 of 10 ends

156
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Payable To:
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10707
Date: 10/13/2022
Invoice Number Total
10707 $19,011.25
Subtotal $19,011.25
Tax $0.00
Amount Due $19,011.25

Page 1 of 9 ends

157
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com

INVOICE
Invoice # 10707
Date: 10/13/2022
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
199/6.92 106 Wilson Way
Services
Date Attorney Notes Quantity Rate Total
09/01/2022 CB Legal research re extent of abatement; confer with Mr.

Hostetter multiple times re same; confer with Mr. Ross
and Mr. Hostetter multiple times re status of abatement; confer with Mr. Ross and Mr. Hostetter for preparation
of Court Hearing; confer with Sheriff's Office re AKAs
and vehicles; email re same to Ms. Detwiler, Mr. Ross,
and Mr. Hostetter

2.25 $120.00 $270.00
09/01/2022 CB Attend Strategy Session and Court Hearing (1.00)(N/C) 1.00 $0.00 $0.00 09/01/2022 RK Confer with Mr. Hostetter re review of files for litigation involving nuisance complaints; review of files for same; forward information to Mr. Hostetter for review (1.00)
(.50) (N/C)

0.50 $120.00 $60.00
09/01/2022 KH Confer with Mr. Ross re preparation for Ex Parte Hearing on the Extension of Warrant; confirm filing of
supporting documents re same; prepare for and attend
Ex Parte Hearing; draft summary of results of Ex Parte
Hearing for City use; review per Mr. Ross; confer with
Mr. Ross re same; review email from Chief Greenberg
re same; confer with Mr. Ross re confirmation of
security company for 106 Wilson Way after Extension
of Warrant; continue to oversee abatement procedures
including verifying the identity of Property Owner's
alias; confer with Ms. Bellardo re potential Nuisance
Complaint

2.75 $250.00 $687.50
09/01/2022 WR Confer with Mr. Hostetter re Ex Parte Order (.25); confirm implementation with Ms. Ford; confer with CVE
representatives re extent of contract and prospective
schedule (.25); confer with Chief Greenberg re same
(.25); confer with Mr. Schwarz and Mr. Hostetter re
remediation and assistance for Owner (.75) (.25) (N/C)

1.25 $375.00 $468.75

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158
09/01/2022 DS Review materials and assist in preparing for Court Hearing re Extension of Inspection Warrant/Abatement
Order; confer with Mr. Hostetter re same (.50) (.25) (N/ C)

0.25 $250.00 $62.50
09/02/2022 CB Participation in strategy meeting; confer with Mr.

Hostetter re strategy going forward and Nuisance
Complaint; draft same; contact Court multiple times for signed copy of Order; email of same to City abatement
team

2.00 $120.00 $240.00
09/02/2022 KH Attend abatement team strategy meeting; oversee abatement proceedings including conferring with Mr.

Cooper and Ms. Ford; review current status re same;
review proposed Agreement with security company;
research restrictions of security when not business
hours of Warrant; confer with Ms. Bellardo re same in
preparation for advice to client

2.25 $250.00 $562.50
09/02/2022 WR Participate in status conference re abatement efforts; retention of Security Service; citations for debris in
public right-of-way; distribution of Court Order (.75) (N/ C)

0.75 $0.00 $0.00
09/04/2022 CB Draft Nuisance Complaint 4.00 $120.00 $480.00 09/04/2022 KH Review and analysis of draft Nuisance Complaint preparation revising and drafting same; reform same
(1.50) (.50) (N/C)

1.00 $250.00 $250.00
09/05/2022 CB Review and revise Nuisance Complaint; confer with Mr.

Hostetter multiple times re same; confer with Mr.

Schwarz re same

5.00 $120.00 $600.00
09/05/2022 KH Review, reform and finalize Nuisance Complaint; confer with Mr. Ross and Ms. Bellardo re same; oversee filing
of same; research applicable Court Rules; confer with
Ms. Kirk re same

4.50 $250.00 $1,125.00
09/06/2022 CB Confer with Mr. Hostetter multiple times re Nuisance Complaint and content of Coroner's Report and Fire
Report re Schmidt behavior the night of the fire; confer with Mr. Ross re same; draft email to Greenberg re
Incident Report; email same to Mr. Hostetter; continue
to review and revise Nuisance Complaint; research on
Municipal Code re animal keeping standards; confer
with Mr. Hostetter re same; locate and send Contract
for Delta One; review of Civil Case Cover Sheet;
preliminary research on case preference and
precedence; confer with Mr. Hostetter re same;
research of specific injunctive relief; confer with Mr.

Hostetter re same (6.50) (1.50) (N/C)

5.00 $120.00 $600.00
09/06/2022 RK Confer with Mr. Hostetter several times re filing of Complaint for 106 Wilson Way; research re
requirements for filing and documents re same;
preparation of Civil Case Cover Sheet and Summons;

2.00 $120.00 $240.00

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159
research re entitlement to preference (3.00) (1.00) (N/ C)
09/06/2022 KH Confer with Ms. Bellardo re status of amendments to Complaint; confer with Mr. Ross re same; review
research re conservatorship for potential inclusion in
Complaint; direct Ms. Kirk re Civil Case Cover Sheet
and additional documents that must be filed along with
Nuisance Complaint; review Mr. Ross changes to
Complaint; confer with Ms. Bellardo re additions to
Complaint; reform Complaint re same; oversee and
review additional procedural documents to accompany
Complaint; review law re preference and precedence
granted to abatement cases; research same; direct
further research re same; draft email to Chief
Greenberg re Incident Report for 106 Wilson Way fire;
review and analyze Incidence Report re same; review
law re mandatory/temporary injunctions and further
authority for preference; review and reform draft
Complaint prior to sending to Mr. Holley for review;
confer with Ms. Bellardo re additions needed for
Complaint prior to filing (5.25) (.50) (N/C)

4.75 $250.00 $1,187.50
09/06/2022 WR Revise and final advice memorandum to Council (.75); confer with Delta 1 re status of onsite security (.25) (N/ C); confer with Mr. Holley re Agreement and approval
(.25) (N/C)

0.75 $375.00 $281.25
09/07/2022 CB Review and revise Nuisance Complaint; research on receivership; memorandum to Mr. Ross and Mr.

Hostetter re same; confer with Mr. Ross and Mr.

Hostetter re same; retrieval of Oakand v. Chau
Complaint; review of same; confer with Mr. Hostetter re same; further research re injunctive relief prayer; confer with Mr. Hostetter re same; review Civil Case Cover
Sheet and Summons; confer with Mr. Hostetter and Ms.

Kirk re Summons; preparation of final Complaint packet
for efiling; efile same; research on Temporary
Restraining Order (TRO) process; communication of
same to Mr. Hostetter

5.00 $120.00 $600.00
09/07/2022 KH Confer with Ms. Bellardo re status re potential of receivership for Mr. Schmidt as part of Complaint;
review order proposal for receivership; confer with Mr.

Ross and Ms. Bellardo re additional refinements
needed for Nuisance Complaint finalization; review
amendments to Complaint in preparation for filing
Complaint; final review and approval of Complaint;
confer with Ms. Bellardo re options for injunctive relief after Complaint is served on Mr. Schmidt

2.50 $250.00 $625.00
09/07/2022 RK Confer with Ms. Bellardo re filing of Summons; continue research re same (1.00) (.25) (N/C)

0.75 $120.00 $90.00
09/07/2022 WR Confirm content of Nuisance Complaint after review; approve for filing

1.00 $375.00 $375.00

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160
09/07/2022 DS Review and revise draft materials re Nuisance Complaint to be filed with the Superior Court re clean
up and abatement at the Property; confer with Mr.

Hostetter and Ms. Bellardo re same; review and
supplement legal authority for including in the
supporting legal Brief

2.50 $250.00 $625.00
09/08/2022 RK Confer with Ms. Nicole Hall re Agreement with Delta One Security; review of files for information re same;
email to attorneys re same (1.00) (.50) (N/C)

0.50 $120.00 $60.00
09/08/2022 WR Confer with Mr. Cooper re current status (.25); confirm next steps in Nuisance Complaint litigation (.25) (N/C)

0.25 $375.00 $93.75
09/09/2022 CB Confer with Mr. Ross, Mr. Schwarz, and Mr. Hostetter re Nuisance Complaint and TRO; update efilings; call to clerk re filings

0.50 $120.00 $60.00
09/09/2022 KH Confer with Mr. Ross re Nuisance Complaint filing and service issues; research TRO law for filing next week to take control of 106 Wilson Way property; confer with
Mr. Ross re same and Ms. Bellardo re strategy re same

2.25 $250.00 $562.50
09/10/2022 CB Research, review, and confirm legal standards re TRO and Preliminary Injunction; draft preliminary arguments re same; confer with Mr. Hostetter multiple times re
same; draft email re same to Mr. Ross, Mr. Hostetter,
and Mr. Schwarz

3.00 $120.00 $360.00
09/10/2022 KH Confer with Ms. Bellardo re necessity for compelling irreparable harm for immediate TRO versus a later
temporary injunction in preparation for advice to client

0.50 $250.00 $125.00
09/12/2022 KH Confer with Mr. Ross re service of Nuisance Complaint by Deputy and form of temporary relief sought in
preparation for advice to client; analyze law re
applicability of receivership to prevent nuisance; confer with Ms. Bellardo re same; confirm status of filed
Complaint

0.75 $250.00 $187.50
09/12/2022 CB Draft Application for Preliminary Injunction/TRO; review filings re same; confer with Mr. Hostetter re same;
obtain service documentation; email to Chief re same

1.00 $120.00 $120.00
09/12/2022 WR Confer with Ms. Ford and Mr. Hostetter re service of Nuisance Complaint and status of cleanup onsite (.75)
(.25) (N/C)

0.50 $375.00 $187.50
09/13/2022 KH Confer with Mr. Ross re Demolition Permit needed to be transferred re completing residential building
demolition; review and analyze remaining structures to
be demolished; draft email to Ms. Trimberger re
transfer of Demolition Permit; oversee abatement
efforts at 106 Wilson Way

1.00 $250.00 $250.00
09/14/2022 CB Confer with Mr. Hostetter multiple times re progress of abatement; strategy conference with Mr. Ross and Mr.

0.50 $120.00 $60.00

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161
Hostetter re TRO/Nuisance Complaint
09/14/2022 KH Oversee abatement efforts at 106 Wilson Way; analyze and confirm Demolition Permit transfer to Mr. Villareal; confer with Mr. Villareal re same; confer with Mr.

Cooper and Mr. Ross re same; review email from Mr.

Cooper re same; draft email to Mr. Cooper re same

2.00 $250.00 $500.00
09/14/2022 WR Meet onsite with Ms. Ford and Mr. Chad Jones of CVE to review status (1.25); dictate summary of
conversation with Property Owner (.50)

1.75 $375.00 $656.25
09/15/2022 CB Confer with Mr. Hostetter re whether another extension is required; confer with Mr. Ross and Mr. Hostetter re
same; contact Court to be put on Ex Parte calendar for
September 16, 2022; provide telephonic notice of same
to Mr. Schmidt; draft filings for extension; email of same to Mr. Hostetter for review; confer with Mr. Hostetter
multiple times re same; confer with CVE multiple times
re same

5.50 $120.00 $660.00
09/15/2022 KH Confer with Mr. Ross and Ms. Bellardo in preparation for Inspection Warrant; review email from Ms. Ford re
status of abatement; confer with Ms. Villareal re timing of abatement of the building; confer with Mr. Cooper re same; strategy conference with Ms. Bellardo and Mr.

Ross re finalizing abatement; confer with Ms. Bellardo
re draft Warrant; review and revise same; review email
from Mr. Villareal re extension needed for abatement of building; confer with Ms. Bellardo re same; draft email to Mr. Holley and Mr. Cooper with associated proposal
to remove building; review same; review final
verification of inoperable vehicles let on property;
confer with Mr. Villareal re Inspection Warrant to be
transmitted to tow company; confer with Ms. Bellardo to ensure completion of same

3.50 $250.00 $875.00
09/16/2022 CB Review and confirm final Municipal Code and Health and Safety Code citations for Application; confer with
Mr. Hostetter re finalizing filings; efiling same; confer with Mr. Hostetter re developments at Property
yesterday during vehicle abatement; confer with Mr.

Hostetter multiple times about hearing and abatement
issues; contact Court re Hearing; attend Extension
Hearing; draft and send mental health resources for Mr.

Schmidt to Mr. Ross; distribution of signed Order

2.00 $120.00 $240.00
09/16/2022 WR View site; confer with Ms. Ford, Contractor, Chief Greenberg and Mr. Hostetter re condition of property
and next steps (1.50) (.25) (N/C)

1.25 $375.00 $468.75
09/16/2022 KH Oversee 106 Wilson Way abatement; multiple calls to Mr. Villareal, Mr. Ross; oversee filing of Warrant;
preparation for Extension Warrant Hearing; attend
Warrant Hearing; confer with Mr. Ross re additional 106 Wilson Way tenant information; strategy conference
with Mr. Ross re medical intervention; review email

3.75 $250.00 $937.50

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162
from Mr. Cooper re service of Warrant; draft email to
Mr. Cooper re same
09/16/2022 DS Review and assist with preparation of materials for Ex Parte Hearing on Inspection Warrant; confer with Mr.

Hostetter and Ms. Bellardo re same; confirm legal
authority in Health and Safety Code, Building Code,
and City Municipal Code for supporting abatement re
burnt or charred structures and building materials

1.75 $250.00 $437.50
09/19/2022 WR Confer with Ms. Ford re status (.25); confer with Mr.

Cooper re status and service of extended Warrant and
Order (.25)

0.50 $375.00 $187.50
09/19/2022 KH Confer with Ms. Ford re status of final abatement for closing out file on same in preparation for advice to
client

0.25 $250.00 $62.50
09/20/2022 KH Confer with Ms. Ford re status of chimney removal for final inspection in prepration for closing out abatement process

0.25 $250.00 $62.50
09/21/2022 CB Confer with Mr. Hostetter re coordination with CVE, quote, and Demolition Permit/scope of work re
chimney/fireplace (N/C)

0.25 $0.00 $0.00
09/21/2022 KH Oversee finalization of abatement proceedings; confer with Mr. Villareal and Mr. Cooper re outstanding
chimney left on the property; confer with Mr. Ross re
same; review scope of work for abatement and
Demolition Permit re same; draft email to Ms. Ford re
finalizing inspection of property for current code
violations; confer with Ms. Ford re same

1.75 $250.00 $437.50
09/22/2022 CB Confer with Mr. Hostetter re code violation inspection and final determination of scope of work completed in
preparation for conference with Mr. Ross; confer with
Mr. Hostetter and Mr. Ross to determine next steps

0.50 $120.00 $60.00
09/22/2022 KH Oversee finalization of 106 Wilson Way remediation; confer with Mr. Cooper re same; confer with Mr. Ross
re same; confer with Mr. Villareal re same in
preparation for finalizing same; draft memorandum to
Ms. Ford and Mr. Cooper re necessary property
inspection; revise per Mr. Ross re same; finalize and
transmit same; review email from Mr. Cooper re
inspection of 106 Wilson Way property; confer with Mr.

Ross re outstanding cleanup issues; draft email to Mr.

Villareal re same

2.75 $250.00 $687.50
09/23/2022 KH Confer with Mr. Cooper re remaining abatement issues on 106 Wilson Way property; confer with Ms. Bellardo
and Mr. Schwarz re same in preparation for advice to
client

1.00 $250.00 $250.00
09/26/2022 CB Confer with Mr. Hostetter multiple times re security team, mental health resources, Warrant Return, and

0.50 $120.00 $60.00

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163
status memorandum
09/26/2022 KH Oversee finalization of termination of abatement actions; confer with Mr. Cooper re terminating security; research receivership and mental health options for
Property Owner in preparation for advice to client; draft email to abatement team re finalization of security at
property and outstanding wrap-up matters; confer with
Delta One Security 2x; strategy conference with Ms.

Bellardo and Mr. Schwarz re same in preparation for
advice to client

2.50 $250.00 $625.00
09/27/2022 KH Review and analyze final Scope of Work Report from Mr. Villareal; draft email to Mr. Villareal re same in
preparation for advice to client

0.50 $250.00 $125.00
09/28/2022 KH Review email from Mr. Ross re final issues re 106 Wilson way; draft email to Mr. Ross re same

0.25 $250.00 $62.50
Quantity Subtotal 95.0
Services Subtotal $18,891.25
Expenses
Date Notes Quantity Rate Total
09/30/2022 LexisNexis 1.00 $120.00 $120.00
Expenses Subtotal $120.00
Quantity Total 95.0
Subtotal $19,011.25
Total $19,011.25
Detailed Statement of Account
Current Invoice
Invoice Number Due On Amount Due Payments Received Balance Due 10707 10/13/2022 $19,011.25 $0.00 $19,011.25
Outstanding Balance $19,011.25
Total Amount Outstanding $19,011.25
Please make all amounts payable to: Law Offices of William D. Ross

Page 8 of 9 ends

164
Payment is due upon receipt.

Page 9 of 9 ends

165

Page 1 of 1 ends

Subject: Time calcula*ons for 106 Wilson Way
Date: Friday, October 28, 2022 at 2:27:40 PM Pacific Daylight Time From: Tiffany Ford <[email protected]>
To: William Ross <[email protected]>
CC: Kypros HosteQer <[email protected]>, Chris*na Bellardo <[email protected]>, Brent Cooper <[email protected]>
Good afternoon Bill,
I have calculated that I’ve spent approximately 875 minutes on enforcement for 106 Wilson Way. My fully burdened hourly rate is $127.99 for code enforcement. Here’s how I did the math:
845 minutes divided by 60 = 14.5 hours x $127.99 = $1,866.52 Please let me know if you need anything else.

Kind regards,
Tiffany Ford Tiffany Ford
Code Enforcement Officer, Community Development Department Code Enforcement Officer, Community Development Department City of American Canyon | 4381 Broadway Street, Suite 201 | American Canyon, CA 94503
(707)647-4599 | [email protected]
ATTACHMENT 6
166

PROCEEDINGS AND ACCOUNTING REPORT

PUBLIC NUISANCE VEHICLE ABATEMENT
I. LOCATION/LEGAL:

Assessor’s Parcel Number: 058-370-002
Address: 106 Wilson Way
II. FIVE OF THE FOLLOWING VEHICLES REMOVED AND DISPOSED OF (see photos):

Plate VIN Year Make Model Color
8R74803 JT4YR29V4G5001054 1986 Toyota Van Unknown
4R05108 JT4YR29V8G5027169 1986 Toyota Van Unknown
8H13117 JT4YR29VXH5057632 1987 Toyota Cargo Van Unknown 812UTK JT2AL32V1G3638037 1986 Toyota Tercel Silver
128WKW JT2AL32H8E3562260 1984 Toyota Tercel Blue
2AGW852 E11HHEF4502 1979 Ford Unknown Brown/Tan
2S43468 1FTEE14F1FHC09110 1985 Ford F-150 Unknown
571KZR JT5RN44D0D1146584 1984 Toyota Pick-up Unknown
1G59358 Unknown UNK Dodge Van Brown
III. PROCEDURE:
a. Ex-Parte Application filed:
b. Inspection Warrant/Abatement Order Issued:
c. Notice of Violation Posted:
d. Ex-Parte Renewal Application filed:
e. Inspection Warrant/Abatement Order Issued:
f. Ex-Parte Extension Application filed:
g. Inspection Warrant/Abatement Order Issued:
h. Ex-Parte Extension Application filed:
i. Inspection Warrant/Abatement Order Issued:
j. Abatement Work Completion:
7/28/2022
7/29/2022
8/12/2022
8/15/2022
8/17/2022
9/1/2022
9/2/2022
9/16/2022
9/16/2022
9/27/2022
IV. ACCOUNTING (through September 30, 2022):

Vehicle Abatement $4,050.00
Total $4,050.00
William D. Ross, City Attorney
ATTACHMENT 7
167
168
169
170
171
Remit payments online, or by mail
Accounts Receivable By Mail: Online: www.cvecorp.com/paymentsNB Phone: (559) 222-1122 Central Valley Environmental
Fax: (559) 222-1174 Attn: Accounts Receivable – NB
[email protected] 4263 N. Selland Ave.

Fresno, CA 93722
*A late fee of 1.5% will be added to the balance for every 30 days that the invoice remains unpaid* Invoice
INVOICE #: 1463
DATE: 09/23/2022
DUE DATE: 10/23/2022
TERMS: NET 30
BILL TO:

LEE SCHMIDT
4381 BROADWAY ST.

SUITE 201

AMERICAN CANYON, CA
PROJECT # PROJ. MANAGER JOBSITE ADDRESS P.O. # CLAIM #
30220345 JESUS VILLAREAL 106 WILSON WAY, AMERICAN CANYON, CA DESCRIPTION ITEM PRICE % COMPLETE
(THIS PERIOD)
% COMPLETE
(TOTAL) RETAINAGE AMOUNT DUE
VEHICLE DISPOSAL $4,050.00 100.00% 100.00% $0.00 $4,050.00 TOTAL $4,050.00
PAYMENTS/CREDITS $0.00
BALANCE DUE $4,050.00
Thank you for allowing CVE to be part of your project!
ATTACHMENT 8
172
ATTACHMENT 9
173
174
175
176
177
178
179
180
181
182
183
184
185
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
September 27, 2022
On August 26, 2022, CVE was hired to perform a property clean up at 106 Wilson Way American Canyon CA, the property was filled with a high volume of debris, vehicles, and biohazard waste. The scope of work was to remove and dispose of all debris, fire hazards, and abandoned vehicles within the property. In addition, at the request of code enforcement, we have removed and disposed of the remaining fire damaged structure wall, and associated carport, and red brick fireplace. The scope of work was completed on Thursday September 22, 2022.

Feel free to reach out with any questions, see attached before and after photos. Thank you.

Sincerely,
Jesus Villarreal
Estimator/Project Manager/Safety Compliance officer
[email protected]
707-978-8997
ATTACHMENT 10
186
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
187
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
188
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
189
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
190
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
191
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
192
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
Before
193
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
194
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
195
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
196
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
197
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
198
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
199
Corporate Office- 4263 N Selland Ave. Fresno, CA. 93722- Ph: (559) 222-1122- FAX: (559) 222-1174 North Bay-135 Utility Court, Suite A– Rohnert Park, CA 94928- Ph: (707) 584-1900 –FAX: (707) 584-1911 San Diego- 7912 Armour St San Diego, CA. 92111 Ph: (619) 838-4035 F: (707) 584-1911 CONTRACTOR’S LICENSE #: 974852 DOSH REG#1064
After
200

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 13.

TITLE
Update on Second Hand Smoke in Multifamily Settings

RECOMMENDATION
Staff recommends the Council receive informa0on and provide possible direc0on to staff regarding second hand smoke in multifamily settings.

CONTACT
Jason Holley, City Manager
Jennifer Kansanback, Communications Manager

BACKGROUND & ANALYSIS
On December 7, 2021, the City Council received a presenta0on regarding health dangers of second hand smoke (SHS) in mul0family (MFR) se8ngs. In response to the presenta0on, the Council expressed an interest in learning more about the issue - including a poten0al smoking prohibi0on of both tobacco and cannabis in MFR settings.

Since then, staff has met with representa0ves of the Napa County Health and Human Services Agency and the "Napa Youth Council", who provided addi0onal informa0on (A=achment 2). Staff also met with stakeholders represen0ng mul0-family complex owners and mobile home park owners and investigated whether privately, anti-smoking rules are already in place related to SHS.

The housing stock in American Canyon is much different than other parts of the County – namely, we have a higher percentage of single family homes that are principally home-owner occupied, and a smaller percentage of mul0-family units. Staff's has determined American Canyon has seven (7) apartment complexes and five (5) mobile home parks, all of which we classify as “mul0-family” for zoning purposes. Approximately 4,300 people live within 1,600 dwelling units at these locations.

As shown in A=achment 1, smoking is already prohibited inside all of these mul0-family complexes.

Moreover, the rule do not dis0nguish between tobacco or cannabis. This not surprising because most of American Canyon's mul0-family se8ngs were built within the last 15 years and SHS would damage the owner's substan0al financial investment. Also, it is highly unlikely that developers of new multi-family units will allow smoking either.
201
Of note, all mobile home parks allow smoking inside privately-owned trailers (but prohibit smoking in the rental trailers). Two of the five parks allow smoking outside, but only in designated locations.

Given the private prohibi0ons already in place, it’s unclear whether the Council will want to enact further public prohibi0ons. One stakeholder suggested their tenant management/evic0on process might be assisted by the classifica0on of “fugi0ve smoke” as a “nuisance” as per American Canyon Municipal Code Sec0on 9.04.040 (because this could provide addi0onal jus0fica0on for evic0on), however this could prove problematic for outdoor barbeques, etc. in residential neighborhoods.

Staff requests further guidance from Council regarding what (if any) ac0on should be pursued at this time.

Lastly, on a separate note, staff is preparing an Ordinance that will prohibit Cannabis use in City parks. Tobacco use is already prohibited here and the change is proposed to help law enforcement by not requiring they distinguish between the two smoking substances.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Not applicable.

FISCAL IMPACT
Not applicable

ENVIRONMENTAL REVIEW
Not applicable
ATTACHMENTS:

1. Multi Family Smoking in American Canyon MFR

2. Understanding Second Hand Smoke
202
Location # Of
Units
Estimated
# of
Residents
Allows Indoor
Smoking –
Rented Unit
Allows
Indoor Smoking –
Privately Owned Unit
Allows
Outdoor
Smoking
Canyon Ridge at Napa Junction
800 Reliant Way
148 300 NO NO NO
The Lodge at Napa Junction
5500 Eucalytpus Drive
216 300 NO NO NO
Village at Vintage Ranch Apartment
Townhomes
100 Toscana Drive
159 350 NO NO NO
Canyon Manor Apartments
941 Danrose Drive
48 96 NO NO NO
Vineyard Crossings
202 Tapestry Lane
146 300 NO NO NO
Valley View Senior Homes
1 Natalie Lane
70 72 NO NO NO
World Marine Estates
2555 Flosden Road
126 325 N/A*** YES** NO
Fairgrounds Mobile Estates
2525 Flosden Road
231 1000 NO YES** NO
Las Casitas Napa Mobile Home Park
3000 Broadway
96 150 N/A*** YES** YES*
Olympia Mobilodge of Napa
244 American Canyon Road
201 600 NO YES** YES*
American Canyon Mobile Home Park
260 American Canyon Road
191 750 N/A*** YES** NO
American Canyon Apartments
300 American Canyon Road
34 90 NO NO NO
*Designated areas only away from building entry.
**Existing park rules prohibit smoke emanating from inside a privately-owned unit from interfering with another unit. ***There are no rented units at these parks.
203
Understanding
Tobacco and Marijuana
Secondhand Smoke (SHS)
• Tobacco SHS can cause lung cancer, heart
disease, serious respiratory illnesses such as
bronchitis and asthma, low birth weight, and
sudden infant death syndrome.[1]
• Despite differences in the chemicals found in
tobacco and marijuana secondhand smoke,
they share similarities. [2]
Tobacco SHS Marijuana SHS
Tobacco SHS contains
more than 7,000 chemicals,
including 70 that are known
to cause cancer.[1]
Marijuana SHS contains
thousands of chemicals
including 33 that are known
to cause cancer.[3]
Tobacco SHS contains
chemicals including tar,
hydrogen cyanide, cadmium,
lead, ammonia, and carbon
monoxide.[1]
Marijuana SHS contains
2 times as much tar and
ammonia and 8 times as
much hydrogen cyanide as
tobacco smoke.[3]
How does California law restrict marijuana use and possession? California law[5] prohibits[1]:
• Smoking marijuana in any location where smoking tobacco is prohibited. • Smoking, vaping or consuming marijuana (includes all parts of the plant) or using marijuana products (this includes concentrates, edibles and topicals) in a public place. • Smoking marijuana within 1,000 feet of a school, day care center, or youth center when children are present. • Possessing or using marijuana or marijuana products on the grounds of a school, day care center, or youth center while children are present.
• Smoking or consuming marijuana or possessing an open container of marijuana while driving or riding as a passenger in a motor vehicle, boat, aircraft, or other vehicle used for transportation. • Smoking, vaping or consuming marijuana in personal vehicles when a minor under 18 years of age is present in the vehicle whether in motion or at rest [6] • Smoking or vaping marijuana on certain residential properties, including rental homes, if a property owner or landlord has prohibited smoking on the property.[7] Tobacco and
Marijuana
Secondhand Smoke
What’s the Concern?
1 Some exemptions apply. See California Health and Safety Code Section 11362.3 (a) and Business and Professions Code Section 26200 for local authority for the full policy.

How is “smoking”
defined in California
smokefree laws?
California law defines “smoking”
as inhaling, exhaling, burning or
carrying any lighted or heated
tobacco or plant product intended
for inhalation, whether natural or
synthetic, in any manner or in any
form. This includes the use of an
electronic smoking device. [4]
204
California allows local governments the legal authority to pass zoning and licensing ordinances that prevent marijuana retailers and dispensaries from operating in their communities. It also gives local governments the authority to control whether or not they will allow temporary events in their jurisdictions. [17] Public Locations Where Smoking Tobacco and Marijuana
are Prohibited by California Law
Indoor Workspaces
Smoking is prohibited in most
enclosed places of employment [8]
including:
• Public and private offices and office
buildings
• Government buildings, inside and within
20 feet of an entrance, exit, or window
• Restaurants, bars, gaming clubs, bingo
halls, and pool halls
• Malls, movie theaters, and gyms
• Hotel and motel lobbies, common
areas, employee-only areas, meeting
or banquet rooms, and at least 80%
of guest rooms within a hotel must be
smokefree
• Social organizations such as Elks
Lodges or Veteran’s Clubs
• Covered parking lots, public
transportation systems, state-owned
vehicles, taxi cabs, and cabs of motor
trucks and tractor trailers if nonsmokers
are present
• Owner-operated businesses with no
other employees
Outdoor Spaces
Smoking is prohibited in many
outdoor spaces, including:
• Certified farmers’ markets [9]
• Within state parks and state coastal
beaches [10]
• Within 25 feet of playgrounds, tot
lots, or recreational areas specifically
designated for use by children [11]
Youth-Sensitive Areas
Smoking is prohibited in
youth-sensitive areas such as:
• Licensed day care centers, including
private residences licensed as family
day care homes[12]
• K-12 public schools (including charter
schools) and school vehicles [13, 14]
• Licensed children’s residential
facilities, foster family homes, or
resource family homes [15]
• Youth buses [16]
• Within 250 feet of youth
sporting events [11]
205
Figure 1. Percentage of adults aged 18-64 exposed to tobacco SHS or marijuana SHS by location of most recent exposure (among those individuals who report recent exposure).

Data: 2019 Online California Adult Tobacco Survey, Wave 1 and 2.

Tobacco Marijuana Tobacco Marijuana Tobacco Marijuana Tobacco Marijuana Tobacco Marijuana Sidewalks
Percent
At Home Shopping Areas Parks/Outdoor
Recreation Areas
Workplaces

SHS SHS SHS SHS SHS SHS SHS SHS SHS SHS
0 10
20 30
40 50

42.0 30.8

13.4 27.5

11.4 6.8

11.6 18.8

8.4 1.6
Tobacco and Marijuana
Secondhand Smoke Exposure
in California
• 60% of California adults report being
exposed to tobacco SHS in the past two
weeks. [18]
• 50% of California adults report being
exposed to marijuana SHS in the past two
weeks. [18]
SHS Exposure by Location
The most common location of recent
exposure to marijuana SHS is on sidewalks,
[18] followed by in the home, [18] and at
parks and outdoor recreation areas [18] (Fig.
1). More people report recent exposure to
marijuana SHS than tobacco SHS in the
home, [18] at parks, [18] and other outdoor or
recreation areas [18].

The U.S. Surgeon General continues to warn the public that there is no safe level of exposure to secondhand smoke. Comprehensive smokefree ordinances can protect the public’s health and provide everyone the right to breathe smokefree air.
206
References

1. U.S. Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services, Center for Disease Control and Prevention,, , Editor. 2006, Coordinating Center for Helath Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health: Atlanta, GA.

2. Moir, D., Rickert, W. S., Levasseur, G., Larose, Y., Maertens, R., White, P., & Desjardins, S., A Comparison of Mainstream and Sidestream Marijuana and Tobacco Cigarette Smoke Produced Under Two Machine Smoking Conditions. Chemical Research in Toxicology, 2008. 21(2): p. 494-502.

3. Reproductive and Cancer Hazard and Assessment Branch, Evidence on the Carcinogenicity of Marijuana Smoke, C.E.P.A.

Office of Environmental Health Hazard Assessment, Editor. 2009.

4. Section 22950.5(c), in California Business and Professions Code.

5. California Health and Safety Code Section 11362.3 (a).

6. Cummings, K.M., et al., Marketing to America's youth: evidence from corporate documents. Tobacco Control, 2002. 11(suppl 1): p. i5-i17.

7. Boonn, A., State Cigarette Excise Tax Rates & Rankings. 2016, Campaign for Tobacco Free Kids: Washington, D.C.

8. Leatherdale, S.T. and J.M. Strath, Tobacco retailer density surrounding schools and cigarette access behaviors among underage smoking students. Annals of Behavioral Medicine. 33(1): p. 105-111.

9. McCarthy, W.J., et al., Density of Tobacco Retailers Near Schools: Effects on Tobacco Use Among Students. American Journal of Public Health, 2009. 99(11): p. 2006-2013.

10. Public Resources Code Section 5008.10.

11. Moreland-Russell, S., et al., Disparities and Menthol Marketing: Additional Evidence in Support of Point of Sale Policies.

International Journal of Environmental Research and Public Health, 2013. 10(10): p. 4571-4583.

12. Balbach, E.D., R.J. Gasior, and E.M. Barbeau, R.J. Reynolds’ Targeting of African Americans: 1988–2000. American Journal of Public Health, 2003. 93(5): p. 822-827.

13. Chuang, Y.-C., et al., Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. Journal of Epidemiology and Community Health, 2005. 59(7): p. 568-573.

14. Peterson, N.A., et al., Tobacco outlet density and demographics at the tract level of analysis in New Jersey: A statewide analysis. Drugs: Education, Prevention and Policy, 2011. 18(1): p. 47-52.

15. Henriksen, L., et al., Reaching youth at the point of sale: cigarette marketing is more prevalent in stores where adolescents shop frequently. Tobacco Control, 2004. 13(3): p. 315-318.

16. Henriksen, L., et al., Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? Preventive Medicine, 2008. 47(2): p. 210-214.

17. Business and Professions Codes Section 26200.

18. California Department of Public Health, California Tobacco Control Program. Online California Adult Tobacco Survey 2019 (Wave 1 and 2). Sacramento, CA: California Department of Public Health; 2020. 207
www.publichealthlawcenter.org
May 2021 SMOKE-FREE

HOUSING
Exposure to secondhand
smoke is not just a discomfort
and an annoyance, but a serious
health hazard.1
For tenants and owners of multi-unit housing,
such as apartments and common interest
communities, commercial tobacco smoke from a
neighboring unit that infiltrates their homes can
pose a daily problem.2 As a result, many local
governments, housing authorities, and property
owners of multi-unit housing are taking proactive
steps to prevent or eliminate secondhand smoke
from infiltrating living space and to provide
housing that is 100 percent smoke-free. This
guide provides basic guidelines to communities
about policies that address secondhand smoke
infiltration in multi-unit housing.3
The Public Health Law Center has created this series of legal technical assistance guides to serve as a starting point for organizations interested in implementing certain tobacco control measures. We encourage you to consult with local legal counsel before attempting to implement these measures.4 For more details about these policy considerations, please contact the Center.

REGULATING SMOKING

IN MULTI-UNIT HOUSING
208
www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 2 Policy Benefits
A smoke-free policy for a multi-unit housing complex, such as an apartment building or common interest community, can benefit all parties concerned — residents, as well as landlords and property owners.
{ Protection from Secondhand Smoke: Secondhand smoke travels through lighting fixtures, cracks in walls, around plumbing, under doors, and in shared heating/ventilation.

Drifting smoke outdoors can travel into nearby windows, doors, and ventilation systems.

Tobacco smoke exposes users and bystanders to serious health risks, such as lung cancer, cardiovascular disease, asthma attacks, respiratory infections, sudden infant death syndrome, and other conditions.5 Air quality experts have concluded that “the only means of avoiding health effects and eliminating indoor [environmental tobacco smoke] exposure is to ban all smoking activity inside and near buildings.”6 The most important benefit of a smoke-free housing policy is that it enables residents, employees, and other visitors to breathe air free of hazardous secondhand smoke.
{ Market Advantage: Surveys show that a growing number of residents and owners are seeking smoke-free housing and are willing to pay more to ensure their home environments are smoke-free.7 Apartments, and units in common interest communities that smell of smoke are harder to rent and sell.
{ Reduced Costs: Smoke-free housing policies can save landlords and property owners excess building maintenance costs, because cleaning and replacement expenses are significantly higher in units with residents who smoke. Depending on the length of residency and amount of smoking in a unit, turnover costs can be hundreds of dollars higher for units in which smoking has occurred. All of the following can add to these costs:
cleaning or repainting walls; cleaning or replacing carpets, drapes, appliances and fixtures exposed to smoke; or replacing floors and countertops burned by cigarettes.8 { Reduced Fire Risk: The use of cigarettes and other combustible tobacco products is a leading cause of residential building fires and a cause of almost a quarter (23 percent) of annual home fire deaths.9 A smoke-free policy reduces the risk of fire and provides increased safeguards to tenants and their property.
{ Positive Modeling: Multi-unit housing developments are often highly visible within a community. Thus, when a development adopts a smoke-free policy, the public, local government and organizations learn of the benefits of such a policy and may be encouraged to adopt similar measures in other settings. Moreover, since children and youth May 2021
209
www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 3 often reside in multi-unit housing developments, a smoke-free policy can help reduce youth initiation through positive modeling behavior.
{ Legal Liability: The rise of smoke-free housing policies has spurred an increased awareness of the legal liability of landlords, management companies, condominium associations, co-op owners and residents who smoke to prevent secondhand smoke exposure.10 Lawsuits related to secondhand smoke exposure in housing include claims based on legal theories such as nuisance, warranty of habitability, and quiet enjoyment.11 In addition, residents with pre-existing physical conditions aggravated by secondhand smoke may file complaints under disability laws, such as the Fair Housing Act.12
Policy Elements
An effective smoke-free housing policy typically includes the following elements:
{ An introduction that explains the policy’s purpose.
{ Clear, consistent definitions of important terms, such as “smoking,” “smoke,” “premises,” and “common area,” to help ensure that the policy is interpreted, implemented, and enforced in ways that effectively protect the entire community within a building or complex. ] A comprehensive definition of smoking would include the use of electronic cigarettes and lighted or heated tobacco, nicotine, or other plant products, including hookah and marijuana.
{ Description of who must comply, such as tenants, guests, employees, and business visitors. { Disclaimers that the landlord, management company, or homeowners association is not acting as a guarantor of the policy. This provision helps protect landlords, management companies, or homeowners associations of smoke-free buildings from claims brought by tenants injured as a result of unknown policy violations. { A provision allowing one tenant to bring a claim directly against another tenant based on secondhand smoke intrusion. The non-smoking tenant could get a court order requiring the tenant who smokes to take action to stop the smoke infiltration. { Graduated enforcement provisions that provide warnings, cessation information and opportunities for residents to remedy violations before more punitive measures are taken, such as fines or eviction.13
May 2021
210
www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 4 { Clear guidelines related to enforcement, including the following:
] Where the policy will be enforced (e.g., in common areas, units, balconies, patios, outdoor areas, and/or setbacks from entrances)
] How it will be enforced (e.g., through verbal warnings, warning letters, fines, and/or eviction) ] The responsibilities of property managers, including requirements to post warning signs and consistently enforce the policy
] The responsibilities of tenants, including an obligation to notify guests and visitors of the policy and to report violations)
] A requirement that smoke-free leases and agreements be signed by both parties (e.g., the tenant and the landlord)
Other Policy Considerations
Some jurisdictions encourage or require landlords, management companies, or homeowners associations to adopt smoke-free policies in multi-unit dwellings. Before adopting a smoke-free policy, landlords, management companies, or homeowners associations should review the local laws to ensure that the property’s smoke-free policy will complement any existing requirements.

Smoke-free Affordable Housing. The trend toward smoke-free affordable housing is accelerating. In recent years, multiple federal agencies and the Surgeon General have encouraged the development of smoke-free affordable housing.14 Significantly, the U.S. Department of Housing and Urban Development (HUD) now prohibits smoking in all public housing, meaning that individuals may no longer smoke in individual units, common areas, or within 25 feet of residential and administrative public housing buildings.15 Some public housing authorities are also requiring mixed-finance properties and project-based housing voucher properties to be smoke-free, and some are making their smoke-free policies stricter than HUD requires (by, for example, prohibiting e-cigarette use).16 Landlords that accept individual Housing Choice Vouchers may adopt smoke-free policies of their own.17 For more information about this rule, visit the HUD website or read HUD’s Smoke-free Public Housing Rule: An Overview.

Low Income Housing Tax Credit. The Low Income Housing Tax Credit program provides federal tax credits to states and local government units to stimulate the development of affordable housing.18 Local governments can develop criteria for the type of housing they want in their communities. States such as California,19 Maine,20 Minnesota,21 and New Hampshire,22 as well as cities such as Minneapolis and St. Paul, Minnesota,23 have included the adoption of smokeMay 2021 211
www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 5 free policies for proposed building projects as mandatory prerequisites or as optional criteria for consideration in the awarding of tax credits.

Requiring Smoke-free Multi-Unit Housing. Some jurisdictions prohibit smoking in multi-unit housing. In Belmont, California, for example, smoking is not allowed in common areas, individual units of multi-unit housing, or outdoors within 20 feet of windows or doors.24 As of March 2021, the only such policies are city or county policies in California. A list of jurisdictions with these policies in place is available from the American Nonsmokers’ Rights Foundation. 25 Disclosing Smoking Policies for Multi-Unit Buildings. A growing number of communities are requiring that multi-unit rental apartment buildings and common interest communities disclose their smoking policies to prospective tenants and buyers. For example, Oakland, California,26 and the State of Oregon27 have passed laws that require the owners of rental apartment buildings to disclose the smoking policies for their buildings, whether the policies are smoking permitted, smoking restricted, or smoke-free. The laws do not mandate that units be smokefree; they simply require that prospective tenants be notified of the smoking policies and location of smoking and non-smoking units. The Oakland ordinance also requires that sellers of condominiums disclose the smoking policy for the unit and the complex.28 When a smokefree or smoking permitted disclosure statement is included in a standard lease for multi-unit dwellings, tenants are alerted to living environments that may be hazardous to their health.

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www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 6 Disclosure policies are not as effective in protecting public health as policies that prohibit smoking, but they can serve a role in alerting policymakers to the dangers of secondhand smoke in residential settings and provide prospective tenants or buyers with helpful information.

Examples of Select Policies
Below are examples of smoke-free policies in select multi-unit housing locations. If you consider adapting any language from these policies, take care to ensure the provision in question is practical and legal in your jurisdiction. Please note that the Public Health Law Center does not endorse or recommend any of the following policies. These examples are included simply to illustrate how different multi-unit housing developments have approached the smoke-free issue.

Name Location Sample Policy
California Apartment Association California Sample Smoke-free Lease Addendum Breathe Easy Maine Maine Model Smoke-free Policies and Other Documents Smoke-Free Apartments Maryland Rental Model Smoke-free Lease Addendum for Multi-Unit Dwellings
Common Interest Community Model Smoke-free
Lease Addendum for Multi-Unit Dwellings
Live Smoke Free Minnesota Model Smoke-free Policies and Other Documents Utah Department of Health Utah Model Smoke Free Policies and Related Documents Other Helpful Resources
The Public Health Law Center has a web page containing several publications and resources on smoke-free policies in apartments, condominiums, affordable housing, and other multiunit dwellings, and best practices for smoke-free policies. In addition, the site includes a Minnesota-specific Model Smoke-Free Lease Addendum (2020); Model Smoke-Free Condo Policy (2020); and information on Smoke-Free Tribal Housing Policies (2020); Smoke-free MultiUnit Housing: Equitable Enforcement Strategies (2020); and Marijuana in Multi-Unit Residential Settings (2019). Other organizations, such as Americans for Nonsmokers’ Rights, have web pages containing the latest news and resources on smoke-free housing initiatives.

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www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 7 Contact Us
Please feel free to contact the Public Health Law Center at publichealthlaw@mitchellhamline. edu with any questions about the information included in this guide or to discuss local concerns you may have about implementing such a policy.

This publication was prepared by the Public Health Law Center at Mitchell Hamline School of Law, Saint Paul, Minnesota. The Center provides information and technical assistance on law and policy issues related to public health. The Center does not provide legal advice or enter into attorney-client relationships, and this document should not be considered legal advice. This publication was made possible by funding from Clean Air for All: The Smoke-Free Public Housing Project and the Robert Wood Johnson Foundation. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of Clean Air for All or the Foundation.

Endnotes
1 U.S. Dep’t of Health & Human Servs., The Health Consequences of Smoking — 50 Years of Progress: A Report of the Surgeon General (2014), https://www.hhs.gov/sites/default/files/consequences-smoking-exec-summary.pdf. 2 The Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. Comparatively, commercial tobacco is manufactured with chemical additives for recreational use and profit resulting in disease and death. For more information visit: http://www.keepitsacred.itcmi.org.

When the word “tobacco” is used throughout this document, a commercial context is implied and intended. 3 This publication contains general guidelines on smoke-free housing that could apply to all multi-unit housing types, including common interest communities and rental properties, including condominium associations, as well as tenants and property managers.
4 The information contained in this document is not intended to constitute or replace legal advice. 5 U.S. Dep’t of Health & Human Servs., supra note 1, at 2-4. 6 Am. Soc’y of Heating, Refrigerating & Air-Conditioning Eng’rs, ASHRAE Position Document on Environmental Tobacco Smoke 5 (2020), https://www.ashrae.org/File%20Library/About/Position%20Documents/pd_environmental-tobacco-smoke-2020-07-1.pdf. 7 Smokefree Housing Project, A Landlord’s Guide to No-Smoking Policies 5, https://www.co.lincoln.or.us/sites/default/files/fileattachments/health_amp_human_services/page/4327/landlordguide.pdf. 8 Rachel E. Wilbur et al., 12 Smoke-Free Multiunit Housing Policy: Caretakers’ Perspectives on Economic and Personal Impacts, Int’l J. Env’t Rsch. Pub. Health 8092, 8093 (2015), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4515710/pdf/ ijerph-12-08092.pdf (“Few studies … have attempted to document the actual cost savings achieved at properties with a smoke-free MUH policy. Ong et al. found that properties with a comprehensive smoke-free policy experienced fewer smoking-related costs than properties with a partial or non-existent smoke-free policy, with properties experiencing average smoking-related costs of $282 per unit. Further, in a study of affordable housing properties in North Carolina, property managers reported that turnover costs are on average $348 higher in units where tenants have smoked.”). 9 Marty Ahrens, Nat’l Fire Prot. Ass’n, Home Fires Started by Smoking 1 (2019), https://www.nfpa.org/-/media/Files/ News-and-Research/Fire-statistics-and-reports/US-Fire-Problem/Fire-causes/ossmoking.ashx.

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www.publichealthlawcenter.org Regulating Smoking in Multi-Unit Housing 8 10 Susan Schoenmarklin, Tobacco Control Legal Consortium, Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009 (2009), https://publichealthlawcenter.org/sites/default/files/resources/ tclc-syn-condos-2009.pdf.
11 Id. at 4-10.
12 Fair Housing Act, 42 U.S.C. §§ 3601–3631. The Fair Housing Act prohibits discrimination against people with disabilities, including those with severe breathing problems. It applies to owners and operators of most housing, including apartments and project-based housing vouchers and other HUD-assisted housing. 13 Public Health Law Center, Smoke-free Multi-unit Housing: Equitable Enforcement Strategies (2020), https://www.publichealthlawcenter.org/sites/default/files/resources/SF-MUH-Equitable-Enforcement-Strategies.pdf. 14 Fed. Healthy Homes Work Grp., Advancing Healthy Housing: A Strategy for Action (2013), https://www.hud.gov/ sites/documents/STRATPLAN_FINAL_11_13.PDF; U.S. Dep’t of Housing & Urban Dev., Leading our Nation to Healthier Homes: The Healthy Homes Strategic Plan (2009), https://www.hud.gov/sites/dfiles/HH/documents/hh_strategic_plan. web_posting.pdf; Unnumbered Letter from Tammye Treviño, Administrator, Housing and Community Facilities Program, to State Directors Rural Development, November 21, 2012, http://www.carh.org/wp-content/uploads/2015/08/MC_RDSmokeFreePolicy.pdf. 15 U.S. Dep’t of Housing & Urban Dev., Smoke-Free Policy Recommended Checklist, https://www.hud.gov/sites/documents/2_SMOKEF_POLICYCHECKLIST.PDF. 16 Id.; Smokefree Public Housing — One Year Later, Am. Nonsmokers’ Rights Found. (July 11, 2019), https://no-smoke.org/ smokefree-public-housing-one-year-later.
17 See Smokefree Public Housing — One Year Later, supra note 16. 18 Low-income Housing Tax Credits, U.S. Dep’t of Housing & Urban Dev., https://www.huduser.gov/PORTAL/datasets/lihtc. html (last updated June 5, 2020).
19 Cal. Code Regs. tit. 4, § 10325(c)(8)(C) (2019).
20 99-346 Me. St. Hous. Auth. § 5(L) (2020).
21 Live Smoke Free, Low-Income Housing Tax Credits in Minnesota 1 (2020), https://mnsmokefreehousing.org/wp-content/uploads/Low-Income-Housing-Tax-Credits-in-MN.pdf. 22 N.H. Hous. Fin. Auth. 109.06(I) (2020).
23 Live Smoke Free, Low-Income Housing Tax Credits in Minnesota 1 (2020), https://mnsmokefreehousing.org/wp-content/uploads/Low-Income-Housing-Tax-Credits-in-MN.pdf. 24 Belmont, Cal., Municipal Code § 20.5-3(a)(3)-(4) (2021). 25 Am. Nonsmokers’ Rights Found., U.S. Laws for 100% Smokefree Multi-Unit Housing (2021), https://no-smoke.org/ wp-content/uploads/pdf/smokefreemuh.pdf.
26 Oakland, Cal., Municipal Code § 8.30.050 (2021)..
27 Or. Rev. Stat. § 90.220(4) (2021).
28 Oakland, Cal., Municipal Code § 8.30.050 (2021).

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1 Matrix of Smokefree Multi-Unit Housing Policies in California March 2022
California municipalities are at the forefront of expanding smokefree air protections by adopting policies that regulate smoking in multi-unit housing in order to create healthier living environments for residents by reducing exposure to drifting secondhand smoke.

This matrix provides an overview of key policy provisions in the 90 California municipalities that have enacted ordinances that at minimum regulate smoking in private units of multi-unit housing. Overall, 185 California municipalities regulate smoking in multi-unit housing to some extent. The municipalities not included on this matrix have enacted policies that regulate smoking in multi-unit housing to a lesser extent than in private units (i.e. indoor common areas, outdoor common areas, and/or outdoor private use areas like balconies and patios) or limit the regulation of smoking to publically owned/affordable multi-unit housing.

Note: This matrix includes both policies that are on the PETS website, which is current through March 31, 2021, and more recently enacted and analyzed policies that are not yet in the PETS database. Jurisdictions with new or updated policy provisions on this matrix, but not yet on PETS, are denoted by ~. The matrix does not include policies that have not yet been analyzed by ANRF staff. See note on last page for further info.
90 California municipalities have enacted ordinances that regulate smoking in private units of multi-unit housing (MUH):*  38 municipalities require all MUH properties with 2 or more units to be 100% smokefree indoors—both rental units and condominium/owner-occupied units—and including e-cigarette use and marijuana smoking/vaping.** The names of municipalities with these strongest policies are in bold.
 52 municipalities require all MUH properties with 2 or more units to be 100% smokefree indoors for tobacco—both rental units and condominium/owner-occupied units—but may not fully include e-cigarette use and/or marijuana smoking/vaping in the policy.  10 municipalities require all rental MUH properties with 2 or more units to be 100% smokefree indoors but exempt some or all condominium/owner-occupied units.
 19 municipalities have partial policies that require some, but not all, units or buildings to be smokefree, or contain other exemptions such as allowing existing residents to continue smoking in their unit. These weaker, partial policies are in blue text. 216
2 * The 90 municipalities that regulate smoking in private units of multi-unit housing to some extent cover 5,112,610 Californians, or 13% of the state population.
** The 38 municipalities with the strongest multi-unit housing laws cover 1,988,512 Californians, or 5.1% of the state population.

See Definitions and Explanatory Notes starting on page 9.

Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

1. Alameda Alameda 11/15/2011 1/1/2013
(13.5 months) 78,522 2 100% No Yes Yes Yes

2. Albany Alameda 2/21/2017 3/24/2018
(13 months) 19,804 2 100% No Yes Yes Yes

3. Baldwin
Park Los Angeles 11/2/2011
6/21/12 new,
12/2/14 existing
(3 years)
75,892 2
100% new/
80% existing No Yes Yes Smoking Prohibited

4. Bell Gardens Los Angeles 10/14/2019 6/1/2021
(20 months) 42,421 3 100% No Yes Yes Yes

5. Belmont San Mateo 10/9/2007 1/8/2009
(15 months) 27,097 2 100% No Yes Yes Yes

6. Belvedere Marin 10/10/2016 11/9/2017
(13 months) 2,134 2 100% No Yes Yes Yes

7. Benicia Solano 12/3/2019 9/2/2020
(9 months) 28,192 2 100% No Yes Yes Yes

8. Berkeley~ Alameda 12/17/2013,
10/27/2020
5/1/2014
(4.5 months) 121,485 2 100% No Yes Yes Yes

9. Beverley
Hills Los Angeles 10/3/2017 1/1/2019(15 months) 34,186 2 100% No Yes Yes Vaping Prohibited

10. Brisbane San Mateo 11/3/2016 6/3/2017
(6.5 months) 4,697 2 100% No Yes Yes Medical Use Exempt

11. Burbank Los Angeles 10/5/2010 5/1/2011
(7 months) 103,703 2 N/S1 No Yes No (Not Addressed) Yes 217
3 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

12. Burlingame San Mateo 8/17/2015 2/13/2016
(6 months) 30,576 2 100% No No No (Not Addressed)
Medical Use
Exempt

13. Calabasas Los Angeles 1/16/2008 1/1/2012
(4 years) 23,988 2 80% Yes No Yes Yes

14. Clayton Contra Costa 5/1/2018 5/1/2019
(12 months) 12,083 2 100% No Yes Yes Yes

15. Compton Los Angeles 10/25/2011 1/1/2013
(14 months) 96,803 3 100% No Yes Yes Yes

16. Concord Contra Costa 1/7/2020 1/1/2021
(12 months) 129,183 2 100% No Yes Yes Yes

17. Contra Costa
County^
Contra Costa 3/13/2018 7/1/2019
(15.5 months) 177,494 2 100% No Yes Yes Yes

18. Corte
Madera~
Marin 5/6/2014,
5/4/2021
12/2/14 new,
6/5/15 existing
(13 months)
9,838 2 100% No Yes Yes Yes

19. Cotati Sonoma 10/13/2015 1/1/2017
(14.5 months) 7,454 2 100% No Yes Yes Medical Use Exempt

20. Crescent
City Del Norte 11/16/2020
1/1/21 new,
1/1/22 existing
(14 months)
6,676 2 100% No Yes Yes Yes

21. Culver City Los Angeles 10/27/2014 5/26/2016
(19 months) 39,169 2 100% No Yes Specifically Exempt
Smoking
Prohibited

22. Cupertino~ Santa Clara 6/16/2021 10/1/2021
(3.5 months) 60,257 2 100% No Yes Yes Yes

23. Daly City San Mateo 10/22/2012 1/21/2014
(15 months) 106,677 2 100% No No Yes Yes

24. Danville Contra Costa 11/17/2015 5/1/2016
(5.5 months) 44,605 3 100% No Yes Yes Yes

25. Dublin Alameda 7/19/2011 1/1/2013
(17.5 months) 61,240 16 75% No No Yes Yes
218
4 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

26. El Cerrito Contra Costa 10/7/2014 10/1/2015
(12 months) 25,398 2 100% No Yes Yes Yes

27. El Monte Los Angeles 1/19/2016 8/19/2017
(19 months) 115,517 3 100% No Yes Yes Medical Use Exempt

28. Emeryville Alameda 9/17/2018 7/1/2019
(9.5 months) 11,899 2 100% No Yes Yes Yes

29. Fairfax Marin 6/1/2011 9/1/2012
(15 months) 7,578 4 75% No No Yes Yes

30. Firebaugh Fresno 5/20/2019 7/1/2019
(1.5 months) 8,300 2 100% No Yes Yes Yes

31. Foster City San Mateo 11/17/2014 11/5/2015
(11.5 months) 33,997 N/S 100% No Yes Yes Yes

32. Fremont Alameda 12/6/2016 2/1/2017
(2 months) 235,740 2
100% new/
0% existing No Yes Yes Yes

33. Glendale Los Angeles 5/28/2013 6/27/2013
(1 month) 200,232 2
100% new/
0% existing No Yes No (Not Addressed) Yes

34. Half Moon
Bay San Mateo 10/16/2018 1/15/2020(15 months) 12,834 2 100% No Yes Yes Medical
Vaping
Exempt

35. Healdsburg Sonoma 5/6/2019 5/6/2020
(12 months) 11,845 2 100% No Yes Yes Yes

36. Hercules Contra Costa 5/14/2019 7/1/2020
(14 months) 25,616 10 100% No Yes Yes Yes

37. Huntington
Park Los Angeles 3/5/2012 7/1/2013(16 months) 58,353 2
100% rental/
80% condos
Yes,
condos 80% Yes Yes

38. Jurupa
Valley~
Riverside 2/4/2021
3/6/21 new,
8/3/21
designated units
(6 months)
105,653 3
100% new/
designated
existing units
Yes No Yes Yes
219
5 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

39. Lafayette Contra Costa 11/12/2013 2/10/2014
(3 months) 26,305 3
100% new/
0% existing Yes Yes Specifically Exempt
No (Not
Addressed)

40. Larkspur Marin 4/20/2011
5/20/11 new,
11/17/11
existing
(7 months)
12,319 2
100% new/
80% existing Yes Yes No (Not Addressed) Yes

41. Loma Linda San
Bernardino 6/24/2008 1/1/2012 (3.5 years) 24,184 2 70% Yes No No (Not Addressed) Smoking
Prohibited

42. Los Gatos Santa Clara 5/26/2016 6/25/2017
(13 months) 30,729 2 100% No No Yes Yes

43. Manhattan
Beach Los Angeles 10/20/2015 5/5/2017(18.5 months) 35,500 3 100% No Yes Yes Yes

44. Marin
County^ Marin 5/22/2012
2/16/13 new,
8/20/13 existing
(15 months)
68,252 2
100% new/
80% existing No Yes Specifically Exempt
Medical Use
Exempt

45. Mill Valley Marin 10/19/2015 11/18/2016
(13 months) 14,330 2 100% No Yes Yes Yes

46. Millbrae San Mateo 7/23/2019 1/1/2020
(5 months) 22,625 2 100% No Yes Yes Yes

47. Milpitas~ Santa Clara 6/15/2021 1/1/2022
(6.5 months) 79,517 2 100% No Yes Yes Yes

48. Moorpark Ventura 12/20/2017 2/1/2019
(13.5 months) 36,372 2 100% No No Yes Yes

49. Morro Bay San Luis
Obispo 4/28/2020 8/1/2020(3 months) 10,578 2 100% No Yes Yes Yes

50. Mountain
View~
Santa Clara 6/8/2021 1/1/2022
(6.5 months) 81,656 3 100% No Yes Yes Yes

51. Novato Marin 1/24/2017 1/1/2018
(11 months) 55,642 2 100% No Yes Yes Yes
220
6 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

52. Oakley Contra Costa 2/11/2014 4/1/2014
(1.5 months) 41,324 2
100% new/
0% existing No Yes No (Not Addressed)
Vaping
Exempt

53. Pacific
Grove Monterey 12/18/2019 10/1/2021(21.5 months) 15,522 2 100% No Yes Yes Yes

54. Pacifica San Mateo 9/9/2019 10/9/2020
(13 months) 38,984 2 100% No Yes Yes Yes

55. Palo Alto~ Santa Clara 1/9/2017 1/1/2018
(12 months) 66,573 2 100% No Yes Yes Smoking Prohibited

56. Pasadena Los Angeles 7/11/2011 1/1/2013
(18 months) 141,258 2 100% No Yes No (Not Addressed) Yes

57. Petaluma Sonoma 1/28/2013 1/1/2014
(11 months) 60,767 2 100% No Yes Yes Yes

58. Pinole Contra Costa 9/17/2019 10/18/2019
(1 month) 19,279 2 100% No Yes Yes No (Not Addressed)

59. Pleasant Hill Contra Costa 4/5/2010
4/5/10 new,
1/1/16 existing
(5 years)
34,840 4
100% new/
50% existing No No Yes Vaping Prohibited

60. Pleasanton Alameda 9/5/2017 10/4/2018
(13 months) 81,717 2 100% No No Yes
Medical Use
Exempt in
Outdoor
area

61. Rancho
Cordova Sacramento 10/5/2020 10/5/2021(12 months) 73,147 2 100% No Yes Yes Yes

62. Redwood
City San Mateo 11/13/2017 1/1/2019(13.5 months) 85,784 2 100% No Yes Yes Yes

63. Richmond Contra Costa 7/21/2009 1/1/2011
(17.5 months) 109,884 2 100% No Yes Yes
Medical
Smoking
Exempt

64. Rohnert
Park Sonoma 1/23/2018 4/23/2018(3 months) 42,902 2 100% No Yes Yes Yes 221
7 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

65. Ross Marin 1/11/2019 2/9/2020
(13 months) 2,290 2 100% No Yes Yes Yes

66. San
Anselmo Marin 12/9/2014 1/8/2016(13 months) 12,525 2 100% No Yes Yes Yes

67. San Bruno San Mateo 11/22/2016 2/22/2018
(15 months) 43,083 2 100% No Yes Yes Yes

68. San Carlos San Mateo 4/8/2019 7/8/2020
(15 months) 30,154 2 100% No Yes Yes Yes

69. San Mateo San Mateo 7/17/2017 8/16/2017
(1 month) 104,333 2 100% No Yes Yes Yes

70. San Mateo
County^
San Mateo 11/4/2014 2/4/2016
(15 months) 65,392 2 100% No Yes Yes Specifically Exempt

71. San Pablo Contra Costa 2/18/2020 7/1/2021
(16.5 months) 30,967 2 100% No No Yes Yes

72. San Rafael Marin 10/15/2012 11/14/2013
(13 months) 58,775 3 100% No Yes Specifically Exempt
No (Not
Addressed)

73. Santa Clara Santa Clara 2/5/2019 8/1/2019
(6 months) 127,721 2 100% No Yes Yes Yes

74. Santa Clara
County^
Santa Clara 11/9/2010 2/9/2012
(15 months) 83,699 2 100% No Yes Yes No (Not Addressed)

75. Santa
Monica Los Angeles 10/23/2012 11/22/2012 (1 month) 91,577 N/S 100% new/
Designated
existing units
Yes Yes Yes Yes

76. Santa Rosa Sonoma 7/7/2015 8/7/2016
(13 months) 179,701 2 100% No Yes Yes Yes

77. Saratoga Santa Clara 8/17/2016 9/16/2016
(1 month) 30,697 4 100% No No Yes Yes

78. Sausalito Marin 7/31/2012
2/27/13 new,
8/30/13 existing
(13 months)
7,116 2
100% new/
80% existing No Yes Yes
Medical
Smoking
Exempt
222
8 Policy Provisions
Municipality County
Key

Enactment
Date
Effective Date
(Phase-in Time) Population Minimum # of Units
% of Units
Smokefree
Exempts
Existing
Residents
Includes
Condos
Includes
E-Cigarette
Use
Includes
Smoking/
Vaping
Marijuana

79. Sebastopol Sonoma 8/3/2010 11/2/2011
(15 months) 7,760 2 100% No Yes Yes Medical Use Exempt

80. Sonoma Sonoma 11/8/2016 12/12/2016
(1 month)
11,075 2 100% No Yes Yes Yes

81. Sonoma
County^
Sonoma 9/13/2011 1/12/2013
(16 months) 142,067 2 100% No Yes No (Not Addressed)
No (Not
Addressed)

82. South
Pasadena Los Angeles 8/4/2010
3/3/11 new,
9/4/13 existing
(3 years)
25,661 2
100% new/
80% existing No Yes Yes Yes

83. South San
Francisco San Mateo 11/9/2016 11/9/2017(12 months) 67,408 2 100% No Yes Yes Yes

84. Sunnyvale Santa Clara 2/23/2016 9/23/2016
(7 months) 152,770 2 100% No Yes Yes Yes

85. Temecula Riverside 5/8/2007
11/8/07 new,
6/7/12 existing
(5 years)
113,381 10 25% Yes N/S No (Not
Addressed)
Medical Use
Exempt

86. Tiburon Marin 7/18/2018
10/18/2018
(3 months)
9,144 3 100% No Yes Yes Yes

87. Union City Alameda 11/23/2010 2/23/2012
(15 months) 74,722 2 100% No No Yes Yes

88. Walnut
Creek Contra Costa 10/1/2013 1/30/2014(4 months) 69,567 2 100% No Yes Yes Medical
Vaping
Exempt

89. West
Hollywood~
Los Angeles 4/19/2021 5/19/2021
(1 month)
36,450 3
100% new/
0% existing No Yes Specifically Exempt
Smoking
and Vaping
Exempt

90. Windsor Sonoma 5/17/2017 8/15/2017
(3 months) 27,447 2 100% No Yes Yes Yes
223
9 Explanatory Notes:

Policies that require all rental and condominium/owner-occupied properties with 2 or more units to be 100% smokefree—and include ecigarette use and marijuana smoking/vaping—are in bold.

Policies that require all rental and condominium/owner-occupied properties with 2 or more units to be 100% smokefree—whether or not the policy addresses e-cigarette use and marijuana smoking/vaping—have a blue background.

Policies that require MUH units to be 100% smokefree but apply to buildings with 3 or more units, or do not fully include e-cigarette use and/or marijuana smoking/vaping in the policy—are not bolded.

Partial policies that require less than 100% of rental units to be smokefree are listed in blue text. ^ = Policy applies only to unincorporated areas of the county. Population listed is for unincorporated areas of the county. ~ = Jurisdiction has new or updated policy provisions not yet available on the PETS website.

N/S = Not Specified: The law does not provide details on this policy provision. 1 = Smoking prohibited in multi-unit buildings when units share heating or cooling systems.

Note: ANRF is aware of additional smokefree housing policies enacted in jurisdictions—including Alameda County, Fresno, and Marin County—which will be added to the matrix once the policies have undergone PETS analysis.

Definitions:

Key Enactment Dates: The date of the jurisdiction’s primary policy addressing smoking in units of MUH, as well as the dates of any significant amendments to the policy. Jurisdictions may have enacted multiple policies regulating smoking in MUH. Effective Date: The final date when the primary policy is in full effect. Policies often have an initial effective date for when common areas and newly occupied units must be smokefree, and a final effective date when the policy is in effect for residents living in the building at the time the policy is enacted.

Phase-in Time: The length of time between the policy’s enactment date and when it went into full effect. The phase-in time does not reflect the unknown date in the future when buildings will be 100% smokefree for policies that exempt existing residents indefinitely.

Minimum # of Units: The minimum number of units in MUH buildings that are necessary for the policy to apply. The best practice is for policies to apply to MUH buildings with 2 or more units. 224
10 % of Units Smokefree: The percent of units in MUH buildings that are required to be smokefree when the law is fully in effect. The best practice is for policies to require 100% of units in all MUH buildings to be smokefree. If a policy has different requirements for new units versus existing units, the percentages are specified as “X% new, Y% existing.” Existing Residents Exempt: Indicates if the policy allows residents living in MUH buildings at the time the law is adopted to continue smoking in their unit indefinitely. This exemption is often referred to as a grandfathering provision.

Includes Condos: Indicates if the policy covers condominiums, townhomes, and other types of owner-occupied MUH buildings.

Includes E-Cigarettes: Indicates if policy regulates the use of electronic smoking devices, like e-cigarettes and other vaping products, in the same manner as it regulates smoking tobacco. As of 2016, the California Business and Professions Code Section 22950.5(c) defines smoking to include the use of an electronic smoking device. This matrix reflects the language included in each municipal policy, some of which do not address the use of these products or include exemptions that may not be consistent with current state definitions.

Includes Marijuana: Indicates if policy regulates smoking and vaping marijuana/cannabis in the same manner as it regulates smoking tobacco. Since 2017, California Health and Safety Code Section 11362.1(2) prohibits smoking marijuana/cannabis in almost all locations where smoking tobacco is prohibited, including residential areas. This matrix reflects the language included in each municipal policy, some of which do not address marijuana/cannabis or include exemptions that may not be consistent with current state definitions.

ANR Foundation is actively collecting policies for the PETS Database. If you know of local laws that you think should be included in this matrix, or want to inquire about additional information on particular laws, please contact the ANR Foundation at [email protected]. © 2022, California Department of Public Health. This material may not be reproduced or disseminated without prior written permission from the California Department of Public Health. 225

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 14.

TITLE
Contract Award for the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

RECOMMENDATION
Adopt a Resolu5on taking the following ac5ons in conjunc5on with Green Island Rule 20A/B U5lity Undergrounding Project:

1. Awarding a construction contract to St. Francis Electric, LLC in the amount of $1,766,867,

2. Awarding a construc5on contract for overhead u5lity service conversions to RC Electric, Inc. in the amount of $29,175.46,

3. Authorizing the City Manager to enter into an agreement with Consor North America, Inc. for construction management services in an amount not to exceed $250,000, and

4. Authorizing the Public Works Director to approve Contract Change Orders in an aggregate amount not to exceed the Project Budget in conjunc5on with the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

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

BACKGROUND & ANALYSIS
Overall design of the Green Island Road Reconstruc5on and Widening Project (TR16-0700) is ongoing and nearing comple5on. As part of the road project, the sec5on of Green Island Road from Commerce Boulevard to Paoli Loop will be widened to improve exis5ng, and provide new transporta5on facili5es, including three traffic lanes (two travel lanes and one center turn lane), and a dedicated Class I trail. Exis5ng u5lity poles and the overhead wireline facili5es on them conflict with the proposed roadway improvements, and therefore need to be relocated. The reloca5on process has been undertaken via Rule 20 of the California Public U5li5es Commission, and consequently the forma5on of the Green Island Road Underground U5lity District (UUD) No. 1. As part of this process, staff has worked with the various u5lity companies (Pacific Gas and Electric, AT&T, Comcast, and CableCom), and has completed the design of an underground joint trench project into which the overhead facili5es will be relocated to. Staff has subsequently completed the bid package for the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

The City solicited compe55ve bids for the Project on September 26, 2022. The Engineer’s Es5mate 226
was $1,820,000. On November 1, 2022, the following bids were received and publicly read aloud:

Bidder Total Bid Amount
St. Francis Electric, LLC $1,766,867.00
Smith Dennison Construction Co. $2,333,101.00
Teichert Utilities $2,361,200.00
A&B Construction $2,882,188.00
Veteran Pipeline Construction $3,540,601.00
The bid submiIed by St. Francis Electric, LLC in the amount of $1,766,867.00 was the apparent low bid. Staff has reviewed the bid from St. Francis Electric and found it to be both responsive and responsible. Staff has verified the contractor's qualifica5ons including valid Class A license, DIR registra5on, and references, and found them to be sa5sfactory and acceptable. The prices of the bid Items reflect reasonable and customary costs of comple5ng the work. In addi5on, the construc5on contract includes a Project Labor Agreement (Agreement) between the City and the Napa-Solano Building and Construc5on Trades Council. The purpose of the Agreement is to promote the efficiency of construc5on opera5ons for the City of American Canyon through the use of skilled labor resul5ng in quality construc5on outcomes, and to provide for the peaceful seIlement of labor disputes and grievances without strikes or lockouts, thereby promo5ng the public interest in assuring the 5mely and economical comple5on of the Project covered by this Agreement. St. Francis Electric, LLC will be required to sign the Agreement as part of their construction contract.

Staff recommends the Council award a construc5on contract to St. Francis Electric, LLC in the amount of $1,766,867.00 in conjunc5on with the Green Island Road Rule 20A/B U5lity Undergrounding Project (TR16-0703). If approved, and weather permiKng, construc5on is likely to begin in January 2023, and should be completed by May 2023.

Addi5onally, the u5lity undergrounding effort also involves the conversion of exis5ng overhead u5lity services to proper5es within the UUD. There are four (4) such proper5es for the Project.

Given the nature and 5ming of this effort, staff pursued the work under a separate contract. Staff solicited proposals via the informal bid process, and determined the proposal from RC Electric, Inc. to be the lowest responsible and responsive bid. Staff recommends the Council award a construction contract for overhead u5lity service conversions to RC Electric, Inc. in the amount of $29,175.46 in conjunction with the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

Lastly, at the start of Project design, the City had solicited proposals for Design and Construc5on Management Services for the Project, for which Consor North America, Inc. (Consor; formerly Quincy Engineering, Inc.) was ul5mately selected. However, the City elected to enter into an agreement for the Design services component only because of the an5cipated 5me that would elapse un5l the Construc5on Management services were needed, which would have likely rendered Consor’s proposal outdated. The City’s inten5on was to execute the agreement with Consor for construc5on phase services at a future date. Hence, staff recently requested an updated proposal 227
for Construc5on Management services from Consor, and has received a scope of services and fee that staff has reviewed and found to be acceptable. Staff recommends the Council authorize the City Manager to enter into an agreement with Consor North America, Inc. for construc5on management services in an amount not to exceed $250,000 in conjunc5on with the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

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

FISCAL IMPACT
The FY 2022-23 Capital Budget currently provides for a Project Budget of $3,271,975. Fund sources include TIF (Fund 320; $72,000), the Green Island CFD Special Tax (Fund 281; $3,040,000), and revenues from Utility Underground In-Lieu fees (Fund 380; $160,000).

The cost for the Rule 20 utility undergrounding Project is estimated as follows:

Expense Items Amount
Construction – Joint Trench $1,766,867
Construction Management & Inspection $250,000
Material Testing Services $90,000
Service Conversions $30,000
Contingency (20%) $430,000
Total Construction Budget $2,570,000
The above alloca5ons for the undergrounding project would result in a remaining balance of approximately $700,000 in the Project Budget. Other Project ac5vi5es/expenditures for the fiscal year include:

1. Comple5ng design of the road project and adver5sement of the construc5on contract (award is currently scheduled for Fiscal Year 23/24).

2. Working with NHA on the second bond issuance to procure the remaining funding available from the GIR CFD.

The noted project budget balance is sufficient for the above activities.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), an Ini5al Study/Mi5gated Nega5ve Declara5on (“IS/MND”), that includes a “Mi5ga5on Monitoring and Repor5ng Plan (“MMRP”), was prepared for the Project and circulated for 30 days star5ng on August 27, 2019. A No5ce of Intent ("NOI") to adopt a Mi5gated Nega5ve Declara5on (“MND”) was posted at the County Clerk in accordance with the CEQA requirements on August 27, 2019. 228
A public hearing for considera5on of the Project and its IS/MND was no5ced and held on October 1, 2019, before the City Council, which at that mee5ng determined 1) based upon the record that the Project will not have a significant effect upon the environment if the mi5ga5on measures listed in the MND and MMRP are implemented; 2) adopted the IS/MND for the Project; 3) adopted the MMRP for the Project, and 4) directed staff to file a No5ce of Determina5on for the Project consistent with the CEQA Guidelines. The IS/MND evaluated the separate ac5ons the City will take to complete the Project including the utility undergrounding work currently proposed.

ATTACHMENTS:

1. Resolution - Green Island Road Utility Project
229
RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON 1) AWARDING A CONSTRUCTION CONTRACT TO ST. FRANCIS ELECTRIC, LLC IN THE AMOUNT OF $1,766,867, 2) AWARDING A CONSTRUCTION CONTRACT TO RC ELECTRIC, INC. IN THE AMOUNT OF $29,175.46.00 AND 3) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE CONTRACT CHANGE

ORDERS IN AN AGGREGATE AMOUNT NOT TO EXCEED THE PROJECT BUDGET IN CONJUNCTION WITH THE GREEN ISLAND ROAD RULE 20A/B UTILITY UNDERGROUNDING PROJECT (TR16-0703) WHEREAS, the City of American Canyon proposes to construct the Green Island Road Reconstruction and Widening Project (“Project”) (TR16-0700); and
WHEREAS, the Project includes the widening of Green Island Road, and requires the relocation of existing overhead utility poles that would otherwise be in conflict with the widened roadway; and WHEREAS, the City Council of the City of American Canyon passed Resolution 2017-69, forming the Green Island Road Underground Utility District No. 1 for the purpose of undergrounding existing overhead utilities in conjunction with the Project; and
WHEREAS, the relocation and undergrounding of PG&E’s electrical facilities is being undertaken as a combined Rule 20A and 20B Tariff Schedule Related Work; and WHEREAS, the City has collaborated with Pacific Gas & Electric, AT&T, Comcast, and CableCom, and produced a final joint trench design to support the relocation and undergrounding of their respective facilities; and
WHEREAS, the Engineer’s Estimate for the Project is $1,820,000; and WHEREAS, the City solicited competitive bids for the Project on September 26, 2022, and on November 1, 2022, the following bids were received and publicly read aloud:

WHEREAS, staff has reviewed the bid from St. Francis Electric, LLC and found it to be both responsive and responsible; and
WHEREAS, staff finds the prices of the Bid Items reflect reasonable and customary costs for completing the work; and
230
2 WHEREAS, staff has verified the contractor’s qualifications including valid Class A license, DIR registration, and references, and found them to be satisfactory and acceptable; and WHEREAS, staff also informally solicited three (3) competitive bids for the conversion of existing overhead services to four (4) properties, and received the following proposals:

Bidder Total Bid Amount
RC Electric, Inc. $29,175.46.00
Pinnacle Power $33,551.78.00
Napa Valley Electric Non-responsive
;and

WHEREAS, staff has reviewed the bid from RC Electric, Inc. and found it to be both responsive and responsible; and
WHEREAS, staff finds the prices of the Bid Items reflect reasonable and customary costs for completing the work; and
WHEREAS, staff has verified the contractor’s qualifications including valid license, DIR registration, and references, and found them to be satisfactory and acceptable; and WHEREAS, Consor North America, Inc. (Consor; previously Quincy Engineering, Inc.) had been previously selected for both Design and Construction Management Services for the Project; and WHEREAS, due to the elapsed time, staff has requested an updated proposal from Consor for Construction Management Services; and
WHEREAS, Consor has provided an updated scope of services with a corresponding fee of $248,600, which staff has reviewed and found to be satisfactory and acceptable; and WHEREAS, the Project is in the FY22-23 Capital Budget, and has a Project Budget of $3,271,975, which includes $72,000 from Fund 320 (TIF), $3,040,000 from Fund 281 (CFD Special Tax), and $160,000 from Fund 380 (Utility Undergrounding In-Lieu fees); and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), an Initial Study/Mitigated Negative Declaration (“IS/MND”), that includes a “Mitigation Monitoring and Reporting Plan (“MMRP”), was prepared for the Project and circulated for 30 days starting on August 27, 2019; and WHEREAS, a Notice of Intent ("NOI") to adopt a Mitigated Negative Declaration (“MND”) was posted at the County Clerk in accordance with the CEQA requirements on August 27, 2019; and WHEREAS, a public hearing for consideration of the Project and its IS/MND was noticed and held on October 1, 2019, before the City Council, which at that meeting determined 1) based upon the record that the Project will not have a significant effect upon the environment if the mitigation measures listed in the MND and MMRP are implemented; 2) adopted the IS/MND for the Project; 3) adopted the MMRP for the 231
3 Project, and 4) directed staff to file a Notice of Determination for the Project consistent with the CEQA Guidelines; and
WHEREAS, the IS/MND examined the Project at the project level to allow for construction.

NOW, THEREFORE, BE IT RESOLVED that the potential environmental impacts of the Green Island Road Reconstruction and Widening Project (TR16-0700) were adequately considered and all potentially significant environmental impacts are mitigated to a less than significant level in accordance with the Initial Study and Mitigated Negative Declaration adopted by the City Council on October 1, 2019, and that the utility construction work was evaluated by that Initial Study and Mitigated Negative Declaration; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby 1) awards a construction contract to St. Francis Electric, LLC in the amount of $1,766,867, 2) awards a construction contract for overhead utility service conversions to RC Electric, Inc. in the amount of $29,175.46.00, 3) authorizes the City Manager to enter into an agreement with Consor North America, Inc. for construction management services in an amount not to exceed $250,000, and 4) authorizes the Public Works Director to approve Contract Change Orders in an aggregate amount not to exceed the Project Budget in conjunction with the Green Island Road Rule 20A/B Utility Undergrounding Project (TR16-0703).

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

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________
Taresa Geilfuss CMC, City Clerk
232

CITY COUNCIL AGENDA
NOVEMBER 15, 2022

STAFF REPORT

BUSINESS
ITEM NUMBER: 15.

TITLE
Playground Replacement Project (PR21-0100)

RECOMMENDATION
Adopt a Resolu-on taking the following ac-ons in conjunc-on with the Playground Replacement Project:

1. Authorizing a budget transfer from the Park Impact Fee Fund (310-85-450-48310) to the Capital Project Fund (350-85-450-37390) in the amount of $351,980.00;

2. Approving Award of Construc-on and Equipment Purchase Agreement with Miracle PlaySystems, Inc. for CIP Project No. PR21-0100 (Playground Replacement Project) for Linwood Park, Via Bellagio Park, and Northampton Park for an amount not to exceed $679,892.00; and

3. Authorizing the Public Works Director to approve and execute contract change orders in an aggregated amount not to exceed the project budget in conjunc-on with the Playground Replacement Project (PR21-0100).

4. Approve California Environmental Quality Act (CEQA) exemp-on pursuant to CEQA Guidelines Section 15302 for replacement and reconstruction of existing facilities.

CONTACT
Alexandra Ikeda, Parks and Recreation Director
Erica Ahmann Smithies, P.E., Public Works Director

BACKGROUND & ANALYSIS
In partnership with the American Canyon Community and Parks Founda-on (ACCPF), the City of American Canyon was awarded the State of California, Department of Parks and Recrea-on 2018 Parks Bond Act Per Capita Grant in the amount of $177,912. This project iden-fied playground replacements at Via Bellagio Park, Linwood Park, and Northampton Park.

The Playground Replacement Project (PR21-0100) was approved by City Council on June 21, 2022, as part of the Five-Year Capital Improvement Project (CIP) List - in the amount of $327,912.

AFer receiving feedback from community members and the Council on desired design features, staff and Miracle PlaySystems, Inc. developed project designs and engineer es-mates for Linwood Park (AHachments 2 and 3), Via Bellagio Park (AHachments 4 and 5), and Northampton Park 233
(AHachments 6 and 7). Each playground design is unique and turn-key. Linwood Park and Via Bellagio Park are consistent with the concept developed as part of the CIP. Northampton Park contains universal and "all-access" play experiences to meet the accessibility needs of our community.

The Playground Replacement Project (PR21-0100) was presented and discussed at the Parks and Community Services Commission (PCS) mee-ng on Thursday, October 13, 2022. The Commission recommended the Council include all the proposed components outlined above.

The City Council reviewed the Project on November 1 and directed staff to proceed with the an allaccess experience op-on. The Council also expressed interest in an expanded and/or more robust canopy structure as well as a different playground surface at Via Bellagio.

In accordance with the City of American Canyon Municipal Code Title 3, Chapter 3.12.270 D Exceptions to competitive bidding requirement, Council may authorize the execution of contracts for contractual services without observing the bidding procedures where the amount of the contract exceeds the value of five thousand dollars. Sourcewell's Coopera-ve Contracts (RFP 030117) (AHachment 8 and AHachment 9) are available and open to public and nonprofit en--es across the United States and Canada; such as federal, state/providence, municipal, K-12 and higher educa-on, tribal government, and other public entities.

In accordance with the City of American Canyon Municipal Code Title 3, Chapter 3.12, staff is recommending the Council award an equipment purchase agreement to Miracle PlaySystems, Inc. in reliance on Sourcewell's award schedule to purchase and install playground equipment for the Playground Replacement Project (PR21-0100). The lead -me for playground equipment and supplies can take 10 to 20 weeks, during this -me, demoli-on, facility prepara-on, and onsite construc-on can take place to be ready for delivery and installa-on of the playground equipment. The addi-onal options
for canopy structures and a different playground surface at Via Bellagio will be brought back to Council for further discuss/action at a later date.

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

FISCAL IMPACT
The source of the current project budget is $327,912, where $177,912 is from the 2018 Parks Bond Act Per Capital Grant, $25,000 from the LLAD Fund for Via Bellagio Park, and $125,000 from the Park Impact Fee Fund.

An addi-onal appropria-on from the Park Impact Fee Fund of $351,980 is necessary to cover the 234
proposed project budget of $679,892.00. The Park Impact Fee Fund (310-85-450-48310) balance is sufficient to cover the appropriation.

Approving an increased project budget for CIP Project No. PR21-0100 will authorize a budget transfer from the Park Impact Fee Fund (310-85-450-48310) to the Capital Project Fund (350-85-450- 37390) in the amount of $351,980. This ac-on will reduce the Park Impact Fee Fund balance for FY 22/23 from $766,757 to $414,777 and will increase the Capital Project Fund by $351,980.

ENVIRONMENTAL REVIEW
15302 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 2 exemp-on of replacement or reconstruc-on of exis-ng facili-es of Sec-on 15302 of Title 14 of the California Code of Regula-ons and said exemp-on is not negated by any excep-on under Section 15300.2 of said Regulations.

ATTACHMENTS:

1. Resolution - for CIP PR21-0100

2. Linwood Park - Playground Design

3. Linwood Park - Engineer Estimate

4. Via Bellagio Park - Playground Design

5. Via Bellagio Park - Engineer Estimate

6. Northampton Park - Playground Design

7. Northampton Park - Engineer Estimate

8. Miracle PlaySystems, Inc. - Sourcewell Letter

9. Miracle PlaySystems, Inc - Sourcewell Contract
235
RESOLUTION NO. 2022‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON 1) AUTHORIZING A BUDGET TRANSFER FROM THE PARK IMPACT FEE FUND (310‐85‐450‐48310) TO THE CAPITAL PROJECT FUND (350‐85‐450‐46110) IN THE AMOUNT OF $351,980.00; 2) APPROVING AWARD OF CONSTRUCTION AND EQUIPMENT PURCHASE AGREEMENT WITH MIRACLE PLAYSYSTEMS, INC FOR CIP PROJECT NO. PR21‐ 0100 (PLAYGROUND REPLACEMENT PROJECT) FOR LINWOOD PARK, VIA BELLAGIO PARK, AND NORTHAMPTON PARK FOR AN AMOUNT NOT TO EXCEED $679,892.00; AND 3) AUTHORIZING THE

PUBLIC WORKS DIRECTOR TO APPROVE AND EXECUTE CONTRACT CHANGE ORDERS IN AN

AGGREGATED AMOUNT NOT TO EXCEED THE PROJECT BUDGET IN CONJUNCTION WITH THE PLAYGROUND REPLACEMENT PROJECT (PR21‐0100).

WHEREAS, Linwood Park, Via Bellagio Park, and Northampton Park are important community amenities that provide recreational opportunities, contribute to the health and wellness of our community, and create valuable green space that is enjoyed and loved by all within the City of American Canyon; and WHEREAS, the City of American Canyon, in partnership with the American Canyon Community and Park Foundation applied for the State of California, Department of Parks and Recreation 2018 Parks Bond Act Per Capita Grant (Per Capita Grant) and was awarded $177,912.00 toward the purchase and installation of three playgrounds at Linwood Park, Via Bellagio Park, and Northampton Park; and WHEREAS, the Per Capita Grant will partially fund the project that includes demolition, purchase of equipment, construction, and installation at all three park locations; and WHEREAS, the Playground Replacement Project (PR21‐0100) was approved by City Council on June 21, 2022, as part of the Five‐Year Capital Improvement Project list in the Amount of $327,912.00. The sources of that budget include $177,912.00 from the Per Capita Grant, $25,000.00 from the LLAD Fund for Via Bellagio Park, and $125,000 from the Park Impact Fee Fund; and WHEREAS, after receiving feedback from community members, the Parks and Community Services Commission, and City Council members on the desired playground design and features, City staff worked exclusively with Miracle PlaySystems, Inc. to include playground equipment that provides all access and universal play experiences for all; and
WHEREAS, staff received the Project Scope of Work, including the Engineer’s Estimate for Demolition and Construction for each park location for the Project in the amount of $679,892.00; and WHEREAS, there are sufficient funds available in Park Impact Fee Fund 310‐85‐450‐48310 to appropriate an additional $351,980.00 to the project; and
WHEREAS, in accordance with the City of American Canyon Municipal Code Title 3, Chapter 3.12.270 D Exceptions to competitive bidding requirement, City Council may authorize the execution of contracts for contractual services without observing the bidding procedures where the amount of the contract exceeds the value of five thousand dollars; and
WHEREAS, Sourcewell’s Cooperative Contracts (RFP 030117) are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/providence, municipal, K‐ 236
2 12 and higher education, tribal government, and other public entities; and WHEREAS, in accordance with the City of American Canyon Municipal Code Title 3, Chapter 3.12, staff is recommending the City award an equipment purchase agreement to Miracle PlaySystems, Inc. in reliance on Sourcewell’s award schedule to purchase and install playground equipment for CIP Project No. PR21‐ 0100 in the amount not to Exceed $679,892.00; and
WHEREAS, the playground equipment replacement for Linwood Park, Via Bellagio Park, and Northampton Park for the existing park equipment is considered a minor alteration to an existing facility. These project sites will not be located in an environmentally sensitive area and there are no cumulative impacts, unusual circumstances, or other factors that would make the exemption inapplicable.

NOW THEREFORE BE IT RESOLVED that the American Canyon City Council hereby finds that adoption of this resolution is exempt from the requirements of CEQA pursuant to Section 15302, Class 2, which exempts the replacement or reconstruction of existing facilities.

NOW THEREFORE BE IT FURTHER RESOLVED that the American Canyon City Council does hereby resolve as follows:

1. Authorizes a budget transfer from the Park Impact Fee Fund (310‐85‐450‐48310) to the Capital Project Fund (350‐85‐450‐46110) in the amount of $351,980.00.

2. Approve Award of Construction and Equipment Purchase Agreement with Miracle PlaySystems, Inc. for CIP Project No. PR21‐0100 (Playground Replacement Project) for Linwood Park, Via Bellagio Park, and Northampton Park for an amount not to exceed $679,892.00.

3. Authorizes the Public Works Director to approve and execute Contract Change Orders in an aggregate amount not to exceed the Project Budget in conjunction with the Playground Replacement Project (PR21‐0100).

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

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 237
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities
Linwood Park
American Canyon, CA
Prepared for: City of American Canyon
Prepared ByKarl ManigliaSales Account ManagerMiracle Playsystems [email protected](916)317-0545 238
239
Teal Lime Orange Plum Dark Brown Blue Forest Green
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities 08/24/2022 22_1089_LinwoodPark_003 Colors Used In Renderings
AGES 5-12
*Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly.

AGES 2-5
240
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities 08/24/2022 22_1089_LinwoodPark_003 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly.

RAINBOW SAMBAS (BY

PERCUSSION PLAY)

RAINBOW SAMBAS (BY
241
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities 08/24/2022 22_1089_LinwoodPark_003 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly.

RAINBOW SAMBAS (BY

PERCUSSION PLAY)
242
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities
MIRACLE PLAYSYSTEMS. DESIGNING PLAY
Creating Fun Play Environments to Enrich Communities 08/24/2022 22_1089_LinwoodPark_003 *Colors shown in rendering are for illustrative purposes only. Actual color and pattern may vary slightly.

RAINBOW SAMBAS (BY

PERCUSSION PLAY)
243
8/29/2022
Linwood Park
MIRACLE PLAYSYSTEMS, INC. – PO BOX 263, ALAMO, CA 94507 – (800) 879-7730 – (510) 893-2163 (FAX) CSL: 981433 (Exp Date 03/23) – DIR: 1000015853

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American Canyon City CouncilNovember 15, 2022

American Canyon City Council
November 15, 2022