37. A drainage report prepared by a California Registered Civil Engineer shall be submitted for review with the initial submittal of the Improvement Plans. The report shall include detailed hydrologic and hydraulic calculations to support the design and sizing of all public and private drainage facilities including storm drains and detention facilities. The report shall address existing downstream storm drain facilities and hydraulic conditions which may impact the design of proposed facilities and improvements.
38. A final detailed post-construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction stormwater treatment BMPs shall be prepared and submitted for review and approval. The SCWP shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ). It is the City’s discretion whether to accept alternative treatment facilities other than bioretention.
39. A Post Construction Stormwater Operations and Maintenance Plan that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be submitted for review and approval by the City Engineer. Once approved, the property owner(s) shall enter into an agreement with the City that provides the terms, conditions, and security associated with the ongoing requirements of the post-construction Stormwater Best Management Practices.
40. A Final Map, as defined in the Subdivision Map Act, shall be prepared by a licensed surveyor or civil engineer. The Final Map shall show all parcels, rights-of-way, and easement(s), and shall be submitted to the City Engineer for review. The Final Map shall be in substantial conformance with the approved Tentative Map and all applicable conditions of approval. The Final Map is not valid until it has been approved by the City and recorded. Closure calculations shall be provided at the 3963
time of initial Final Map submittal. All calculated points within the map shall be based upon one common set of coordinates. All information shown on the Final Map shall be directly verifiable by information shown on the closure calculation printout. The point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the Final Map and shall be verifiable from information shown on the closure calculation printout. A current title report (within past 30 days) shall be submitted at the time of initial Final Map submittal.
41. The Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite improvements. The applicant shall prepare all necessary legal descriptions and deeds.
42. To the extent any offsite public improvements require the acquisition of property not currently owned by the Applicant or the City, the Applicant shall first make a good-faith effort to acquire the necessary property rights, however if the Applicant makes such an effort and is unable to acquire such rights, then the Applicant may request the City acquire the necessary property rights through the exercise of eminent domain provided that the Applicant enters first into an agreement with the City to pay for all costs incurred by the City to acquire such rights and if the City does not acquire the rights necessary to allow the offsite public improvements to be completed by the Applicant within statutory timeline provided by law, then the Applicant shall be relieved of the obligation to construct those off-site improvements only to the extent they require property not currently owned by the Applicant or the City. The Applicant shall make a good-faith effort to identify and acquire the necessary property rights at the earliest opportunity.
43. The Applicant shall submit site Improvement Plans, prepared by a registered Civil Engineer, for review and approval of the City’s Public Works Department. Please be aware that this is separate submittal from the building permit application. The final plan set shall include all civil, landscape and joint trench drawings under a single cover sheet. No final grading or other construction shall be performed until the Improvement Plans have been approved. The Applicant shall not begin clearing, grubbing, or rough grading at the site prior to approval of the Improvement Plans, unless explicitly approved by the City of American Canyon through the standard grading and utilities only permit process. An Encroachment Permit is required for any work within City right of way. Encroachment Permits will not be issued prior to the approval of the Improvement Plans.
44. All public water service laterals or services (domestic, recycled and fire water) shall include approved backflow prevention devices.
45. Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices and other metal appurtenances, regardless of the findings of any soils corrosivity analysis.
46. The Applicant shall keep adjoining public and private streets free and clean of project dirt, mud, materials, and debris during the construction period in accordance with SWPPP using appropriate BMPs and as is found necessary by the City Engineer.
47. If any hazardous material is encountered during the construction of this project, all work shall be immediately stopped and the Fire Department, Napa County Department of Environmental Services or other designated agency, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
48. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed, and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, 3964
sanitary sewers, and water lines shall be installed in a manner that will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made.
49. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details must be provided to the City for review and approval prior to construction.
50. All new fire hydrants shall be covered with burlap sacks until the hydrants have been tested and found to be in conformance with City flow requirements. No storage of combustible materials or construction of building shall be permitted until all hydrants meet City flow requirements.
51. Prior to placing the final lift of asphalt, all public storm drains and sanitary sewer lines shall be video inspected at the Applicant's expense. All video media (CD, DVD, or portable hard drive) shall be submitted to the City. If any inadequacies are found, they shall be repaired prior to the placement of the final lift of asphalt.
52. All streets, curbs, gutters, sidewalks or other public facilities damaged in the course of construction associated with this Project shall be the responsibility of the Applicant and shall be repaired to the satisfaction of the City at the Applicant's expense.
53. After all of the new underground utilities within existing public streets have been installed, the entire affected areas shall be milled and repaved to present a neat finished pavement area. Multiple trench patches are not acceptable.
54. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ, as amended), the Applicant's Storm Water Pollution Prevention Plan (SWPPP), and the City’s Erosion and Sediment control Plan in accordance with the City’s MS4 Permit. All stormwater BMP's shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD), Qualified SWPPP Practitioner (QSP), and the City Engineer.
55. With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than American Canyon potable water sources. The Applicant shall provide verification that an outside source of construction water, e.g., recycled water, has been established and will be available for the duration of the project construction.
56. The development shall comply with the City’s Zero Water Footprint policy.
57. All landscaping shall be designed to use recycled water for irrigation. Recycled water landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design details to prevent runoff of recycled water. The irrigation system shall include an ET/SMART controller.
58. All buildings shall be dual plumbed to use recycled water for non-potable uses.
Public Works Special Conditions of Approval
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59. The Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with the preliminary civil plans titled “Giovannoni Logistics Center East Tentative Parcel Map” prepared by CBG Civil Engineers dated September 17, 2021, except as modified by these conditions.
60. Improvement Plans and Final Map shall be tied to the State of California coordinate system.
61. The Applicant shall construct all of the on-site private streets, water, recycled water, sewer, storm drainage and storm quality “Private Improvements” generally shown on the Preliminary Plans and more specifically described below. All private street, water, recycled watersewer, storm drainage and stormwater quality improvements shall be designed in accordance with the City of American Canyon Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these conditions.
a. Storm Drain Facilities:
Construct private on-site drainage facilities, detention facilities, and other appurtenances to collect and convey all surface drainage to an approved private storm drain facility or outfall.
Onsite drainage facilities shall provide for the positive drainage of all adjacent upstream or upgrade properties to prevent ponding. Existing run-on from adjacent properties shall not be obstructed and shall be conveyed onsite. Off-site peak storm water discharge shall not exceed 90% of the undeveloped peak flow from the 24-hour, 100-year event. The storm drains and detention facilities shall be substantially consistent with the Preliminary Plans. However, the sizing of all storm drains and detention facilities shall be determined by the approved final drainage report.
b. Stormwater Quality Facilities:
Permanent on-site private post-construction stormwater treatment BMPs shall be designed and constructed in accordance with the approved final SWCP. c. Recycled Water Services:
Separate recycled water services shall be provided for domestic non-potable uses and irrigation uses.
62. Per the Subdivision Improvement and Reimbursement Agreement between the City of American Canyon and DWF IV NLP II, LLC, Napa County Official Record 2018-0024204, the Applicant shall reimburse the City its fair share cost for the improvement of South Kelly Road from its intersection with Devlin Road up to intersection with Highway 29. The fair share cost is based on the project’s proportional share of net new trips.
63. Per the Subdivision Improvement and Reimbursement Agreement between the City of American Canyon and DWF IV NLP II, LLC, Napa County Official Record 2018-0024204, the Applicant shall reimburse the City its fair share cost for the construction of the Permanent Sewer Solution, which consists of new offsite public gravity sewer, pump station and force main which replaced the existing Green Island Pump Station. The fair share cost, based on the project’s sewer flow, is 12% fair share cost. The current fair share cost is $144,774.
64. Prior to SUBMITTAL OF THE IMPROVEMENT PLANS, the Applicant shall:
a. Submit the City's "Improvement Plan Checklist".
b. Pay an initial cash deposit for City plan check services in amount to be determined by the City prior to the time of submittal. The Project engineer shall contact City staff to discuss submittal details to determine initial deposit amount.
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c. Provide the following:
(1) Public Street Repair Plan
(2) Utility Plan and Joint Trench Plan
(3) Construction Storm Water Pollution Prevention Plan (SWPPP) and a City Erosion and Sediment Control Plan
(4) Drainage Report
(5) Post-Construction Stormwater Control Plan (SWCP)
(6) Geotechnical Report
(7) Construction Traffic Control Plan.
(8) Traffic Impact Study
(9) Application for Water and Sewer Service
65. Pothole and physically determine (by way of a survey performed by the Engineer of record) the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work and provide the design of all new utility installations required to serve the project including a schedule for implementation of such work as to prevent disrupting of utility service to adjacent properties.
66. Prior to APPROVAL OF THE IMPROVEMENT PLANS, the Applicant shall:
a. Merge the two existing parcels (APNs 057-130-034 and 057-130-036) into a single parcel through the recordation of a lot merger or lot line adjustment. b. Provide written acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report. c. Furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans. d. Furnish proof that all permits that may be required by the California Department of Fish & Wildlife, State and Regional Water Quality Control Board, US Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained. e. Fill out and submit the City’s Erosion and Sediment Control Plan (ESCP) Template. Applicant may refer to a SWPPP, as appropriate, by referencing page number within the SWPPP that addresses the requirements of the ESCP.
f. Submit a copy of the Notice of Intent and Wastewater Discharge Identification Number (WDID#) for coverage under the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ).
67. Prior to RECORDATION OF THE FINAL MAP, the Applicant shall:
a. Construct all of the Private Improvements to the satisfaction of the City. Alternatively, the Applicant may enter into a Subdivision Improvement Agreement with the City agreeing to complete all of the Private Improvements prior to Occupancy of the first unit. Such an Agreement will require the Applicant to provide bonds, proof of workers compensation insurance, and general liability insurance in the forms and amounts as deemed satisfactory to the City.
b. Establish a Shared Maintenance Agreement between the owners of each parcel for the long term and ongoing maintenance and operation of all shared private improvements. 3967
Specifically, the parcel owners shall be responsible for the ongoing maintenance and operation of all onsite stormwater quality facilities and shared storm drains. The Shared Maintenance Agreement shall be prepared to run with the land of each parcel. The Shared Maintenance Agreement shall be submitted to the City for review and approval prior to recordation.
c. Generally, in substantial conformance with that which is shown on the approved Tentative Map, convey all easements and dedications, public and private, for the construction, use and/or maintenance of roads or other access, drainage facilities, utilities and postconstruction storm water management facilities on the Final Map. All dedications to the City shall be Irrevocable Offers of Dedication. Specific conveyances include:
i. Private reciprocal easements in favor of all parcels for all shared stormwater treatment facilities, shared storm drains, and for lot-to-lot surface stormwater runoff.
d. Furnish proof of the payment of the mapping service fee as required by Napa County Board of Supervisors Resolution No. 92-119.
68. Prior to COMMENCEMENT OF CONSTRUCTION ACTIVITIES, the Applicant shall:
a. Pay off all current account balances with the City of American Canyon. b. Pay an inspection fee in amount to be determined at the time of commencement for the City's inspection of the Public Improvements.
c. Conduct a pre-construction meeting with representatives of the City whereby the Applicant, the Legally Responsible Party (LRP), Qualified SWPPP Practitioner (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
i. Six (6) full-size bond copies of the approved Improvement Plans for the City's use. ii. One (1) job-site copy of the latest edition of the City Standards for the Contractor use. iii. One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor. iv. Electronic copies of Improvement Plans and SWPPP.
69. Prior to APPROVAL OF A BUILDING PERMIT, the Applicant shall:
Pay all account balances and current City and American Canyon Fire District fees (Mitigation & Capacity) based on the rates in effect at the time of permit issuance. These fees include but may not be limited to the following: Traffic Mitigation, General Plan Update, Civic Facilities, Fire District, Water Capacity, Wastewater Capacity, Zero Water Footprint Mitigation and Affordable Housing Nexus.
70. A. Prior to issuance of the first building permit, the Applicant shall enter into a Recorded a Transportation Demand Management (TDM) Program Agreement (“TDM Agreement”) that ensures the cumulative Project trip generation does not exceed the Giovannoni Logistics Center Final EIR (SCH# 2021010104) Trip Generation assumptions. The TDM Agreement shall encompass the entire Giovannoni Logistics Center Project.
B. The TDM Agreement shall include a financial guarantee satisfactory to the City. The City shall deem the TDM program to be effective if the monitoring results indicate that AM peak-hour volumes are no more than 240 vehicles and PM peak-hour volumes are no more than 264 vehicles.
C. The TDM program shall be implemented at the applicant’s cost, with no cost to the City, regardless of the eventual mix of uses and shall at a minimum include a permanent vehicle counting station at 3968
the single public access point. Examples of measures that may be considered as part of an effective TDM program include but are not limited to the following:
• Starting and ending workday shifts during off-peak hours (i.e., not between 7:00 a.m. to 9:00 a.m. or 3:00 p.m. to 6:00 p.m.).
• Implement shuttle service to key employment centers or park-and-ride lots in the area for those employees whose workday shift start during peak hours. • Car-share program
• Shuttles to regional transit
• Transit subsidies
• Carpool/vanpool subsidies
• Employer-owned/sponsored vanpools
• Flex-time and telecommute programs
• Use of rail to transport employees and/or the delivery of goods D. The Applicant shall retain a transportation planning/engineering consultant to analyze the effectiveness of the TDM program in a written report. The TDM Report will include data collected from the permanent vehicle counting station and a determination of employee commute methods, which shall be informed by surveying all employees working at the site. The TDM Report shall be submitted to the City on a periodic on-going basis and it shall form the basis of on-going determinations by the City as to the effectiveness of the TDM program. So long as the City deems the TDM program effective (i.e. when monitoring results indicate that AM peak-hour volumes are no more than 240 vehicles and PM peak-hour volumes are no more than 264 vehicles). At any time the City determines the Project exceeds the Giovannoni Logistics Center Final EIR (SCH# 2021010104) Trip Generation assumptions, the additional traffic impact shall be mitigated by Paragraph B.
E. If at any point the City determines the TDM program established as part of Paragraph A through D is not effective to reduce peak-hour traffic to within the TDM thresholds (240 vehicles during the AM peak hour and 264 vehicles during the PM peak hour), the Applicant shall pay an additional amount for each and every peak-hour trip that is recorded by the counting device that exceeds the TDM threshold, equal to the latest adopted Traffic Impact Fee (“TIF”) program in effect at the time. The “on-going TIF” paid pursuant to this condition of approval is in addition to the “one-time TIF” paid at the time of issuance of the first building permit.
71. Prior to OCCUPANCY OF THE BUILDING, the Applicant shall:
a. Restore all adjacent off-site road surfaces to pre-project conditions. b. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report.
c. Provide a mylar and digital copy of the Improvement Plans that include all as-built or field changes, in digital (.pdf) and AutoCAD (.dwg) format, compatible with the City's current version, and tied to the City's coordinate system.
d. Provide a letter stating that all of the Developer’s Conditions of Approval have been met. e. Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed and inspected in substantial conformance with the approved plans and City Standards.
f. Enter and record a post-construction Stormwater Operations and Maintenance Agreement with the City.
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Mitigation Measures
72. MM AES-3: Prior to issuance of building permits for the proposed project, the project applicant shall prepare and submit a photometric plan to the City of American Canyon for review and approval which demonstrates that all exterior light fixtures would be directed downward or employ full cut-off fixtures to minimize light spillage and avoid interference with aviation operations at the Napa County Airport. The approved plan shall be incorporated into the proposed project.
73. MM AIR-2a: The following Best Management Practices (BMPs), as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the project and implemented during construction:
• All active construction areas shall be watered at least two times per day. • All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
• All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure (ATCM) Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The City and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
74. MM AIR-2b: Prior to the issuance of grading or building permits, the project applicant shall provide the City with documentation demonstrating the use of “Low-VOC” architectural coatings during the proposed project's construction. “Low-VOC” architectural coatings used during project construction shall not exceed 50 grams of reactive organic gases (ROG) or volatile organic compounds (VOC) per liter of product.
75. MM AIR-2c: Prior to issuing any certificate of occupancy for the proposed project, the project applicant shall provide the City with documentation demonstrating the use of “Low-VOC” architectural coatings and electric landscaping equipment during the operation of the proposed project. “Low-VOC” architectural coatings used during project operation shall not exceed 10 grams of reactive organic gases (ROG) or volatile organic compounds (VOC) per liter of product. Landscaping equipment referred to in this requirement shall include lawnmowers, leaf blowers, and chainsaws. 3970
76. MM AIR-2d: Prior to issuing the certificate of occupancy for the proposed project, the project applicant shall provide the City with documentation demonstrating the use of a truck fleet that meets or exceeds model year 2014 for all heavy- duty trucks during operation of the proposed project. If the project applicant does not own the truck fleet that would be used during operation of the proposed project, the project applicant shall provide the City with documentation from the truck fleet owner or operator demonstrating that trucks utilized for operation of the proposed project will meet or exceed model year 2014. If any change occurs where a new truck fleet is utilized during operation of the proposed project, the project applicant shall provide the City with documentation demonstrating that the new truck fleet meets or exceeds this requirement.
To monitor and ensure that trucks that meet a model year of 2014 or newer are used for the proposed project, the fleet operator shall maintain records of all trucks and equipment associated with the proposed project’s operation and make these records available to the City upon request.
Alternatively, the City may require periodic reporting and provision of written records by operators and conduct regular inspections of the records to the maximum extent feasible and practicable.
77. MM AIR-2e: Prior to the issuance of the certificate of occupancy for each building with dock doors, signage shall be posted identifying idling restrictions and contact information to report violations to the building manager.
78. MM AIR-2f: Prior to the issuance of the certificate of occupancy for each building with a separate end user, the City shall confirm that the end user has prepared a Transportation Demand Management Plan (TDM Plan). The TDM Plan shall be prepared by a qualified transportation consultant and identify strategies to reduce single-occupant vehicle trips. Examples of TDM strategies may include but are not limited to:
• Ridesharing/Ride Matching
• Vanpools
• Transit subsidies
• Preferential parking for rideshare or vanpool vehicles • Employee lockers
• Secure bicycle parking
• Employee locker rooms
• Provide TDM information in employee breakroom
79. MM AIR-2g: Prior to the issuance of the certificate of occupancy, as a part of future lease agreements, the project proponent shall provide all future tenants at the project site information on available California Air Resources Board (ARB) and Bay Area Air Quality Management District (BAAQMD) incentive programs, such as the Carl Moyer Program and the Voucher Incentive Program, that support upgrading truck fleets to clean air technology equipment.
80. MM BIO-1a: Pre-construction surveys for Swainson’s hawk shall be conducted in the project site vicinity prior to initiation of project construction activities and each year following initiation of construction if project activities are delayed or discontinued for 7 or more days prior to the first required survey period (March 20 to April 5), and are scheduled to recommence construction activities during the second survey period but before August 1. These pre-construction surveys shall include investigation of all potential nesting trees within a half-mile radius around all project activities and shall be completed for at least two survey periods immediately prior to commencement of project construction. Surveys shall be conducted in accordance with CDFW’s “Recommended timing and methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley” (CDFW 2000) to 3971
maximize the potential for locating nesting Swainson’s hawk and reduce the potential for nest failures due to project activities and/or disturbances.
If no nesting Swainson’s hawk are found during the first or second required survey period starting March 20 and extending to April 20, then project construction may commence. If during the third surveys (June 10 to July 30) Swainson’s hawk are found to be nesting in the project vicinity and construction has commenced, it shall be assumed the Swainson’s hawk commenced nesting and thus the Swainson’s hawk are habituated to the ambient level of noise and disturbance emanating from the project site.
If Swainson’s hawk are found to be nesting within 0.25 mile of the project site, a non-disturbance buffer shall be established to keep all construction activities a minimum of 0.25 mile from the nest site. The CDFW shall be consulted regarding the adequacy of the buffer established by the qualified Raptor Biologist. At that time the necessity for acquiring a Fish and Game Section 2081 Incidental Take Permit (ITP) authorization would be determined. An ITP authorization shall be required if there were a valid concern the project activities would result in the “take” of an adult Swainson’s hawk, eggs, or nestlings.
81. Surveys shall be conducted by a qualified Raptor Biologist with at least a minimum of a 4- year college degree in wildlife biology or related environmental science, familiarity with Swainson’s hawk and its local ecology, and 2 years of experience surveying for and detecting Swainson’s hawk pursuant to “Recommended timing and methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley” survey protocol. No disturbance such as construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified Raptor Biologist that the young have fledged or that the nesting cycle is complete based on monitoring of the active nest by a qualified Biologist.
82. MM BIO-1b: No more than 30 days prior to the first ground disturbance activity, pre-construction golden eagle nesting surveys shall be conducted in the project vicinity by a qualified Raptor Biologist.
The qualified Raptor Biologist shall have a minimum of a 4- year college degree in wildlife biology or related environmental science, and at least 2 years of experience surveying for and detecting nesting golden eagles and its local ecology. Preconstruction surveys shall include investigation of all potential nesting trees within a survey area determined by the qualified Raptor Biologist, but no less than a 0.5- mile radius around all project activities. If active golden eagle nests are identified within any trees within the survey areas a 1.0-mile radius of the project site, a qualified Raptor Biologist shall establish a protection buffer of approximately 1.0 mile that is adequate to ensure noise or activity from the proposed project would not cause nest disturbance of young or adult bird mortality. Buffer zones may vary in size as some golden eagles are more acclimated to disturbance than others. Size of buffer zone may be modified by the qualified Raptor Biologist considering the type of construction activity that may occur and the behavioral factors and extent that golden eagle may have acclimated to disturbance. No construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified Raptor Biologist that the young golden eagles have fledged or that the nesting cycle is complete based on monitoring of the active nest by a qualified Biologist.
83. MM BIO-1c: Prior to ground disturbance, a pre-construction nesting survey shall be conducted for northern harrier and short-eared owl by a qualified Raptor Biologist if construction is scheduled during the nesting season (February 1 through September 1). The qualified Raptor Biologist shall have at least 2 years of experience surveying for and detecting nesting northern harrier and short-eared owl. To determine whether northern harrier or short-eared owl is nesting on-site, a qualified Raptor Biologist(s) shall conduct walking transects through the project site grassland habitat searching for 3972
nests and minimum 500-foot radius from the project site. Where the survey area encroaches onto private property not accessible to the public (e.g., fenced in commercial property, residential backyard, etc., the qualified Biologist shall either contact the property owner for permission to physically access the property or conduct a visual survey of adjacent areas by scanning with binoculars or a spotting scope. An active northern harrier or short-eared owl nest must be protected by implementing a minimum 500-foot radius buffer zone around the nest marked with orange construction fencing. If an active nest is located outside of the project site, the buffer shall be extended onto the project site and demarcated where it intersects the project site. Size of buffer zone could be modified increased considering the type of construction activity that may occur, physical barriers between the construction site and active nest, and the behavioral factors and extent that northern harrier or short-eared owl may have acclimated to disturbance. No construction or earthmoving activity shall occur within the established buffer zone until it is determined by a qualified Raptor Biologist that the young have fledged or that the nesting cycle is otherwise determined to be complete based on monitoring of the active nest by a qualified Raptor Biologist.
84. MM BIO-1d: Prior to any ground disturbance, pre- construction surveys for burrowing owl shall be conducted within a minimum of 150 meters of the project site. Where the survey area encroaches onto private property not accessible to the public (e.g., fenced in commercial property, residential backyard, etc.), the qualified Biologist shall either contact the property owner for permission to physically access the property or conduct a visual survey of adjacent areas by scanning with binoculars or a spotting scope. The pre- construction surveys shall be conducted within 2 weeks prior to the onset of any ground-disturbing activities. Surveys shall be conducted by a qualified Biologist following California Department of Fish and Wildlife (CDFW) 2012 staff report survey methods and Biologist qualifications to establish the status of burrowing owl on the project site. a. If burrowing owl are found to occupy the project site during the nonbreeding season (September 1 to January 31), occupied burrows shall be avoided by establishing a no- disturbance buffer zone a minimum of 100 feet around the burrow. Buffers may be adjusted to address site-specific conditions using the impact assessment approach described in the CDFW 2012 staff report. If a qualified Raptor Biologist determines the location of an occupied burrow/s may be impacted even with a 100-foot buffer, or the burrow(s) are in a location(s) on the project site where a buffer cannot be established without preventing the proposed project from moving forward, then a passive relocation effort may be instituted to relocate the individual(s) out of harm’s way pursuant to a Burrowing Owl Exclusion Plan prepared in accordance with the CDFW 2012 staff report.
b. If burrowing owl are found to be present during the breeding season (February 1 to August 31), the proposed project ground-disturbing activities shall follow the CDFW 2012 staff report recommended avoidance protocol whereby occupied burrows shall be avoided with a nodisturbance buffer. c. If burrowing owls are ultimately found on the site and burrow eviction/ relocation of burrowing owls during the non-nesting season is a selected strategy to move forward with the project without direct impacts to burrowing owl individuals, the applicant shall coordinate this effort with CDFW and provide habitat mitigation consistent with the 2012 CDFW Staff Report on burrowing owl.
85. MM BIO-2: Prior to issuance of grading permits. To offset the loss of the 0.496 acre of seasonal wetland impacts from Phase 1, and 2.57 acres of seasonal wetlands and 1.13 acres of vernal pools from Phase 2, and to ensure there is no-net loss of wetland area, the applicant shall establish/create
0.992 acre of palustrine emergent wetlands (2:1 ratio) for Phase 1 concurrent with project 3973
construction, and 2.57 acres of seasonal wetlands (1:1 ratio) and 1.13 acres of vernal pool wetlands (1:1 ratio) for Phase 2 at least 1 year prior to the start of Phase 2 construction, on the 45-acre Wetland Preserve. The established/created wetlands will be constructed a minimum of 20-feet from the Napa Logistics Park sewer and recycled water pipeline easement or unpaved access road associated with the easement. The established/created wetlands shall be monitored for a minimum of 5 years to ensure the wetlands meet the USACE’s and RWQCB’s definition of a wetland.
86. MM BIO-3a: Prior to issuance of the Phase 1 grading permit, the project applicant shall apply for and obtain a Nationwide Permit from the San Francisco District of the United States Army Corps of Engineers (USACE) for discharge within 0.004 acre of wetlands/waters of the United States under Clean Water Act Section 404 jurisdiction. For the USACE permit to be valid, the applicant shall apply for and obtain the accompanying Section 401 Water Quality Certification from the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB). The applicant shall apply for and obtain a separate Waiver of Waste Discharge Requirements from the San Francisco Bay RWQCB for impacts to 0.496 acre of wetlands/waters of the State. To offset the loss of 0.496 acre of permanent wetland impacts and to ensure there is no- net loss of wetland area, the applicant shall establish/create 0.992 acre of wetlands (2:1 ratio), prior to or concurrent with the start of construction, on the 45-acre Wetland Preserve. The established/created wetlands shall be monitored for a minimum of 5 years to ensure the wetlands meet the USACE’s and RWQCB’s definition of a wetland. The applicant shall implement the terms of the approved permit(s).
87. MM BIO-3c: Prior to issuance of the Phase 1 grading permit, a Wetland Mitigation and Monitoring Plan shall be prepared and submitted to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB) for review as part of the process for obtaining a permit from the agency.
The Wetland Mitigation and Monitoring Plan shall address the loss of 0.496 acre of wetlands impact due to Phase 1 of the proposed project as well as the potential loss of approximately 3.7 acres of wetlands that as part of Phase 2.
The Wetland Mitigation and Monitoring Plan shall include in irrevocable instrument (e.g., deed restriction or conservation easements) that shall restrict use of both the 0.992 acre of created wetlands for Phase 1 as well as approximately 3.7 acres of additional wetlands created for Phase 2.
The Wetland Mitigation and Monitoring Plan shall also include a long-term endowment that would be fully funded by the proposed project to manage approximately 45-acre open space preserve and created wetlands in perpetuity. If additional wetland mitigation lands are required to compensate for wetland impacts associated with Phase 2, wetlands shall be established/created at a minimum 1:1 ratio (1 acre established/created for every acre permanently impacted) on appropriate mitigation land, approved by the RWQCB and United States Army Corps of Engineers (USACE), within the Phase 2 project site’s Hydraulic Unit Code (HUC) 10 watershed. The established/created wetlands shall be monitored for a minimum of 5 years to ensure the wetlands meet the USACE’s and RWQCB’s definition of a wetland. The applicant shall implement the terms of the approved permit(s).
88. MM BIO-3d: Prior to issuance of the Phase 1 and Phase 2 grading permit, a Wetland Mitigation and Monitoring Plan shall be submitted to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB) for review as part of the process for obtaining a permit from the agency.
The Wetland Mitigation and Monitoring Plan shall be prepared in accordance with the Subpart J– Compensatory Mitigation for Losses of Aquatic Resources outlined in the California State Water Resources Control Board (State Water Board) Procedures, and in accordance with the State Water Board Implementation Guidance dated April 2020, and in accordance with the United States Army Corps of Engineers (USACE) Compensatory Mitigation Rule (33 Code of Federal Regulations Part 332). 3974
89. The basic objective of the Wetland Mitigation and Monitoring Plan is to ensure that project wetland impacts, and compensatory mitigation proposed to offset the wetland impacts, shall provide a nonet-loss of area of wetlands, and wetlands established/created shall be in-kind to the wetlands impacted. In summary, the Wetland Mitigation and Monitoring Plan shall at a minimum:
a. Preserve 7.58 acres of existing seasonal wetlands and 0.13 acre of vernal pools within the 45-acre Wetland Preserve.
b. Establish within the Wetland Preserve approximately 0.992 acre of seasonal wetlands in advance of or concurrent with implementation of Phase 1 impacts to 0.496 acre of palustrine emergent wetlands at a 2:1 ratio.
c. Establish within the Wetland Preserve approximately 2.57 acres of seasonal wetlands and 1.13 acres of vernal pools in advance of implementation of future Phase 2, assuming Phase 2 is built out, to address the potential maximum losses of approximately 3.7 acres of wetlands that may occur.
d. Provide financial assurances to ensure a high level of confidence that the compensatory mitigation shall be successfully completed, in accordance with applicable performance standards. e. Design ecological performance standards to assess whether the Wetland Mitigation and Monitoring Plan is achieving the overall objectives, so that it can be objectively evaluated to determine whether it is developing into the desired resource type (vernal pool, seasonal wetland e.g.), and attaining any other applicable metrics such as acres, number of native plant species, water saturation and/or ponding depth etc.
f. Monitor the site for a duration necessary to determine whether the Wetland Mitigation and Monitoring Plan is meeting the performance standards. Established palustrine emergent wetlands and vernal pools typically develop quickly on soils with clay restrictive horizon. The 45-acre Wetland Preserve does have a clay restrictive layer approximately 8–18 inches below the surface therefore a 5- year monitoring period would be sufficient to determine whether performance standards are met. This monitoring period may be extended if performance standards are not met due to how the wetlands were constructed or natural events such as severe droughts. g. Protect the approximately 45-acre Wetland Preserve in perpetuity using a conservation easement, and provide an endowment sufficient to fund the Long-Term Management Plan. h. An overall assessment of the condition of the wetlands that shall be permanently impacted by the proposed project shall be conducted using the California Rapid Assessment Method (CRAM) for depressional wetlands, or a hybrid approach based on CRAM. Each similar wetland type that may be impacted shall be assessed to describe the floristic community and record the native and nonnative dominant plants within the vernal pool and palustrine emergent wetlands. Physical structure such as topographic complexity and physical features that may provide habitat for aquatic species (e.g., boulders, woody debris etc.) shall be recorded and used to design the created/established wetlands. The purpose of this assessment is to ensure the design of the wetlands shall provide habitat that is similar to the wetlands being impacted to ensure the impacted wetlands are mitigated in-kind.
Performance Standards
Performance Standards shall include at a minimum the following:
Years 1, 2, 3, 4 and 5 Performance Standards for Wetland Hydrology 3975
Each year wetland hydrology shall be measured during the winter when surface and/or subsurface hydrology would be observable. A minimum of 1 data point shall be taken in each of the established/created wetlands. In addition, wetland hydrologic indicators shall be recorded each spring during the vegetation monitoring period.
Year 1:
Performance standard would be met for Year 1-5 if:
• The created wetlands remain inundated to a minimum depth of 0.5 inch or greater for at least 7 days and/or saturated for at least 14 days and/or at least one primary or two secondary wetland hydrology indicators listed in the Arid West Region Wetland Determination Data Forms are recorded.
Contingency Measures:
If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. If the Plan Area has not met the performance standard, the Permittee’s maintenance and monitoring obligations shall continue until the RWQCB and CDFW give final project confirmation.
Remedial action may include re-grading to achieve wetland hydrology, which would improve hydric soil formation.
Years 1, 2, 3, 4, and 5 Performance Standards for Increase in Colonization of Wetland Vegetation
Each year during the spring or early summer wetland vegetation cover shall be measured by conducting a site visit and recording absolute cover and dominant plant species observed within the wetland buffer area. A minimum of 1 data point shall be taken in each of the established/created wetlands. The colonization of wetland vegetation shall be measured by determining overall absolute plant cover values each year. Thisshall be accomplished by measuring absolute cover values within a 5-foot radius sample plot every 50 feet along a transect through each established/created wetland. In addition, to monitor for invasive plant species within the uplands which are not detected in the baseline survey, a minimum of three 5-foot radius sample plots on the east side and three on the west side will be placed at random upland locations along a linear transect east to west within the Wetland Preserve.
Performance Standards for each monitoring year are listed below.
Year 1:
Performance standard would be met for Year 1 if:
• At least one hydrophytic plantspecies colonizesthe established/created seasonal wetlands and vernal pools; and
• The average absolute cover of wetland vegetation within an established/created 3976
seasonal wetlands and vernal pools is 5 percent or greater.
Year 2:
Performance standard would be met for Year 2 if:
• At least one hydrophytic plantspecies colonizesthe established/created seasonal wetlands and vernal pools; and
• The average absolute cover of wetland vegetation within an established/created seasonal wetlands and vernal pools is 10 percent or greater.
Year 3:
Performance standard would be met for Year 3 if:
• Atleast two hydrophytic plantspecies colonizesthe established/created seasonal wetlands; • At least two native hydrophytic plantspecies colonizesthe established/created vernal pools and at least one is a vernal pool habitat indicator species; and • The average absolute cover of wetland vegetation within an established/created seasonal wetlands and vernal pools is 20 percent or greater and comprised of native and naturalized species.
Year 4:
Performance standard would be met for Year 4 if:
• Atleast two hydrophytic plantspecies colonize the established/created seasonal wetlands. • At least two native hydrophytic plantspecies colonizesthe established/created vernal pools and at least one is a vernal pool habitat indicator species. • The average absolute cover of wetland vegetation within an established/created seasonal wetland and vernal pool is 30 percent or greater. • To meet the wetland performance standard invasive plant species within the wetlands shall not comprise greater than 5 percent of the total absolute cover. To meet the upland performance standard, invasive plant species, which currently are not supported in the uplands, shall not comprise greater than 5 percent of the total absolute cover.
Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.
Year 5:
Performance standard would be met for Year 5 if:
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• At least two hydrophytic plantspecies documented during the CRAM assessment for the palustrine emergent wetlands impacted on the Phase 1 project site colonize the established/created seasonal wetlands.
• At least two native vernal pool habitat indicator species documented during the CRAM assessment for the vernal pool on the Phase 2 project site colonizes the established/created vernal pools.
• The average absolute cover of wetland vegetation within the established/created seasonal wetland (non-vernal pool wetlands) is 40 percent or greater; and the average absolute cover of wetland vegetation within the established/created vernal pools is 40 percent or greater of which greater than 50 percent of the vegetation cover consists of two or more dominate native vernal pool habitat indicator plants. • To meet the wetland performance standard invasive plant species within the wetlands shall not comprise greater than 5 percent of the total absolute cover. To meet the upland performance standard, invasive plant species, which currently are not supported in the uplands, shall not comprise greater than 5 percent of the total absolute cover.
Invasive plants shall be defined as species rated as “High” by California Invasive Plant Council (Cal-IPC) and species on the ”Alert” or “Watch” list with a High rating.
Contingency Measures:
If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. Remedial action may include hydroseeding with native species, or addition of supplemental topsoil or mulch to promote growth.
Year 5 No-Net-Loss Performance Standard for Phase 1 Impacts Performance standard would be met for Year 5 when;
• A wetland delineation is performed and verified by the USACE and confirms a minimum of 0.992 acre of wetlands have been established/created within the Wetland Preserve.
Year 5 No-Net-Loss Performance Standard for Phase 2 Impacts The Phase 2 no-net-loss performance standard would be measured when an application for the Phase 2 project is submitted to the RWQCB and USACE, and the Phase 2 project is approved.
Once Phase 2 has been approved by the RWQCB and USACE, this performance standard may be modified depending on the level of wetland impacts authorized by the RWQCB and USACE, meaning this performance standard may decrease if the wetlands impacted for Phase 1 are less than 3.7 acres.
Performance standard would be met for Year 5 when;
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• A wetland delineation is performed and verified by the USACE and confirms a minimum of
2.57 acres ofseasonal wetland and 1.13 acres of vernal pools have been established/created within the Wetland Preserve.
Year 5 Long-Term Protection and Long-Term Funding
Performance standard would be met for Year 5 once:
• The Wetland Preserve has been placed under a conservation easement; and A long-term financing mechanism (e.g., non-wasting endowment, trusts, contractual arrangement etc.) to fund implementation of the long-term management of the Wetland Preserve has been secured.
90. MM BIO-4: If construction occurs during the breeding season of migratory and resident birds (February 1 to August 31), a qualified Biologist shall conduct a pre-construction breeding bird survey in areas of suitable habitat within 7 days prior to the onset of construction activity. Surveys shall be conducted within the project footprint and 100 feet from the construction limits for nesting passerines, 250 feet from the construction limits for nesting accipiters and a minimum of 500 feet from the construction limits for nesting raptors. If the survey area is found to be absent of nesting birds, no further mitigation would be required. However, if construction activities are delayed by more than 7 days, an additional nesting bird survey shall be performed.
If bird nests are found, appropriate buffer zones shall be established around all active nests to protect nesting adults and their young from direct or indirect impacts related to project construction disturbance. Size of buffer zones shall be determined per recommendations of the qualified Biologist based on site conditions and species involved, but typical buffers around active nests are 500 feet for large raptors such as buteos, 250 feet for small raptors such as accipiters, and 100 feet for passerines (songbirds) and other bird species. For special status species, a 0.25-mile shall be established for nesting Swainson’s hawk; 1.0 mile for golden eagle; and a 500-foot buffer for nesting tricolored blackbirds. If an active nest is located outside of the project site, the buffer shall be extended onto the project site and demarcated where it intersects the project site. Buffer zones shall be maintained until it can be documented that either the nest has failed, or the young have fledged.
91. MM CUL-2a: No ground disturbance shall take place within 100 feet of informal archaeological resource 483A-001. The resource shall be preserved in place.
92. MM CUL-2b: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology shall be present on-site during all earth disturbing activities. If prehistoric or historic-period archaeological resources are encountered, all construction activities within 100 feet of the find shall halt and the City of American Canyon shall be notified. Prehistoric archaeological materials may include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic- period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse.
The Archaeologist shall inspect the findings within 24 hours of discovery. If it is determined the project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Public Resources Code Section 3979
21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place.
Consistent with Section 15126.4(b)(3), this may be accomplished through planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement. If avoidance is not feasible, a qualified Archaeologist shall prepare and implement a detailed treatment plan in consultation with the City of American Canyon. Treatment of unique archaeological resources shall follow the applicable requirements of Public Resources Code Section 21083.2. Treatment for most resources would consist of (but would not be limited to) sample excavation, artifact collection, and site documentation, with the aim to target the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the proposed project. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts and data at an approved facility, and dissemination of reports to local and State repositories, libraries, and interested professionals.
93. MM CUL-3: In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:
a. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. b. Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission.
• The descendant identified fails to make a recommendation. • The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.
Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains:
i. When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98.
The applicant may each develop a plan with respect to their respective individual development proposals for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC.
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94. MM CUL-4: A Tribal Monitor representing the Yocha Dehe Wintun Nation shall be present during all project-related ground disturbance. Additionally, the Yocha Dehe Wintun Nation’s Treatment Protocol (Protocol) shall be followed with respect to Tribal Cultural Resources (TCRs). The purpose of the protocol is to formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items, and items of cultural patrimony, if any are found in conjunction with development, including archaeological studies, excavation, geotechnical investigations, grading, and any ground-disturbing activity. This Protocol also formalizes procedures for Tribal Monitoring during archaeological studies, grading, and ground-disturbing activities. a. Cultural Affiliation: The Yocha Dehe Wintun Nation (Tribe) traditionally occupied lands in Yolo, Solano, Lake, Colusa, and Napa Counties. The Tribe has designated its Cultural Resources Committee (Committee) to act on the Tribe's behalf with respect to the provisions of this Protocol.
Any human remains which are found in conjunction with projects on lands culturally affiliated with the Tribe shall be treated in accordance with Section III of this Protocol. Any other cultural resources shall be treated in accordance with Section IV of this Protocol. b. Inadvertent Discovery of Native American Human Remains: Whenever Native American human remains are found during the course of a project, the determination of Most Likely Descendant (MLD) under California Public Resources Code Section 5097.98 will be made by the Native American Heritage Commission (NAHC) upon notification to the NAHC of the discovery of said remains at a project site. If the location of the site and the history and prehistory of the area is culturally affiliated with the Tribe, the NAHC contacts the Tribe; a Tribal member will be designated by the Tribe to consult with the landowner and/or project proponents.
Should the NAHC determine that a member of an Indian tribe other than Yocha Dehe Wintun Nation is the MLD, and the Tribe agrees with this determination, the terms of this Protocol relating to the treatment of such Native American human remains shall not be applicable; however, that situation is very unlikely.
c. Treatment of Native American Remains: In the event that Native American human remains are found during development of a project and the Tribe or a member of the Tribe is determined to be MLD pursuant to Section II of this Protocol, the following provisions shall apply. The Medical Examiner shall immediately be notified, ground-disturbing activities in that location shall cease and the Tribe shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity. The Tribe shall complete its inspection and make its MLD recommendation within 48 hours of getting access to the site. The Tribe shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include avoidance of the human remains, reburial on-site, or reburial on tribal or other lands that will not be disturbed in the future. The Tribe may wish to rebury said human remains and grave goods or ceremonial and cultural items on or near the site of their discovery, in an area which will not be subject to future disturbances over a prolonged period of time. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b). The term "human remains" encompasses more than human bones because the Tribe’s traditions call for the burial of associated cultural items with the deceased (funerary objects), and/or the ceremonial burning of Native American human remains, funerary objects, grave goods, and animals. Ashes, soils, and other remnants of these burning ceremonies, as well as associated funerary objects and unassociated funerary objects buried with or found near the Native American remains are to be treated in the same manner as bones or bone fragments that remain intact. 3981
d. Non-Disclosure of Location of Reburials: Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, California Government Code Section 6250 et seq. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). The Tribe will require that the location for reburial is recorded with the California Historic Resources Inventory System (CHRIS) on a form acceptable to the CHRIS center. The Tribe may also suggest the landowner enter into an agreement regarding the confidentiality of site information that will run with title on the property.
e. Treatment of Cultural Resources: Treatment of all cultural items, including ceremonial items and archaeological items will reflect the religious beliefs, customs, and practices of the Tribe. All cultural items, including ceremonial items and archaeological items, which may be found at a project site shall be turned over to the Tribe for appropriate treatment, unless ordered by a court or agency of competent jurisdiction. The project proponent shall waive any and all claims to ownership of Tribal ceremonial and cultural items, including archaeological items, which may be found on a project site in favor of the Tribe. If any intermediary, (for example, an Archaeologist retained by the project proponent) is necessary, said entity or individual shall not possess those items for longer than is reasonably necessary, as determined solely by the Tribe. f. Inadvertent Discoveries: If additional significant sites or sites not identified as significant in a project environmental review process, but later determined to be significant, are located within a project impact area, such sites will be subjected to further archaeological and cultural significance evaluation by the project proponent, the Lead Agency, and the Tribe to determine whether additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. If there are human remains present that have been identified as Native American, all work will cease for a period of up to 30 days in accordance with Federal Law.
95. MM GEO-1b: Prior to the issuance of building permits for each Phase 1 and 2 structure, the project applicant shall submit a design-level Geotechnical Investigation to the City of American Canyon for review and approval. The investigation shall be prepared by a qualified engineer and identify grading and building practices necessary to achieve compliance with the latest adopted edition of the California Building Standards Code (CBC) geologic, soils, and seismic requirements, including abatement of expansive soil conditions. The report shall also determine the final design parameters for walls, foundations, foundation slabs, and surrounding related improvements (e.g., utilities roadways, parking lots, and sidewalks). The measures identified in the approved report shall be incorporated into the project plans and all applicable construction-related permits.
96. MM GEO-5: If potential fossils are discovered during project implementation, all earthwork or other types of ground disturbance within 100 feet of the find shall stop immediately until a qualified professional Paleontologist can assess the nature and importance of the find. Based on the scientific value or uniqueness of the find, the Paleontologist shall either record the find and recommend that the City of American Canyon allow work to continue or recommend salvage and recovery of the fossil.
The Paleontologist shall, if required, propose modifications to the stop-work radius based on the nature of the find, site geology, and the activities occurring on the site. If treatment and salvage is required, recommendations will be consistent with Society of Vertebrate Paleontology guidelines and currently accepted scientific practice. If required, treatment for fossil remains shall include preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection, and, if required, shall also include preparation of a report for publication describing the finds.
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97. MM GHG-1a: Prior to the issuance of any grading permits, the project applicant shall provide the City of American Canyon with documentation (e.g., site plans) demonstrating project construction will include the following construction Best Management Practices (BMPs):
a. At least 15 percent of the construction fleet for each project phase shall be alternatively fueled or electric.
b. At least 10 percent of building materials used for project construction shall be sourced from local suppliers.
c. At least 65 percent of construction and demolition waste materials shall be recycled or reused.
d. At least one contractor that has a businesslocation in American Canyon shall be contracted for project construction.
e. All construction contracts shall include language that requires all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers) using during construction be electrically powered.
f. Architectural coatings used for project construction shall be “Low-VOC,” containing no greater than 50 grams of volatile organic compounds (VOC) per liter of product. g. Project construction shall prohibit the use of generators and shall establish grid power connection to electrical equipment needs.
h. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure [ATCM] Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. i. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. j. The prime construction contractor shall post a publicly visible sign with their telephone number and contractor to contact. The construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be identified and visible to ensure compliance with applicable regulations.
98. MM GHG-1b: Prior to the issuance of any building permits, the project applicant shall provide the City of American Canyon with documentation (e.g., site plans) demonstrating the proposed project is designed without the use of any natural gas -fueled appliances or natural gas plumbing.
99. MM GHG-1c: Prior to issuance of any building permits, the project applicant shall demonstrate to the satisfaction of the City of American Canyon (e.g., shown on-site plans), that the proposed buildings are designed and will be built to, at a minimum, the Tier 2 advanced energy efficiency requirements of the Nonresidential Voluntary Measures of the California Green Building Standards Code, Division A5.2, Energy Efficiency, as outlined under Section A5.203.1.2.2. 100. MM GHG-1d: Prior to issuance of any building permits, the project applicant shall demonstrate to the satisfaction of the City of American Canyon (e.g., shown on-site plans), that the proposed parking areas for passenger automobiles and trucks are designed and will be built to accommodate electric vehicle (EV) charging stations. At a minimum, the parking shall be designed to accommodate a number of EV charging stations equal to the Tier 2 Nonresidential Voluntary Measures of the 3983
California Green Building Standards Code, Section A5.106.5.3.2. 101. MM GHG-1d: Prior to the issuance of any building permits, the project applicant shall demonstrate to the satisfaction of the City of American Canyon (e.g., shown on-site plans), that each loading dock is outfitted with at least one 240-volt outlet to accommodate truck and Transport Refrigeration Unit (TRU) charging and/or electrical power connection while trucks are loading and unloading goods.
102. MM GHG-1e: Prior to the issuance of any building permit for the proposed project, the project applicant shall provide the City with documentation (e.g., site plans) demonstrating to the City’s satisfaction that the electricity demand will be supplied with 100 percent carbon-free electricity sources through the year 2045. As City decision maker, the City Council requires this mitigation measure be accomplished with on-site solar panel electricity. 103. MM HYD-1a: Prior to issuance of grading permits for the proposed project, the applicant shall submit to the City of American Canyon for review and approval a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the requirements of the statewide Construction General Permit.
The SWPPP shall be designed to address the following objectives: (1) all pollutants and their sources (e.g., runoff), including sources of sediment associated with construction, construction site erosion, and all other activities associated with construction activity, are controlled; (2) where not otherwise required to be under a Regional Water Quality Control Board (RWQCB) permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; (3) site Best Management Practices (BMPs) (e.g., silt fencing, street sweeping, routine inspection, etc.) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized nonstormwater discharges from construction activity; and (4) stabilization BMPs are installed to reduce or eliminate pollutants after construction are completed. The SWPPP shall be prepared by a qualified SWPPP developer. The SWPPP shall include the minimum BMPs required for the identified Risk Level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association (CASQA) Stormwater Best Management Handbook–Construction or the California Department of Transportation (Caltrans) Stormwater Quality Handbook Construction Site BMPs Manual. The SWPPP shall be implemented during construction.
104. MM HYD-1b: Prior to the issuance of building permits, the project applicant shall submit a Stormwater Control Plan to the City of American Canyon for review and approval. The plan shall be developed using the California Stormwater Quality Association (CASQA) “New Development and Redevelopment Handbook” and include applicable provisions of Section C.3 of the San Francisco Bay Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (Order No. R2-2015- 0049, NPDES Permit No. CAS612008 (or more recent permit). The Stormwater Control Plan shall identify pollution prevention measures and Best Management Practices (BMPs) to control stormwater pollution from operational activities and facilities and provide maintenance in perpetuity. The Stormwater Control Plan shall include Low Impact Development (LID) design concepts, as well as concepts that accomplish a “first flush” objective that remove contaminants from the first 2 inches of stormwater before it enters area waterways. The project applicant shall also prepare and submit an Operations and Maintenance Agreement to the City, identifying procedures to ensure stormwater quality control measures work properly during operations. 105. MM LU-3: Prior to issuance of grading permits, the applicant shall retain a qualified Biologist to assess potential wildlife hazards to aviation. The assessment shall evaluate the characteristics of the emergent wetlands, drainages, other potential wildlife attractant features (i.e., ponded water) 3984
located within the open space area and identify management practices (e.g., storm drainage, vegetation, etc.) to prevent the creation of attractants for large flocks or birds or other wildlife species that may present safety hazards to aviation activities. As part of the assessment, the applicant shall consult with Napa County Airport and Napa County Airport Land Use Commission (ALUC) representatives, as appropriate, regarding findings and recommendations. The applicant shall submit a report to the City of American Canyon prepared by a qualified Biologist that confirms the wildlife hazard assessment’s findings and recommendations are incorporated into the design of the open space preserve.
106. MM NOI-1: Implementation of the following multi-part mitigation measure is required to reduce potential construction period noise impacts:
a. The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers that are in good condition and appropriate for the equipment.
b. The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited.
c. The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
d. At all times during project grading and construction, the construction contractor shall ensure that stationary noise- generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from adjacent residences. e. The construction contractor shall ensure that the construction staging areas shall be located to create the greatest feasible distance between the staging area and noise-sensitive receptors nearest the project site.
107. MM NOI-1: The construction contractor shall ensure that all on-site construction activities, including the operation of any tools or equipment used in construction, drilling, repair, alteration, grading, or demolition work, are limited to between the daytime hours of 7:00 a.m. to 7:00 p.m.
Monday through Saturday. No construction shall be permitted on Sundays and federal holidays.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 21st day of February, 2023, 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 3985
EXHIBITS:
A. Giovannoni Logistics Center Tentative Parcel Map Plans B. Confirmation of Conditions of Approval
C. ACFPD Agreement 2022-29
3986
NO TRUCKS
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STOP BUILDING A BUILDING B LOT 1 LOT 2 GREEN ISLAND ROAD DEVLIN ROAD BIORETENTION BIORETENTION F:\2637-000\ACAD\TM\EAST\TM-01E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST TITLE SHEET AND TENTATIVE PARCEL MAP CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-1 6 GENERAL NOTES ABBREVIATIONS VICINITY MAP LEGEND EXISTING PROPOSED DESCRIPTION SHEET INDEX SHEET NUMBER SHEET TITLE LAND USE SUMMARY PARCEL ACREAGE LAND USE ATTACHMENT 3. EXHIBIT A EXHIBIT A 3987
GREEN ISLAND ROAD
DEVLIN ROAD (CITY PROJECT) F:\2637-000\ACAD\TM\EAST\TM-02E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST EXISTING CONDITIONS CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-2 6 LEGEND 3988
SECTION A SECTION B SECTION C SECTION D SECTION E SECTION F SECTION G SECTION H
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STOP BUILDING A FF 51.9 P 51.0 BUILDING B FF 46.5 P 45.6 LOT 1 LOT 2 GREEN ISLAND ROAD BIORETENTION B T.S.L. 38.2 BIORETENTION A T.S.L. 39.2 B A E C D F G H DEVLIN ROAD (CITY PROJECT) F:\2637-000\ACAD\TM\EAST\TM-03E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST PRELIMINARY GRADING & DRAINAGE PLAN CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-3 3 LEGEND EXISTING PROPOSED PRELIMINARY EARTHWORK SUMMARY DESCRIPTION 3989
GREEN ISLAND ROAD BUILDING A BUILDING B LOT 1 LOT 2
DEVLIN ROAD (CITY PROJECT) BIORETENTION A GREEN ISLAND ROAD BIORETENTION B F:\2637-000\ACAD\TM\EAST\TM-04E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST PRELIMINARY UTILITY PLAN CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-4 6 LEGEND EXISTING PROPOSED DESCRIPTION 3990
BUILDING A BUILDING B LOT 1 LOT 2 BIORETENTION ADMA A 31.2 AC DMA B 30.5 AC BIORETENTION B DEVLIN ROAD (CITY PROJECT) GREEN ISLAND ROAD ST1 1.2 AC ST3 1.9 AC 2A BR 2.5 AC 2B BR 2.5 AC TYPICAL BIORETENTION DETAIL F:\2637-000\ACAD\TM\EAST\TM-05E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST PRELIMINARY STORM WATER CONTROL PLAN CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-5 6 LEGEND EXISTING PROPOSED DESCRIPTION WATER QUALITY TABLE DRAINAGE MANAGEMENT AREA (DMA) DRAINAGE AREA (AC) TREATMENT AREA REQUIRED (SF) TREATMENT AREA PROVIDED (SF) BIORETENTION FACILITY 3991
BUILDING A BUILDING B LOT 1 LOT 2 GREEN ISLAND ROAD BIORETENTION A DEVLIN ROAD (CITY PROJECT) BIORETENTION B F:\2637-000\ACAD\TM\EAST\TM-06E.DWG CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916) 788-4456 0 100 200 300 TENTATIVE MAP GIOVANNONI LOGISTICS CENTER - EAST PRELIMINARY FIRE ACCESS PLAN CITY OF AMERICAN CANYON NAPA COUNTY CALIFORNIA SCALE: 1" = 100' DATE:SEPTEMBER 17, 2021 OF SHEETS SHEET NO. TM-6 6 LEGEND FIRE TRUCK TURNING TEMPLATE 3992
ATTACHMENT 3. EXHIBIT B
EXHIBIT B
Applicant Confirmation of Conditions of Approval
Giovannoni Logistics Center Tentative Parcel Map
(FILE NO. PL20-0043)
As shown by my signature below, I confirm that I understand and agree to abide by the conditions of approval included in the City Council Resolution dated 21st day of February, 2023.
Applicant’s signature Date
Applicant’s name
1 st Property Owner’s signature Date
1 st Property Owner’s name
2 nd Property Owner’s signature Date
2 nd Property Owner’s name
This approval shall not be effective until the applicant and property owner execute and return the “Applicant Confirmation of Conditions of Approval” form to the Community Development Department.
Please return signed confirmation to the City of American Canyon Community Development Department, 4381 Broadway, Suite 201, American Canyon, CA 94503
3993
EXHIBIT C ATTACHMENT 3. EXHIBIT C
3994
3995
CITY COUNCIL AGENDA
FEBRUARY 21, 2023
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 12.
TITLE
Ratification of Adopted 6th Cycle Housing Element
RECOMMENDATION
Con+nue the Public Hearing to Ra+fy the City of American Canyon January 31, 2023 6th Cycle Housing Element approval to Consider California State Department of Housing and Community Development Comments.
CONTACT
Brent Cooper, AICP, Community Development Director
William D. Ross, City Attorney
BACKGROUND & ANALYSIS
On January 31, 2022, the Planning and City Council took the following actions:
1. Adopted a Resolu+on of the Planning Commission of the City of American Canyon, California, recommending the City Council of the City of American Canyon, California adopt a General Plan Amendment Sixth Cycle Housing Element Update pursuant to California Government Code Section 65588 (File No. PL23-0001); and
2. Adopted a Resolu+on of the City Council of the City of American Canyon, California adop+ng a General Plan Amendment Sixth Cycle Housing Element Update pursuant to California Government Code Section 65588 (File No. PL23-0001).
City Council gave staff direc+on to return on February 21, 2023 to ra+fy the adopted 2023 Housing Element a=er considera+on of comments, if any, are received from the State Department of Housing and Community Development (HCD).
On February 10, 2023, HCD provided written comments on the Housing Element (see Att. 1).
Staff and the City A>orney are working with the Housing Element consultant, Rincon/Min+er Harnish, to consider HCD's comments.
To facilitate this considera+on, Staff recommends Your Council con+nue this Public Hearing to March 21, 2023 to provide +me for Staff and Rincon/Min+er Harnish to consider the HCD comments prior to ratifying the Housing Element.
3996
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The Housing Element has been funded in the current Fiscal Year budget.
ENVIRONMENTAL REVIEW
The dra= 6th Cycle Housing Element is exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemp+on CEQA Guidelines §15061(b)(3) as the Housing Element has no poten+al to cause a significant effect on the environment; CEQA Guidelines §15060(c)(2) as a project that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
1. HCD 2023 Housing Element Comments
3997
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 10, 2023
Brent Cooper, Director
Community Development Department
City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
Dear Brent Cooper:
RE: Review of American Canyon’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of American Canyon’s (City) draft housing element received for review on November 14, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows:
1. Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
2. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) 3998
Brent Cooper, Director
Enforcement: While the element includes analysis of fair housing complaints, it must describe the City’s compliance with existing fair housing laws and regulations.
For additional information, please see pages 28-30 on HCD’s Affirmatively Furthering Fair Housing (AFFH) Guidance Memo at
https://www.hcd.ca.gov/communitydevelopment/affh/docs/AFFH_Document_Final_4-27-2021.pdf.
Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies program(s) to encourage and promote affordable housing; however, additional revisions will be needed to these programs to facilitate meaningful change. Furthermore, the element must include quantifiable metrics and milestones for evaluating progress on programs, actions, and fair housing results. Programs must generally address enhancing housing mobility, increasing housing opportunities in high resourced areas, place-based strategies for community revitalization, and addressing displacement risks. Programs also need to be based on identified contributing factors, be significant and meaningful.
3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Stock Condition: The element utilized housing age to determine number of units likely needing major rehab or replacement. However, the element should supplement this analysis with other data sources to better reflect the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/housing-stock-characteristics.
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory… (Gov. Code, § 65583, subd. (c)(1).)
3999
Brent Cooper, Director
Progress in Meeting the Regional Housing Need Allocation (RHNA): The element relies entirely on pipeline projects and accessory dwelling units (ADUs) to meet its RHNA. Specifically, the element has identified 1,539 units that are pending or approved. The element must demonstrate the availability of these units during the planning period. To demonstrate the availability of units within the planning period, the element should discuss anticipated completion, any anticipated barriers and other relevant factors. Examples of factors to consider include infrastructure schedules, the City’s past completion rates on pipeline projects, outreach with project developers, any expiration dates on entitlements, anticipated timelines for final approvals, and any remaining steps for projects to receive final entitlements.
Given the element’s reliance on pipeline projects, the element should include programs with actions that commit to facilitating development and monitoring approvals of the projects (e.g., coordination with applicants to approve remaining entitlements, supporting funding applications, expediating approvals, rezoning or identification of additional sites should the applications not be approved).
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types (Emergency Shelters): The element noted the City permits emergency shelters by-right in the LI and CC zones and there is sufficient capacity to address the need. However, the element should clarify that byright means permitting without any discretionary action. Second, the element should discuss the suitability of these zones, for example proximity to transportation and services for these sites, hazardous conditions, and any conditions in appropriate for human habitability.
Lastly, the element indicated that City complies with parking requirements pursuant to Government Code section 65583, subdivision a)(4)(A). Specifically, it notes that parking requirements for emergency shelters require two spaces per staff and one space per six occupants. However, state law limits parking requirements to employee parking, provided that requirements do not exceed the parking requirements for other commercial and residential uses in that zone. The element should clarify compliance with these requirements and include or modify a program, as necessary.
Programs: As noted above, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or 4000
Brent Cooper, Director
revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, while the element included an action to update the City’s ADU ordinance to remove subjective design criteria, the City received correspondence from HCD on February 7, 2023 noting several findings regarding inconsistencies between the City’s ADU ordinance and State Law. Program F (ADU) should be revised to specifically commit to revising the City’s ADU ordinance to address HCD’s findings.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities… …including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
Local Processing and Permit Procedures: While the element indicates most housing types are processed by-right and generally only required to have a design permit, the element should identify and analyze the approval findings, timelines for reviewing and approving these permits and any other relevant factors for impacts on housing supply (number of units), cost, timing and approval certainty.
SB 35 Streamlined Ministerial Approval Process: The element must clarify whether there are written procedures for the SB 35 (Chapter 366, Statutes of 2017) Streamlined Ministerial Approval Process and, if necessary, add a program to establish written procedures.
SB 330, 2019: The Housing Crisis Act of 2019 (SB 330), among several other provisions, prohibits a locality from imposing moratoriums and limiting approvals or population caps. The element acknowledges the City limits the number of units based on highway improvements and other transportation demand criteria and appears to trigger the provisions of the Housing Crisis Act. As a result, the element should analyze the City’s growth control policies specifically with compliance with SB 330. If the analysis indicates that the City’s current growth control policies 4001
Brent Cooper, Director
conflict with State law, the element should commit Program D to removing or suspending the City’s growth management policies immediately.
On/Off-Site Improvements: The element indicated that depending on the part of the City, on/off site improvements such as utilities, sidewalks, curbs, etc., will vary (pp. 5-35). However, the element should identity it must identify actual subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability.
Constraints on Housing for Persons with Disabilities:
• Reasonable Accommodation – While the element described the process for filing a reasonable accommodation request (p. 5-32), it should also include any approval findings or decision-making criteria used when reviewing a reasonable accommodation request.
• Group Homes for Seven or More Persons– the element included program C committing to define and create a process for large residential care facilitates (group homes for seven or more persons). However, to address constraints for persons with disabilities, this program should be revised to include more specific commitments. Specifically, this program should commit to allowing group homes of seven or more in all residential zones and allowing them with objectivity and certainty similar to other residential uses of the same form. Additionally, the element should discuss if the City imposes any spacing requirements for these uses. For more information, please visit:
https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/group-home-technical-advisory-2022.pdf.
Programs: As noted above, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements pursuant to Government Code section 65585.
As a reminder, the City’s 6th cycle housing element was due January 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element, adopt, and submit to HCD to regain housing element compliance.
4002
Brent Cooper, Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Gianna Marasovich, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
4003
CITY COUNCIL AGENDA
FEBRUARY 21, 2023
STAFF REPORT
BUSINESS
ITEM NUMBER: 13.
TITLE
Mid-Year Budget Adjustment for Fiscal Year 2022-23
RECOMMENDATION
Adopt a Resolu+on of the City Council of the City of American Canyon approving Mid-Year Budget Amendments to Fiscal Year 2022-23.
CONTACT
Juan Gomez, Finance Director
BACKGROUND & ANALYSIS
The City adopts a budget each June for the upcoming fiscal year. It covers the +me period of one fiscal year (July 1 through June 30). A6er the comple+on of the prior fiscal year's Annual Comprehensive Financial Report (ACFR) near the mid-term of the fiscal year, staff undertakes a comprehensive review of the City's financial posi+on. Although the FY 2022 audit is s+ll in progress, staff does not an+cipate major devia+ons to the City's unaudited financials. This proposed mid-year budget amendment es+mates revenue and expenditure expecta+ons and needs for the remainder of the current fiscal year.
During the "Mid-Year Budget Review" process, staff compares their respec+ve departments' actual revenue and expenditures, expecta+ons for the remainder of the fiscal year, and compares those results to amounts budgeted. The Finance Department evaluates major non-departmental revenue sources (property tax, sales tax, business license tax, transient occupancy tax, ect.) to determine if any mid-year adjustments are needed. Finance staff also evaluates any changes in compensa+on or cross-departmental expenses, such as insurance costs or personnel costs, and recommends adjustments as needed. This fiscal year's process includes ac+vity posted through January 31, 2023.
It also includes analysis about planned work not yet complete and unplanned work to this "Mid-Year Budget Review" and associated Mid-Year Budget Amendments that are included.
Staff presented a year-to-date fiscal analysis and proposed Mid-Year Budget amendments to the Finance Commi=ee on February 16, 2023, and the commi=ee recommended that the city council approve the Mid-Year Budget as presented.
4004
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The General Fund net decrease in appropria+ons from the mid-year budget amendment process is $2,441,623. The increase in revenues is $3,391,711 primarily consis+ng of both one +me and ongoing sales tax revenues and the increase in expenditures is $950,088. The revised net budgeted surplus is $2,302,769 which is expected to bring the unassigned General Fund-fund balance up to $5,458,976. A6er expected funding of reserves at fiscal year-end in the es+mated amount of $149,258 for the City General Fund Reserve and $100,000 for the Capital Projects Reserve, the unassigned fund balance is expected to be about $5,209,718 at the close of opera+ons for this fiscal year.
The General Fund Legal Services adjusted expenditure budget for this fiscal year is $340,353, so far this year, $174,155 has been expended. The requested amendment is for an increase of $349,295, which will bring the budget to $689,648.
Special Revenue Fund total net appropria+on amendments decreased $2,717,197, which is comprised of an increase of $604,999 in expenditures and an increase in revenues of $3,322,196.
The revised net income is $5,222,468 and es+mated ending fund balances for City funds is $21,654,990.
Capital Projects Fund revenue budget amendments decreased by $425,461, and no proposed changes to expenditures. The revised net increase in fund balance is $4,456,564 and es+mated ending fund balances for all capital project funds is $12,297,269.
Water Enterprise Fund appropria+on amendments total $3,697,190 which is comprised of an increase in expenditures of $200,000 and a decrease in revenues of $3,497,190. The revised net income is $176,859 and estimated ending net position for the water enterprise fund is $39,910,674.
Wastewater Enterprise Fund appropria+on amendments total $1,445,258, which is comprised of a decrease in expenditures of $169,207 and a decrease in revenues of $1,614,465. The revised net loss is $3,132,910 and estimated ending net position for City funds is $29,026,653. 4005
Recycled Water Enterprise Fund total net appropria+on amendments decreased $49,165 which is comprised of an increase in expenditures of $30,000 and an increase in revenues of $79,165. The revised net loss is $691,694 and estimated ending net position for City funds is negative $1,374,999.
Internal Service Fund appropria+on amendments total $366,000, which is comprised of an increase in expenditures of $41,000 and a decrease in revenues of $325,000. The revised net loss is $714,124 and estimated ending net position for City funds is negative $84,432.
ENVIRONMENTAL REVIEW
Not applicable.
ATTACHMENTS:
1. Resolution - Fiscal Year 2022-23 Mid-Year Budget Amendment
2. Exhibit A - Fiscal Year 2022-23 Mid-Year Budget Adjustments
3. Fiscal Year 2022-23 Mid-Year Budget Fund Balances
4006
RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING MID-YEAR BUDGET AMENDMENTS TO THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, the City Council reviewed the Fiscal Year 2022-23 Budget versus actual revenue and expenditure reports through January 31, 2023; and
WHEREAS, staff also reviewed the General Fund and discussed variances and general operations and noted that the City’s revenues are expected to exceed the estimated budget by the end of the fiscal year and that overall expenditures are expected to be in line with the current estimated budget; and
WHEREAS, there are some recommended changes to revenue and expense budgets that result from unforeseen or unanticipated events when the Fiscal Year 2022-23 Budget was adopted by the City Council on June 21, 2022 and require amendments to the budget as stated in Exhibit A, attached hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby resolves to approve the budget amendments attached hereto as Exhibit A.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Leon Garcia, Mayor
ATTEST:
_____________________________ _______________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 4007
Revenues Expenditures Revenues Expenditures Revenues Expenditures Revenues Expenditures Net Income Fund Fund Description Adopted Adopted Amended-To-Date Amended-To-Date Mid-Year Adjustment Mid-Year Adjustment Revised Amended Revised Amended Revised Expected 100 100 GENERAL FUND 24,328,466.00 24,566,745.84 24,328,466.00 24,739,450.03 3,391,711.00 950,088.00 27,720,177.00 25,689,538.03 2,030,638.97105 105 DEVELOPER PROJECTS 1,131,130.00 859,000.00 1,131,130.00 859,000.00 1,131,130.00 859,000.00 272,130.00210 210 STORM DRAIN/MEASURE A 52,458.00 810,000.00 52,458.00 810,000.00 52,458.00 810,000.00 (757,542.00)211 211 MEASURE T 1,603,842.00 1,864,495.00 1,603,842.00 1,864,495.00 1,603,842.00 1,864,495.00 (260,653.00)212 212 GAS TAX/ROAD MAINTENANCE 593,173.00 345,000.00 593,173.00 345,000.00 246,000.00 593,173.00 591,000.00 2,173.00213 213 GAS TAX RMRA 476,446.00 300,000.00 476,446.00 300,000.00 476,446.00 300,000.00 176,446.00215 215 CALHOME PROGRAM 306,034.00 306,000.00 306,034.00 306,000.00 306,034.00 306,000.00 34.00216 216 CDBG ‐ REHAB LOAN PROGRAM 12.00 ‐ ‐ 12.00 57,587.00 ‐ 57,599.00 57,599.00217 217 HOME PROGRAM 500,028.00 500,000.00 500,028.00 500,000.00 500,028.00 500,000.00 28.00218 218 STATE SUPP LAW ENF (COPS) 163,132.00 163,000.00 163,132.00 163,000.00 163,132.00 163,000.00 132.00220 220 BEGIN PROGRAM ‐ ‐ ‐ ‐ 34,608.95 ‐ 34,608.95 34,608.95230 230 STATE GRANTS 1,998,750.00 1,341,736.00 1,998,750.00 1,341,736.00 1,998,750.00 1,341,736.00 657,014.00240 240 FEDERAL GRANTS 6,500,000.00 882,493.00 6,500,000.00 882,493.00 152,407.15 6,500,000.00 1,034,900.15 5,465,099.85252 252 NEWELL OPEN SPACE PRESERVE 7,067.00 14,100.00 7,067.00 14,100.00 7,067.00 14,100.00 (7,033.00)254 254 LAVIGNE OPEN SPACE MAINTEN 421.00 7,600.00 421.00 7,600.00 421.00 7,600.00 (7,179.00)261 261 LLAD Zone 1, LaVigne 201,068.00 199,343.00 201,068.00 200,476.27 201,068.00 200,476.27 591.73262 262 LLAD Zone 2, Vintage Ranch 283,246.00 288,165.00 283,246.00 290,431.55 283,246.00 290,431.55 (7,185.55)263 263 LLAD Zone 3, Napa Junction 174,331.00 109,318.00 174,331.00 110,276.92 65,527.00 174,331.00 175,803.92 (1,472.92)275 275 GP UPDATE FEE FUND 39,893.00 54,800.00 39,893.00 54,800.00 141,065.00 39,893.00 195,865.00 (155,972.00)280 280 CANNABIS FUND ‐ ‐ 5,000.00 ‐ 5,000.00 5,000.00 (5,000.00)281 281 COMM FACILITIES DIST FUND ‐ ‐ 3,200,000.00 3,200,000.00 3,230,000.00 3,230,000.00 3,200,000.00 30,000.00282 282 LEGAL SETTLEMENT 779.00 ‐ ‐ 779.00 ‐ 779.00 779.00310 310 PARKS IMPACT FEE FUND 1,847,547.00 505,883.00 1,847,547.00 885,883.00 410,612.80 2,258,159.80 885,883.00 1,372,276.80320 320 TRAFFIC IMPACT FEE FUND 2,399,376.00 392,426.00 2,399,376.00 392,426.00 (978,982.20) 1,420,393.80 392,426.00 1,027,967.80330 330 CIVIC IMPACT FEE FUND 868,320.00 210,000.00 868,320.00 210,000.00 (191,160.95) 677,159.05 210,000.00 467,159.05340 340 AFFORDABLE HOUSING 1,831,689.00 100,000.00 1,831,689.00 100,000.00 (304,011.14) 1,527,677.86 100,000.00 1,427,677.86350 350 CAPITAL PROJECTS 9,642,748.00 9,728,320.00 10,022,748.00 10,108,320.00 1,001,354.10 11,024,102.10 10,108,320.00 915,782.10360 360 AMCAN RD E ASSMT DIST 75.00 314,821.00 75.00 314,821.00 75.00 314,821.00 (314,746.00)370 370 ZERO WATER FOOTPRINT 600,853.00 677,509.00 600,853.00 677,509.00 (363,273.62) 237,579.38 677,509.00 (439,929.62)380 380 UTILITY UNDERGROUND FUND 376.00 ‐ ‐ 376.00 ‐ 376.00 376.00420 420 CABERNET VILLAGE LSE DS 98,235.00 98,235.00 98,235.00 98,235.00 98,235.00 ‐ 98,235.00440 440 ENGIE EQUIP/LEASE DEBT SVC 35,502.00 35,502.00 35,502.00 35,502.00 35,502.00 ‐ 35,502.00510 510 WATER OPERATIONS 10,208,232.00 10,386,535.69 10,208,232.00 10,487,901.33 (332,045.00) 200,000.00 9,876,187.00 10,687,901.33 (811,714.33)515 515 WTR DEBT SERVICE FUND 85,675.00 21,682.00 85,675.00 21,682.00 85,675.00 21,682.00 63,993.00520 520 WATER CAPACITY FEE FUND 5,039,219.00 949,494.00 5,039,219.00 949,494.00 (3,165,145.00) 1,874,074.00 949,494.00 924,580.00530 530 WATER CIP ‐ ‐ ‐ ‐ ‐ ‐ ‐540 540 WASTEWATER OPERATIONS 4,680,493.00 7,679,173.47 4,680,493.00 8,285,052.13 388,767.00 (169,207.00) 5,069,260.00 8,115,845.13 (3,046,585.13)545 545 WW DEBT SERVICE FUND 206,641.00 52,296.00 206,641.00 52,296.00 206,641.00 52,296.00 154,345.00550 550 WASTEWATER CAPACITY FEE 2,777,903.00 422,194.00 2,777,903.00 422,194.00 (2,003,232.00) 774,671.00 422,194.00 352,477.00560 560 WW CIP 2,214,024.00 2,807,171.00 2,214,024.00 2,807,171.00 2,214,024.00 2,807,171.00 (593,147.00)570 570 WW CAPITAL RESERVE 75,874.00 ‐ ‐ 75,874.00 ‐ 75,874.00 75,874.00580 580 RECYCLED WATER FUND 129,618.00 847,979.54 129,618.00 870,476.25 79,165.00 30,000.00 208,783.00 900,476.25 (691,693.25)590 590 RECYCLED WATER CIP 820,413.00 820,414.00 820,413.00 820,414.00 820,413.00 820,414.00 (1.00)651 651 ISF ‐ BLDG MAINTENANCE 666,866.00 698,832.73 666,866.00 698,832.73 666,866.00 698,832.73 (31,966.73)652 652 ISF ‐ FLEET 1,047,857.00 1,046,724.03 1,047,857.00 1,339,178.59 (325,000.00) 25,000.00 722,857.00 1,364,178.59 (641,321.59)653 653 ISF ‐ INFO TECHNOLOGY 916,093.00 940,929.04 916,093.00 940,929.04 16,000.00 916,093.00 956,929.04 (40,836.04)654 654 ISF ‐ LEGAL SERVICES 185,000.00 185,000.00 185,000.00 185,000.00 185,000.00 ‐ 185,000.00 TOTAL 84,738,905.00 74,737,917.34 85,118,905.00 76,697,175.84 930,955.94 1,656,880.15 86,049,860.94 78,354,055.99 7,695,804.95 4008
Beginning Revenues Revenue Actuals Expenditures Expenditure Actuals Net Income Projected Ending Fund Fund Description Fund Balances Revised Amended Thru 1/31/2023 Revised Amended Thru 1/31/2023 Revised Fund Balances 100 100 GENERAL FUND 11,972,531.17 27,720,177.00 12,005,296.51 25,689,538.03 14,635,120.24 2,030,638.97 14,003,170.14105 105 DEVELOPER PROJECTS 614,026.11 1,131,130.00 777,686.40 859,000.00 595,330.95 272,130.00 886,156.11210 210 STORM DRAIN/MEASURE A 6,579,026.38 52,458.00 (15,175.71) 810,000.00 200,138.91 (757,542.00) 5,821,484.38211 211 MEASURE T 3,563,828.77 1,603,842.00 1,045,346.45 1,864,495.00 1,060,504.93 (260,653.00) 3,303,175.77212 212 GAS TAX/ROAD MAINTENANCE 494,418.85 593,173.00 331,703.94 591,000.00 290,087.87 2,173.00 496,591.85213 213 GAS TAX RMRA 1,364,454.07 476,446.00 241,089.47 300,000.00 300,000.00 176,446.00 1,540,900.07215 215 CALHOME PROGRAM 5,501.01 306,034.00 18.50 ‐ 306,000.00 34.00 5,535.01216 216 CDBG ‐ REHAB LOAN PROGRAM 9,963.03 57,599.00 ‐ 57,850.59 ‐ 57,599.00 67,562.03217 217 HOME PROGRAM 25,427.39 500,028.00 4,769.54 500,000.00 2,125.45 28.00 25,455.39218 218 STATE SUPP LAW ENF (COPS) 4,649.78 163,132.00 133,455.07 ‐ 163,000.00 132.00 4,781.78220 220 BEGIN PROGRAM 73,273.76 34,608.95 ‐ 34,608.95 ‐ 34,608.95 107,882.71230 230 STATE GRANTS (511,942.13) 1,998,750.00 240,176.16 1,341,736.00 329,659.54 657,014.00 145,071.87240 240 FEDERAL GRANTS (149,543.70) ‐ 6,500,000.00 1,034,900.15 306,700.15 5,465,099.85 5,315,556.15252 252 NEWELL OPEN SPACE PRESERVE 244,400.84 7,067.00 822.22 ‐ 14,100.00 (7,033.00) 237,367.84254 254 LAVIGNE OPEN SPACE MAINTEN 175,025.27 421.00 589.52 7,600.00 92.50 (7,179.00) 167,846.27261 261 LLAD Zone 1, LaVigne 558,067.72 201,068.00 101,645.60 200,476.27 84,206.51 591.73 558,659.45262 262 LLAD Zone 2, Vintage Ranch 1,041,628.48 283,246.00 131,250.01 290,431.55 102,660.58 (7,185.55) 1,034,442.93263 263 LLAD Zone 3, Napa Junction 1,344,764.31 174,331.00 81,380.54 175,803.92 67,444.75 (1,472.92) 1,343,291.39270 270 ZERO WATER FOOTPRINT 1,344,764.31 ‐ ‐ ‐ 1,344,764.31275 275 GP UPDATE FEE FUND 103,073.87 39,893.00 2,000.59 195,865.00 270,136.75 (155,972.00) (52,898.13)280 280 CANNABIS FUND (13,881.87) ‐ ‐ ‐ 5,000.00 (5,000.00) (18,881.87)281 281 COMM FACILITIES DIST FUND (248,668.08) 3,230,000.00 14,947.15 3,200,000.00 24,461.21 30,000.00 (218,668.08)282 282 LEGAL SETTLEMENT 424,290.01 779.00 ‐ 1,427.41 ‐ 779.00 425,069.01310 310 PARKS IMPACT FEE FUND 1,681,807.19 2,258,159.80 5,659.97 885,883.00 9,801.25 1,372,276.80 3,054,083.99320 320 TRAFFIC IMPACT FEE FUND 3,477,152.78 1,420,393.80 673,481.26 392,426.00 803.75 1,027,967.80 4,505,120.58330 330 CIVIC IMPACT FEE FUND 1,375,672.06 677,159.05 50,002.18 ‐ 210,000.00 467,159.05 1,842,831.11340 340 AFFORDABLE HOUSING 242,587.93 1,527,677.86 99,509.07 100,000.00 2,000.20 1,427,677.86 1,670,265.79350 350 CAPITAL PROJECTS 101,848.71 11,024,102.10 3,310,812.14 10,108,320.00 2,310,108.20 915,782.10 1,017,630.81360 360 AMCAN RD E ASSMT DIST 322,900.56 75.00 1,991.56 ‐ 314,821.00 (314,746.00) 8,154.56370 370 ZERO WATER FOOTPRINT 477,963.92 237,579.38 86,290.99 677,509.00 9,792.20 (439,929.62) 38,034.30380 380 UTILITY UNDERGROUND FUND 160,772.16 376.00 ‐ 540.87 ‐ 376.00 161,148.16420 420 CABERNET VILLAGE LSE DS ‐ ‐ 98,235.00 98,235.00 ‐ 49,117.44 ‐440 440 ENGIE EQUIP/LEASE DEBT SVC ‐ ‐ 35,502.00 35,502.00 ‐ 23,666.96 ‐510 510 WATER OPERATIONS 32,480,857.15 9,876,187.00 4,610,327.65 10,687,901.33 4,556,549.21 (811,714.33) 31,669,142.82515 515 WTR DEBT SERVICE FUND (122,586.04) ‐ 85,675.00 21,682.00 57,116.01 63,993.00 (58,593.04)520 520 WATER CAPACITY FEE FUND 5,443,915.68 1,874,074.00 290,136.77 949,494.00 91,354.51 924,580.00 6,368,495.68530 530 WATER CIP 1,931,628.89 ‐ ‐ ‐ ‐ ‐ 1,931,628.89540 540 WASTEWATER OPERATIONS 24,143,349.30 5,069,260.00 2,872,812.09 8,115,845.13 3,490,531.37 (3,046,585.13) 21,096,764.17545 545 WW DEBT SERVICE FUND (3,152,194.69) ‐ 206,641.00 52,296.00 137,759.81 154,345.00 (2,997,849.69)550 550 WASTEWATER CAPACITY FEE 6,110,044.01 774,671.00 230,053.74 ‐ 422,194.00 352,477.00 6,462,521.01 4009
Beginning Revenues Revenue Actuals Expenditures Expenditure Actuals Net Income Projected Ending Fund Fund Description Fund Balances Revised Amended Thru 1/31/2023 Revised Amended Thru 1/31/2023 Revised Fund Balances 560 560 WW CIP 4,518,531.56 2,214,024.00 45,917.69 2,807,171.00 45,917.69 (593,147.00) 3,925,384.56570 570 WW CAPITAL RESERVE 463,958.93 75,874.00 ‐ 1,560.87 ‐ 75,874.00 539,832.93580 580 RECYCLED WATER FUND (683,306.08) 208,783.00 134,995.14 900,476.25 164,806.63 (691,693.25) (1,374,999.33)590 590 RECYCLED WATER CIP ‐ 820,413.00 10,335.30 820,414.00 10,335.30 (1.00) (1.00)601 601 LAVIGNE SAD REASSMT REV BO 1,419,177.51 ‐ ‐ 232,411.89 ‐ 6,885.22 1,419,177.51602 602 AMCAN RD E INF REV BOND 1,411,451.25 ‐ ‐ 535,540.69 ‐ 792,158.01 1,411,451.25603 603 COMM FACILITIES DISTRICT 5,141,915.63 ‐ ‐ 491,675.62 ‐ 183,895.82 5,141,915.63610 610 TOURISM IMPROVEMENT DIST 88,015.28 ‐ ‐ 128,212.02 ‐ 149,751.79 88,015.28651 651 ISF ‐ BLDG MAINTENANCE 156,471.08 666,866.00 167,377.51 698,832.73 232,564.85 (31,966.73) 124,504.35652 652 ISF ‐ FLEET 416,517.73 722,857.00 189,863.62 1,364,178.59 451,042.58 (641,321.59) (224,803.86)653 653 ISF ‐ INFO TECHNOLOGY 257,921.23 916,093.00 229,084.76 956,929.04 558,241.00 (40,836.04) 217,085.19654 654 ISF ‐ LEGAL SERVICES (201,217.65) 185,000.00 45,735.50 185,000.00 ‐ 138,037.92 (201,217.65) TOTAL 116,684,235.43 86,049,860.94 29,635,217.81 78,354,055.99 31,740,908.06 7,695,804.95 124,380,040.38 4010
City Council Committee Report
Submitted
by: * Councilmember Mark Joseph
Council
Meeting
Date:
02/21/2023
Event
Date: 2023-02-15
Event Type Committee Report
Event Title:* Napa Valley Transportation Authority (NVTA) and related issues Event Report: City's Traffic Safety Meeting--attended the City's workshop. There was good attendance, but it highlights the need for Council to set policy. Specifically, how to resolve citizen requests vs. demonstrated need vs. available resources.
NVTA Board Meeting--This was one of the shortest meetings but had the best news! First, we learned that RM3 (the toll fare increase approved some years ago) survived a court challenge--this means there will be $20 million set aside for the SR29 corridor (and $16 million earmarked for our corridor project!). Second, Caltrans approved our Project Initiation Document (PID) for that project, which means we move to the environmental phase (and we have most of the money for that potentially $4 million phase). Lastly, we received an update on our Transit system. We're doing better, but not where we were before the pandemic.
Vision Zero Meeting--I attended the first of three stakeholder meetings for this project, which hopes to eliminate all traffic fatalities. Here's the link to the PowerPoint presentation. This was mostly an overview of the concepts and baseline data. The next session will focus on alternatives and options. The last meeting will review the draft report.
File/Photo Upload Max file size for all uploads is 10 MB Event
Date:
Event Type Committee Report
Event Title:* Climate Action
Event Report: ACHS Student Rally--there were around 50+ students that attended the Climate Rally on Feb. 8. The Mayor, Trustee Chu and I were there. Here's the link to the PowerPoint. This was mostly organized by the students and we had some healthy bites (vegan appetizers with a low carbon footprint). This was also to showcase the new Napa County Climate Challenge App, which calculates your current footprint and then offers ways to lower that level. It is also designed to work in a team environment. As a result, there were 39 teams involving over 800 students! Hats off to Mr. Ferrer's Third Period Math class, who won the first challenge (and received a pizza party).
Healthy People/Healthy Planet--I met with Sherry Tennyson from Napa Valley College about plans for a combination Health Fair/Earth Day event at the Wetlands on April 22. This would supplement the efforts of the Parks Foundation and the City, but include elements from the school (Students 4 Climate Action, etc.) and community stakeholders. We hope to offer healthy bites (Healthy Palate) to reinforce the holistic approach.
I also met with our new Climate Action Committee representative--Mayor Garcia--to discuss more of the background of the Countywide group.
File/Photo Upload Max file size for all uploads is 10 MB Event
Date:
Event Type Community Event
Event Title:* Community Events and Activities
Event Report: Kiwanis--our big focus is on the Crab Feed. There's still tickets available, but the VIP tables are sold out! (Thanks to Erica and Brent for picking up 2 of them)
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ACAF--spent my time working on grants to ensure we can produce the second annual ACHS Arts and MusicFest, and helped our President (Clarence Mamaril) on two others. Writing grants is a lot easier than trying to raise money with events and activities!!
Soup Bowl Fundraiser--this fundraiser for the Kiwanis Food Pantry is great. Not only did they raiser around $3000, but the soups' are incredibly good. Not a bad raffle, either.
Northern California Percussion Association (NCPA)--they held their first competition of the season at our High School.
It was a great show, and the Mayor and I (along with our spouses) handed out the awards.
Coffee at the Wetlands--got my exercise and a good chance to chat with community members. The weather was nice, too.
Politics--attended the monthly Napa County Democratic Central Committee; we heard a presentation on Medicare and appointed delegates to the State Conventions. Also organized an in-person American Canyon Democratic Club (AC/DC) meeting at Roundtable. Small turnout, but we may be able to attract more members in the future.
Valentine's Day Dinner at Laso--Cheryl and I quit going out on Valentine's Day years ago (not due to a lack of romance, but restaurants are usually overcrowded and the food/service is marginal), but when we heard Laso had a special dinner menu, we had to get back out there! The food was incredible and the service was great! Maybe love is in the air!! File/Photo Upload Max file size for all uploads is 10 MB 4012