American Canyon City Council
May 16, 2023

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
May 16, 2023
6:30 PM

AMENDED AGENDA
This agenda is amended to add Item No. 3 Real Property Nego(a(on - 205 Wetlands Edge Road, American Canyon.

City Council and other public meengs will be conducted in person at City Hall, 4381 Broadway, Suite 201, American Canyon, CA 94503. This meeng is also available via Zoom Teleconferencing as a convenience for public parcipaon.

This meeng will be broadcast live to residents on Napa Valley TV, on our website here and on YouTube here. Should technical issues with Zoom occur, please select another viewing option.

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

Written comments, via eComments: Please submit wri2en comments through the eComments link, located on the Mee-ngs & Agendas page of our websitehere. Comments will be available to council members in real -me. To allow for review of comments, eComments will close at 3:00 pm on the day of the mee-ng. All comments received will be posted online and become part of the mee-ng record.

Zoom Meeting Link: Click here.

Webinar ID: 852 5117 7763 Passcode: 123456
The above-iden-fied measures exceed all legal requirements for par-cipa-on in public comment, including those imposed by the Ralph M. Brown Act. For more informa-on, please call the Office of the City Clerk at (707) 647-4369 or email [email protected].

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

AMERICANS WITH DISABILITIES ACT: The City Council will provide materials in appropriate alterna-ve formats to comply with the Americans with Disabili-es Act. Please send a wri2en request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to Mayor: Leon Garcia
Vice Mayor: Pierre Washington
Councilmembers: Mariam Aboudamous, Mark Joseph, David Oro CITY COUNCIL MEETING AGENDA MAY 16, 2023
1 [email protected]. Include your name, address, phone number and brief descrip-on of the requested materials, as well as your preferred alterna-ve format or auxiliary aid, at least three calendar days before the meeting.
5:30 P.M. – CLOSED SESSION
The Mayor will call the meeng to order and conduct role call. Council will immediately convene into Closed Session a-er hearing any public comment on Closed Session items. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary.

CALL TO ORDER - CLOSED SESSION

ROLL CALL - CLOSED SESSION

PUBLIC COMMENTS - CLOSED SESSION ITEMS
This me is reserved for members of the public to address the City Council on Closed Session Items only. Comments must be made in person and are limited to 3 minutes. Comments for items on the Open Session agenda will be taken when the item is called in Open Session. Comments for Items not on the Closed Session or Open Session agenda will be heard during the Open Session Public Comment period.

MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
5:30 P.M. CLOSED SESSION ITEMS

1. Conference with Legal Counsel - Exis(ng Li(ga(on. Authorized pursuant to Government Code Section 54956.9(d)(1):
a. American Canyon I , LLC vs. Napa Unified School District (Napa Superior Court Case No. 22CV001145).
b. City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022-00327471).
c. City of American Canyon v. Leon Dale Schmidt, Napa County Superior Court Case No. 22CV001041.
d. Center for Biological Diversity v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000511.
e. Golden State Environmental Jus(ce Alliance v. City of American Canyon et al., Napa Superior Court Case No. 23cv000510.
f. City of Vallejo v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000517.

2. Conference with Legal Counsel – An(cipated Li(ga(on. Authorized pursuant to Government Code Section 54956.9 (d)(2).

One Matter.

3. Conference with Real Property Nego(ators - Authorized Pursuant to Government Code Section 54956.8
Property APN: 057-040-018-000 Site Address: 205 Wetlands Edge Road, American Canyon Agency negotiator(s): City Manager Jason B. Holley & City Attorney William D. Ross Under negotiation: Terms of property acquisition.

CITY COUNCIL MEETING AGENDA MAY 16, 2023
2 Recommendation: Closed Session Item.
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION

PLEDGE OF ALLEGIANCE

ROLL CALL - OPEN SESSION

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION

PROCLAMATIONS AND PRESENTATIONS

4. Proclamation - Memorial Day, May 29, 2023

5. Proclamation - Public Works Week

6. Proclamation - May 2023 as National Bike Month

7. Presentation from ACHS Link Crew

8. Presentation from Rotary of Napa & Spirit Horse

PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA This me is reserved for members of the public to address the City Council on items that are not on the Closed Session or Open Session agenda and are within the subject ma5er jurisdicon of the City Council. Comments are limited to 3 minutes. Comments for items on the Open Session agenda will be taken when the item is called in Open Session.The City Council is prohibited by law from taking any acon on ma5ers discussed that are not on the agenda, and no adverse conclusions should be drawn if the City Council does not respond to public comment at this time.

AGENDA CHANGES
The Mayor and Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by making that request during Public Comment.

CONSENT CALENDAR

9. Minutes of the Regular City Council meeting of December 20, 2022.

Recommendation: Approve the minutes of the Regular City Council meeting of May 2, 2023.

10. Minutes of the Special Joint City Council American Canyon Fire Protec(on District Closed Session meeting of May 2, 2023
Recommendation: Approve the minutes of the Special Joint City Council American Canyon Fire Protection District Closed Session meeting of May 2, 2023.

11. Minutes of the Regular City Council meeting of May 2, 2023 Recommendation: Approve the minutes of the Regular City Council meeting of May 2, 2023.

CITY COUNCIL MEETING AGENDA MAY 16, 2023
3 12. Report Upon Return from Closed Session for the Special Joint City Council/American Canyon Fire Protection District Closed Session Meeting of May 2, 2023 Recommendation: Approve the Report Upon Return from Closed Session for the Special Joint City Council/American Canyon Fire Protec-on District Closed Session mee-ng of May 2, 2023.

13. Report Upon Return from Closed Session for the Regular City Council Mee(ng of May 2, 2023
Recommendation: Approve the Report Upon Return from Closed Session for the Regular City Council meeting of May 2, 2023.

14. Smoke Free Multi-Unit Housing Ordinance
Recommendation: Waive final reading, read by -tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending the American Canyon Municipal Code Chapter 9.04 “Neighborhood Preserva-on” to prohibit smoking in any unit of a mul--unit residence and any common area of a multi-unit residence in the City of American Canyon.

15. Contract Amendment #1 with Robert Half Interna(onal Inc. for Temporary Staffing Services
Recommendation: Adopt a Resolu-on authorizing the City Manager to execute Amendment #1 to Agreement No. 2022-A148 with Robert Half International Inc.

16. Napa County Animal and Licensing Services Agreement Recommendation: Adopt a Resolu-on approving Amendment 7 to Napa County Agreement No. 170919B between the City of American Canyon and the Napa County Sheriff's Office for animal and licensing services for the period of July 1, 2023, through June 30, 2024.

17. Napa River Ecology Center Project Level Agreement
Recommendation: Adopt a Resolu-on increasing the Wetland Restora-on Plan (PR20-0300) Project Budget from $450,000 to $517,500 and approving a Project Level Agreement with the American Canyon Community and Parks Founda-on for an amount not to exceed $67,500.

18. Projects Funded by SB1/Road Maintenance and Rehabilita(on Account (RMRA) for Fiscal Year 2023/24
Recommendation: Adopt a Resolu-on approving a list of projects for Fiscal Year 2023/24 funded by SB1: The Road Repair and Accountability Act of 2017.

PUBLIC HEARINGS

19. Safe Gun Storage Ordinance
Recommendation: Waive first reading by -tle only, and adopt an Ordinance amending Title 9 of the City of American Canyon Municipal code to add Chapter 8.19 Safe Firearm Storage requiring residents to safely store firearms in their residences.

20. 106 Wilson Way - Second Special Assessment Lien
CITY COUNCIL MEETING AGENDA MAY 16, 2023
4 Recommendation: Adopt a Resolu-on of the City Council of the City of American Canyon confirming the second report of proceedings and accoun-ng for the costs incurred in aba-ng the public nuisance located at 106 Wilson Way and no-ce of ordering the imposition of a second special assessment lien.

BUSINESS

21. Review Proposed Fiscal Year 2023-24 Budget
Recommendation: Review Proposed Fiscal Year 2023-24 Budget

MANAGEMENT AND STAFF ORAL REPORTS

22. Maintenance and Utilities Department, Environmental Services Division Update Recommendation: Receive a Presenta-on on Maintenance and U-li-es Department, Environmental Services Division Update.

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

23. City Council Committee Report - Vice Mayor Pierre Washington

24. City Council Committee Report - Councilmember Mark Joseph

25. Future Agenda Items of Note:

June 6, 2023 Council Meeting
Juneteenth
LGBTQ Pride Month
Philippine Cultural Month
Fair Housing Napa Valley Presentation
Napa Housing Authority Annual Presentation
Final FY 23/24 Budget
LLAD Engineers Report
Napa River Ecology Center Term Sheet
June 20, 2023 Regular Council Meeting (6:30p)
June 20, 2023 Special City Council Meeting with Open Space, Ac(ve Transporta(on and Sustainability Commission (7:30p)
OSATS FY 23/24 Annual Work Plan
June 20, 2023 Special City Council Mee(ng with Parks and Community Services Commission (8:30p)
PCS FY 23/24 Annual Work Plan
July 4, 2023 Council Meeting Cancelled Due to Fourth of July Holiday CITY COUNCIL MEETING AGENDA MAY 16, 2023
5 ADJOURNMENT

CERTIFICATION
I, Taresa Geilfuss, CMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing agenda of the City Council was posted in compliance with the Brown Act prior to the meeting date. ______________________________________
Taresa Geilfuss, CMC, City Clerk
CITY COUNCIL MEETING AGENDA MAY 16, 2023
6 CITY OF AMERICAN CANYON

PROCLAMATION

Memorial Day – May 29, 2023
WHEREAS, on Memorial Day, we undertake our solemn duty to remember the courageous men and women who made the ultimate sacrifice in the defense of our country and the cause of freedom around the world; and
WHEREAS, as we honor those who answered the call of duty, we understand and appreciate the values of patriotism, citizenship, commitment, honor, and duty; and WHEREAS, when we consider the sacrifice, we must never forget that freedom comes at a cost, and we are the beneficiaries of their sacrifice; and
WHEREAS, even though the loss of a fallen hero can never be replaced, Memorial Day is an opportunity for all of us to recognize and honor our military fallen and Gold Star families through faith, love, and peace; and
WHEREAS, the American Canyon Troop Support, Vallejo VFW Post 1123, Napa American Legion Post 113, American Canyon Lions Club, Boy Scouts Troop 7062, and Cub Scout Troop 7178 joined Gold Star families, various community leaders, and members will be gathering in remembrance at Veterans Memorial Park on May 29, 2023, for a Memorial Day Ceremony.

NOW, THEREFORE, BE IT RESOLVED that I, Leon Garcia, Mayor of the City of American Canyon on behalf of the City Council, do proclaim Monday, May 29, 2023 as Memorial Day - a day for paying our respects and honoring the men and women who gave their lives serving our country, and to their families who continue to honor their memory and legacy.

Dated: May 16, 2023 ____________________________________ Mayor Leon Garcia
7 CITY OF AMERICAN CANYON

PROCLAMATION
May 2023 as National Bike Month
WHEREAS, the City of American Canyon recognizes May 2023 as National Bike Month which creates an opportunity for our community to celebrate the simple joys of getting outside and riding a bike; and WHEREAS, bicycling stimulates fun and inspires a healthy and active lifestyle for all ages and skills levels; and WHEREAS, bicycle riding is an environmentally-friendly form of transportation that increases air quality, reduces air pollution, carbon dioxide, and greenhouse gas emissions that contribute to global climate change; and
WHEREAS, having bikeways are good for the entire community, calming traffic and reducing congestion on roadways creating a safer environment for people walking and children playing; and WHEREAS, bicycling can help improve mental health by reducing stress, anxiety, and depression, can enhance creativity and productivity; and
WHEREAS, programs like Safe Routes to School, Bike Bash Event, Family Biking Workshops, and Bike to Work and School Day, provide critical opportunities to both educate and encourage members of our community to walk and bike; and
WHEREAS, The City of American Canyon encourages everyone to Bike to Work or School on Thursday, May 18th, 2023, and “Pledge to Ride” their bicycle for short trips at least once a week throughout the month of May 2023; and
WHEREAS, the City of American Canyon encourages everyone to participate in our Bike Bash Event on Saturday, May 20th, 2023 from 9:00am-12:00pm at Community Park I - in partnership with Napa County Bicycle Coalition, American Canyon Police Department, American Canyon Fire District, American Canyon Cycling, and American Canyon Bike Shop; and
NOW, THEREFORE, BE IT RESOLVED that I, Mayor Leon Garcia, on behalf of the entire City Council, do hereby proclaim May 2023 as Bike Month and Thursday, May 18th, 2023 as Bike to Work and School Day in American Canyon.

Dated: May 16, 2023 ________________________________
Leon Garcia, Mayor
8 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
December 20, 2022

AMENDED AGENDA
PUBLIC ADDRESS – CLOSED SESSION
4:00 P.M. CLOSED SESSION

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

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

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

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

ROLL CALL

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

Absent: None
Excused: None

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney William Ross provided an oral report upon return from closed session. Closed session commenced at 4:00 p.m. Closed session adjourned at 6:15 p.m. A written report will be provided.

PROCLAMATIONS AND PRESENTATIONS
There were no proclamations or presentations. Police Chief Rich Greenberg introduced the new Police Lieutenant Nicolle Dudley.

PUBLIC COMMENTS - ITEMS NOT ON THE AGENDA
Mayor Garcia called for public comments. Justin Hamilton Hole was called to speak; Yvonne Baginski was called to speak. The public comments period was closed. 9 AGENDA CHANGES
There were no agenda changes.

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

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

Absent: None
Excused: None

2. Report Upon Return from Closed Session
Action: Approved the Report Upon Return from Closed Session from the Regular City Council Meeting of December 6, 2022.

3. AB361 In Person and Remote Teleconferenced Meetings - December 20, 2022 - January 19, 2022
Action: Adopted Resolution 2022-R110 reaffirming that, due to the continuing COVID-19 Pandemic, a local emergency exists, re-ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020 and authorizing in-person and remote teleconferenced meetings of legislative and advisory bodies of the City of American Canyon for the period of December 20, 2022 - January 17, 2023, pursuant to the Ralph M.

Brown Act.

4. Quarterly Investment Report for City and Fire District Fiscal Year 2022-23 Quarter 1 Action: Received and filed the City and Fire District's Treasurer's Report for the month ended September 30, 2022.

5. 2023 Local Commission and Committee Appointments List Action: Received and filed the "2023 Local Commission and Committee Appointments List" and directed staff to recruit for vacant and expired positions.

PUBLIC HEARINGS

6. 106 Wilson Way - Special Assessment Lien Continued from December 6, 2022 Council received a staff report from City Attorney William Ross. Mayor Garcia opened the public hearing. Written comments: none. Oral comments: none. The Public Hearing was closed.

Action: Motion to adopt Resolution 2022-R111 of the City Council of the City of American Canyon confirming the report of proceedings and accounting for the costs incurred in abating the public nuisance located at 106 Wilson Way and notice of ordering the 10 imposition of a Special Assessment Lien made by Councilmember David Oro, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

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

Absent: None
Excused: None

BUSINESS

7. New Open Space, Active Transportation, and Sustainability Commission Council received a staff report from City Manager Jason Holley. Mayor Garcia called for public comments. Written comments: none. Oral comments: Nance Matson was called to speak; Barry Christian was called to speak; Beth Marcus was called to speak. The public comments period was closed.

Action: Motion to adopt Resolution 2022-R122 reconstituting the Open Space Advisory Committee as the Open Space, Active Transportation and Sustainability Commission, and approving the Commission's Fiscal Year 2022/2023 Work Plan as amended made by Councilmember Mark Joseph, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

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

Absent: None
Excused: None

8. Human Resources Annual Presentation
Council received a staff report with a presentation from Assistant City Manager Maria Ojeda with Human Resources Officer II Scott Corey.

Action: Received and filed a report on City workforce trends and demographics from the Human Resources Division.

9. Matters relating to the selection of Vice Mayor and various City Council committee appointments for 2023
Council received a staff report from City Manager Jason Holley. Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed.

Action: Motion to adopt By Minute Order 2022-09, the selection of Pierre Washington to serve as Vice Mayor for a one-year term, January to December 2023 made by 11 Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

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

Absent: None
Excused: None
Mayor Garcia called for public comments on City Council committee appointments.

Written comments: none. Oral comments: Beth Marcus was called to speak; Fran Lemos was called to speak. The public comments period was closed.

Action: Motion to adopt by Minute Order the "2023 City Council Appointments List" as amended, including LAFCO appointment remaining with Vice Mayor Aboudamous made by Councilmember Mark Joseph, seconded by Vice Mayor Mariam Aboudamous, and FAILED by roll call vote.

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

Absent: None
Excused: None
Action: Motion to adopt by Minute Order 2022-10 the approved the "2023 City Council Appointments List" as amended, excluding the LAFCO appointment to be considered at a future meeting, made by Councilmember Pierre Washington, seconded by Councilmember David Oro, and CARRIED by roll call vote.

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

Absent: None
Excused: None

MANAGEMENT AND STAFF ORAL REPORTS
City Manager Jason Holley announced Juan Gomez will be joining our team as the new Finance Director on January, 2023.
12 MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS

10. Council Committee Report - Councilmember Mark Joseph Action: Receive and file the Council Committee Report from Councilmember Mark Joseph.

Councilmembers reported on items of interest to the community.

Selection of a LAFCO representative will be added to the January 17, 2023, agenda.

11. Future Agenda Items of Note:

January 17, 2023
Measure T Maintenance of Effort
OSATS Ordinance
Annual Cannabis Report
Parks, Buildings, and Recreation Update
February 7, 2023
Black History Month Proclamation
ARPA Funds: Skatepark and Playground Upgrades
Auditors Report FY 21/22
February 21, 2023
Giovanonni Project
Fire Impact Fees
Recreation User Fee Schedule

ADJOURNMENT
Council observed a moment of silence for Harry T. Price, Mayor of Fairfield, and adjourned to sing carols at 8:29 p.m.

CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
13 CITY OF AMERICAN CANYON

SPECIAL JOINT CITY COUNCIL/AMERICAN CANYON FIRE PROTECTION DISTRICT

CLOSED SESSION MEETING

ACTION MINUTES
May 2, 2023
4:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER
The meeting was called to order at 4:30 p.m.

ROLL CALL

Present: Mayor/Board Chair Leon Garcia, Vice Mayor/Board Vice Chair Pierre Washington, Councilmember/Board Member Mark Joseph, Councilmember/Board Member David Oro

Absent: Councilmember/Board Member Mariam Aboudamous

PUBLIC COMMENT - ITEMS NOT ON THE AGENDA
Mayor/Board Chair Leon Garcia called for public comments. Written comments: none. Oral comments: none. The public comment period was closed.

Councilmember/Board Member Mariam Aboudamous joined the meeting at 4:32 p.m.

CLOSED SESSION ITEMS

1.) Matters Relating to Public Employment Public Employee Performance Evaluations Pursuant to Government Code Section 54957.

Position: City Manager
Position: City Attorney
Position: Fire Chief
Position: District Counsel

REPORT FROM CLOSED SESSION
Legal Counsel William Ross orally reported following Closed Session. A written Report Upon Return from Closed Session will be prepared consistent with Government Code Section 54957.1. 14 ADJOURNMENT
The meeting was adjourned at 5:09 p.m.

CERTIFICATION
Respectfully Submitted,
___________________________________
Taresa Geilfuss, CMC, City Clerk
15 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
May 2, 2023
PUBLIC ADDRESS – CLOSED SESSION 5:30 P.M.

CALL TO ORDER - CLOSED SESSION
The meeting was called to order at 5:33 p.m.

ROLL CALL - CLOSED SESSION

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

Absent: None
Excused: None

PUBLIC COMMENTS - CLOSED SESSION ITEMS
Mayor Garcia called for comments on Closed Session Items. Written comments: none. Oral comments:
none. The public comment period was closed.

CLOSED SESSION ITEMS

1. Matters Relating to Public Employment Public Employee Performance Evaluation Pursuant to Government Code Section 54957.

Position: Jason Holley, City Manager

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

3. Conference with Legal Counsel - Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1):

American Canyon I , LLC vs. Napa Unified School District (Napa Superior Court Case No. 22CV001145).

City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022- 00327471).

City of American Canyon v. Leon Dale Schmidt, Napa County Superior Court Case No. 22CV001041.
16 Center for Biological Diversity v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000511.

Golden State Environmental Justice Alliance v. City of American Canyon et al., Napa Superior Court Case No. 23cv000510.

City of Vallejo v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000517.

MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
Council recessed to Closed Session at 5:33 p.m.
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER
The meeting was called to order at 6:41 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

ROLL CALL

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

Absent: None
Excused: None

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION City Attorney William Ross provided an oral report upon return from closed session. Closed session commenced at 5:33 p.m. Closed session adjourned at 6:33 p.m. A written report will be provided.

Action: Motion to move Business Item 18. Kids Commerce up in the agenda to before Proclamations made by Councilmember David Oro, seconded by Vice Mayor Pierre Washington, and CARRIED by roll call vote.

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

Absent: None
Excused: None
17 18. Kids Commerce Business License Fee Waiver
Council received a presentation from Valerie Zizak-Morais, Chamber of Commerce. Child entrepreneurs accepted their new Business Licenses. Mayor Garcia opened Public Comments. Written: none. Oral: Silvia Regulado-Zaclad was called to speak. The public comment period was closed.

Action: Motion to adopt Minute Order 2023-11 waiving Business License Fees for youth participants in the American Canyon Chamber of Commerce's "Kid's Commerce" program by Councilmember David Oro, seconded by Councilmember Mariam Aboudamous, and CARRIED by roll call vote.

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

Absent: None
Excused: None
The meeting was recessed at 6:50 p.m. and reconvened at 7:05 p.m.

PROCLAMATIONS AND PRESENTATIONS

4. Proclamation - Older Americans Month May 2023
Mayor Garcia announced the proclamation. Proclamation was accepted by Mrs. Payne of the Agency on Aging.

5. Proclamation - Historic Preservation Month
Mayor Garcia announced the proclamation. The proclamation was accepted by Napa County Landmarks Board Member John Sensenbaugh.

6. Proclamation - Mental Health Matters Month
Mayor Garcia announced the proclamation. The proclamation was accepted by Mental Health Director Cassandra Eslami and Chair of the Mental Health Board Robert Palmer. They requested anyone interested in serving on the Napa County Mental Health Board contact them.

7. Proclamation - May 2023 Asian American and Native Hawaiian/Pacific Islander Heritage Month
Mayor Garcia announced the proclamation. The proclamation was accepted by Kasama Lee.

8. Proclamation - 54th Annual Professional Municipal Clerks Week Mayor Garcia announced the proclamation. The proclamation was accepted by City Clerk Taresa Geilfuss and Deputy City Clerk Cherri Walton.
18 PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Garcia called for public comments. Russell Charpentier was called to speak; Jason Kishineff was called to speak; Justin Hamilton Hole was called to speak; Fran Lemos was called to speak. The public comments period was closed.

AGENDA CHANGES
There were no changes to the agenda.

CONSENT CALENDAR
Action: Motion to adopt the Consent Calendar made by Councilmember David Oro, seconded by Vice Mayor Pierre Washington, and CARRIED by roll call vote.

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

Absent: None
Excused: None

9. City Council Minutes of April 18, 2023
Action: Approved the minutes of the Regular City Council meeting of April 18, 2023.

10. Contract Amendment #8 Brightview Landscape
Action: Adopted Resolution 2023-31 authorizing the City Manager to execute Amendment 8 (Agreement 2023-45) to Agreement 2017-111 with BrightView Landscape Services in the amount of $21,012 for a total contract amount not to exceed $2,605,011 for ongoing landscape maintenance for the new Devlin Road Extension.

11. Title 10 - Vehicles and Traffic, Chapter 10.56 Speed Limits Code Update Action: Waived second reading, read by title only, and adopt Ordinance 2023-04 amending Title 10 - Vehicles and Traffic, Chapter 10.56 Speed Limits of the American Canyon Municipal Code.

12. Interwest Consulting Group Building and Safety Services contract augment and one-year extension
Action: Adopted Resolution 2023-32 of the City Council of the City of American Canyon approving Amendment 16 (Agreement 2023-46) to Agreement 2011-A105 with the Interwest Consulting Group to extend the contract for Building and Safety Services to the end of Fiscal Year 2023/24 and increase the total contract amount by $642,000 not to exceed $3,784,500.

13. Lance Soll and Lunghard LLP contract amendment and extension Action: Adopted Resolution 2023-33 of the City Council of the City of American Canyon approving Amendment 2 (2023-47) to Agreement 2022-A101 with Lance Soll and Lunghard LLP (Exhibit A) to increase the total contract amount by $110,000 to an amount not to exceed $159,900, extend 19 the contract term to June 30, 2024, and amend the Fiscal Year 2022/23 budget to account for the additional contract cost during the current fiscal year.

14. Quarterly Investment Report for City and Fire District for Fiscal Year 2022-23 Quarter 3 Action: Received and filed the City and Fire District's Treasurer's Report for the quarter ended March 31, 2023.

15. HdL Companies Cannabis Permit Management services 2-year contract extension Action: Adopted Resolution 2023-34 of the City Council of the City of American Canyon approving Amendment No. 4 (2023-48) to Agreement No. 2018-177 with HdL Companies for a 2-year contract extension for Commercial Cannabis Permit Management Services from July 1, 2023, to June 30, 2025.

16. Report Upon Return from Closed Session - April 18, 2023 Action: Approved the Report Upon Return from Closed Session for the meeting of April 18, 2023.

PUBLIC HEARINGS

17. Smoke Free Multi-Unit Housing Ordinance
Council received a staff report from Community Development Director Brent Cooper with student partners on the Napa Youth Council. Mayor Garcia opened the public hearing and called for public comments. Linda Colin Jurado was called to speak; Briana Lopez was called to speak; Nance Matson was called to speak. Public comments and the public hearing were closed.

Action: Motion to Waive first reading, read by title only, and adopt an Ordinance by the City Council of the City of American Canyon amending the American Canyon Municipal Code Chapter 9.04 "Neighborhood Preservation" to prohibit smoking in any unit of a multi-unit residence and any common area of a multi-unit residence in the City of American Canyon made by Councilmember Mariam Aboudamous, seconded by Vice Mayor Pierre Washington, and CARRIED by roll call vote.

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

Absent: None
Excused: None

BUSINESS

19. Pooled Insurance Program
Council received a staff report from Assistant City Manager Maria Ojeda with a presentation by consultants from Alliant Insurance Services. Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed. 20 MANAGEMENT AND STAFF ORAL REPORTS
Council received oral updates from Parks & Recreation Director Alexandra Ikeda.

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

20. City Council Committee Report - Councilmember Joseph

21. City Council Committee Report - Councilmember Oro

22. Future Agenda Items of Note:

May 16, 2023, Council Meeting
Memorial Day
Public Works Week
Rotary of Napa and NCOE Presentation on Spirit Horse
Safe Gambling Student Presentation
Safe Gun Storage Ordinance
LLAD Draft Engineers Report
Proposed FY 23/24 Budget
June 6, 2023, Council Meeting
Juneteenth
LGBTQ Pride Month
Philippine Cultural Month
Final FY 23/24 Budget
LLAD Annual Budget
June 20, 2023, Council Meeting
Fair Housing Napa Valley Annual Report
Napa Housing Authority Annual Report
June 20, 2023, Special Meeting with Open Space, Active Transportation and Sustainability Commission (7:30p)
FY 23/24 Annual Work Plan
June 20, 2023, Special Meeting with Parks and Community Services Commission (8:30p) FY 23/24 Annual Work Plan
July 4, 2023, Council Meeting Cancelled Due to Fourth of July Holiday

ADJOURNMENT
The meeting was adjourned at 8:58 p.m.
21 CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, CMC, City Clerk
22 William D. Ross
David Schwarz
Kypros G. Hostetter
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
Facsimile: (650) 843-8093
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File Nos: 199/6 & 199/3
May 5, 2023

VIA E-MAIL
The Honorable Leon Garcia, Mayor The Honorable Leon Garcia, Chair and Members of the City Council and Members of the Board of City of American Canyon Directors
4381 Broadway, Suite 201 American Canyon Fire Protection District American Canyon, CA 94503 911 Donaldson Way
American Canyon, CA 94503
Re: Report Upon Return from Closed Session; Virtual Special Joint Meeting; City of American Canyon; American Canyon Fire Protection District; May 2, 2023 Council and Board Members:

This communication sets forth reportable action, if any, of the May 2, 2023 Joint Special Closed Session Meeting of the City Council (“Council”) of the City of American Canyon (“City”) and the Board of Directors (“Board”) of the American Canyon Fire Protection District (“District”), consistent with Government Code Section 54957.1.

Mayor/Board Chair Leon Garcia called the Joint Meeting to order in Open Session at 4:31 p.m. to determine if there were any public comments on the sole matter agendized for Closed Session consideration and upon determination that there were no public comments, the Board and Council adjourned to Closed Session at 4:32 p.m.

There was one matter agendized for City/District Closed Session consideration:

1. Matters Relating to Public Employment Public Employee Performance Evaluations
Pursuant to Government Code Section 54957.

Position: City Manager
Position: City Attorney
Position: Fire Chief
Position: District Counsel
With respect to Closed Session Agenda Item No. 1., there was no reportable action under the provisions of Government Code Section 54957.
23 May 5, 2023

Your Council/Board concluded the Closed Session at 5:08 p.m.

It was indicated that a written report upon return from Closed Session consistent with Government Code Section 54957.1, would be prepared concerning the matters agendized for Closed Session.

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

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

Very truly yours,
William D. Ross
City Attorney
WDR:jf
cc: Jason B. Holley, City Manager
Maria Ojeda, Assistant City Manager
Taresa Geilfuss, City Clerk
Cherri Walton, Deputy City Clerk
Geoff Belyea, District Chief
Martha Banuelos, Fire Executive Assistant/Office Administrator 24 William D. Ross
David Schwarz
Kypros G. Hostetter
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
Facsimile: (650) 843-8093
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 199/6
May 4, 2023

VIA E-MAIL
The Honorable Leon Garcia, Mayor
and Members of the City Council
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Re: Report Upon Return from Closed Session; Virtual Regular City Council Closed Session Meeting of the American Canyon City Council; May 2, 2023 Dear Mayor Garcia and Members of the City Council:

This communication sets forth reportable action, if any, of the City Council (“Council”) of the City of American Canyon (“City”), consistent with provisions of the Ralph M. Brown Opening Meeting Act (Government Code Section 54950, et seq.) resulting from the Closed Session of the Virtual Regular City Council Closed Session Meeting of May 2, 2023, consistent with Government Code Section 54957.1.

Mayor Leon Garcia called the meeting to order in Open Session at 5:33 p.m. and upon concluding that there were no public comments on Closed Session matters, adjourned to Closed Session at 5:33 p.m.

There were three matters agendized for City Closed Session consideration.

1. Matters Relating to Public Employment Public Employee Performance Evaluation
Pursuant to Government Code Section 54957
Position: Jason Holley, City Manager

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

3. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1):
25 The Honorable Leon Garcia, Mayor
and Members of the City Council
May 4, 2023

a. American Canyon I, LLC v. Napa Valley Unified School District (Napa County Superior Court Case No
22CV001145).
b. City of American Canyon v. City of Vallejo, et al.
(Sacramento Superior Court Case No. 34-2022-00327471).
c. City of American Canyon v. Leon Dale Schmidt, (Napa
County Superior Court Case No. 22CV001041).
d. Center for Biological Diversity v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000511. e. Golden State Environmental Justice Alliance v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000510
f. City of Vallejo v. City of American Canyon et al., Napa County Superior Court Case No. 23CV000517.

With respect to Closed Session Agenda Item No. 1., there was consideration of that matter.

With respect to Closed Session Agenda Item No. 2., specific direction was given to Staff to respond to the offer for settlement of California Trenchless, Inc., to refuse that offer and reaffirm the previous offer for settlement. Except as indicated, there was no other reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).

With respect to Closed Session Agenda Item No. 3.a. although there was Council direction, there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1). It was noted that there was a settlement meeting scheduled for Wednesday, May 3, 2023 at 2:30 p.m. with the Napa Valley Unified School District Superintendent, other School Officials and Counsel and the City Manager, City Attorney and City Planning Director.

With respect to Closed Session Agenda Item No. 3.b., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1), except to note that it was related to Closed Session Agenda Item No. 3.d. Infra With respect to Closed Session Agenda Item No. 3.c., although direction was given, there was no reportable action under the common law attorney-client privilege or that provided by Government Code Section 54956.9(d)(1).
26 The Honorable Leon Garcia, Mayor
and Members of the City Council
May 4, 2023

With respect to Closed Session Agenda Item Nos. 3.d., 3.e. and 3.f., although specific direction was given, there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1), with an exception to Agenda Item No. 3.f., where direction was given (5-0) to appoint two Council representatives, Councilmembers Joseph and Oro, to attempt to meet with two members of the City of Vallejo (“Vallejo”) Council in order to discuss issues associated with Vallejo’s initiation of litigation.

Your Council concluded the Closed Session at 6:33 p.m.

In Open Session, it was indicated that a written report upon return from Closed Session consistent with Government Code Section 54957.1, would be prepared concerning the matters agendized for Closed Session.

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

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

Very truly yours,
William D. Ross
City Attorney
WDR:jf
cc: Jason B. Holley, City Manager
Maria Ojeda, Assistant City Manager
Taresa Geilfuss, City Clerk
Cherri Walton, Deputy City Clerk
27 CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

CONSENT
ITEM NUMBER: 14.

TITLE
Smoke Free Multi-Unit Housing Ordinance

RECOMMENDATION
Waive final reading, read by /tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending the American Canyon Municipal Code Chapter 9.04 “Neighborhood Preserva/on” to prohibit smoking in any unit of a mul/-unit residence and any common area of a multi-unit residence in the City of American Canyon.

CONTACT
Brent Cooper, AICP, Community Development Director

BACKGROUND & ANALYSIS
On May 2, 2023, the City Council adopted an ordinance amending the American Canyon Municipal Code Chapter 9.04 “Neighborhood Preserva/on” to prohibit smoking in any unit of a mul/-unit residence and any common area of a mul/-unit residence in the City of American Canyon. A copy of the Neighborhood Preserva/on Ordinance with the addi/on of smoke-free mul/unit standards is included in Attachment 1.

The ordinance was sponsored by the Napa Youth Council and the Napa County Health and Human Services Agency because numerous studies have found that tobacco smoke is a major contributor to indoor air pollu/on, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory func/on, including asthma/cs and those with obstruc/ve airway disease. Adop/ng the ordinance will bolster efforts to reduce the number of people in American Canyon that die from tobacco-related diseases every year, making it the na/on’s leading cause of preventable death.

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

FISCAL IMPACT
Enforcement ac/ons associated with the proposed Smoke Free Mul/-Unit Ordinance will become a 28 part of the Code Enforcement service and is included in the current and future fiscal year budgets.

ENVIRONMENTAL REVIEW
Environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to Sec/ons 15060(c)(2) (the ac/vity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the ac/vity is not a project as defined in Sec/on 15378) of the CEQA Guidelines, California Code of Regula/ons, Title 14, Chapter 3, because it has no poten/al for resul/ng in physical change to the environment, directly or indirectly and it prevents changes in the environment pending the comple/on of the contemplated municipal code review.

ATTACHMENTS:

1. Ordinance - Smoke Free Multi Unit
29 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AMENDING AMERICAN CANYON MUNICIPAL CODE CHAPTER 9.04 “NEIGHBORHOOD PRESERVATION” TO

PROHIBIT SMOKING IN ANY UNIT OF A MULTI-UNIT RESIDENCE AND ANY COMMON AREA OF A

MULTI-UNIT RESIDENCE IN THE CITY OF AMERICAN CANYON
WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease); and WHEREAS, health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, broncho-constriction, and broncho-spasm; and WHEREAS, more than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death; and WHEREAS, the United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a Group “A” carcinogen, the most dangerous class of carcinogen; and
WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke; and
WHEREAS, just 30 minutes of exposure to secondhand smoke is sufficient to damage blood vessels in a healthy nonsmoker; and
WHEREAS, the California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants of mothers who smoke; and WHEREAS, in the United States, secondhand smoke is thought to cause about 46,000 heart disease deaths each year; and
WHEREAS, secondhand smoke can seep under doorways and through wall cracks; and WHEREAS, the only way to fully protect nonsmokers from secondhand smoke is to completely eliminate smoking in indoor spaces. Separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely eliminate exposure to secondhand smoke; and WHEREAS, cigarette butts pose a health threat to children. Small children who had ingested cigarette butts exhibited symptoms of illness such as spontaneous vomiting, nausea, lethargy, and gagging; and 30 WHEREAS, cigarette butts are a major and persistent source of litter. In the last 25 years of coastal cleanups, cigarette and cigarette filters ranked as the number one source of waste comprising nearly 32% of all collected litter items; and
WHEREAS, electronic smoking devices and other unapproved nicotine delivery products have a high appeal to youth due to their high tech design and availability in child-friendly flavors like cotton candy, bubble gum, chocolate chip cookie dough and cookies and cream milkshake; and WHEREAS, a CDC study showed that in 2011 4.7% of all high school students had tried e-cigarettes and that in 2012 that percentage more than doubled to 10.0% of all high school students; and WHEREAS, nonsmokers who live in multiunit dwellings can be exposed to neighbors’ secondhand smoke, as evidenced by the following:
• Residents of multiunit housing have higher levels of cotinine (a biomarker for nicotine) in their blood and saliva than those living in detached houses;i • Among children who live in homes in which no one smokes indoors, those who live in multiunit housing have 45% higher cotinine levels than children who live in detached houses;ii
• Twelve studies have found between 26% and 64% of residents of multiunit housing report secondhand smoke drifting into their home;i
• Surveys have found that 65% to 90% of multiunit housing residents who experience secondhand smoke in their home are bothered by it,36 and a 2019–2020 survey documented variations in secondhand smoke source among multiunit housing residents in Los Angeles County, who reported secondhand smoke exposure from tobacco (39%), marijuana (36%), and e-cigarettes (9%);iii
• Between 44.0% and 46.2% of Californians living in multiunit housing with personal smokefree home policies are exposed to secondhand smoke in their home;iv and WHEREAS, harmful residues from tobacco smoke can be absorbed by and cling to virtually all indoor surfaces long after smoking has stopped and then be emitted back into the air, making this “thirdhand smoke” a potential health hazard, as evidenced by the following:
• Thirdhand smoke contains carcinogenic materials that accumulate over time, presenting a health hazard long after the initial smoke is gone;v
• Studies consistently find that thirdhand smoke remains months after nonsmokers have moved into units where smokers previously lived,vi and a recent study documents that it can remain in units for years;vii
• Human exposure to these thirdhand smoke carcinogens can occur through inhalation, ingestion, or skin absorption through contact with carpeting, furnishings, or clothing;viii • Thirdhand smoke potentially poses the greatest danger to infants and toddlers, who crawl on rugs and furnishings and place household items in their mouths;viii • Nonsmoking people who are exposed to thirdhand smoke have significantly higher nicotine and cotinine levels than those who have not been exposed to thirdhand smoke;vi • Research has shown that thirdhand smoke damages human cellular DNA45,ixand is carcinogenic at exposure levels relevant to residents of multiunit housing;x and 31 WHEREAS, secondhand smoke in multiunit housing is a significant threat to the health and safety of California children, as evidenced by the following:
• About a quarter of those who live in multiunit housing (25.2%) are under the age of 18;iv • The home is the primary source of secondhand smoke exposure for children; • A national survey found that 56.4% of U.S. youth living in apartment units in which no one smokes have elevated blood cotinine levels above 0.05 ng/mL, indicating they have been exposed to potentially dangerous levels of secondhand smoke;ii • The same survey also found that children who live in homes in which no one smokes indoors have 45% higher cotinine levels if they live in apartments compared with detached homes;ii and
WHEREAS, research demonstrates that a majority of adults supports smoke-free policies in multiunit residences, as evidenced by the following:
• 73.7% of U.S. adults surveyed favor smoke-free public housing;xi • 63.5% of Californians surveyed favor restricting smoking inside apartment units;xii and WHEREAS, there are significant savings from adopting a smoke-free multiunit housing policy, as evidenced by the following:
• Prior to implementation, the U.S. Department of Housing and Urban Development’s smokefree public housing policy was conservatively estimated to produce an annual savings of 4 to 8 million dollars a year for U.S. public housing authorities in renovation-related costs,xiii and 30 to 109 million dollars per year in health care costs in California alone;xiv • Implementing statewide smoke-free policies in multiunit housing property would save property owners in California an estimated $18.1 million in renovation expenses each year; xv and
WHEREAS, smoke-free multiunit hosing policies have been shown to have a meaningful impact on public health, as evidence by the following:
• An estimated 268% of Californians (or 10.17.3 million people) live in multiunit housing;xvi • The U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure; and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure;xvii
• Smoke-free housing policies resulted in a 24% reduction in self-reported exposure to secondhand smoke exposure among racially and ethnically diverse seniors living in lowincome multiunit housing properties;xviii and WHEREAS, a duly-noticed public hearing was held by the City of American Canyon City Council on May 2, 2023 on the subject ordinance, at which time all those in attendance were given the opportunity to speak on this proposal and to submit comments.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON DOES HEREBY ORDAIN AS FOLLOWS:
32 SECTION 1: That smoking in all its forms in multiunit living environments is a nuisance.

SECTION 2: The purpose of this ordinance is to: (1) protect the public health and welfare by prohibiting smoking in any unit of a multi-unit residence and any common area of a multi-unit residence because there is no risk-free level of exposure to secondhand smoke, and (2) guarantee the right of nonsmokers to breathe smoke-free air at their place of residence.

SECTION 3: Amend American Canyon Municipal Code Chapter 9.04 “Neighborhood Preservation” as follows:

Chapter 9.04 NEIGHBORHOOD PRESERVATION
(All Content Displayed)
• 9.04.010 Findings and determination.
• 9.04.020 Declaration of public nuisances.
• 9.04.030 Chapter not exclusive.
• 9.04.040 Classification of nuisances.
• 9.04.050 Inspection.
• 9.04.060 Summary abatement of immediate dangers.
• 9.04.070 Notice to abate public nuisance.
• 9.04.080 Request for hearing.
• 9.04.090 Hearing by the city council.
• 9.04.100 Decision of the city council.
• 9.04.110 Limitation on filing judicial action.
• 9.04.120 Abatement by property owner.
• 9.04.130 Abatement by the city.
• 9.04.140 Record of cost of abatement notice and hearing to confirm. • 9.04.150 Assessment lien.
• 9.04.160 Nuisance abatement lien.
• 9.04.170 Alternative actions available.
33 • 9.04.180 Violations—Penalties.

9.04.010 Findings and determination.

The city council finds and determines that the restrictions in this chapter are necessary to promote the health, safety and general welfare of the public; to protect the integrity and character of residential neighborhoods and districts; to protect the appearance of the Highway 29 corridor; to prevent the devaluation of property values; and, to enhance and protect the livability, social and economic conditions of the city. (Ord. 94-07 § 1, 1994)

9.04.020 Declaration of public nuisances.

A. Any property, building or other improvements found to be maintained in violation of any one or more of the provisions of Section 9.04.040 of this chapter is declared to constitute a public nuisance and shall be abated by rehabilitation, repair, removal or demolition pursuant to the procedures set forth in this chapter.

B. Any property, building, or other improvement found to be maintained in such condition as to constitute a public nuisance as defined anywhere in this code, the statutes of the state of California or in the common law is declared to constitute a public nuisance subject to abatement under the procedures in this chapter. (Ord. 94-07 § 1, 1994)

9.04.030 Chapter not exclusive.

A. This chapter does not exclusively regulate the conditions and use of property within the city. This chapter shall supplement and be in addition to other provisions of this code and to other statutes, ordinances or regulations existing or subsequently enacted by the city, the state or any other legal entity or agency having jurisdiction.

B. The procedures for abatement set forth in this chapter are not exclusive and are in addition to any other provisions provided in this code or by state law for the abatement of public nuisances. (Ord. 94-07 § 1, 1994)

9.04.040 Classification of nuisances.

It is unlawful for any person owning, leasing, occupying, or having charge or possession of any property in the city to maintain or permit such property to be maintained in such a manner that any of the following conditions are found to exist thereon and to be of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to have a tendency to degrade the appearance and property values of surrounding property or to cause damage to public rights-of-way:

A. Property Conditions.

1. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:
34 a. Constitute a fire hazard or a condition considered dangerous to the public health, safety and general welfare due to a variety of factors, including, but not limited to, impairment of vehicular traffic or obstruction of vehicular line of site or the ability to clearly observe safety signs and signals, b. Are likely to harbor rats, vermin or other pests. This provision identifies conditions which may be deemed to constitute a nuisance within portions of the city that are partially or fully developed because of the potential to adversely affect the public health, safety and welfare and to degrade the appearance and property values of surrounding property. Due to the diminished potential for such adverse effects, such condition would not constitute a nuisance when existing on grazing lands or large undeveloped parcels except when such conditions exist on properties immediately adjacent to developed property.

American Canyon fire protection district standards for weed abatement continue to apply to property city-wide;

2. Accumulations of debris, rubbish and trash in the front or side yard areas visible from the public right-of-way or which constitute a health or fire hazard;

3. Storage, as to be visible at ground level from a public street or adjoining property for unreasonable periods or as a part of a continuing practice, any of the following:
a. Abandoned, inoperative, wrecked or dismantled motor vehicles of any kind, and abandoned, inoperative, wrecked or dismantled trailers, campers or boats, b. Broken or discarded household furnishings and fixtures, appliances, boxes and cartons, play equipment, toys and similar materials,
c. Discarded, wrecked or inoperable machinery and tools, d. Salvage materials, scrap metal or building and construction materials, including, but not limited to, dirt, sand, gravel, concrete, tile, rocks, bricks, and similar materials except when associated with agricultural uses or ongoing landscape projects;

4. Garbage or trash cans which cause offensive odors to neighbors or containers stored in front or side yards, which are visible from public streets unless all of the following conditions exist: a) The garbage/trash container(s) are stored within a defined area that is maintained in a neat and orderly condition, b) all trash is stored completely within a designated container, the container is covered, and no trash has spilled over or has fallen on the ground in the immediately surrounding area, and c) the trash cans/containers are stored behind the front wall plane of the dwelling;

5. Conditions which, due to their accessibility to the public, may prove hazardous or dangerous, including, but not limited to:
a. Unused and/or broken equipment such as ice boxes and refrigerators, b. Abandoned wells, shafts or basements,
c. Hazardous or unprotected pools, pits, ponds or excavations, 35 d. Machinery which is inadequately secured or protected, e. Accumulations of lumber, refuse and waste matter, or discarded materials, including, but not limited to, building and construction materials;

6. Parking or storing construction equipment or machinery except during excavation, construction or demolition operations conducted pursuant to a building or grading permit or when associated with ongoing agricultural/noncommercial landscaping activities;

7. Parking of any motor vehicle, including a recreational vehicle, trailer, camper or boat on lawns or other landscaped areas within portions of the property visible from a public street where such areas are not paved or otherwise surfaced to allow parking. Allowable surface materials may include gravel, brick, grasscrete, concrete pavers, or similar materials that define the parking area and minimize erosion potential;

8. Parking of any motor vehicle, including a recreational vehicle, trailer, camper or boat on property adjacent to Highway 29 for the purpose of offering the same for sale to the general public where a “for sale” or similar sign is displayed on or in the vehicle, trailer, camper or boat which is visible to traffic on Highway 29 and constitutes or tends to constitute a traffic safety hazard or an unsightly appearance;

9. Smoking in any dwelling unit of a multi-unit residence and any common area of a multi-unit residence.
i. "Smoke" or "smoking" “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes carrying or using an activated electronic delivery device. Smoking does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.
ii. "Common area of multi-unit residence" means any enclosed area or unenclosed area that may be used by more than the residents of a single unit or room, including but not limited to shared lobbies, courtyards, lounges, hallways, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, living and dining areas, kitchens, bathrooms, laundry rooms, lobbies, waiting rooms, and television rooms.
iii. "Dwelling Unit" means one or more rooms designed for residential use by a single household that contain cooking, living, sanitary, and sleeping facilities and that are physically separated from any other rooms or dwelling units that may be in the same structure. “Dwelling Unit” for purposes of smoking prohibition does not encompass hotels, motels, dormitories, campgrounds, rented single family housing, and manufactured housing parks.
iv. “Multiunit Residence” means a building or portion thereof designed or used for residential occupancy by two or more households in separate dwelling units. 36 B. Structural Conditions. Structures or buildings, both permanent and temporary, or other improvements, including, but not limited to walls and fences, which are subject to any of the following conditions:

1. Are structurally unsafe, either entirely or in part;

2. Constitute a fire hazard;

3. Have a faulty weather protection, including but not limited to crumbling, cracked, missing broken or loose exterior plaster or other siding, roofs, foundations or floors (including lack of paint or other protective finish), broken or missing windows or doors;

4. Have dry rot or warped materials, or are infested with termites;

5. Are abandoned, partially destroyed or left unreasonably in a state of partial construction. State of partial construction means building and structures which are partially constructed when the building permit for such construction has expired;

6. Are unoccupied and have been left unlocked or otherwise open or unsecured from intrusion by persons, animals or the elements;

7. Have exterior walls, fences, driveways or sidewalks which are in hazardous condition, hinder free access to public sidewalks or are in a state of disrepair as to be unsightly. (Ord. 94-07 § 1, 1994)

9.04.050 Inspection.

A. Authorized Representatives. The city manager and the community development director or their designated representatives are authorized to make inspections and take such actions as may be required by this chapter to abate public nuisances.

B. Inspection of Premises. Whenever there is a reasonable cause to believe that a condition, activity or use of property exists which constitutes a public nuisance, the city manager or community development director or a designated representative may seek to enter the premises at a reasonable time for the purpose of inspection. If the premises are occupied, entry shall be requested and proper credentials shall be presented. If the premises are unoccupied, a reasonable effort shall be made to locate the property owner. If entry is refused or if the property cannot be located, a twenty-four written notice of intent to inspect shall be left at the premises. The notice shall state that the property owner or occupant of the property has the right to refuse entry and if such entry is refused, the city may seek assistance from a court of competent jurisdiction to obtain entry to inspect the premises. (Ord. 94-07 § 1, 1994)

9.04.060 Summary abatement of immediate dangers.

Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the city manager or designee may order, without notice or judicial action, the 37 immediate abatement of the public nuisance. The expense of such abatement shall be collectible as provided in this chapter. (Ord. 94-07 § 1, 1994)

9.04.070 Notice to abate public nuisance.

A. Contents of Notice. Whenever the city manager or the community development director or designee finds that a nuisance, as declared in Section 9.04.030, exists on any property located within the city, the owner and any tenant or occupant or other person having charge or possession of the property shall receive a written notice. The notice shall:

1. Describe the property sufficient to identify the location of the public nuisance;

2. Identify the nuisance and reference the section(s) of this code that have been violated;

3. Direct abatement of the nuisance by a specified date;

4. State the available methods of abatement;

5. Contain a statement of the hearing rights of the owner or occupant of the property on which any public nuisance is located; and

6. Indicate that if no request for hearing is made or that if after a hearing an order of abatement is issued, and the nuisance is not properly abated, then the city may abate the nuisance and charge the expenses as a personal obligation and/or a special assessment or lien against the property.

The amount of time allowed to abate a nuisance shall be determined by considering the severity of nuisance and its effect on the health, safety, welfare and aesthetics of the community.

B. Service of Notice. A notice to abate shall be mailed, by registered or certified mail, to the owner and occupant of property, or shall be served upon the owner or occupant in person. The notification shall be sent to the owner at the address appearing on the latest tax assessment roll and if there is no such address, then in care of the property address. In addition to personal service or service by registered or certified mail, notice to abate shall be posted on two conspicuous places on the affected property attested to by affidavit of city official Service shall be deemed complete at the time the notice is personally served or deposited in the mail with the correct amount of postage affixed and is posted on the affected property as described. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.

C. Property Owner Definition. The term “property owner” or “owner” as used in this chapter, shall mean the owner or owners of record of real property as shown on the last Napa County equalized assessment roll or supplemental roll, whichever is more current. (Ord. 94-07 § 1, 1994)

9.04.080 Request for hearing.

The city council shall hold a public hearing to determine that a public nuisance exists upon the written request of the owner or occupant of the property for which a notice to abate has been issued. The 38 request shall be made to the city clerk within ten days from the date of personal service or within fifteen days from the date of mailing of the notice to abate. The request for hearing shall state the grounds upon which the hearing is requested. The matter shall be scheduled for hearing and the city clerk shall notify the owner or occupant requesting the hearing of the same, not less than five days prior to such hearing, unless such notice is waived in writing by the person requesting the hearing. (Ord. 94-07 § 1, 1994)

9.04.090 Hearing by the city council.

At the time and place stated in the notice of public hearing, the city council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, occupants, witnesses, city personnel and interested persons relative to the alleged public nuisance and to the proposed abatement measures. The hearing may be continued from time to time. (Ord. 94-07 § 1, 1994)

9.04.100 Decision of the city council.

A. Following the public hearing, the city council shall consider all evidence and determine whether the property, or any part of the property, constitutes a public nuisance as alleged. If the city council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, the city council shall prepare a statement of findings and an order, which shall specify the nature of the nuisance, and order the owner or other person having charge or control of the premises to abate the nuisance, the method of abatement and the time within which the work shall be commenced and completed.

B. A copy of the statement of findings and order shall be served on the property owner and any occupant in the manner provided in Section 9.04.110. (Ord. 94-07 § 1, 1994)

9.04.110 Limitation on filing judicial action.

Action to review the city council statement of findings and order shall be commenced within thirty days of the date of service of the statement of findings and order and the same shall contain the statement advising of this time limit on seeking court review. After the expiration of thirty days from the date of service of the statement of findings and order, all objections to the decision shall be deemed waived. (Ord. 94-07 § 1, 1994)

9.04.120 Abatement by property owner.

The property owner, or person having charge or control of the property, may at their own expense abate the nuisance as prescribed by the notice to abate or the order of the city council, if any, prior to the expiration of the abatement period set forth in the notice or the order. If and when an owner or occupant undertakes to abate any such nuisance, the community development director or designated representative may impose such conditions as are necessary to protect the public health, safety and welfare. Any necessary permits and/or approvals shall be obtained by the owner or occupant. After the property has been inspected by the community development director or designated representative, and the nuisance has been fully abated in accordance with the notice to abate or order, the proceedings 39 shall terminate. The city manager or the community development director or designated representative may extend the abatement period specified in the notice to abate or any order to abate upon a showing of good cause. (Ord. 94-07 § 1, 1994)

9.04.130 Abatement by the city.

A. Failure to Abate. If a declared nuisance is not completely abated by the owner or person having charge or control of the property within the time prescribed in the notice to abate or after a public hearing, in the city council order, if any, the city manager or designee shall cause the same to be abated by city employees or private contract. The city manager or designated representative is expressly authorized to enter upon the property for the purpose of abating the nuisance.

B. Abatement of Motor Vehicles. Abatement of any motor vehicle registered or subject to registration with the Department of Motor Vehicles shall be carried out in conformance with the provisions of the Vehicle Code and Ordinance No. 92-19 of the city establishing the American Canyon traffic code and any amendments thereto.

C. Cost of Abatement Constitute Civil Debt. Upon the abatement of the public nuisance, or any portion thereof, by the city, all the costs, including incidental expenses shall be a civil debt owing to the city jointly and severally by the persons who have been given notice as provided in this chapter, except for any persons which the city council concludes pursuant to proof at the hearing to confirm the costs of abatement are not persons properly charged with responsibility of abatement. The costs shall be billed to the owner or occupant and shall be collectible in the same manner as any other civil debt owing the city. (Ord. 94-07 § 1, 1994)

9.04.140 Record of cost of abatement notice and hearing to confirm.

A. The city manager or designee shall keep an account of the costs, including incidental expenses, of abating such public nuisance on each separate lot or parcel of land where the work is done by the city and shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto; provided that before said report is submitted to the city council, a copy of the same together with a notice of the time when said report shall be heard by the city council for confirmation, shall be served upon the owner of the property in accordance with the provisions of Section 9.04.070 of this chapter at least ten days prior to submitting the same to the city council. Proof of said service shall be made by affidavit filed with the city clerk.

B. At the time fixed for hearing, the city council shall consider the correctness or reasonableness of the costs included in the accounting together with any protests or objections as may be offered against it, and shall correct, modify or amend the same, after which, by motion, the accounting as submitted, corrected, modified or amended shall be confirmed. The hearing may be continued from time to time.

C. The term “incidental expenses” means and includes, but is not limited to, the personnel costs, both direct and indirect, including attorneys’ fees, costs incurred in documenting the nuisance, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 94-07 § 1, 1994) 40 9.04.150 Assessment lien.

A. The total cost for abating such nuisance, as confirmed, by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

B. After such confirmation and recordation, a certified copy of the city council’s decision confirming the abatement costs shall be filed with the Napa County auditor-controller on or before August 1st each year, whereupon, it shall be the duty of the county auditor-controller to add the amounts of the respective assessments to the next regular tax bill levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessments.

C. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 94-07 § 1, 1994)

9.04.160 Nuisance abatement lien.

As an alternative to the assessment lien procedure contained in Section 9.04.150 the total cost for abating such nuisance, as confirmed by the city council, may be collected pursuant to the procedures set forth in Government Code Section 38773.1 as a nuisance abatement lien.

A. Prior to the recordation of any nuisance abatement lien, the city shall provide notice of the same to the owner of record of the parcel or lot on which the nuisance is maintained as shown on the last equalized assessment roll or the supplemental roll, whichever is more current.

B. The notice shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in the county of Napa pursuant to Government Code Section 6062.

C. The notice of nuisance abatement lien shall specify the amount of the lien, that the city is the agency on whose behalf the lien is imposed, the date the notice to abate was served or the date on which the city council issued its order to abate, if any, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

D. After recordation of the nuisance abatement lien, the city may foreclose the lien by an action brought by the city for a money judgment. (Ord. 94-07 § 1, 1994) 41 9.04.170 Alternative actions available.

A. Nothing in this chapter shall be deemed to prevent the city council or the city manager from ordering the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings as set forth in this chapter.

B. Pursuant to Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that property owner is responsible for a public nuisance subject to abatement pursuant to this chapter, the city shall be entitled to an order of the court requiring the owner to pay treble the costs of the abatement. (Ord. 94-07 § 1, 1994)

9.04.180 Violations—Penalties.

A. The owner or other person having charge or control of any property, building or structure who maintains any condition described as a public nuisance in Section 9.04.040 or who fails to abate a nuisance within the time periods specified in a notice to abate or any city council order to abate is guilty of an infraction pursuant to Section 1.24.010 of this code.

B. Any occupant or person in possession of any such building or structure who fails to vacate such building or structure in accordance with an order given pursuant to this chapter is guilty of an infraction pursuant to Section 1.24.010 of this code.

C. Any person who obstructs, impedes or interferes with any authorized representative or agent of the city or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished, or with any person to whom such building has been lawfully sold pursuant to the provision of this code whenever any such person is engaged in proceedings involving the abatement of a nuisance is guilty of an infraction pursuant to Section 1.24.010 of this code.

D. Section 1.24.010 provides that each day of violation constitutes a separate offense and may be separately punished and that fourth and subsequent violations may be prosecuted as a misdemeanor.

E. Section 9.12.030 provides the penalty for any violation of any provision of this chapter. (Ord. 2017-01 § 2, 2017; Ord. 94-07 § 1, 1994)
SECTION 4. CEQA FINDINGS. The City Council finds the municipal code amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, the municipal code amendment is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.

SECTION 5. EFFECTIVE DATE. This ordinance shall become effective effect 30 days after its final passage pursuant to Government Code section 36937.
42 SECTION 6. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 7. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 4831 Broadway, Suite 201, American Canyon, CA 94503. The custodian of these records is the City Clerk.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 2
nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 16th day of May, 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 43 Footnotes:
i
Snyder K, Vick JH, King BA. Smoke-free multiunit housing: a review of the scientific literature. Tob Control. 2016;25:9-20. doi:10.1136/tobaccocontrol-2014-051849.
ii Wilson KM, Klein JD, Blumkin AK, Gottlieb M, Winickoff JP. Tobacco smoke exposure in children who live in multiunit housing. Pediatrics. 2011;127(1):85-92. doi: 10.1542/peds.2010-2046. iii Toy P, Yount C, Meng YY, et al. Health at Risk: Policies Are Needed to End Cigarette, Marijuana, and ECigarette Secondhand Smoke in Multi-Unit Housing in Los Angeles. Los Angeles, Calif.: UCLA Center for Health Policy Research. 2020. Available at:
http://healthpolicy.ucla.edu/publications/Documents/PDF/2020/Health-at-Risk-policybriefmay2020.pdf iv King BA, Babb SD, Tynan MA, Gerzoff RB. National and state estimates of secondhand smoke infiltration among U.S. multiunit housing residents. Nicotine Tob Res. 2013; 15(7):1316–1321. doi:10.1093/ntr/nts254.
v Kuschner WG, Reddy S, Mehrotra N, Paintal HS. Electronic cigarettes and thirdhand tobacco smoke: two emerging health care challenges for the primary care provider. Int J Gen Med. 2011; 4:115–20. doi:10.2147/IJGM.S16908.
vi Matt GE, Quintana PJE, Zakarian JM, et al. When smokers move out and non-smokers move in:
residential thirdhand smoke pollution and exposure. Tob Control. 2011;20(1):e1. doi:10.1136/tc.2010.037382.
vii Matt GE, Quintana PJE, Hoh E, et al. Persistent Tobacco Smoke Residue in Multiunit Housing: Legacy of Permissive Indoor Smoking Policies and Challenges in the Implementation of Smoking Bans. Prev Med Rep. 2020;18:101088. doi: 10.1016/j.pmedr.2020.101088.
viii Sleiman M, Gundel LA, Pankow JF, Jacob P, Singer BC, Destaillats H. Formation of carcinogens indoors by surface-me- diated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards. Proc Natl Acad Sci U S A. 2010;107(15):6576–81. doi:10.1073/pnas.0912820107. ix Hang B, Sarker AH, Havel C, et al. Thirdhand smoke causes DNA damage in human cells. Mutagenesis. 2013;28(4):381– 91. doi:10.1093/mutage/get013.
x Hang B, Wang P, Zhao Y, et al. Thirdhand Smoke: Genotoxicity and Carcinogenic Potential. Chronic Dis Transl Med. 2019;6(1):27-34. doi: 10.1016/j.cdtm.2019.08.002. xi Wang TW, Lemos PR, McNabb S, King BA. Attitudes toward Smoke-Free Public Housing among US Adults, 2016. Am J Prev Med. 2018 Jan;54(1):113–118. doi: 10.1016/j.amepre.2017.08.026. xii American Lung Association of California. California Voter and Rural Voter Attitudes About Secondhand Smoke in Multi-Unit Housing: Public Opinion Survey. 2018. 44 xiii McFarlane A, Djoko Y, Woodward A. Instituting Smoke-Free Public Housing: An Economic Analysis.

Cityscape. 2017;19(3):435-448. Available at:
https://www.huduser.gov/portal/periodicals/cityscpe/vol19num3/ch24.pdf. xiv King BA, Peck RM, Babb SD. National and State Cost Savings Associated with Prohibiting Smoking in Subsidized and Public Housing in the United States. Prev Chronic Dis. 2014;11:E171. doi:

10.5888/pcd11.140222.
xv Ong MK, Diamant AL, Zhou Q, Park HY, Kaplan RM. Estimates of smoking-related property costs in California multiunit housing. Am J Public Health. 2012; 102(3):490–493. doi:10.2105/AJPH.2011.300170. xvi Chambers C, Sung H, Max W. Home Exposure to Secondhand Smoke among People Living in Multiunit Housing and Single Family Housing: A Study of California Adults, 2003–2012. J Urban Heal. 2015;92(2):279-

90. doi:10.1007/s11524- 014-9919-y.
xvii U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2006. Available at:
www.cdc.gov/tobacco/data_statistics/sgr/2006/index.htm. xviii Hollar TL, Cook N, Quinn D, Phillips T, DeLucca M. Smoke-free multiunit housing policies show promise in reducing secondhand smoke exposure among racially and ethnically diverse, low-income seniors. J Immigr Minor Health. 2017;19(6):1281–1289. doi.org/10.1007/s10903-016-0430-2. 45 CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

CONSENT
ITEM NUMBER: 15.

TITLE
Contract Amendment #1 with Robert Half International Inc. for Temporary Staffing Services

RECOMMENDATION
Adopt a Resolu1on authorizing the City Manager to execute Amendment #1 to Agreement No. 2022-A148 with Robert Half International Inc.

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

BACKGROUND & ANALYSIS
In October 2022, the City entered into an agreement with Robert Half Interna1onal Inc. for temporary staffing services to assist with an an1cipated extended family leave absence within the Finance Department. The contract was entered with a maximum amount of $50,000 and an end date of June 30, 2023, under the City Manager's authority using previously budgeted funds.

While that immediate need has been sa1sfied, the Finance Department now has a vacant posi1on and a prolonged need for addi1onal staff support through Fiscal Year 2023-2024. In addi1on, the Parks and Recrea1on Department iden1fied a need for addi1onal administra1ve support due to a recent vacancy.

Staff requests authority to increase the total amount of the contract by $108,000 for a total contract not to exceed $158,000, and to increase the length of the contract through June 30, 2024.

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

FISCAL IMPACT
Sufficient budgeted funds are available due to salary savings, for Temporary Agency Services in the Finance and Parks and Recrea1on departments to cover the expenses for the balance of Fiscal Year 2022-23 and Fiscal Year 2023-24.
46 ENVIRONMENTAL REVIEW
15378(b) - The ac1on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec1ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - Robert Half

2. Exhibit A - Amendment #1 to Contract with Robert Half International Inc. 47 RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON AUTHORING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO
AGREEMENT NO. 2022-A148 WITH ROBERT HALF INTERNATIONAL INC.

WHEREAS, utilizing temporary staffing services agencies is a cost-effective way to supplement Regular and Temporary staffing during periods when sufficient City staff is unavailable due to anticipated extended absences or unanticipated staff turnover; and
WHEREAS, on October 5, 2022, the City entered into an Agreement for Temporary Staffing Services with Robert Half International Inc., in an amount not to exceed $50,000 under the City Manager’s authority to provide staff services during an anticipated extended staff absence in the Finance Department; and WHEREAS, the Finance Department and the Parks and Recreation Department identified an ongoing need for additional staff support through the balance of FY 2022-2023 and FY 2023-24 in an amount of $118,000; and
WHEREAS, sufficient funds exist in FY 2022-23 and FY 2023-24 in Fund 100 account 100-20-230-42180 and account 100-70-710-42180; and
WHEREAS, Amendment #1 to Agreement No. 2022-A148 would establish a total not to exceed amount of $158,000, and extend the contract through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon does hereby authorize the City Manager to execute amendment #1 to Agreement No. 2022-A148 with Robert Half International Inc., 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 16
st day of May 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 48 CITY OF AMERICAN CANYON AGREEMENT NO. 2023-____
AMENDMENT #1 TO AGREEMENT NO. 2022-A148 TO THE CITY OF AMERICAN

CANYON STANDARD AGREEMENT

FOR TEMPORARY STAFFING SERVICES WITH ROBERT HALF INTERNATIONAL INC.,

RECITALS

1. The City of American Canyon (“CITY”) and Robert Half International Inc., have entered into an Agreement dated October 5, 2022.

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

NOW, THEREFORE, CITY and ROBERT HALF INTERNATIONAL INC., agree as follows:

1.00 SERVICES AND COMPENSATION
ROBERT HALF INTERNATIONAL INC. agrees to provide services as listed in Attachment “A” to increase the contract amount for additional services in the amount of $118,000 for a total not to exceed contract amount of $ 168,000.

2.00 TIME OF PERFORMANCE
The services covered by this Amendment shall be performed or provided by June 30, 2024.

3.00 REMAINING PROVISIONS
All other terms of the October 5, 2022, Agreement remain in full force and effect.

Executed on __________________, 2023, at American Canyon, California.

CITY: ROBERT HALF INTERNATIONAL INC.:

By: ____________________________ By: __________________________ Jason B. Holley Sarah Cush
City Manager Vice President
49 CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

CONSENT
ITEM NUMBER: 16.

TITLE
Napa County Animal and Licensing Services Agreement

RECOMMENDATION
Adopt a Resolu*on approving Amendment 7 to Napa County Agreement No. 170919B between the City of American Canyon and the Napa County Sheriff's Office for animal and licensing services for the period of July 1, 2023, through June 30, 2024.

CONTACT
Maria Ojeda, Assistant City Manager

BACKGROUND & ANALYSIS
In 1996, the City of American Canyon entered into an agreement with the Napa County Sheriff's Office (NSO) to provide Animal Control Services to American Canyon. This agreement is separate from the Law Enforcement Services agreement provided by the Napa County Sheriff's Office that provides police service to the City and is also separate from the Napa County Animal Shelter agreement, as the Napa County animal shelter is not part of the Sheriff's Department.

For Animal Control Field Services, the NSO Animal Services Bureau is comprised of 1 Sergeant (sworn), 1 senior Animal Services Officer (ASO), and 5 addi*onal ASOs. These officers have specialized training, vehicles, and equipment to handle a large variety of animal related calls for services, to include the capturing of animals, finding owners for re-unifica*on, transpor*ng animals to the shelter, and transpor*ng to a veterinary hospital. O@en, they serve as the injured animal “ambulance” services. They have enforcement authority related to animal vaccina*on requirements, licensing requirements, leash laws, and animal neglect/abuse statutes. The ASO officers also assist the Police Department with animals in traffic incidents, vicious animal inves*ga*ons, animal cruelty inves*ga*ons, and wildlife related calls that impact neighborhood or community safety. ASO officers are available seven (7) days a week, Monday through Friday from 8:00 a.m. un*l 1 hour a@er sunset, Saturday and Sunday from 8:00 a.m. to 5:00 p.m., Holidays on - call/stand-by and at least on call at all other times.

In 2020, the City of American Canyon approved Amendment 6 of the Agreement, for the period of July 1,2020 through June 30, 2023. That term included rates of $51,401 for Fiscal Year 2020-2021, $52,943 for Fiscal Year 2021-2022, and $54,531 for Fiscal Year 2022-2023. The cost for Animal 50 Control Services for Fiscal year 2023/24 will be $62,970, an increase of $8,439.

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

FISCAL IMPACT
The contract cost for Animal Control Services will be $62,970. This amount is included as part of the 2023/2024 Budget.

ENVIRONMENTAL REVIEW
Approval of Amendment 7 of Napa County Agreement No. 170919B is not a "project" as defined by the California Environmental Quality Act.

ATTACHMENTS:

1. Resolution - Animal Control Services

2. Animal Control Services Contract
51 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, AUTHRORIZING THE CITY MANGER TO SIGN AMENDEMENT # 7, NAPA COUNTY AGREEMENT NO. 170919B WITH THE NAPA COUNTY SHERIFF’S OFFICE FOR ANIMAL LICENSING SERVICES FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 WHEREAS, the County of Napa Sheriff's Office has provided the City of American Canyon with Animal Control Services since 1996; and
WHEREAS, the County has experienced increases in salaries/benefits and fuel cost since 2020; and WHEREAS, the City is satisfied with the Animal Control Serivices provided by the Napa County Sheriff’s Office and wishing to continue the contract for services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon authorizes the City Manager to sign Amendment #7 Napa County Agreement No. 170919B with the Napa County Sheriff's Office for animal and licensing services for the period of July 1, 2023 through June 30, 2024.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 2nd day of May, 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 52 1
H\cc\d\SO\contracts\American Canon 3886 Amend 7 2023-2024 AMENDMENT NO. 7
NAPA COUNTY AGREEMENT NO. 170919B
CITY OF AMERICAN CANYON AGREEMENT NO. 2003-28

AGREEMENT FOR ANIMAL AND LICENSING SERVICES BETWEEN THE

COUNTY OF NAPA AND THE CITY OF AMERICAN CANYON, CALIFORNIA THIS AMENDMENT NO. 7 (“Amendment”) to NAPA COUNTY AGREEMENT NO. 170919B, CITY OF AMERICAN CANYON AGREEMENT NO. 2003-28 (“Agreement”), is made and entered into as of this 1st day of July, 2023, by and between the NAPA COUNTY, a political subdivision of the State of California (hereinafter referred to as “COUNTY”), and the CITY OF AMERICAN CANYON, a municipal corporation of the State of California (hereinafter referred to as “CITY”).

RECITALS
WHEREAS, COUNTY presently provides certain animal services to CITY under the Agreement between the parties; and
WHEREAS, the parties desire to modify the annual compensation for the services provided under the Agreement commencing July 1, 2023.

TERMS
NOW, THEREFORE, CITY and COUNTY amend the Agreement as follows:

A. Paragraph 4 of the Agreement is amended to read as follows:

4. Compensation. In consideration of COUNTY's fulfillment of the promised work, CITY shall pay COUNTY at the rate of Sixty-Two Thousand Nine Hundred Seventy Dollars ($62,970) for Fiscal Year 2023-2024. COUNTY shall retain those fees described in Exhibit “B-7” attached hereto and incorporated herein by reference.

B. Exhibit “A-7,” relating to Scope of Services, is attached hereto and is incorporated by reference herein. References in the Agreement to Exhibit “A” shall be deemed to mean Exhibit “A-7” for purposes of the obligations of the parties effective as of the date of this Amendment.

C. Exhibit “B-7,” relating to Compensation and Fees, is attached hereto and is incorporated by reference herein. References in the Agreement to Exhibit “B” shall be deemed to mean Exhibit “B-7” for purposes of the obligations of the parties effective as of the date of this Amendment.

D. The City has provided notice of non-renewal of the Agreement commencing with the 2024-2025 fiscal year, and accordingly, the Agreement shall be terminated effective June 30, 2024.

E. All other terms and conditions of the Agreement not amended hereby shall remain in full 53 2
H\cc\d\SO\contracts\American Canon 3886 Amend 7 2023-2024 force and effect.

F. This Amendment No. 7 shall be effective as of July 1, 2023.

EXECUTED in the County of Napa, State of California as of the day and year first above written.

NAPA COUNTY
By:_________________________________

BELIA RAMOS
Chair of the Board of Supervisors

APPROVED AS TO FORM
Office of County Counsel
By: S. Darbinian
Date: April 11, 2023

APPROVED BY THE NAPA
COUNTY

BOARD OF SUPERVISORS
Date:

Processed By:

Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Clerk of the Board of Supervisors
By:__________________________

CITY OF AMERICAN CANYON
By:_________________________________

JASON HOLLEY
City Manager
ATTEST: CHERRI WALTON
American Canyon Deputy City Clerk
By:

APPROVED AS TO FORM:

WILLIAM D. ROSS, City Attorney
By:
54 3
H\cc\d\SO\contracts\American Canon 3886 Amend 7 2023-2024 EXHIBIT “A-7”

SCOPE OF SERVICES

1. Services Provided By County. COUNTY shall enforce the CITY CODE and shall provide to CITY the following services:
a. Animal Control Officers: COUNTY agrees to maintain at least one animal control officer on duty to respond to calls within the CITY area during all regular working hours and at least on call at all other times.
b. Field Services: Field services shall be provided on the following schedule:

Monday through Friday 8:00 A.M. - 1 hr. after sunset
Saturday & Sundays 8:00 A.M. - 5:00 P.M.

Holidays No regular field services; however
on-call/stand-by for emergencies will be available
Field services will be provided as follows:
(1) Enforcement of dog at large provisions of the Municipal Code (2) Routine patrol for stray dogs
(3) Animal bite investigation
(4) Injured animal pick-up and treatment
(5) Stray livestock control
(6) Enforcement of license and vaccination provisions of the Municipal Code (7) Dead animal removal (dogs and cats only; public property only) (8) Eradication of rabid or suspected rabid animals
(9) Assistance to CITY Police including but not limited to:
a) Animals in traffic.
b) Vicious animal investigations.
c) Cruelty investigations.
d) Neighborhood Improvement Program.

COUNTY’s Animal Control Officer shall have authority to provide the following field services, but primary responsibility for enforcement shall lie with CITY:
(1) Enforcement of animal regulations in CITY Parks
(2) Enforcement of the municipal code leash law provisions. c. Emergency Field Services:
(1) Emergency field services will be provided at all times that regular animal shelter and field services are not provided. Emergency field services will be provided by having an animal control officer on on-call or stand-by status.
(2) Emergency Field Services will be provided as follows:
a) Injured animals
b) Dog bite investigations
55 4
H\cc\d\SO\contracts\American Canon 3886 Amend 7 2023-2024 c) Rabid animals
d) Traffic hazard
e) Assistance to CITY Police

2. Parameters of Animal Services to be Provided.
a. COUNTY's obligation to keep an animal control officer on stand-by is limited to emergency field services.
b. Regular field services, including patrol, shall be provided by the COUNTY to the CITY on an eight (8) hour basis on Saturdays and Sundays. c. Reports to be provided to the CITY by the COUNTY. County shall report to CITY quarterly the level of animal services activity with the CITY. Such reports will describe activities undertaken by COUNTY Animal Control officers assigned to work within CITY limits. Reports shall contain:

Number of CITY cases
Number of citations
Number of Hearings (Potentially Dangerous or Vicious Animals) Number of bite reports
Number of warning letters sent
Number of Correction notices

3. Potentially Dangerous and Vicious Animal Violations Under County Code and Policies.

The City has enacted American Canyon Municipal Code Section 8.05, entitled “Dangerous Animals,” which authorizes investigation, enforcement and adjudication of potentially dangerous or vicious animal violations and contains substantively equivalent provisions to the Napa County Code Chapter 6.16. So long as CITY retains Section 8.05 substantially equivalent to Section 6.16, COUNTY shall provide all services relating to investigation, enforcement and adjudication of such matters relating to violations of section 8.05, including provision of a Dangerous Animal Hearing Panel and staffing thereof.

4. Services Not Provided By COUNTY. COUNTY shall not enforce nor provide services to CITY that exceed or extend beyond the current provisions of the Napa County Code, including but not limited to the following:
a. COUNTY will not enforce any zoning regulations, including those relating to agricultural operations or animal husbandry, or regulations concerning barking or howling dogs or other similar nuisances caused by animals.
b. COUNTY will not undertake to represent CITY in any judicial or administrative proceedings in relation to CITY's ordinance unless at the time of such representation the provisions of CITY’s ordinance are substantively equivalent to the animal control and dangerous animal enforcement and adjudication provisions of Napa County Code Chapter 6.16 as determined by the Napa County Counsel. Notwithstanding the foregoing, COUNTY employees, compelled by a lawful subpoena, will testify as witnesses in judicial or administrative proceedings in which CITY's ordinance may be implicated if not in strict compliance with the COUNTY CODE.
56 5
H\cc\d\SO\contracts\American Canon 3886 Amend 7 2023-2024 EXHIBIT “B-7”

COMPENSATION AND FEES

1. Annual Compensation for Services. As CITY desires a service level above what the COUNTY is required to provide by law, CITY shall pay COUNTY at the rate of Sixty-Two Thousand Nine Hundred Seventy Dollars ($62,970) for Fiscal Year 2023-2024. Payments are to be made quarterly each fiscal year. Said amount is intended to cover the salaries of additional personnel that will include two full-time animal control officers to work within the jurisdictional limits of CITY.

2. CITY’s Sale of Licenses. CITY retains the right to develop its own programs to issue dog licenses. COUNTY will allow CITY to retain 25% of the fee collected directly by CITY in the sale of CITY dog licenses.

3. COUNTY’s Collection of Revenues Sale of Licenses. COUNTY shall collect and retain all revenues from the COUNTY's licensing of dogs within CITY limits, and shall also collect and retain all fees and charges (including but not limited to redemption fees) received at the animal shelter in relation to animals that originate within CITY limits.

4. CITY’s Payment of Veterinarian Bills. CITY shall pay all veterinarian bills and special care bills for injured animals and for the care of exotic animals outside of the COUNTY Shelter. Any cost recovered for these services by COUNTY shall be credited to CITY.

5. CITY’s Payment of Veterinarian Bills. CITY shall pay all veterinarian bills and special care bills for injured animals and for the care of exotic animals outside of the COUNTY Shelter. Any cost recovered for these services by COUNTY shall be credited to CITY. 57 CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

CONSENT
ITEM NUMBER: 17.

TITLE
Napa River Ecology Center Project Level Agreement

RECOMMENDATION
Adopt a Resolu+on increasing the Wetland Restora+on Plan (PR20-0300) Project Budget from $450,000 to $517,500 and approving a Project Level Agreement with the American Canyon Community and Parks Foundation for an amount not to exceed $67,500.

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

BACKGROUND & ANALYSIS
For over 20 years the City has envisioned a new home for the Corpora+on Yard and a new public use for the property located at 205 Wetlands Edge Road. In 2020 the City applied for and received a $450,000 Measure AA grant from the San Francisco Bay Restora+on Authority to develop a Wetlands Restora+on Plan to guide restora+on, protec+on, and improvement of the North Slough and Lower Napa River wetlands and uplands along the City’s shoreline. The plan includes the feasibility of an Educa+on Center (now named Napa River Ecology Center) at the Corpora+on Yard Site.

In September 2021, the City and American Canyon Community and Parks Founda+on (ACCPF) signed an Exclusive Nego+a+ng Agreement iden+fying ACCPF as the formal project partner for the Ecology Center. ACCPF has raised seed funding, hired architect and engineering firms, and is ready to move forward with Phase II of the project.

On November 3, 2022, Measure AA grant representa+ves from the San Francisco Bay Restora+on Authority (Authority) visited the City's wetlands restora+on project area and offered an addi+onal $67,500 in grant funding to specifically support ACCPF's further development of the Ecology Center.

The City in coordina+on of ACCPF has updated the grant work plan to reflect the addi+onal scope of work and recommends subcontrac+ng with ACCPF to manage the development por+on of the project. On May 1, 2023, the Authority approved the grant amendment for the additional funding.

On September 18, 2018, the American Canyon City Council approved a Memorandum of Understanding (MOU), Agreement regarding the partnership between the City of American Canyon 58 (City) and American Canyon Community and Parks Founda+on (ACCPF). The MOU an+cipated project level agreements to frame partnership expecta+ons for specific projects, programs and events within the community. The MOU calls for City Council, and the ACCPF Board of Directors, to approve Project Level Agreements when the value of the project is greater than $50,000. The ACCPF Board reviewed and approved the Project Level Agreement for the subcontract work planned at the Ecology Center on May 4, 2023.

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

FISCAL IMPACT
The Fiscal Year 2022/2023 Capital Improvement Program established a project budget of $450,000 for the Wetland Restora+on Plan (PR20-0300) with the sole source of funding from Fund 230 Measure AA, a state grant. The San Francisco Bay Authority that manages the Measure AA grant has authorized a grant increase of $67,500 for a total grant amount of $517,500; therefore staff recommends that the project budget be increased from $450,000 to $517,500.

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

ATTACHMENTS:

1. Resolution - Wetlands Restoration Plan

2. Napa Ecology Center Project Level Agreement

3. ACCPF MOU

4. Amended Measure AA Grant Agreement

5. Measure AA Grant Agreement Work Plan
59 RESOLUTION NO. 2023‐

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON INCREASING THE WETLAND RESTORATION PLAN (PR20‐0300) PROJECT BUDGET FROM $450,000 TO $517,500 AND APPROVING A

PROJECT LEVEL AGREEMENT WITH THE AMERICAN CANYON COMMUNITY AND PARKS FOUNDATION FOR AN AMOUNT NOT TO EXCEED $67,500
WHEREAS, on January 21, 2021, City Council approved Resolution No. 2021‐03, approving San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure (Measure AA) grant funds from the San Francisco Bay Restoration Authority (Authority) in the amount of $450,000; and WHEREAS, Measure AA is funding the American Canyon Wetlands Restoration Plan (PR20‐0300) (Project) described in the City's Fiscal Year 2022/23 budget as the North Slough Restoration, Reclamation and Recreation Access Project; and
WHEREAS, the Wetlands Restoration Plan includes the feasibility of an Education Center (now named Napa River Ecology Center) at the City Corporation Yard located at 205 Wetlands Edge Road; and WHEREAS, in September 2021, the City and American Canyon Community and Parks Foundation (ACCPF) signed an Exclusive Negotiating Agreement identifying ACCPF asthe formal project partner for the Ecology Center; and
WHEREAS, on November 3, 2022, Measure AA grant representatives from the San Francisco Bay Restoration Authority (Authority) visited the City's wetlands restoration project area and offered an additional $67,500 in grant funding to specifically support ACCPF's further development of the Ecology Center; and
WHEREAS, City staff recommends that the project budget be increased from $450,000 to $517,500 to reflect the $67,500 increase of Fund 230 (Measure AA grant); and WHEREAS, the American Canyon City Council approved a Memorandum of Understanding (MOU), Agreement regarding the partnership between the City and ACCPF which included working on specific projects through Project Level Agreements; and
WHEREAS, the MOU calls for City Council, and the ACCPF Board of Directors, to approve Project Level Agreements when the value of the project is greater than $50,000; and WHEREAS, a Project Level Agreement in the amount of $67,500 has been prepared to reflect the scope of work that ACCPF will be working on in partnership with the City to further development of the Napa River Ecology Center.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby increases the Wetland Restoration Plan (PR20‐0300) Project Budget from $450,000 to $517,500 with the source of funding being Fund 230 (Measure AA Grant).
60 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby approves a Project Level Agreement with the American Canyon Community and Parks Foundation for an amount not to exceed $67,500.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 16th day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST:            APPROVED AS TO FORM:
____________________________   _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 61 PROJECT LEVEL AGREEMENT

CITY OF AMERICAN CANYON AGREEMENT FOR SERVICES

WITH THE AMERICAN CANYON COMMUNITY AND PARKS FOUNDATION RECITALS:

WHEREAS, the American Canyon City Council approved a Memorandum of Understanding (MOU), Agreement regarding the partnership between the City of American Canyon (CITY) and American Canyon Community and Parks Foundation (ACCPF), and,
WHEREAS, the MOU anticipates creating Project Level Agreements to frame partnership expectations for specific projects, programs or events; and,
WHEREAS, the MOU calls for City Council, and the Board of Directors, to approve Project Level Agreements when the value of the project is greater than $50,000 (Section 7); and, WHEREAS, the ACCPF has exceptional expertise and experience in managing Ecology Center development
WHEREAS, the ACCPF has committed staffing and resources to manage the project WHEREAS, the City and ACCPF share a common vision for repurposing the Corporation Yard into an Ecology Center
WHEREAS, the addition of the Ecology Center project supports the City’s goal of healthy lifestyles and environmental sustainability; and,
WHEREAS, the ACCPF is qualified, able to perform and oversee such efforts as described herein; and WHEREAS, the ACCPF is agreeable to providing the services on the terms and conditions hereinafter set forth.

NOW THEREFORE, the parties agree as follows:

1. Purpose of Project: Contract with ACCPF for development of the Napa River Ecology Center Project

2. Background: For over 20 years the City has envisioned a new home for the Corporation yard and a new public use for the property located at 205 Wetlands Edge Road.  In 2020 the City received a $450,000 Measure AA grant from the San Francisco Bay Restoration Authority to study Wetlands Restoration and the development of an Education Center (now named Napa River Ecology Center) at the Corporation Yard Site. In September 2021 the City and ACCPF signed an Exclusive Negotiating Agreement identifying ACCPF as the formal project partner. ACCPF has raised seed funding, hired architect and engineering firms, and is ready to move forward with Phase II of the project. On May 1, 2023 the San Francisco Bay Restoration Authority approved an 62 additional $67,500 in grant funding to support further development of the Ecology Center. The City wishes to subcontract with ACCPF to manage the project and will dedicate the additional funding to its development.

3. Project Partners:
a. City of American Canyon
b. American Canyon Community and Parks Foundation

4. Roles and Responsibilities:
a. ACCPF is responsible for the following Ecology Center duties:
i. Conduct neighborhood and community outreach
ii. Conduct partner and program research
iii. Prepare various site exhibits and outreach materials iv. Provide project summary including copies of design exhibits, community outreach materials, and displays
v. Provide summary of program, partner, and funding alternatives b. CITY is responsible for the following duties:
i. Reimburse ACCPF for expenses related to task items listed above ii. Support outreach efforts through City marketing channels iii. Provide access to project site for purposes of conducting outreach

5. Contacts:
a. City:

Allie Ikeda
Parks and Recreation Director
City of American Canyon Parks and Recreation Department [email protected]
b. City:

Erica Ahmann Smithies
Public Works Director
[email protected]
63 c. ACCPF
Janelle Sellick
Executive Director
American Canyon Community and Parks Foundation
[email protected]

6. Timeline:
a. May ‐ June 2023 – Neighborhood and Community Outreach b. July 2023 – Project Summary
c. July 2023 – Submit Project Entitlements

7. Staffing:
a. ACCPF Staff will serve as Project Manager

8. Constraints:

Weather: Weather related issues may occur. These include rain, heat or wind that may cancel or delay a scheduled program.

Funding: ACCPF will make every attempt to provide funding to support ongoing programming.

Should funding issues arise ACCPF Executive Director and City Parks and Recreation Director will review and adjust plans as needed.

Measure AA Grant: As a subcontractor to the City, ACCPF will insure that all Measure AA grant requirements as outlined in Exhibit A of this Agreement and subsequent Measure AA agreement amendments are followed.

9. Agreement Change Process: Should the expectations change, the ACCPF Executive Director and Parks and Recreation Director shall confirm changes via email and amend the Project Level Agreement.

10. Insurance: ACCPF shall the following insurance coverages and limits:
a. Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.  Contractor’s general liability policies shall be primary and non‐contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, 64 attorneys and agents shall be additional insureds under such policies.  For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
b. Commercial General Liability – Complete Operations Coverage: Contractor shall maintain and provide completed operations coverage and to the additional insured using ISO form CG 20 37. Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project.  In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
c. Workers’ Compensation Insurance: Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
i. The Contractor or Consultant makes the following certification, required by section 1861 of the California Labor Code:
ii. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self‐insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
__________________________________
Contractor/Consultant Signature
Agreed to on this day, May _____
___________________________________________                                                         ________________ Janelle Sellick, Executive Director
American Canyon Community and Parks Foundation         Date ___________________________________________                                                         ________________ Jason B. Holley, City Manager
City of American Canyon                                                                                                       Date 65 STANDARD AGREEMENT
(RA 3/2018)
THIS AGREEMENT, made and entered into this _______ day of ________ , 2020 in the State of California, by and between the San Francisco Bay Restoration Authority, a regional public entity, through its duly appointed , hereafter called the Authority, and
, hereafter called the Grantee.

The Grantee and the Authority hereby agree as follows:

SCOPE OF AGREEMENT
Pursuant to the San Francisco Bay Restoration Authority Act, California Government Code 66700-66706, the San Francisco Bay Restoration Authority (“the Authority”) hereby grants to The City of American Canyon (“the grantee”) a sum not to exceed $450,000 (four hundred fifty thousand dollars), subject to this agreement. The grantee shall use these funds to prepare a Wetlands Restoration Plan, conduct feasibility studies, form a Technical Advisory Committee, and prepare a Monitoring Plan (collectively “the project”) for the North Slough adjacent to the City of American Canyon and Napa River, as shown on Exhibit 1, which is incorporated by reference and attached.
(Continued on following pages)
The provisions on the following pages constitute a part of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.

GRANTOR GRANTEE
AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) San Francisco Bay Restoration Authority City of American Canyon BY (Authorized Signature) BY (Authorized Signature)
 

PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer
Jason Holley, City Manager

ADDRESS & PHONE NUMBER ADDRESS
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
4381 Broadway Street, Suite 201
American Canyon, CA 94503
Phone: (707) 647-4351

AMOUNT ENCUMBERED BY THIS DOCUMENT
$450,000.00

PROGRAM/CATEGORY (CODE AND TITLE)
Measure AA
.

PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT WORK ITEM NUMBER $-0- 1777

TOTAL AMOUNT ENCUMBERED TO DATE PROJECT NAME
$450,000.00 American Canyon Wetlands Restoration Plan
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

PRINTED NAME AND TITLE OF PERSON SIGNING SIGNATURE DATE 

GRANTEE ACCOUNTING PROJECT MANAGER AGREEMENT FILE
AGREEMENT NUMBER AM. NO.

SFB0021-RA018

TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION
NO.
68-026744

TITLE OF OFFICER ACTING FOR PUBLIC ENTITY PUBLIC ENTITY Executive Officer San Francisco Bay Restoration Authority

GRANTEE'S NAME
City of American Canyon
DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 12/29/2020 12/29/2020
29th December
Raymond Woo Budget Manager 12/29/2020

EXHIBIT A
66 City of American Canyon
Grant Agreement No SFB0021-RA018

The project will result in the development of a Wetlands Restoration Plan and a Monitoring Plan.

The Wetlands Restoration Plan will summarize opportunities for projects that will protect, restore, and enhance wetland and upland habitat along the City’s shoreline in Napa County. The Monitoring Plan will identify appropriate monitoring strategies for each project identified in the Wetlands Restoration Plan. The City will form a Technical Advisory Committee (TAC) comprised of several supporting agencies and will conduct three feasibility studies to inform the development of these plans. The feasibility studies will address strategies for flood protection and habitat restoration; opportunities for education, community engagement, and public access; strategies for managing wastewater overflow; and potential impacts of sea level rise to the project area.

The grantee shall carry out the project in accordance with this agreement and a work program as provided in the “WORK PROGRAM” section, below. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the project.

CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND

DISBURSEMENT
The grantee shall not commence the project and the Authority shall not be obligated to disburse any funds under this agreement until the following conditions precedent have been met:

1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.

2. The Executive Officer of the Authority (“Executive Officer”) has approved in writing:
a. The work program for the project as provided in the “WORK PROGRAM” section, below.
b. All contractors that the grantee intends to retain in connection with the project. c. A plan for acknowledging Authority funding of the project as described in the “WORK PRODUCTS AND ACKNOWLEDGMENT OF AUTHORITY SUPPORT” section, below.

3. The grantee has provided written evidence to the Authority that:
a. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in the “INSURANCE” section, below.

ADDITIONAL GRANT CONDITIONS
DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 67 City of American Canyon
Grant Agreement No SFB0021-RA018

The grantee shall also meet the following conditions:

1. The Publication of Project Information. The grantee shall upload project information, including periodic monitoring data, to the project tracker for “EcoAtlas”, an online database and web-based viewer of stream and wetland maps, restoration information, and monitoring results (currently available at http://ptrack.ecoatlas.org/), to track project information and aggregate data.

2. Using the Lessons Learned Report form provided by the Authority and in accordance with the deadline set forth in the PROJECT COMPLETION section, below, the grantee shall submit a report describing whether the project met the project goals and information learned from project implementation that could help others more effectively implement similar projects.

TERM OF AGREEMENT
This agreement shall take effect when signed by both parties and received in the office of the Authority together with the resolution described in the “CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” section of this agreement. This agreement may be signed using an electronic process specified by the Authority.

This agreement shall run from its effective date through December 1, 2022 (“the termination date”) unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by September 1, 2022 (“the completion date”).

AUTHORIZATION
The signature of the Executive Officer of the Authority on this agreement certifies that at its July 17, 2020 meeting, the Authority adopted the resolution included in the staff recommendation attached as Exhibit 2. This agreement is executed under that authorization.

DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 68 City of American Canyon
Grant Agreement No SFB0021-RA018

Standard Provisions

WORK PROGRAM
Before beginning the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this grant agreement. The work program shall include:

1. The specific tasks to be performed.

2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date.

3. A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project. For each project component, the project budget shall list all intended funding sources including the Authority’s grant and all other sources of monies, materials, or labor.

If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, then the grantee shall, prior to initiating any contractor selection process, submit the selection package to the Executive Officer for review and written approval as to consistency with the purposes of this grant agreement. Upon approval by the Executive Officer, the grantee shall proceed with the contractor selection process. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to project commencement.

The work program shall have the same effect as if included in the text of this agreement.

However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement shall control.

The grantee shall carry out the project in accordance with the approved work program.

COORDINATION AND MEETINGS
The grantee shall coordinate closely with Authority staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination.

WORK PRODUCTS AND ACKNOWLEDGMENT OF AUTHORITY SUPPORT
DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 69 City of American Canyon
Grant Agreement No SFB0021-RA018

All material, data, information, and written, graphic or other work produced, developed or acquired under this agreement is subject to the unqualified and unconditional right of the Authority to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so.

If any of the work is subject to copyright, trademark, service mark, or patent, the Authority is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense.

The grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Authority as a third-party beneficiary of those provisions.

The grantee shall not utilize the work produced under this agreement for any profit-making venture, or sell or grant rights to a third party for that purpose.

To acknowledge the Authority’s support of the project, the Authority’s name and logo shall be included in the final report in a prominent location. The grantee shall mention the Authority’s support in its project-related press releases, contacts with the media, and social media postings, and on its website. The grantee shall submit a plan for compliance with this paragraph to the Executive Officer for review and approval, and the grantee shall comply with the approved plan.

COSTS AND DISBURSEMENTS
When the Authority determines that all “CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” have been fully met, the Authority shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows:

The withholding for this agreement is ten percent. The Authority shall disburse funds for costs incurred to date, less ten percent, upon the grantee’s satisfactory progress under the approved work program and upon submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Authority’s fiscal year ends on June 30. For all costs the grantee incurs through the end of the Authority’s fiscal year, Requests for Disbursement shall be submitted by July 20th. The Authority shall disburse the ten percent withheld upon the grantee’s satisfactory completion of the project and compliance with the “PROJECT COMPLETION” section, below, and upon the Authority’s acceptance of the project.

The Authority will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Authority will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 70 City of American Canyon
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California Code of Regulations (“CCR”), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the grantee.

Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. The Authority will reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors.

The grantee shall request disbursements by filing with the Authority a fully executed “Request for Disbursement” form (available from the Authority). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. Hourly rates billed to the Authority and specified in the approved work program budget shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.

An authorized representative of the grantee shall sign the form. Each form shall be accompanied by:

1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.

2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.

3. A supporting progress report summarizing the current status of the work and comparing it to the status required by the work program (budget, timeline, tasks, etc.), including written substantiation of completion of the portion of the project for which the grantee is requesting disbursement.

The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Authority of its obligation to disburse funds to the grantee unless and until the grantee corrects all deficiencies.

EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS
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The total amount of this grant may not be increased except by written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget.

Expenditure on items contained in the approved project budget, other than overhead and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Authority and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Authority may withhold payment for items that exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.

PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in the “TERM OF AGREEMENT” section, above. Upon completion of the project, the grantee shall supply the Authority with evidence of completion by submitting:

1. The plan and any other work products specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by the Executive Officer.

2. A fully executed final “Request for Disbursement.”

3. The Lessons Learned Report.

Within thirty days of the grantee’s submission of the above, the Authority shall determine whether the grantee has satisfactorily completed the project. If so, the Authority shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter.

EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM
Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing.

Before the project is complete, the Authority may terminate or suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Authority. The Authority shall be responsible for any reasonable and nonDocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 72 City of American Canyon
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cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from the Authority authorizes work to resume.

Before the project is complete, the grantee may terminate this agreement for any reason by providing the Authority with seven days notice in writing and repaying to the Authority all amounts disbursed by the Authority under this agreement. The Authority may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.

On or before the date of termination of the agreement under this section, whether terminated by the grantee or the Authority, the grantee shall provide the Authority with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form.

The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.

The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.

If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement, the grantee shall be liable for immediate repayment to the Authority of all amounts disbursed by the Authority under this agreement. The Authority may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Authority may have for breach of this agreement.

INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Authority, its officers, agents and employees from any and all liabilities, claims, demands, damages, or costs, including without limitation litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Authority, its officers, agents or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code Section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.

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The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the Authority, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.

Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.

INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement.

As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage required by this section in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). c. Workers’ Compensation insurance as required by the Labor Code of the State of California.

2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations, products and
completed operations, as applicable)
$2,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to the activities under this agreement or the
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general aggregate limit shall be twice the required
occurrence limit.
b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.

4. Required Provisions Concerning the Authority.
a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by first class mail has been given to the Authority; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to the Authority. The grantee shall notify the Authority within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Authority with evidence of renewal or replacement of the policy.
b. The grantee hereby grants to the Authority, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the Authority, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer.
c. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:
(i) The Authority, its officers, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with such work or operations.
(ii) For any claims related to this agreement, the grantee’s insurance coverage shall be primary insurance with respect to the Authority, its officers, agents and employees, and not excess to any insurance or self-insurance of the Authority. (iii)The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement.

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5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Authority and approved in writing by the Executive Officer.

6. Verification of Coverage. The grantee shall furnish the Authority with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Authority reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.

7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain errors and omissions liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project

8. Premiums and Assessments. The Authority is not responsible for premiums and assessments on any insurance policy.

AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, “records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to work under the agreement. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation.

Additionally, the Authority or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Authority or its agents with any relevant information requested and shall permit the Authority or its agents access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations.

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The grantee shall retain the required records for a minimum of three years following final disbursement by the Authority. The records shall be subject to examination and audit by the Authority and the Bureau of State Audits during the retention period.

If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.

The Authority may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.

COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, Authority funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Authority to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Authority upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Authority shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 77 City of American Canyon
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The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement.

PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861. If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations.

The grantee shall review applicable statutory provisions and the regulations adopted under the provisions and the information available on the Department of Industrial Relations website (http://www.dir.ca.gov/Public-Works/PublicWorks.html) to determine its responsibilities. For additional information, the grantee may also review the State Coastal Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (March 2015), available from the Authority on request.

INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the Authority.

ASSIGNMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the grantee in whole or in part.

TIMELINESS
Time is of the essence in this agreement.

EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate an Authority project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing.

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AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties.

LOCUS
This agreement is deemed to be entered into in the County of Alameda.

SURVIVAL
The obligations in the “WORK PRODUCTS AND ACKNOWLEDGMENT OF AUTHORITY SUPPORT” and “INDEMNIFICATION AND HOLD HARMLESS” sections, above, shall survive the termination of this agreement.

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Exhibit 1: Project Location and Site Maps
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SAN FRANCISCO BAY RESTORATION AUTHORITY
Staff Recommendation
July 17, 2020
American Canyon Wetlands Restoration Plan
Project No. RA-018
Project Manager: Maggie Jenkins
RECOMMENDED ACTION: Authorization to disburse up to $450,000 to the City of American Canyon to conduct feasibility studies, form a Technical Advisory Committee, prepare a Wetlands Restoration Plan, and prepare a Monitoring Plan. The American Canyon Wetlands Restoration Plan will summarize opportunities for projects that will protect, restore, and enhance wetland and upland habitat along the City’s shoreline in Napa County.

The feasibility studies will address strategies for flood protection and habitat restoration; opportunities for education, community engagement, and public access; strategies for managing wastewater overflow; and potential impacts of sea level rise to the project area.

LOCATION: City of American Canyon, Napa County; Measure AA Region: North Bay MEASURE AA PROGRAM CATEGORY: Safe, Clean Water and Pollution Prevention Program; Vital Fish, Bird and Wildlife Habitat Program; Integrated Flood Protection Program; Shoreline Public Access Program.

EXHIBITS
Exhibit 1: Project Location and Site Map
Exhibit 2: Project Designs and Photographs
Exhibit 3: Project Letters
RESOLUTION AND FINDINGS:

Staff recommends that the San Francisco Bay Restoration Authority adopt the following resolution pursuant to The San Francisco Bay Restoration Authority Act, Gov. Code Sections 66700-66706:
“The San Francisco Bay Restoration Authority hereby authorizes the disbursement of an amount not to exceed four hundred fifty thousand dollars ($450,000) to the City of American Canyon to conduct feasibility studies, form a Technical Advisory Committee, prepare a Wetlands Restoration Plan, and prepare a Monitoring Plan. The American Canyon Wetlands Restoration Plan will summarize opportunities for projects that will protect, restore, and enhance wetland and upland habitat along the City’s shoreline in Napa County. Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Authority the following:

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a. A detailed work program, schedule, and budget.
b. Names and qualifications of any contractors to be employed in carrying out the project.
c. A plan for acknowledgement of Authority funding.”
Staff further recommends that the Authority adopt the following findings:
“Based on the accompanying staff report and attached exhibits, the San Francisco Bay Restoration Authority hereby finds that:

1. The proposed authorization is consistent with The San Francisco Bay Restoration Authority Act, Gov. Code Sections 66700-66706.

2. The proposed authorization is consistent with The San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure (Measure AA).” PROJECT SUMMARY:

Staff recommends that the Authority authorize a grant up to four hundred and fifty thousand dollars ($450,000) to the City of American Canyon to prepare a comprehensive Wetlands Restoration Plan (“Plan”), conduct feasibility studies, form a Technical Advisory Committee, and prepare a Monitoring Plan (collectively “the project”). The Plan will analyze opportunities for target projects to improve habitat, reduce flooding, reduce wastewater contamination risk, increase public access, and increase resiliency to sea level rise along the American Canyon shoreline. The project area consists of the North Slough, Lower Napa River wetlands, and upland habitats bordering the American Canyon community.

The City of American Canyon identified five main issues within the project area, including habitat degradation, flooding, wastewater contamination, limited public access, and susceptibility to rising seas. The wetlands surrounding the North Slough are divided by an eroding levee road and culvert system, which impedes the natural flow of water, fish and mammals. The stretch of levee road (Eucalyptus Drive) over the culverts has been decommissioned and now functions as a part of the San Francisco Bay Trail. Seasonal flooding of the Bay Trail at the levee road limits safe trail access and threatens nearby infrastructure located approximately 700 yards away. Alternative flood management strategies are needed to improve habitat and reduce flood risk. In the upland habitat within the southern region of the project area, the wastewater overflow pond sits adjacent to the Corporation Yard (Corp Yard), which was historically used for wastewater treatment. The wastewater overflow pond poses a contamination threat to the adjacent wetlands and uplands; and therefore, new strategies are needed to manage wastewater overflow for improved water quality.

Throughout the entire project area, there are limited education and recreation opportunities due to minimal public access to the water and wetlands. The Plan aims to evaluate opportunities to provide both education and recreation opportunities within the project area.

Lastly, the project area and nearby homes and other infrastructure are threatened by projected sea level rise. Resilience strategies are needed to lessen the impacts on the habitats and structures along the shoreline. Development of the Plan is needed to help inform future restoration actions within the project area.

The project will include the following elements:

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• Technical Advisory Committee (TAC): A Technical Advisory Committee will be formed to allow experts to provide insight on the proposed Plan and feasibility studies.
• Feasibility Studies: Three studies will be conducted to evaluate the feasibility of various improvements, which are described in detail below. Each study will identify possible project partners and funding sources for design, construction, and operation.

The studies will also determine the potential benefits to habitat conditions from the proposed restoration and/or enhancement actions. o The North Slough Levee Flood Protection and Habitat Restoration Study will analyze potential solutions to improve habitat and reduce flooding. The study will evaluate the following: 1) removing existing culverts at the levee; 2) implementing nature-based flood protection strategies; and 3) altering the levee and culvert design to restore natural tidal flows (i.e. box culvert, open bottom culvert, or bridge). The analysis will inform the development of the Plan by identifying solutions to prevent flooding, reduce erosion, improve the levee site, and preserve tidal marsh.
o The Corp Yard Wastewater Overflow Pond and Environmental Education Facilities Opportunities Study will consist of two main parts. The first part will evaluate potential solutions for reducing wastewater contamination risk, improving habitat, and increasing resiliency to sea level rise. This effort will include 1) identifying the risk of contamination to wetlands and uplands habitat from the wastewater overflow ponds; 2) assessing the value of restoring the wastewater overflow pond and portions of the Corp Yard to functioning wetland and upland habitat areas; 3) evaluating alternative options for wastewater overflow management; and 4) assessing future impacts of sea level rise to ensure sustainable project development. The second part of the study will identify opportunities for increased public access and education.

The Corp Yard maintenance buildings will be evaluated as potential sites for an educational center and a public restroom facility.
o The Kayak Launch Recreational Facility Study will determine the most suitable location for an inclusive, Americans with Disabilities Act (ADA)- accessible kayak launch to be included in the San Francisco Bay Area Water Trail in order to improve public access and recreational opportunities. Three sites are being considered for the kayak launch, including the Corp Yard Site, North Slough Levee, and Glass Beach. The site selection process will include an evaluation of the potential adverse effects on wildlife. The study will also identify opportunities for interpretive signage and public outreach events to improve education and community engagement.
• Wetlands Restoration Plan: A comprehensive Wetlands Restoration Plan will be developed to identify potential projects that may be implemented to help improve habitat, reduce flooding, reduce wastewater contamination risk, increase public access, and increase resiliency to sea level rise along the American Canyon shoreline.

The plan will incorporate results from the three feasibility studies and feedback from the community and Technical Advisory Committee (TAC).
• Monitoring Plan: The Monitoring Plan will identify appropriate monitoring strategies for each project identified in the Plan. The plan will outline recommended evaluation methods and suggest baseline and post-project measures. The California DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 85 Exhibit 2
Rapid Assessment Method (CRAM) will be utilized to generate baseline reports and projectspecific guidance will be developed to further evaluate wetlands and riparian habitats. The Monitoring Plan will incorporate feedback from the TAC and rely on guidance from EPA’s National Wetlands Monitoring Workgroup’s published resources. Where appropriate, data will be made available to the public through online information resources, such as EcoAtlas (https://www.ecoatlas.org/).

The City of American Canyon’s project team and partners are well qualified to carry out the development of the Plan. A core team of four City staff will support the Plan development, including the Parks and Open Space Project Coordinator, Outdoor Recreation and Environmental Coordinator, Environmental Services Manager, and the Director of Parks.

The City’s project team has extensive experience in coastal resource conservation, environmental permitting and monitoring, and public engagement. The City has successfully completed multiple grant-funded projects and has the capacity to satisfy grant requirements.

Past projects have included public access, education, recreation, and restoration components.

The City contributed to the development of the Newell Open Space Preserve Management Plan and received grant funding from the California State Parks’ Habitat Conservation Fund to enhance and protect the Newell Open Space Preserve. As a part of the first phase of the Clarke Ranch Master Plan, the City acquired grant funds to support the American Canyon’s Wetlands Edge Park Environmental Education project.

The City will draw on input from local experts in the TAC who will help to guide the development of the proposed Plan and its feasibility studies. The TAC will be comprised of six supporting agencies, including American Canyon Community and Parks Foundation (ACCPF), California Department of Fish and Wildlife (CDFW), Napa County Flood Control and Water
Conservation District, Napa County Regional Park and Open Space District, Napa County Resource Conservation District (RCD), and the American Canyon Open Space Advisory Committee. Collectively, these organizations have expertise in wetland biology and ecology, flood management, biological monitoring, watershed management, and outdoor education and recreation. The City is dedicated to finding a qualified consultant to develop the plan and will utilize the TAC’s expertise to select a qualified consultant.

The project has broad public support and will incorporate community input throughout the planning process. The City has received six letters of support from local agencies and has commitment from several agencies to serve on the TAC. In particular, the proposed kayak launch and wetland restoration activities are well supported. Citizens of American Canyon identified a kayak launch as the most needed recreational item in the 2015 recreational needs assessment and identified wetlands restoration as a priority in the 2017 Clarke Ranch Community Park Master Plan. The City of American Canyon plans to actively seek community input through outreach events and public meetings. The TAC and City staff will host at least four public meetings and will accommodate diverse groups by hosting meetings at alternative times (nights, weekends) and sites (online and at title 1 schools, cultural and community gatherings, and youth sporting events when possible). The resulting Plan will benefit the community by providing strategies for improved flood management, water quality, and public access.

The project incorporates several proposed public access components that connect to the Bay Trail and Water Trail. The Kayak Launch Recreational Facility Study and Corp Yard:

Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study both focus on developing strategies for improved public access. There are currently only two DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 86 Exhibit 2
Water Trail access points within Napa County, both of which are north of the project site.

The proposed recreational kayak launch would provide an additional trailhead on the Water Trail. In addition, the Corp Yard: Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study will investigate further opportunities for education and public access at the Corp Yard Site, which is directly adjacent to the Bay Trail along Wetlands Edge road.

Site Description:

The project area encompasses 150 acres within the Napa River watershed and is bordered to the east by the City of American Canyon and to the west by the Napa-Sonoma Marshes Wildlife Area and the Napa River. The project area consists of diked baylands north of the levee road (Eucalyptus Drive) and mudflats and tidal marsh south of the levee road, with a shallow channel running through the slough. A seasonal tributary, originating in the hills east of American Canyon, feeds into the North Slough. Just north of Highway 29 and Napa Junction Road, the North Slough runs westerly along vineyards and warehouses before turning south, flowing through the culvert system under the levee road (Eucalyptus Drive). It then continues through the Lower Napa River wetlands, open waters of the Napa River, and out towards San Pablo Bay. These wetlands are tidally influenced by the Napa River, and experience an approximately 5 ft daily tidal exchange. The wetlands transition to upland habitat along the eastern edge of planning area.

The North Slough wetlands provide diverse food resources for migratory birds along the Pacific Flyway, and provide habitat for the endangered salt marsh harvest mouse. They also provide habitat for a myriad of other birds, mammals, reptiles, and insects, including the North American beaver, the North American river otter, garter snake, western fence lizard, great blue heron, least sandpiper, and monarch butterfly, among others. Although the wetland habitat is functioning, portions of the upland habitat are degraded, such as the Corp Yard site.

The feasibility studies will involve the wetlands and uplands areas along the North Slough in the Lower Napa River wetlands, including the North Slough levee and Corp Yard site. At the northern end of the project site, the Bay Trail follows the levee road (Eucalyptus drive), which divides the North Slough wetlands. A pipe culvert system allows water to pass through several medium-sized pipes (approximately 24-36 inches in diameter) underneath the levee road. South of the levee road, the Bay Trail runs parallel to Wetlands Edge Road along the eastern edge of the project area. At the southern end of the project site, the Corp Yard sits directly adjacent to the Bay Trail within the upland habitat. The Corp Yard contains several maintenance buildings and parking areas. There is a gravel access road that leads to the North Slough channel. The wastewater overflow ponds are situated in the wetland habitat directly adjacent to the Corp Yard. The project area is owned in part by the City of American Canyon and in part by CDFW.

PROJECT FINANCING
San Francisco Bay Restoration Authority $450,000
Others $0
Project Total $450,000
The City of American Canyon will provide in-kind staff time, totaling an estimated $43,000 to conduct project management activities.

DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 87 Exhibit 2
CONSISTENCY WITH AUTHORITY’S ENABLING LEGISLATION, THE SAN FRANCISCO BAY RESTORATION AUTHORITY ACT:

The proposed project is consistent with Government Code Section 66704.5 of the Authority’s enabling legislation, and therefore is eligible for grant funding from the Authority. The project location is within the Authority’s jurisdiction, as defined by Government Code Section 66704.5(a). The project area, which includes wetlands and uplands adjacent to the City of American Canyon in Napa County, is within a shoreline parcel in the San Francisco Bay area and is outside of the Delta primary zone. The City of American Canyon meets the grantee eligibility criteria defined in Government Code Section 66704.5(a). Consistent with Government Code Section 66704.5(b), the project involves planning for the restoration of tidal wetlands and managed ponds; enhancement of a shoreline levee; and improvement of public access and recreation by adding a trailhead on the San Francisco Bay Area Water Trail and expanding educational opportunities. Funding this planning project is consistent with Section 66704.5(e), which allows the Authority to award grants for “all phases of planning, construction, monitoring, operation, and maintenance” of eligible projects.

CONSISTENCY WITH MEASURE AA PROGRAMS AND ACTIVITIES:

The proposed project is consistent with the programs and activities of Measure AA, as outlined below:

The project would support the Safe, Clean Water and Pollution Prevention Program’s purpose of providing clean water for fish, birds, wildlife and people, through developing wastewater overflow management strategies and planning for the restoration of wetlands that provide natural filters and remove pollution from the Bay’s water.

The project would help implement the Vital Fish, Bird and Wildlife Habitat Program’s purpose of significantly improving wildlife habitat to support and increase vital populations of fish, birds, and other wildlife in and around the Bay. The proposed feasibility studies address the need for providing expanded and improved habitat for fish, birds and mammals, and for restoring wetlands and other shoreline habitats to benefit wildlife. The North Slough Levee Flood Protection and Habitat Restoration Study will investigate reconfiguration of the North Slough levee to reduce impediment of fish, birds, and mammals. In addition, the Corp Yard: Wastewater Overflow Pond Study will evaluate the potential expansion of upland and wetland areas into the historic wastewater overflow pond and Corp Yard site.

The project is consistent with the goals of the Integrated Flood Protection Program to protect communities from coastal flooding. The North Slough Levee Flood Protection and Habitat Restoration Study will investigate how to best enhance the existing flood protection levee and will develop strategies for improving nature-based flood protection.

The Shoreline Public Access Program’s purpose is to enhance the quality of life of Bay Area residents, including those with disabilities, through safer and improved public access, as part of and compatible with wildlife habitat restoration projects in and around the Bay. The project would support implementation of this program by planning the addition of an allaccess kayak launch, which would function as a new trailhead on the Water Trail. The feasibility studies will also evaluate the Corp Yard site for education and public access opportunities. In addition, the project aims to identify locations for interpretative signage and locations for shoreline clean-up outreach events.

DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 88 Exhibit 2
CONSISTENCY WITH MEASURE AA PRIORITIZATION CRITERIA:

1. Greatest positive impact. The project’s feasibility studies will result in a Wetlands Restoration Plan that will contribute to enhancing the Napa River watershed. The goal of the feasibility studies is to identify projects that will improve wildlife habitat and provide clean water and multiple benefits to Bay Area residents including flood protection and opportunities for public access, recreation, and outdoor education. The Corp Yard:

Wastewater Overflow Pond Study will identify solutions to reduce risk of wastewater contamination and improve water quality. This will have cascading benefits to downstream areas, as water flows from the North Slough through wetlands into the Napa River and San Pablo Bay. In addition, the feasibility studies will contribute to enhanced public access to the Napa River and wetlands by analyzing opportunities for an ADAaccessible kayak launch, education center at the Corp Yard site, interpretive signage, and outreach events. In particular, the proposed kayak launch would provide recreational opportunities beyond the project site itself, by creating an additional trailhead on the Water Trail.

2. Greatest long-term impact. The City is considering the long-term sustainability of the planned projects. The Corp Yard: Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study will investigate sea level rise impacts to the Corp Yard project area and will ensure that resiliency and sustainability are factored into consideration for proposed projects.

3. Leveraging resources and partnerships. The project will involve coordination and input from the following agencies: American Canyon Community and Parks Foundation, California Department of Fish and Wildlife, Napa County Flood Control and Water Conservation District, Napa County Regional Park and Open Space District, Napa County Resource Conservation District, and the American Canyon Open Space Advisory Committee. Members from the agencies listed above will serve on the Technical Advisory Committee to provide expertise on feasibility studies and advice on effective community engagement.

4. Economically disadvantaged communities. The development of the Wetlands Restoration
Plan would benefit an economically disadvantaged community in the City of American Canyon. The area directly adjacent to the wetlands and Bay Trail, bordered to the north by
Rio Del Mar and to the south by Benton Way, is designated as a low-income Community Block Group based on the 2017 SFBRA 80% Median Income Map. This community will benefit from plans for flood protection, sea-level rise resilience, and increased public access, and will be engaged in the planning process through a series of community meetings. The project team plans to offer free access for individuals and school groups to the proposed kayak launch site.

5. Benefits to economy. Reducing flooding risk provides an economic benefit, as flooding can threaten local communities and infrastructure. Therefore, investing in flood DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 89 Exhibit 2
management and sea level rise resilience planning can yield long-term economic benefits.

The Plan will incorporate flood protection and sea level rise resilience planning through two of its feasibility studies. In addition, the kayak launch is expected to generate revenue directly for the City by collecting fees from organized tourist groups. There will be no fee collected for individuals utilizing the kayak launch.

6. Engage youth and young adults. Two of the feasibility studies will analyze opportunities for education, interpretation and outreach. The project team will be seeking input from several organizations to facilitate involvement of youth and young adults.

They will consult with the American Canyon Community and Parks Foundation, The Napa County Resource Conservation District, the Napa County Flood Control and Water Conservation District, and the Napa County Regional Park and Open Space District.

These partner organizations have experience engaging with youth and teaching natural resource protection skills.

7. Monitoring, maintenance, and stewardship. The project team will develop a detailed Monitoring Plan that outlines recommended evaluation methods and suggested baseline and post-project measures for each proposed project. Funding sources and project partners will be identified as a part of each feasibility study. The California Rapid Assessment Method (CRAM) will be combined with project-specific monitoring guidance for wetlands and riparian habitats. The project team will seek input on monitoring operations from the TAC and rely on guidance from the EPA’s National Wetlands Monitoring Group. In addition, they will seek guidance from the TAC on developing community stewardship through education and outreach events.

8. Coastal Conservancy’s San Francisco Bay Area Conservancy Program. a. The project is supported by regional plans including: Restoring the Estuary, The Baylands and Climate Change, Recovery Plan for Tidal Marsh Ecosystems for Northern and Central California, Comprehensive Conservation and Management Plan for the San Francisco Estuary, Surviving the Storm, San Francisco Bay Trail Plan, Water Quality Control Plan for the San Francisco Bay Basin. b. The proposed project serves a regional constituency. The results of the feasibility studies will inform future implementation phases that will have benefits beyond the immediate project site. One major focus of the plan is improving public access. The Bay Trail serves the entire San Francisco Bay, connecting communities to open spaces and outdoor education opportunities. Visitors will benefit from proposed education and recreation opportunities located directly adjacent to the Bay Trail at the Corp Yard site and kayak launch. In addition, the water flowing through the project site is connected to the lower reaches of the Napa River and feeds into San Pablo Bay. Therefore, identifying solutions to reduce wastewater contamination risk and improve water quality at the project site will also benefit constituents in San Pablo Bay.
c. The proposed project can be implemented in a timely way. The project can begin as soon as funding is secured through the propose authorization and is projected to be completed by 2022.

DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 90 Exhibit 2
d. The proposed project provides opportunities for benefits that could be lost if the project is not quickly implemented. The Plan will address several urgent issues including flooding, habitat degradation, water contamination, limited public access, and sea level rise.

9. San Francisco Bay Conservation and Development Commission’s Coastal Management Program. The feasibility studies address several policies of BCDC’s San Francisco Bay Plan, part of its Coastal Management Program:

Tidal Marshes and Tidal Flats Policy 5: The Plan will recommend a mechanism to restore natural tidal flows at the North Slough levee, preserving tidal marsh; Tidal Marshes and Tidal Flats Policy 6: The project will include the development of a monitoring program with project-specific monitoring recommendations. The Wetlands Restoration Plan will be based on analysis of tidal flows, localized sediment erosion, and resilience to sea level rise and climate change;
Public Access Policy 3: The project will consult with appropriate agencies as a part of the TAC involvement to determine the appropriate location for public access; Public Access Policy 4: Public access will be sited, designed and managed to prevent significant adverse effects on wildlife;
Public Access Policy 5: Project plans include outreach to a diverse group of community members and specify plans to create inclusive public access; Environmental Justice and Social Equity Policy 3: Equitable community outreach and engagement will be conducted;
Public Access Policy 6: Public access at the Corp Yard site will be sited, designed, and managed to avoid significant adverse impacts from sea level rise and shoreline flooding.

Public Access Policy 8: The public access improvements will be designed to encourage diverse Bay-related activities and will provide barrier free access for persons with disabilities;
Public Access Policy 14: Public access is being integrated early into the planning and design of a habitat restoration project;
Climate Change Policy 4: The project will give special consideration for preservation and habitat enhancement to areas vulnerable to future flooding; Climate Change Policy 5: The project will incorporate sea level rise adaptation approaches where feasible and appropriate for the Corp Yard site; Recreation Policy 1: The project will incorporate plans for an accessible water-oriented recreation opportunity as a part of the Kayak Launch Recreational Facility Study.

10. San Francisco Bay Joint Venture’s Implementation Strategy.

The proposed project is not currently on the Joint Venture’s list, but the project is consistent with the Joint Venture’s Implementation Strategy. The resulting Wetlands Restoration Plan will contribute to the Joint Venture’s goal of protecting, restoring and enhancing wetlands and associated uplands. For the North Bay Subregion, which includes Napa County, the Joint Venture aims to restore 15,000 acres of bay habitats and enhance 13,000 acres of bay habitats. Specifically in Napa County, where the project is located, the Joint Venture aims to ensure maximum protection of important habitats as a part of the North Bay ecosystem.

Through three feasibility studies, the project will develop a Plan to guide the restoration of wetlands and uplands habitat. Lastly, the Implementation Strategy emphasizes the need to DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 91 Exhibit 2
control pollutants to improve water quality, which will be directly addressed by the Corp Yard: Wastewater Overflow Pond feasibility study.

COMPLIANCE WITH CEQA:

The proposed project is statutorily exempt from the requirement to prepare an environmental document under the California Environmental Quality Act and categorically exempt from CEQA under 14 Cal. Code of Regulations Sections 15262 and 15306, as it only involves preparation of feasibility and planning studies for possible future actions that have not yet been approved, adopted or funded, and basic data collection, research and resource evaluation activities that will not result in serious or major disturbance to an environmental resource. The planning studies will consider environmental factors. Staff will file a Notice of Exemption upon approval of the proposed project.

DocuSign Envelope ID: BE4FB821-6C2F-41CA-AC49-51772DC8BB07 92 93
94 95
96 97
98 99
100
101
102

STANDARD AGREEMENT
(RA 3/2018)
THIS AGREEMENT, made and entered into this _______ day of ________ , 2023 in the State of California, by and between the San Francisco Bay Restoration Authority, a regional public entity, through its duly appointed , hereafter called the Authority, and
, hereafter called the Grantee.

The Grantee and the Authority hereby agree as follows:

The amount of this agreement is increased to $517,500 (five hundred seventeen thousand five hundred dollars).

All other terms of the existing agreement shall remain in effect.

The provisions on the following pages constitute a part of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.

GRANTOR GRANTEE
AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) San Francisco Bay Restoration Authority City of American Canyon BY (Authorized Signature) BY (Authorized Signature)
 

PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Executive Officer Jason Holley, City Manager

ADDRESS & PHONE NUMBER ADDRESS
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
4381 Broadway Street, Suite 201
American Canyon, CA 94503
Phone: (707) 647-4351

AMOUNT ENCUMBERED BY THIS DOCUMENT
$67,500.00

PROGRAM/CATEGORY (CODE AND TITLE)
Measure AA
.

PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT

WORK ITEM NUMBER
$450,000.00 441-1777-19-5850

TOTAL AMOUNT ENCUMBERED TO DATE PROJECT NAME
$517,500.00 American Canyon Wetlands Restoration Plan
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

PRINTED NAME AND TITLE OF PERSON SIGNING SIGNATURE DATE 

GRANTEE ACCOUNTING PROJECT MANAGER AGREEMENT FILE
AGREEMENT NUMBER AM. NO.

SFB0021-RA018 2

TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION
NO.
68-026744

TITLE OF OFFICER ACTING FOR PUBLIC ENTITY PUBLIC ENTITY Executive Officer San Francisco Bay Restoration Authority

GRANTEE'S NAME
City of American Canyon
DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D Suzanne Bode 5/1/2023
1 Accounting Mgr
May
103
San Francisco Bay Restoration Authority (7/2021)

AGREEMENT OR WORK PROGRAM

MODIFICATION FORM
To approve a work program modification, complete the form through part 1 and attach the new work program and budget. To process a contract amendment, complete part 2 (and part 1 if necessary). The signed form should be placed in the contract file with a copy of the work program.

Grantee/Contractor:

City of American Canyon
Agreement No.:

SFB0021-RA018
Project Name:

American Canyon Wetlands Restoration Plan
Amendment No.:
2 Project Manager:

Virgilio Cuasay
PART 1: WORK PROGRAM MODIFICATION
Attach copy of revised work program.

Project Manager: (Deputy) Program Manager:

PART 2: AGREEMENT MODIFICATION
Termination Date: 5/1/24 Extend to: N/A
Completion Date: 2/1/24 Extend to: N/A
Justification for Completion/Term Extension or modification(s): (Attach description needed) Augment needed to support additional public outreach, prepare design exhibits for the environmental education facilities, and allow for partner/program research related to the Napa River Ecology Center, which is part of the existing scope previously approved for this project.

Funding Modification (Check One): No ____ Yes __X_ (Attach justification & Approved Work Transmittal) Other Changes No _X__ Yes ____
For all other changes, project manager drafts contract amendment, creates folder in Share\Contracts\Draft Amendments\ and works with attorney to finalize language before sending to contract staff.

Instruction Given by (Project Manager): Approved by ((Deputy) Program Manager):

Approved by: (E.O. /D.E.O.)
DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 104
1 WORK PROGRAM
Grantee Name: City of American Canyon
Project Name: American Canyon Wetlands Restoration Plan SFBRA Grant Agreement # SFB0021-RA018
DATE: February 23, 2023
I. PROJECT DESCRIPTION
The purpose of this project is to develop a Wetlands Restoration Plan to guide restoration, protection, and improvement of the North Slough and Lower Napa River wetlands and uplands along the City’s shoreline. The City of American Canyon (Grantee) will conduct three feasibility studies: The North Slough Levee Flood Protection and Habitat Restoration Study, The Corp Yard Wastewater Overflow Pond and Environmental Education Facilities Opportunities Study, and The Kayak Launch Recreational Facility Study. The City will consult with a Technical Advisory Committee (TAC) to help direct the development of the feasibility studies and the resulting Wetlands Restoration Plan. The Wetlands Restoration Plan will include a Monitoring Plan and will identify projects to improve habitat, reduce flooding, reduce wastewater contamination risk, increase public access, and increase resiliency to sea level rise along the American Canyon shoreline. The Plan will achieve the following objectives:
• Identify solutions to prevent flooding, reduce erosion, and improve the levee site, preserving 120 acres of tidal marsh.
• Identify the level of contamination from the Corp Yard’s wastewater overflow pond and identify solutions for improved water quality and habitat value, enhancing 20 acres of wetlands and 5 acres of tidal marsh. Identify feasible location(s) for an ADA-accessible kayak launch to provide public access to the wetlands and increase stewardship of the critical habitat. Evaluate city buildings at the Corp Yard site for interpretive educational opportunities and assess future impacts of sea level rise to ensure sustainable project development. • Provide the foundation for environmental and design phases for shovel-ready projects that can compete for grant funding from the SFBRA and other state and federal agencies.

II. SCOPE OF WORK
Task 1: Project Management
Before hiring subcontractors for work under this grant agreement, Grantee will submit subcontractor qualifications to perform specified tasks for the review and approval of the Authority Project Manager. In the progress reports, the Grantee shall document all subcontractor activities, deliverables completed, progress, issues and proposed resolutions.

DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 105
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
2 The City will coordinate with the SFBRA Project Manager to keep her him informed about the status of the project. The City will be responsible for managing the budget and schedule, submitting requests for disbursement, and other project management activities.

The City will hold a Project Kick-Off Meeting to: define project scope, create RFP for Consultants, negotiate/approve contract, and identify Consultants. The City will also work with the TAC, who will assist in scoring proposals for, and selecting a Qualified Consultant/ Subcontractor. The City shall submit subcontractor qualifications and the draft contract(s) to SFBRA for review and approval prior to execution. The contract shall describe the scope of work and the products expected from each consultant. In the progress reports, the City shall document all subcontractor activities, deliverables completed, progress, issues and proposed resolutions.

Task Deliverable(s): progress reports, invoices, and subcontract documentation.

Task 2: Conduct Three Interconnected Feasibility Studies Activities below will overlap and occur concurrently in some instances. There will be three interconnected feasibility studies performed to develop the Wetlands Restoration Plan including: The North Slough Levee Flood Protection and Habitat Restoration Feasibility Study; Corp Yard: Wastewater Overflow Pond & Environmental Education Facilities Opportunities Study; and the Kayak Launch Recreational Facility Study.

For each Study, the following will occur:
a) Define Parameters of Plan Components (2 months)
b) Review and Provide a Summary of Existing Studies and Plans, Engineering Designs of Existing Structures, Environmental Documentation Relevant to the Project Area (2 months)
c) Conduct Community Outreach and Education (2 months)
d) Conduct Individual Feasibility Studies Assessing Existing and Future Scientific and Engineering Challenges and Solutions in Project Areas and Develop a List of Proposed Projects and Associated Costs, Identify Alternatives, and Complete Analyses (18 months)
e) Gather Community and TAC feedback on Alternatives and Identify Preferred Projects (2 months)
f) Develop Monitoring Plan (3 months)
g) Develop a List of Proposed Partnerships, projects, and Funding Sources for Future Phases (1 month)
h) Conduct neighborhood outreach and prepare design exhibits for Environmental Education Facilities. (2 months)
i) Conduct partner and program research for Environmental Education Facilites (2 months)
DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 106
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
3 Task Deliverable(s):
• Three Feasibility Studies that can be used independently or in concert in the Plan for preliminary environmental and design work. And a Monitoring Plan. • One page summary of Environmental Education Center outreach efforts including goals and outcomes
• Copies of design exhibits, community outreach materials, and displays • Summary of program and partner alternatives for Environmental Education Center Task 3: Develop Draft American Canyon Wetlands Restoration Plan Develop Draft Wetlands Restoration Plan and hold meeting with TAC and City Council (2 months).

Task Deliverable(s):
• Draft Wetlands Restoration Plan
• Technical Advisory Committee Member List
• Meeting Agendas
• Notes and Summaries
• Public Outreach Meeting Notices, Agendas, Notes, Photos, and Summaries • Report: Environmental Education Center Project
o summary of existing plans, site studies, and reports
o recommendations for next steps
Task 4: Develop Final American Canyon Wetlands Restoration Plan Develop Final Wetlands Plan and hold final meeting of TAC to Review and accept/adopt proposed Wetlands Restoration Plan and present for adoption by City Council (2 months).

Task Deliverable(s): Final Wetlands Restoration Plan
III. SCHEDULE
Work Completion Date: 2/1/24
Final Request for Disbursement and Final Progress Report: 3/1/24 Grant Termination Date: 5/1/24
DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 107
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
4 The Grantee will submit project deliverables as listed in the schedule below. In the event the Grantee anticipates a delay in the project schedule, the Grantee shall inform the Authority Project Manager by email prior to the scheduled due date of that task or deliverable.

In the event the project cannot be completed prior to the completion date of the Grant Agreement, the Grantee shall request an extension by email, providing justification for the extension and a revised schedule of completion. There is no guarantee that the grant agreement will be extended.

DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 108
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
5 Task
Number
Task Title Deliverable Estimated
Start Date
Estimated
Completion Date
1 Project Management • Requests for Disbursement
(Invoices), Progress Reports,
Copies of Subcontracts
Not
Applicable
Monthly or quarterly
throughout the
contract term
2 Conduct Three
Interconnected
Feasibility Studies
• Three Feasibility Studies that
can be used independently or in
concert in the Plan for
preliminary environmental and
design work.
• Monitoring Plan
• One page summary of
Environmental Education Center
outreach efforts including goals
and outcomes
• Copies of design exhibits,
community outreach materials,
and displays
• Summary of program and
partner alternatives for
Environmental Education Center
3/1/22 7/31/2023
3 Develop Draft
American Canyon
Wetlands
Restoration Plan
• Technical Advisory Committee
Member List
• Meeting Agendas
• Notes and Summaries
5/1/22 7/31/23
• Draft Wetlands Restoration Plan
• Public Outreach Meeting
Notices, Agendas, Notes,
Photos, and Summaries
• Report: Environmental
Education Center Project
3/1/23 9/30/23
4 Develop Final
American Canyon
Wetlands
Restoration Plan
• Final Wetlands Restoration Plan 6/1/23 12/31/23
DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 109
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
6 BUDGET OVERVIEW
Task Task Title Restoration Authority Grant
1 Project Management $0
2 Conduct 3 Feasibility Studies $489,500
3 Develop Draft Wetlands Restoration Plan $18,000
4 Develop Final Wetlands Restoration Plan $10,000
TOTAL $517,500
Note: The City of American Canyon will provide an in-kind contribution of $43,000 of staff time for project management.

IV. BUDGET DETAIL

5.1 Direct Costs
• Project Supplies and Services: Direct costs associated with project supplies and service include the cost of conducting the three feasibility studies, developing the draft Wetlands Restoration Plan, and developing the final Wetlands Restoration Plan.

5.2 Travel Costs
The City will not bill travel costs to the SFBRA Grant.

5.3 Indirect Costs
The City will not bill indirect costs to the SFBRA Grant.

V. SUBCONTRACTORS
The City advertised a request for proposals to potential subcontractors in October 2021 and with the assistance of the TAC, selected Environmental Science Associates (ESA) to complete the work in January 2022. ESA’s scope of work, deliverables, schedule, and brief statement of DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 110
SFBRA Grant Agreement # SFB0021-RA018
Work Program, July 19th, 2022
7 qualifications were submitted to the Authority Project Manager for review and approval prior to the Grantee officially awarding a professional services agreement on February 15, 2022.

The City will sub contract with the American Canyon Community and Parks Foundation (ACCPF) to expand community outreach and communications, provide design exhibits, and create site layouts for the Environmental Education Center portion of the project. ACCPF will provide a summary of existing plans, documents, and reports on the project so far. In addition they will provide a plan for the next phase of development including potential partners, funding sources, program opportunities, and operational plans.

VI. PLAN FOR ACKNOWLEDGMENT
The City of American Canyon will acknowledge the Authority funding through posting and sharing on various City-wide online platforms as project milestones and community information and outreach warrant. The City of American Canyon provides monthly touchpoints through the City Manager update newsletter, which has accumulated 13,278 subscribers and residents in the community. The City of American Canyon will also acknowledge the Authority funding through posting on social media platforms including Facebook and Nextdoor, which also reaches a vast audience within the American Canyon and adjacent community.

DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 111
San Francisco Bay Restoration Authority (2021)
SFBRA Funding Reservation Form

PROJECT INFORMATION
Project Manager Virgilio Cuasay
Project Name American Canyon Wetlands Restoration Plan
Agreement # SFB0021-RA018 Amendment # 2
City/County American Canyon, Napa County
Grantee (Legal Name) City of American Canyon
Date CEQA document submitted to State Clearinghouse

FUNDING AUTHORIZATION
New Board Authorization ☐
(Attach Certification of
Resolutions)
Prior Board Authorization ☐
(Attach prior reservation
form/s)
EO Augment Authority ☒
(Attach prior reservation
form/s)
Date Authorized Amount Authorized
Notes
If this reservation is part of Prior Board Authorization, also complete section below:

Date to be Reserved 4/13/23 Amount to be Reserved $67,500 Prior Amount
Reserved (to date)
$450,000 Total Amount Reserved
(prior amount + this reservation)
$517,500
Notes
If using EO Augment Authority, also complete section below:

Date to be Augmented 4/13/23 Amount to be Augmented
(max. $100,000 *)
$67,500
% Augmented
(max. 15% *)
15% Total Amount
(Authorized + Augmented)
$517,500
Notes Funding reservation is for an augment utilizing EO authority EO Signature
* SFBRA Board Resolution 28 delegates to the Executive Officer (EO) the authority to augment grant agreements by up to 15%, not to exceed $100,000.

Certifying Availability of Funds
MTC Finance Signature
Date
Work Item #
DocuSign Envelope ID: B84F22F8-35BA-4733-8140-CB8A5B830953 441-1777-19-5850
4/14/2023
DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 112
San Francisco Bay Restoration Authority (2021)
DocuSign Envelope ID: B84F22F8-35BA-4733-8140-CB8A5B830953 DocuSign Envelope ID: 49E06183-D0F5-40D8-AADD-186111821695 DocuSign Envelope ID: FB526DDF-64D1-4642-8624-0DE2767B913D 113

CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

CONSENT
ITEM NUMBER: 18.

TITLE
Projects Funded by SB1/Road Maintenance and Rehabilita+on Account (RMRA) for Fiscal Year 2023/24

RECOMMENDATION
Adopt a Resolu+on approving a list of projects for Fiscal Year 2023/24 funded by SB1: The Road Repair and Accountability Act of 2017.

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

BACKGROUND & ANALYSIS
The Road Repair and Accountability Act of 2017 (commonly referred to as SB1) provides funding for road maintenance projects through the Road Maintenance and Rehabilita+on Account (RMRA). The RMRA requires annual repor+ng to the California Transporta+on Commission (CTC). The City is required to submit a list of poten+al projects to the CTC by July 1, 2023 in order to receive RMRA funds in FY 2023/24.

On December 7, 2021, the Council approved the revised 5-year Measure T Expenditure Plan. The Expenditure Plan included all proposed road maintenance projects regardless of funding source with segments of Benton Way between Wetlands Edge Road and Elliot Drive at the top of the list to be completed.

In order to comply with CTC requirements, the City must submit a list of only those streets anticipated to be funded with RMRA funds. The recommended project list is as follows:

Street Name Treatment
Benton Way Pavement Rehabilitation
Road rehabilitation, signage, striping and
pavement markings, and ADA curb ramp
upgrades
The above street project represents only one of many streets proposed to be improved in FY 2023/24 with other funds such as Measure T. The RMRA funds do carryover from year to year and any unused funds can be spent on other City funded projects in accordance with local needs and 114
priorities so long as the projects are consistent with RMRA.

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

FISCAL IMPACT
As of January 2023, the State RMRA revenue projec+ons for FY 2023/24 are $535,391. There is no addi+onal fiscal impact with the adop+on of the resolu+on approving the RMRA Project List for Fiscal Year 2023/24.

ENVIRONMENTAL REVIEW
The procurement of RMRA funding is not a “Project” subject to the California Environmental Quality Act (“CEQA”) because securing the funding is exempt under the defini+on of a “Project” in CEQA Guidelines Sec+on 15378(b)(3) in that it concerns a government funding mechanism or fiscal ac+vity that does not involve a non-exempt ac+vity that may result in a poten+ally significant physical impact on the environment. Further, the treatment of the exis+ng streets subject to the funding is exempt consistent with CEQA Guidelines sec+on 15301(c) – repair and maintenance of exis+ng streets and sidewalks, and CEQA Guidelines Sec+on 15302 – replacement or reconstruc+on of exis+ng facili+es where the new facili+es are located at the same site and will have substan+ally the same purpose and capacity as the facilities being replaced.

ATTACHMENTS:

1. Resolution - Road Maintenance and Rehabilitation Account

2. Exhibit A - FY 23/24 Project List
115
RESOLUTION NO. 2023‐______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023‐24 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi‐modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $535,391 in RMRA funding in FY 2023/24 from SB1; and WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System to assist in developing the SB 1 project list to ensure revenues are being used on the most high‐priority and cost‐effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, roads, bridges, add active transportation infrastructure throughout the City this year and similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at‐risk condition and this revenue will help the City increase the overall quality of our road system and over the next decade will bring our streets and roads into a good to excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting‐ edge technology, materials and practices, will have significant positive co‐benefits statewide and; WHEREAS, prior to receiving fundsfor FY 2023/24, the City isrequired to submit a list of potential projects to the California Transportation Commission; and
116
WHEREAS, those streets anticipated to be repaired with SB 1 funds are identified in Exhibit A; and WHEREAS, budget for the list of street repairs located in Exhibit A will be incorporated into the recommendations for the FY 2023/24 Capital Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon adopts the Road Maintenance and Rehabilitation Account Project List for FY 2023/24 RMRA Revenues, as shown in Exhibit A, attached hereto and made a part thereof.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 16th day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

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

Exhibit A ‐ Road Maintenance and Rehabilitation Account Project List for FY 2023/24 117
Exhibit A
Project Title Description Location Funding Source Components Linear Feet Engineers Estimate Estimated Start Estimated Completion Estimated Useful Life Benton Way PavementRehabilitation
Road rehabilitation, signage, striping
and pavement markings, and ADA
curb ramp upgrades
Benton Way from Wetlands
Edge to Elliot Drive RMRA
Pre‐construction
and Construction 2,000 1,434,000 $ Mar‐23 Sep‐24 20 years Total Total 2,000 1,434,000 $
City of American Canyon
Road Maintenance and Rehabilitation Account (RMRA)
Fiscal Year 2023‐24 Project List
118

CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

BUSINESS
ITEM NUMBER: 19.

TITLE
Safe Gun Storage Ordinance

RECOMMENDATION
Waive first reading by ,tle only, and adopt an Ordinance amending Title 9 of the City of American Canyon Municipal code to add Chapter 8.19 Safe Firearm Storage requiring residents to safely store firearms in their residences.

CONTACT
Rick Greenberg, Police Chief

BACKGROUND & ANALYSIS
Exis,ng California law makes it a crime for a gun owner to store a loaded firearm in a home, or within an area of the owner's control and to do so when the owner knows, or should know, that a child could access it without a parent's permission (California Penal Code Sec,on 25100). If an owner knows that a child could access a stored firearm, the owner should: (1) ensure that the firearm is unloaded; and, (2) store it in a place that the child cannot access (for example, a locked container with a combina,on lock or a key lock). A viola,on of the above law is a misdemeanor offense punishable by up to one year in county jail, with greater sentencing if a child accesses the weapon and causes harm, great bodily injury, or death.

Similarly, California law also makes it a criminal offense for a firearm owner to: (1) store a loaded gun in a home, or within an area of the owner's control and do so when the owner knows, or should know, that a person prohibited from possessing a firearm under state law or federal law could access it. If an owner knows that an adult who cannot possess a firearm can get to the stored weapon, the owner should: (1) make certain that it is unloaded; and, (2) store it in a place outside of the adult's access (such as a locked container). A viola,on of the above law is charged as a misdemeanor. The crime is punishable by up to one year in county jail. This punishment increases if an adult accesses the weapon and causes harm, great bodily injury, or death. In such cases, the crime can be charged as a felony and lead to custody in state prison for up to three (3) years.

Several California jurisdic,ons have adopted "safe gun storage" ordinances to bolster firearm safety in the home.
119
A 2017 Pew Research Center survey found that 42% of adults live in a gun-owning household.0F[1] The Centers for Disease Control and Preven,on report that in 2019, there were 39,707 firearmrelated deaths in the United States.1F[2] In 2019, firearms were used in 23,941 suicides in the United States.2F[3] However, applying trigger locks or using lockboxes to store unsupervised firearms in the home can reduce firearm related violence and accidents.

The City of American Canyon (“City”) Council directed staff to prepare a safe firearms storage Ordinance for the City. The proposed ordinance requires any person in a residence in the City to store firearms in a locked container or disable them with an appropriate safety device in the home.

Keeping a firearm locked when it is not being carried prevents unauthorized users, including children, from accessing and using firearms which can reduce uninten,onal discharges, firearm theft, and suicide.

The requirements of this ordinance do not apply when a firearm is legally carried on the person, or otherwise in his or her immediate possession and control, nor when the firearm is in the immediate possession and control of a peace officer. The ordinance as proposed does not create a substan,al to burden to persons lawfully carrying and storing firearms in the home, but it requires safe firearm storage in an effort to decrease the risk of harm to children and the entire community.

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

FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.

ENVIRONMENTAL REVIEW
None
ATTACHMENTS:

1. Ordinance- Firearm Storage
120
ORDINANCE NO. 2023-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, STATE OF CALIFORNIA, AMENDING TITLE 9 OF CITY OF AMERICAN CANYON MUNICIPAL CODE TO ADD CHAPTER 8.19 SAFE FIREARM STORAGE
WHEREAS, the City of American Canyon ("City") does not presently regulate firearm storage within residential locations;
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally;
WHEREAS, improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children;
WHEREAS, in California, numerous people die each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds; WHEREAS, having a loaded or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as theft of the firearm; WHEREAS, a firearm stored while loaded or unlocked increases the risk of an accidental shooting;
WHEREAS, quick access to a loaded firearm heightens the risk that a person's impulsive decision to commit suicide may be carried out without reflection or seeking help, and that the impulsive attempt will be fatal;
WHEREAS, utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft; WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed or used by others without the owner's knowledge or permission, decreasing the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally;
WHEREAS, the International Association of Chiefs of Police and the American Academy of Pediatrics recommend the safe storage of firearms;
WHEREAS, both gun control and gun rights activists, including the National Rifle Association, endorse the use of locking devices when storing firearms to ensure that unauthorized and untrained persons cannot access firearms to inflict injury or cause death;
121
WHEREAS, requiring stored, unsupervised firearms to be secured with gun locks or in a locked container does not substantially burden the right or ability to use firearms for selfdefense in the home; WHEREAS, the proposed locking requirements apply to firearms that are not being legally carried. Legal firearm owners and adults over 18 may still carry loaded and unlocked firearms in their home at any time consistent with applicable law. The safe storage requirements also permit legal owners to store their firearms fully loaded consistent with applicable law if they wish;
WHEREAS, firearm security does not preclude quick access. Portable lockboxes with simplex or biometric locks can store loaded handguns such that they are always within easy reach on counters, tables, or nightstands. Such safely stored handguns may be more quickly and easily retrieved for use in self-defense than unlocked handguns hidden away in seldom-used or remote locations; and,
WHEREAS, the City Council finds that requiring safe storage of firearms would constitute a sensible safety regulation and would not be unduly burdensome for firearm owners.

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

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Adoption. City Municipal Code Title 8, Chapter 8.19 is hereby adopted as set forth below. Accordingly, the Table of Contents for the City of American Canyon Municipal Code Title 8 is hereby amended to add reference to Chapter 8.19 “Safe Firearm Storage.” Chapter 8.19, 8.19.010, 8.19.020 and 8.19.030 Safe Firearm Storage are hereby added to the American Canyon Municipal Code, to read as follows:

Chapter 8.19.010 Storage of Firearms in a Residence
Except when carried on his or her person, or otherwise in his or immediate control and possession, no person shall keep a firearm (as defined in California Penal Code section 16520, as it may be amended from time to time) in any residence in American Canyon owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as it may be amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice's roster of firearm safety devices (as defined in California Penal Code sections 16540 & 23635, as may be amended from time to time).
122
Chapter 8.19.020 Violations
The violation of this Chapter shall constitute an infraction. This Chapter may be enforced as described in Title 1 of this Code.

Chapter 8.19.030 Exceptions and Other Laws
The requirements of section 8.19.010 do not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

This Chapter does not apply when a firearm is carried on the person of. or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et seq, as may be amended from time to time).

It is not the intention of this Chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

SECTION 3. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3),which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment. the project is not subject to CEQA. This Ordinance sets requirements for safe storage of firearms in residential locations, and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.

SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void. that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 5. Publication; Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
123

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

The foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of American Canyon, State of California, held on the 16th day of May, 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 The foregoing Ordinance was adopted at a Regular Meeting of the City Council of the City of American Canyon, State of California, held on the ____ day of _________, 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 124

CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

PUBLIC HEARING
ITEM NUMBER: 20.

TITLE
106 Wilson Way - Second Special Assessment Lien

RECOMMENDATION
Adopt a Resolu+on of the City Council of the City of American Canyon confirming the second report of proceedings and accoun+ng for the costs incurred in aba+ng the public nuisance located at 106 Wilson Way and notice of ordering the imposition of a second special assessment lien.

CONTACT
William D. Ross, City Attorney

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

In October 2021 and February 2022 the Property, by and through Property Owner’s insurance carrier, was par+ally abated by a private contractor. Since February 2022 health and nuisance viola+ons con+nued and worsened on the Property. Due to the con+nuing and progressively more severe viola+ons, on July 28, 2022 the City ADorney filed an Ex-Parte Applica+on for Inspec+on Warrant and Abatement Order with the Napa County Superior Court. Finding cause to issue, the Court granted and issued the Inspec+on Warrant and Abatement Order on July 29, 2022. City Staff began the process of inspec+ng the property and preparing to abate the public nuisance on the Property. An independent contractor was hired to perform the hazardous abatement of both the property and the abandoned, wrecked, or inoperable vehicles. Due to the extent of the public nuisance the work was not completed until September 27, 2022.

Chapter 9.04 et seq. and 10.36 et seq. of the American Canyon Municipal Code outlines the process for City-led abatement of property and vehicles. The Code requires an itemized report by the City Manager to be filed with the City Council. Following the filing of the report and confirma+on by Council, the City Clerk will deliver the Resolu+ons by cer+fied mail to the Napa County Recorder’s 125
Office to establish special assessment liens for the cost of the abatement. The total cost of aba+ng both the property and the vehicles through September 30, 2022, was $181,016.50.

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

On December 20, 2022, the City Council adopted Resolu+on 2022 - R111 which confirmed the Report of Proceedings and Accoun+ng for costs incurred in aba+ng the public nuisance at 106 Wilson Way through September 30, 2022.

Since September 30, 2022, there has been ongoing li+ga+on en+tled City of American Canyon v.

Leon Dale Schmidt, Napa County Superior Court case number 22CV001041 regarding the public nuisance. Further, Property Owner has started reaccumula+ng items on his property, living out a vehicle parked on the property, and urina+ng on the property (ADachment 5), all of which cons+tute con+nued public nuisances that have been the subject of issued code enforcement violations by City Staff and will need further abatement action.

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

The Resolu+on accounts for costs incurred by the City through April 30, 2023. Addi+onal costs will be presented to the City Council for considera+on at future City Council mee+ngs. The City Manager’s Report contains an itemized accoun+ng of expenses incurred through April 30, 2023 (ADachment 2). The invoices reflec+ng the line items for the expenses incurred are aDached as Attachments 3-4.

Due to the reaccumula+on of waste and debris (ADachment 5), it is an+cipated that future Public Hearings will be necessary regarding ongoing costs of aba+ng the Property as subsequent No+ces of violation have already been issued (Attachment 6).

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

FISCAL IMPACT
The City has been billed for expenses incurred for this abatement. Previous bills include clean up fees, City ADorney fees, and staff +me costs through September 30, 2022. Current bills include City ADorney fees and staff +me costs through April 30, 2022. If the second special assessment lien is confirmed by Council, the amount of $26,891.04 can be a second lien against the Property and eventually recovered and remiDed to the City General Fund. The Special Assessment Lien Resolution passed on December 20, 2022 was in the amount of $181,016.50. 126

ENVIRONMENTAL REVIEW
Not a Project under CEQA Guidelines Section 15378.

ATTACHMENTS:

1. Resolution 106 Wilson Way

2. Itemized Accounting for Public Nuisance Abatement 5.16.23

3. LOWDR Invoices - 106 Wilson Way

4. Personnel Costs

5. Reaccumulation Photos

6. Citations Issued
127
RESOLUTION NO. 2023-

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

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

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

WHEREAS, the City has obtained a default judgement in litigation entitled City of American Canyon v. Leon Dale Schmidt, Napa County Superior Court case number 22CV001041 regarding the continued public nuisance and need for abatement of the Property;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the following:

SECTION 1. Approves the reports of Proceedings and Accounting of the cost in the total amount of $26,891.04.

SECTION 2. That a second special assessment lien in the amount of $26,891.04 is hereby imposed upon the Property described herein.

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

SECTION 4. That the County Recorder is respectfully requested to record the notice of second special assessment lien in the amount of $26,891.04 against 106 Wilson Way.

SECTION 5. That after recordation, the City Clerk shall cause a certified copy of the City Council’s decision confirming the abatement costs to be filed with the Napa County auditor-controller. The auditorcontroller is respectfully requested to add $26,891.04 to the next regular tax bill levied against for 106 Wilson Way on the County Tax Roll opposite the parcel of land referred to, and that thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes.

128
2 PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 16th day of May, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVE AS TO FORM:

____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 129

PROCEEDINGS AND ACCOUNTING SECOND REPORT

PUBLIC NUISANCE PROPERTY ABATEMENT
I. LOCATION/LEGAL:

Assessor’s Parcel Number: 058-370-002
Address: 106 Wilson Way

II. OWNER OF RECORD: Lee Schmidt
III. PROCEDURE:
a. Notice of Violation:
b. Non-Compliance:
c. Notice of Violation:
d. Non-Compliance:
e. Notice of Violation:
f. Non-Compliance:
g. Ex-Parte Application filed:
h. Inspection Warrant/Abatement Order Issued:
i. Ex-Parte Renewal Application filed:
j. Inspection Warrant/Abatement Order Issued:
k. Ex-Parte Extension Application filed:
l. Inspection Warrant/Abatement Order Issued:
m. City of American Canyon v. Leon Dale Schmidt, case
number 22CV001041 filed:
n. Ex-Parte Extension Application filed:
o. Inspection Warrant/Abatement Order Issued:
p. CVE Abatement Work Completion:
q. Notice of Administrative Citation Issued
r. Request for Default Judgment filed:
s. Notice of Administrative Citation Issued
t. Request for Court-Ordered Default Judgment filed:
u. Court-Ordered Default Judgement Granted
v. Notice of Entry of Judgment filed
7/1/2021
7/22/2021
9/21/2021
10/5/2021
2/2/2022
2/7/2022
7/28/2022
7/29/2022
8/15/2022
8/17/2022
9/1/2022
9/2/2022
9/9/2022
9/16/2022
9/16/2022
9/27/2022
3/14/2023
3/16/2023
3/22/20234/14/2023
4/24/2023
4/25/2023

IV. ACCOUNTING (from October 1, 2022 through April 30, 2023):

Attorneys Fees $2,067.11 (October)
$6,749.00 (November)
$812.50 (December)
$152.50 (January)
$2,947.00 (February)
$4,814.75 (March)
130

PROCEEDINGS AND ACCOUNTING SECOND REPORT

PUBLIC NUISANCE ABATEMENT

707.647.4360  4381 Broadway Street, Suite 201  American Canyon, CA 94503  www.cityofamericancanyon.org
William D. Ross, City Attorney
$8,548.25 (April)
Personnel Costs $799.93 (Tiffany Ford)
Total $26,891.04
131
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 10763
Date: 11/16/2022
Invoice Number Total
10763 $2,067.11
Subtotal $2,067.11
Tax $0.00
Amount Due $0.00

ATTACHMENT 3
132
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 10817
Date: 12/12/2022
Invoice Number Total
10817 $6,749.00
Subtotal $6,749.00
Tax $0.00
Amount Due $0.00

ATTACHMENT 3
133
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 10866
Date: 01/10/2023
Invoice Number Total
10866 $812.50
Subtotal $812.50
Tax $0.00
Amount Due $0.00

ATTACHMENT 3
134
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 10915
Date: 02/08/2023
Invoice Number Total
10915 $152.50
Subtotal $152.50
Tax $0.00
Amount Due $152.50

ATTACHMENT 3
135
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 10967
Date: 03/15/2023
Invoice Number Total
10967 $2,947.00
Subtotal $2,947.00
Tax $0.00
Amount Due $0.00

ATTACHMENT 3
136
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 11030
Date: 04/13/2023
Invoice Number Total
11030 $4,814.75
Subtotal $4,814.75
Tax $0.00
Amount Due $4,814.75

ATTACHMENT 3
137
Law Offices of William D. Ross
400 Lambert Avenue
Palo Alto, CA 94306
Phone: (650) 843-8080
Fax: (650) 843-8093
lawross.com
Invoice To:

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

INVOICE
Invoice # 11041
Date: 05/04/2023
Invoice Number Total
11041 $8,548.25
Subtotal $8,548.25
Tax $0.00
Amount Due $8,548.25

ATTACHMENT 3
138
From: Tiffany Ford <[email protected]>
Sent: Wednesday, May 3, 2023 3:18 PM
To: Christina Bellardo
Cc: Kypros Hostetter
Subject: RE: 106 Wilson Way; Staff Time; October 1, 2022 - April 30, 2023 Good afternoon Christina,
I have calculated that I’ve spent approximately 375 minutes on enforcement for 106 Wilson Way between 10/1/2022 and 4/30/2023. My fully burdened hourly rate is $127.99 for code enforcement. Here’s how I did the math:
375 minutes divided by 60 = 6.25 hours x $127.99 = $799.93 or approximately $800.00 Please let me know if you need anything else.

Kind regards,
Tiffany Ford
Code Enforcement Officer, Community Development Department City of American Canyon | 4381 Broadway Street, Suite 201 | American Canyon, CA 94503 (707)647-4599 | [email protected]
ATTACHMENT 4
139
ATTACHMENT 5
140
ATTACHMENT 5
141
ATTACHMENT 5
142
ATTACHMENT 5
143
ATTACHMENT 5
144

NOTICE OF ADMINISTRATIVE CITATION
Citation No. CE2303-004

CITY OF AMERICAN CANYON
[ ] COMMUNITY DEVELOPMENT DEPARTMENT [ ] POLICE DEPARTMENT [X] CODE ENFORCEMENT DIVISION 911 Donaldson Way East
4381 Broadway, Suite 201 American Canyon, CA 94503
American Canyon, CA 94503 (707) 551-0600
(707) 647-4599
Citation/Correction Date: Mar. 14, 2022 Time: 2:30 PM
An inspection of the premises located at 106 WILSON WAY in the City of American Canyon, revealed a violation(s) of the American Canyon Municipal Code.

Name of owner or business: LEE SCHMIDT
Address if different than
violation:
[ ] 1ST CITATION $100.00…….IS NOW DUE AND PAYABLE
[X] THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND

PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.
[X] 2ND CITATION $200.00……IS NOW DUE AND PAYABLE
[ ] 4th CITATION $500.00……IS NOW DUE AND PAYABLE

THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON 8/20/2020 , AND YOU HAVE NOT CORRECTED OR RESOLVED THE
VIOLATION(S).

AMERICAN CANYON DESCRIPTION OF VIOLATION(S):

CODE SECTION(S):

9.04.040(A)(2) Accumulation of rubbish and trash

9.04.040(A)(3)a Inoperable vehicles

10.36.040(E) Vehicle used for storage/ as living quarters IPMC 302.1 Sanitation
IPMC 308.1 Rubbish/Trash accumulation
H&S 17920.3 (c) Any Nuisance
H&S 17920.3 (j) Health & Safety hazard on premises

CORRECTION(S) REQUIRED: Remove all debris, rubbish, and trash from the property. Remove inoperable vehicles from being stored in public view or provide proof of current registration and demonstrate operability. Refrain from storing trash and debris inside the vehicles. Refrain from the using the Coachmen RV or other vehicles on the property as living quarters. Met compliance by 3/21/2023.

SERVED VIA CERTIFIED AND US MAIL
RECEIPT ACKNOWLEDGED BY DATE 3/14/2023
SIGNATURE OF OFFICER PRINT NAME OF OFFICER ID#
Tiffany Ford Tiffany Ford CEO
VIOLATION(S) CLEARED AS OF (DATE INSPECTED).

ATTACHMENT 6
145
IMPORTANT – READ CAREFULLY

THE LAW REQUIRES
City of American Canyon Administrative Citation Program American Canyon Municipal Code Chapter 9.12 provides for the issuance of Administrative Citations for Municipal and Zoning Code violations, failure to comply with conditions to an entitlement such as a Use Permit or Design Permit, and applicable State Codes. There are three levels of citations that can be issued progressively for a violation. The fines, as indicated on the front of the citation, are $100.00 for the First Citation, $200.00 for the Second Citation and $500.00 for the Third and subsequent Citations for violations of the same Ordinance, entitlement, or State Code within one year. These fines are cumulative and citations may be issued each day the violation exists. A warning, if issued, does not incur a fine and, therefore, may not be appealed.

Rights of Appeal
You have the right to appeal this Administrative Citation within fifteen (15) days from the citation/correction date together with an advanced deposit of the fine along with a Request for Hearing form. An appeal must be in writing to the address on the front of this citation and to the attention of “Administrative Citation Hearing Officer.” A properly filed appeal will result in an administrative hearing.

Failure of any person to properly file a written appeal within fifteen (15) CONSECUTIVE days from the citation/correction date shall constitute a waiver of his or her right to an administrative hearing and adjudication of the Administrative Citation or any portion thereof and the total amount of the fine.

How to Pay Fine
The amount of the fine is indicated on the front of this Administrative Citation. Prior to receiving an invoice from the Finance Department, you may pay by mail or in person at 4381 Broadway, Finance Department, American Canyon City Hall. Payment should be made by personal check, cashier’s check, or money order, payable to the City of American Canyon. Please write the citation or account number on your check or money order.

If the citation is not paid or appealed within the statutory time, you will receive an invoice from the City’s Finance Department. Please follow the instructions on the invoice to ensure proper processing of your payment. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of American Canyon.

Consequence of Failure to Pay the Fines
The failure of any person to pay the fine assessed by the Administrative Citation within the time specified on the Citation or on the invoice from the Finance Department may result in a claim with the Small Claims Court or any legal remedy available to collect such money. The City has the authority to collect all costs associated with the filing of such actions. Failure to pay fine requirements may be found in American Canyon Municipal Code Section 9.12.110.

Consequence of Failure to Correct Violations
There are numerous enforcement options that can be used to encourage the correction of violations.

These options include, but are not limited to: civil penalties, abatement, criminal prosecution, civil litigation, recording the violation with the County Recorder and forfeiture of certain State tax benefits for substandard residential rental property. These options can empower the City to collect fines up to $100,000, to demolish structures or make necessary repairs at the owner’s expense, and to incarcerate violators. Any of these options or others may be used if the administrative citations do not achieve compliance.

If you need further clarification about payment of the citation, please call (707) 647-4360 for the Finance Department.

If you need further information about the violations and/or how to comply, please call the Enforcement Officer that signed the Administrative Citation.

A full description of the hearing process for the City’s Administrative Hearings for Municipal Code violations, failure to comply with conditions to an entitlement, or applicable State Codes and your rights in that process are found in American Canyon Municipal Code Sections 9.12.090 and 9.12.110.

REVISED: February 9, 2011
ATTACHMENT 6
146

NOTICE OF ADMINISTRATIVE CITATION
Citation No. CE2303-005

CITY OF AMERICAN CANYON
[ ] COMMUNITY DEVELOPMENT DEPARTMENT [ ] POLICE DEPARTMENT [X] CODE ENFORCEMENT DIVISION 911 Donaldson Way East
4381 Broadway, Suite 201 American Canyon, CA 94503
American Canyon, CA 94503 (707) 551-0600
(707) 647-4599
Citation/Correction Date: Mar. 22, 2022 Time: 10:30 PM
An inspection of the premises located at 106 WILSON WAY in the City of American Canyon, revealed a violation(s) of the American Canyon Municipal Code.

Name of owner or business: LEE SCHMIDT
Address if different than
violation:
[ ] 1ST CITATION $100.00…….IS NOW DUE AND PAYABLE
[X] THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND

PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.
[X] 2ND CITATION $200.00……IS NOW DUE AND PAYABLE
[ ] 3rd CITATION $500.00……IS NOW DUE AND PAYABLE

THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON 8/20/2020 , AND YOU HAVE NOT CORRECTED OR RESOLVED THE
VIOLATION(S).

AMERICAN CANYON DESCRIPTION OF VIOLATION(S):

CODE SECTION(S):

9.04.040(A)(2) Accumulation of rubbish and trash

9.04.040(A)(3)a Inoperable vehicles

10.36.040(E) Vehicle used for storage/ as living quarters IPMC 302.1 Sanitation
IPMC 308.1 Rubbish/Trash accumulation
H&S 17920.3 (c) Any Nuisance
H&S 17920.3 (j) Health & Safety hazard on premises

CORRECTION(S) REQUIRED: Remove all debris, rubbish, and trash from the property. Remove inoperable vehicles from being stored in public view or provide proof of current registration and demonstrate operability. Refrain from storing trash and debris inside the vehicles. Refrain from the using the Coachmen RV or other vehicles on the property as living quarters. Met compliance by 4/1/2023.

SERVED VIA CERTIFIED AND US MAIL
RECEIPT ACKNOWLEDGED BY DATE 3/22/2023
SIGNATURE OF OFFICER PRINT NAME OF OFFICER ID#
Tiffany Ford Tiffany Ford CEO
VIOLATION(S) CLEARED AS OF (DATE INSPECTED).

ATTACHMENT 6
147
IMPORTANT – READ CAREFULLY

THE LAW REQUIRES
City of American Canyon Administrative Citation Program American Canyon Municipal Code Chapter 9.12 provides for the issuance of Administrative Citations for Municipal and Zoning Code violations, failure to comply with conditions to an entitlement such as a Use Permit or Design Permit, and applicable State Codes. There are three levels of citations that can be issued progressively for a violation. The fines, as indicated on the front of the citation, are $100.00 for the First Citation, $200.00 for the Second Citation and $500.00 for the Third and subsequent Citations for violations of the same Ordinance, entitlement, or State Code within one year. These fines are cumulative and citations may be issued each day the violation exists. A warning, if issued, does not incur a fine and, therefore, may not be appealed.

Rights of Appeal
You have the right to appeal this Administrative Citation within fifteen (15) days from the citation/correction date together with an advanced deposit of the fine along with a Request for Hearing form. An appeal must be in writing to the address on the front of this citation and to the attention of “Administrative Citation Hearing Officer.” A properly filed appeal will result in an administrative hearing.

Failure of any person to properly file a written appeal within fifteen (15) CONSECUTIVE days from the citation/correction date shall constitute a waiver of his or her right to an administrative hearing and adjudication of the Administrative Citation or any portion thereof and the total amount of the fine.

How to Pay Fine
The amount of the fine is indicated on the front of this Administrative Citation. Prior to receiving an invoice from the Finance Department, you may pay by mail or in person at 4381 Broadway, Finance Department, American Canyon City Hall. Payment should be made by personal check, cashier’s check, or money order, payable to the City of American Canyon. Please write the citation or account number on your check or money order.

If the citation is not paid or appealed within the statutory time, you will receive an invoice from the City’s Finance Department. Please follow the instructions on the invoice to ensure proper processing of your payment. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of American Canyon.

Consequence of Failure to Pay the Fines
The failure of any person to pay the fine assessed by the Administrative Citation within the time specified on the Citation or on the invoice from the Finance Department may result in a claim with the Small Claims Court or any legal remedy available to collect such money. The City has the authority to collect all costs associated with the filing of such actions. Failure to pay fine requirements may be found in American Canyon Municipal Code Section 9.12.110.

Consequence of Failure to Correct Violations
There are numerous enforcement options that can be used to encourage the correction of violations.

These options include, but are not limited to: civil penalties, abatement, criminal prosecution, civil litigation, recording the violation with the County Recorder and forfeiture of certain State tax benefits for substandard residential rental property. These options can empower the City to collect fines up to $100,000, to demolish structures or make necessary repairs at the owner’s expense, and to incarcerate violators. Any of these options or others may be used if the administrative citations do not achieve compliance.

If you need further clarification about payment of the citation, please call (707) 647-4360 for the Finance Department.

If you need further information about the violations and/or how to comply, please call the Enforcement Officer that signed the Administrative Citation.

A full description of the hearing process for the City’s Administrative Hearings for Municipal Code violations, failure to comply with conditions to an entitlement, or applicable State Codes and your rights in that process are found in American Canyon Municipal Code Sections 9.12.090 and 9.12.110.

REVISED: February 9, 2011
ATTACHMENT 6
148

CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

BUSINESS
ITEM NUMBER: 21.

TITLE
Review Proposed Fiscal Year 2023-24 Budget

RECOMMENDATION
Review Proposed Fiscal Year 2023-24 Budget

BACKGROUND & ANALYSIS
The Fiscal Year 2023-24 budget process kicked off in February and finance staff has been ac2vely developing the budget in collabora2on with city departments, the Assistant City Manager and the City Manager. This new budget includes significant changes to the fund balance structure. Staff presented at the City Council Budget Workshop on March 24, 2023, the exis2ng fund balances in the General Fund and recommended the crea2on of new renova2on and replacement funds to systema2cally set money aside for small to medium sized projects, and replacement of city assets.

These new renova2on and replacement funds will allow the city to build up reserves to replace aging infrastructure, including park assets, civic facili2es and streets. Staff also recommended the crea2on of a pension stabiliza2on fund to assist the city in smoothing out any poten2al large spikes in pension annual required contributions.

The March 24th Workshop focused primarily on fund balances, specifically the undesignated reserve, economic development reserve and the general fund capital projects reserve. A new way of budge2ng was introduced to City Council, whereby the elimina2on of the economic development and capital improvement reserve was recommended and the establishment of renova2on and replacement funds, as well as a pension stabiliza2on fund. Future contribu2ons to these new funds will be incorporated in future budgets. This new budget will include transfers out of general fund reserves in the amount of $5,037,000 to ini2ally fund these new internal service funds and complete several parks projects which were also discussed at that mee2ng. This report today provides the Finance Subcommi>ee with a summary of all City Funds – and an update to the newly incorporated projec2ons for the General Fund. The City's overall Budget is comprised ofGovernmental Funds such as General Fund, Special Revenue Funds, Capital Projects Funds, and Debt Service Funds; Enterprise Fundssuch as Water Enterprise Fund, Wastewater Enterprise Fund, and Recycled Water Enterprise Fund; and Internal Service Funds, such as Building Maintenance, Fleet, Informa2on Technology, Legal Services and the newly proposed Renova2on and Replacement Funds as well as a Pension Stabilization Fund.
149
The "Proposed Budget" will be presented to City Council on May 16th and the "Final Budget" will be brought forth to Council on June 6th for adop2on. The General Fund proposed budget has an opera2onal surplus of $388,535, however when we take into account the proposed transfers out to the newly created funds discussed above, the net General Fund fund balance will decrease by $4,648,465. Although presenta2on wise the budget will show a deficit due to transfers out, this is a one-2me ouElow par2ally offset using one-2me revenues from last fiscal year and restructuring fund balances.

The Fiscal Year 2023-24 Budget appropriations for all funds is approximately $116.7M (an increase of 53% or approximately $40.5M from the Fiscal Year 2022-23 Adopted Budget), with General Fund appropria2ons of approximately $33.6M (an increase of 26.5% or approximately $6.8M).

Attachment 1 shows the overall budget categories at their aggregate levels.

General Fund
General Fund Revenues total approximately $29.0M. Property taxes are expected to increase 4.4% due to the strong real estate market in 2022, sales in calendar year 2022 are placed on the January 2023 tax roll and reflected in FY 2023-24 revenues. Sales tax revenues are es2mated to con2nue to grow by at $130k in FY2023-24, excluding one-2me revenues received in FY2022-23. The City received a favorable State of California sales tax audit determina2on in FY2022-23, in which a business within the city limits was considered the point of sale and therefore sales tax dollars were allocated to the City. Transient Occupancy Taxes (TOT) from the 3 exis2ng hotels are expected to remain strong in the coming fiscal year (approximately $1.9M). Addi2onal hotels (Home to Suites, Hampton Inn, and Watson Ranch Hotel) including one currently under construc2on and two planned for comple2on in the coming years are expected to double our TOT revenues. Home to Suites is scheduled to be completed by January 2024 and is included in projected revenues for FY2023-24.

We are expec2ng other taxes such Franchise Fees ($1.1m) to con2nue modestly in the coming years as the city con2nues to grow. Most of these es2mates are based on consultant analysis of economic performance. The remainder of the revenues are budgeted conserva2vely and will be reassessed as more informa2on becomes available. If no updates are obtained before the Final Budget is presented to Council for adop2on in June, we will reassess trends during the midyear budget amendment process.

General Fund Expenditures total approximately $33.6M. Expenditures include cost of living adjustments for employee salaries, projected step increases for eligible employees, and increased costs for Other Post Employment Benefits. CalPERS re2rement costs decreased as a result of favorable pension system investment returns in FY2021 resul2ng in a lower Unfunded Actuarial Liability payment, however based on the pension system's FY2022 nega2ve returns, we will see an increase to our re2rement costs beginning in FY2024-25. Non-personnel expenditures include adding a Sergeant in January 2024 for the Sheriff Contract for Police Services, contribu2ons to the Internal Service Fund budgets for Fleet and Informa2on Technology, increased insurance and contractual services costs, and finally transfers out to the newly created renova2on and replacement funds as well as a pension stabilization fund in the amount of $5,037,000. 150
The proposed budget includes decreasing the General Fund Reserve by the $5,037,000 transfers.

The Capital Projects Reserve and the Economic Development Reserve will be eliminated which previously had fund balances of $1,300,000 and $1,000,000 respec2vely. The new proposed General Fund fund balance will meet the city's policy of seLng aside 25% of previous years expenditures in the General Fund con2ngency, projected at $6,636,491. The remaining fund balance will be comprised of $1,529,909 in restricted fund balance, and $2,077,032 in undesignated reserve.

FY 2023-24 Capital Improvement Program
The current funding for ongoing projects is primarily from restricted Governmental Funds sources, as well as Enterprise Funds, where appropriate. The current year CIP expenses are $31M, major projects include $9.5M for Green Island Rd Reconstruc2on/U2lity Undergrounding and $3.3M for Recycled Water Expansion/Fill Sta2ons. City Council appropriated $4.7M of the $4.9M of American Rescue Plan Act (ARPA) funding that will also be combined with other sources to provide previously approved improvements.

Water Enterprise Fund
Water Fund proposed revenue is $20.6M. Water Fund proposed expenditure is $15.9M. The larger than normal revenues are a result of ac2ve development in the city and large capacity fee revenues, this funding will be u2lized as the water system is expanded. A rate study is currently underway to iden2fy future needs and resources, which will be brought to Council for considera2on later this year.

Wastewater Enterprise Fund
Wastewater Fund proposed revenue is $11.1M. Wastewater Fund proposed expenditure is $10.7M.

Like the water fund, larger than normal capacity fee revenues are expected to be collected in FY 2023-24. Again, a rate study is currently underway to iden2fy future needs and resources, which will be brought to Council for consideration.

Recycled Water Enterprise Fund
This was a newly created fund as of FY 2020-21 and is now reported as a separate enterprise fund in our financial statements. Recycled Water is a key aspect of our water supply system – and as such – it was appropriate to create a separate enterprise fund separate from the Water and Wastewater Enterprise Funds. The proposed fund revenue totals $3.6M and proposed expenditures total $4.6M.

FY 2023-24 is the first year that employees will be par2ally allocated to this fund which is reflected in the opera2onal costs for the fund. Rate studies have not been completed for Recycled Water to date and it is included in the rate study that is currently underway to iden2fy future needs and resources, which will be brought to Council for consideration.

Internal Services Funds (ISF)
The City has historically maintained four internal service funds to support city services: Building 151
Maintenance, Fleet, Informa2on Technology, and Legal Services; this proposed budget will create several new Renovation and Replacement Funds as well as a new Pension Stabilization Fund bringing the total internal service funds to nine. The goal of any ISF is to breakeven over 2me, fund Balances are allowable if there is a plan to use those resources to fulfill the objec2ve of the fund, such as Informa2on Technology infrastructure, fleet replacements or other asset replacements such as playground equipment, streets, or civic facili2es. Total ISF expenditures for FY 2023-24 are budgeted to increase by $1.7M to $4.5M. This large increase is a result of newly created parks renova2on and replacement fund incurring expenses for shade structures, a park restroom and irriga2on controller upgrades at city owned parks, totaling $737k and adding funding to the legal services ISF to eliminate the negative fund balance.

Debt Service
The City maintains total debt of $11.1M (June 30, 2022) – with annual debt service payments of $1.3M in FY 2022-23 and $0.9M in FY 2023-24 across a number of funding sources, excluding nonfinanced long-term liabili2es such as compensated absences, claims and judgments, net pension liability, and other post-employment benefits.

Looking towards the Future
Projected growth in American Canyon will increase our property tax base, which accounts for over half of the City’s discre2onary income. New residen2al, industrial and commercial development will also likely increase sales tax revenues to help pay for City services as more residents shop and dine in town and more businesses open up. There are also 3 proposed new hotels, with one currently under construc2on that would supplement TOT revenues and a new fast casual restaurant, which is expected to open in spring 2024.

The City has recovered from the pandemic lows and with new developments underway the city has a mix of healthy future revenue growth projec2ons. Our projec2ons for Fiscal Year 2023-24 con2nue to evolve with con2nued infla2onary pressures that are par2ally an impact of the COVID-19 Pandemic response and the economic uncertainty. The Federal Reserve has raised target overnight rates from 0.25% to 5.00% in the last year, with one more increase forecast in 2023. Along with increased fuel costs and food costs, overall borrowing is becoming more expensive reducing the disposable income for households and increasing borrowing costs for all.

Currently, the Proposed Budget con2nues to bring back many services to pre-pandemic levels. Staff con2nues to refine the 10-Year Budget Forecast, which will be incorporated into the Final June Budget. ThereaQer staff will con2nue to develop a more dynamic and robust Long-Term Financial Forecast (LTFF).

Next Steps
Staff will provide the City Council with a Recommended Fiscal Year 2023-24 Budget as well as the 2024-2028 Capital Improvement Program Budget for adoption on June 6, 2023. 152
ATTACHMENTS:

Summary of General Fund Revenues, Expenditures, and Fund Balances FY2023-24 153
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Midyear
Budget
2023‐24 Budget
(Proposed)
PROPERTY TAX 9,778,187.00 10,552,090.00 11,140,203.00 11,348,827.00 12,194,040.00 12,721,093.00 13,281,568.00 SALES TAX 2,800,575.00 2,710,944.00 2,463,610.00 2,848,230.00 3,095,329.00 5,890,000.00 4,520,000.00 TRANSIENT OCCUPANCY TAX 1,593,331.00 1,548,920.00 1,140,969.00 885,394.00 1,643,934.00 1,560,000.00 1,904,000.00 OTHER TAXES 657,300.00 688,897.00 382,440.00 319,570.00 561,532.00 600,450.00 622,600.00 TOTAL TAX REVENUES 14,829,393.00 15,500,851.00 15,127,222.00 15,402,021.00 17,494,835.00 20,771,543.00 20,328,168.00 FRANCHISE FEES 738,064.00 750,990.00 784,698.00 814,696.00 839,555.00 969,700.00 1,133,520.00 LICENSES AND PERMITS 565,919.00 218,405.00 308,107.00 362,504.00 505,802.00 893,947.00 887,400.00 FINES, FORFEITURES, AND PENALTIES 79,428.00 139,272.00 60,068.00 70,242.00 102,326.00 83,130.00 108,500.00 INTERGOVERNMENTAL 60,934.00 290,984.00 61,093.00 82,743.00 61,789.00 58,723.00 58,100.00 CHARGES FOR SERVICES 2,162,656.00 1,825,774.00 944,836.00 1,164,863.00 1,651,732.00 1,679,501.00 1,923,986.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 210,046.00 987,814.00 1,070,610.00 92,279.00 (831,019.00) 471,534.00 445,563.00 MISCELLANEOUS 548,623.00 715,515.00 480,117.00 371,170.00 515,850.00 567,864.00 504,536.00 TOTAL OPERATING REVENUES 4,365,670.00 4,928,754.00 3,709,529.00 2,958,497.00 2,846,035.00 4,724,399.00 5,061,605.00 TRANSFERS IN ‐ INTERFUND FOR SUPPORT SERVICES 1,183,700.00 1,313,800.00 1,385,500.00 1,486,362.00 1,529,924.00 1,899,153.00 2,386,393.00 TRANSFERS IN ‐ GASOLINE TAX 300,000.00 300,000.00 300,000.00 300,000.00 300,000.00 300,000.00 300,000.00 TRANSFERS IN ‐ CAPITAL PROJECTS 161,102.00 520,292.00 371,030.00 416,398.00              ‐ 163,491.00 TRANSFERS IN ‐ OTHER 51,217.00 300,800.00 183,654.00 429,752.00 440,326.00 1,156,212.00 878,250.00 TOTAL TRANSFERS IN 1,696,019.00 2,434,892.00 2,240,184.00 2,632,512.00 2,433,741.00 3,355,365.00 3,564,643.00 TOTAL REVENUES 20,891,082.00 22,864,497.00 21,076,935.00 20,993,030.00 22,774,611.00 28,851,307.00 28,954,416.00 EXPENDITURESSALARIES 4,852,526.00 4,680,995.00 5,090,516.00 4,392,433.00 4,975,258.00 5,869,249.00 6,279,168.00 BENEFITS 1,152,180.00 1,231,393.00 1,204,813.00 1,292,298.00 1,284,293.00 1,410,873.00 1,596,556.00 RETIREMENT (CalPERS) 610,070.00 659,567.00 731,134.00 730,520.00 851,515.00 969,745.00 875,886.00 RETIREE MEDICAL (OPEB) 413,918.00 312,405.00 287,655.00 476,347.00 519,659.00 515,781.00 526,342.00 TOTAL PERSONNEL 7,028,694.00 6,884,360.00 7,314,118.00 6,891,598.00 7,630,725.00 8,765,648.00 9,277,952.00 SUPPLIES AND SERVICES 5,211,845.00 5,578,997.00 4,620,694.00 3,658,525.00 5,243,955.00 7,893,423.00 7,743,403.00 INTERNAL SERVICE FEES 1,086,200.00 1,230,500.00 363,500.00 1,443,200.00 1,602,995.00 1,443,886.00 2,124,398.00 DEBT SERVICE 896,300.00 792,769.00 473,159.00 54,670.00 135,380.00 133,737.00 505,589.00 SHERIFF CONTRACT 6,029,430.00 6,210,313.00 6,751,165.00 6,778,700.00 7,227,151.00 7,666,071.00 8,502,293.00 UTILITES 445,103.00 441,740.00 492,072.00 469,878.00 425,258.00 613,338.00 488,300.00 CAPITAL OUTLAY 49,043.00 23,712.00 103,432.00 29,107.00 183,764.00 18,000.00 20,000.00 MISCELLANEOUS (65,700.00) (236,059.00) (36,680.00) (45,807.00) (56,549.00) (55,927.00) (96,054.00) TOTAL NON‐PERSONNEL 13,652,221.00 14,041,972.00 12,767,342.00 12,388,273.00 14,761,954.00 17,712,528.00 19,287,929.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 69,274.00 136,057.00              ‐ 524,912.00                             ‐                ‐ 67,790.00TRANSFERS OUT ‐ OTHER                             ‐ ‐ 38,666.00              ‐ 299,646.00                            ‐ 5,037,000.00 * TOTAL TRANSFERS OUT 69,274.00 136,057.00 563,578.00             ‐ 299,646.00 67,790.00 5,037,000.00 TOTAL EXPENDITURES 20,750,189.00 21,062,389.00 20,645,038.00 19,579,517.00 22,392,679.00 26,545,966.00 33,602,881.00 Revenues Less Expenditures 140,893.00 1,802,108.00 431,897.00 1,413,513.00 381,932.00 2,305,341.00 (4,648,465.00) Total Fund Balance 8,557,106.00 10,359,214.00 10,791,111.00 12,204,624.00 12,586,556.00 14,891,897.00 10,243,432.00 * Transfers to newly created Renovation & Replacement Funds and Pension Stabalization Fund Proposed Budget General Fund Revenues and Expenditures
154
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
PROPERTY TAX 583,065.00 581,237.00 637,547.00 668,114.00 665,443.00 670,500.00 640,500.00SALES TAX 361,497.00 9,434,516.00 1,731,038.00 1,218,056.00 1,885,379.00 1,600,000.00 1,760,000.00 TOTAL TAX REVENUES 944,562.00 10,015,753.00 2,368,585.00 1,886,170.00 2,550,822.00 2,270,500.00 2,400,500.00 LICENSES AND PERMITS                             ‐ ‐                             ‐                             ‐                             ‐                            ‐                            ‐ INTERGOVERNMENTAL 1,118,904.00 2,830,048.00 1,744,147.00 4,544,174.00 5,041,915.00 10,534,087.00 1,374,341.00 CHARGES FOR SERVICES                             ‐ ‐ 100,000.00 2,342.00 6,913.00 39,444.00 54,273.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 47,941.00 192,943.00 242,413.00 72,179.00 (79,054.00) 86,649.00 246,532.00 MISCELLANEOUS 78,110.00 37,823.00 12,540.00 494,094.00 37,083.00 3,292,196.00 94,000.00 TOTAL OPERATING REVENUES 1,244,955.00 3,060,814.00 2,099,100.00 5,112,789.00 5,006,857.00 13,952,376.00 1,769,146.00 TRANSFERS IN ‐ OTHER                             ‐ ‐                             ‐              ‐ 232,146.00                            ‐                            ‐ TOTAL REVENUES 2,189,517.00 13,076,567.00 4,467,685.00 7,231,105.00 7,557,679.00 16,222,876.00 4,169,646.00 EXPENDITURESSUPPLIES AND SERVICES 444,825.00 1,081,227.00 480,590.00 455,710.00 733,575.00 1,939,738.00 1,331,093.00 DEBT SERVICE 300,000.00              ‐                             ‐                             ‐                             ‐                            ‐                            ‐UTILITES 184,401.00 116,794.00 102,788.00 115,704.00 97,122.00 196,141.00 152,300.00 TOTAL NON‐PERSONNEL 929,226.00 1,198,021.00 583,378.00 571,414.00 830,697.00 2,135,879.00 1,483,393.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 1,436,296.00 1,268,375.00 1,484,049.00 4,705,952.00 4,109,291.00 7,845,724.00 18,969,684.00 TRANSFERS OUT ‐ OTHER 546,675.00 984,739.00 642,630.00 832,321.00 844,229.00 1,086,212.00 918,250.00 TOTAL TRANSFERS OUT 1,982,971.00 2,253,114.00 2,126,679.00 5,538,273.00 4,953,520.00 8,931,936.00 19,887,934.00 TOTAL EXPENDITURES 2,912,197.00 3,451,135.00 2,710,057.00 6,109,687.00 5,784,217.00 11,067,815.00 21,371,327.00 Revenues Less Expenditures (722,680.00) 9,625,432.00 1,757,628.00 1,121,418.00 1,773,462.00 5,155,061.00 (17,201,681.00) Total Fund Balance 809,820.00 10,435,252.00 12,192,880.00 13,314,298.00 15,087,760.00 20,242,821.00 3,041,140.00 Proposed Budget Special Revenue Funds Revenues and Expenditures 155
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
CHARGES FOR SERVICES 6,019,393.00 681,838.00 2,702,106.00 1,666,282.00 2,108,046.00 6,079,076.00 11,629,914.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 70,202.00 166,629.00 160,035.00 41,200.00 (44,459.00) 42,342.00 124,600.00 MISCELLANEOUS 20,000.00 159,685.00 91,898.00 11,059.00 29,138.00 1,001,354.00 6,000.00 TOTAL OPERATING REVENUES 6,109,595.00 1,008,152.00 2,954,039.00 1,718,541.00 2,092,725.00 7,122,772.00 11,760,514.00 TRANSFERS IN ‐ GASOLINE TAX 1,289.00 142,887.00               ‐ (33,531.00)                             ‐                            ‐                            ‐ TRANSFERS IN ‐ CAPITAL PROJECTS 1,671,899.00 1,538,534.00 2,132,940.00 6,419,788.00 4,537,661.00 10,022,748.00 20,861,961.00 TRANSFERS IN ‐ OTHER 23,477.00 161,419.00              ‐ 542,959.00                            ‐                            ‐ TOTAL TRANSFERS IN 1,696,665.00 1,842,840.00 2,642,368.00 6,419,788.00 4,537,661.00 10,022,748.00 20,861,961.00 TOTAL REVENUES 7,806,260.00 2,850,992.00 5,596,407.00 8,138,329.00 6,630,386.00 17,145,520.00 32,622,475.00 EXPENDITURESSUPPLIES AND SERVICES 307,262.00 119,360.00 1,373,121.00 132,000.00 389,287.00 185,001.00 291,670.00 DEBT SERVICE                             ‐ ‐ 286,977.00 284,024.00           ‐ 2,072,431.00                            ‐ CAPITAL OUTLAY 1,764,275.00 1,837,531.00 2,642,367.00 6,181,988.00 4,681,249.00 9,595,771.71 22,625,640.00 TOTAL NON‐PERSONNEL 2,071,537.00 1,956,891.00 4,302,465.00 6,598,012.00 7,142,967.00 9,780,772.71 22,917,310.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 1,427,384.00 1,075,117.00 633,406.00 487,409.00 25,510.00 1,770,817.00 2,701,498.00 TRANSFERS OUT ‐ OTHER ‐ 212,500.00 162,500.00              ‐ 237,800.00                            ‐                            ‐ TOTAL TRANSFERS OUT 1,427,384.00 1,287,617.00 795,906.00 725,209.00 25,510.00 1,770,817.00 2,701,498.00 TOTAL EXPENDITURES 3,498,921.00 3,244,508.00 5,098,371.00 7,323,221.00 7,168,477.00 11,551,589.71 25,618,808.00 Revenues Less Expenditures 4,307,339.00 (393,516.00) 498,036.00 815,108.00 (538,091.00) 5,593,930.29 7,003,667.00 Total Fund Balance 7,459,166.00 7,065,650.00 7,563,686.00 8,378,794.00 7,840,703.00 13,434,633.29 20,438,300.29 Proposed Budget Capital Projects Funds Revenues and Expenditures 156
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
INVESTMENT EARNINGS (INTEREST AND RENTS) (2,802.00) 3,335.00 (1,128.00)                     ‐ (172.00)                             ‐                             ‐ MISCELLANEOUS                             ‐ ‐                             ‐           ‐ 5,100,924.00                             ‐                             ‐ TOTAL OPERATING REVENUES (2,802.00) 3,335.00 (1,128.00)          ‐ 5,100,752.00                            ‐                            ‐ TRANSFERS IN ‐ INTERFUND FOR SUPPORT SERVICES 896,300.00 792,769.00 760,136.00               ‐ 338,694.00                             ‐                             ‐ TRANSFERS IN ‐ OTHER                             ‐ ‐                             ‐                             ‐ 288,815.00 133,737.00 505,588.00 TOTAL TRANSFERS IN 896,300.00 792,769.00 760,136.00 338,694.00 288,815.00 133,737.00 505,588.00 TOTAL REVENUES 893,498.00 796,104.00 759,008.00 5,439,446.00 288,815.00 133,737.00 505,588.00 EXPENDITURESDEBT SERVICE 896,124.00 825,784.00 760,136.00 4,910,490.00 135,381.00 133,737.00 505,588.00 TRANSFERS OUT ‐ OTHER                             ‐ ‐                             ‐ 463,231.00                 ‐ 64,597.00                             ‐ TOTAL EXPENDITURES 896,124.00 825,784.00 760,136.00 5,373,721.00 199,978.00 133,737.00 505,588.00 Revenues Less Expenditures (2,626.00) (29,680.00) (1,128.00) 65,725.00                ‐ 88,837.00                             ‐ Total Fund Balance 29,680.00                 ‐ (1,128.00) 64,597.00 153,434.00 153,434.00 153,434.00 Proposed Budget Debt Service Funds Revenues and Expenditures 157
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
FINES, FORFEITURES, AND PENALTIES 77,173.00 81,256.00                 ‐ 69,102.00 93,977.00 112,291.00 114,300.00 INTERGOVERNMENTAL 7,766.00                   ‐ 3,676.00                   ‐ 3,636.00                            ‐                            ‐ CHARGES FOR SERVICES 9,157,361.00 7,087,957.00 7,675,161.00 9,404,079.00 9,664,894.00 11,775,343.00 17,897,854.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 165,411.00 326,813.00 311,733.00 1,272,103.00 (314,687.00) 173,130.00 136,378.00 MISCELLANEOUS 259,400.00 210,200.00 198,341.00 604,979.00 240,304.00 371,000.00 359,300.00 TOTAL OPERATING REVENUES 9,667,111.00 7,706,226.00 8,258,013.00 11,284,797.00 9,684,488.00 12,431,764.00 18,507,832.00 TRANSFERS IN ‐ CAPITAL PROJECTS 488,599.00 1,291,469.00 534,237.00           ‐ 5,686,595.00                            ‐                            ‐ INTRA‐FUND TRANSFERS IN                             ‐ ‐                             ‐ 587,591.00 89,641.00 85,675.00 2,127,356.00 TOTAL TRANSFERS IN 488,599.00 1,291,469.00 534,237.00 6,274,186.00 89,641.00 85,675.00 2,127,356.00 TOTAL REVENUES 10,155,710.00 8,997,695.00 8,792,250.00 17,558,983.00 9,774,129.00 12,517,439.00 20,635,188.00 EXPENSESSALARIES 922,056.00 861,510.00 1,017,524.00 922,624.00 995,678.00 1,236,742.00 1,255,112.00 BENEFITS 258,358.00 292,312.00 345,149.00 446,617.00 357,309.00 361,934.00 429,264.00RETIREMENT (CalPERS) 123,929.00 134,315.00 142,735.00 160,516.00 159,730.00 169,637.00 145,299.00 RETIREE MEDICAL (OPEB) 52,905.00 53,911.00 65,897.00 146,654.00 80,835.00 80,882.00 122,517.00 TOTAL PERSONNEL 1,357,248.00 1,342,048.00 1,571,305.00 1,676,411.00 1,593,552.00 1,849,195.00 1,952,192.00 SUPPLIES AND SERVICES 2,617,629.00 2,773,451.00 3,089,647.00 3,094,249.00 4,566,223.00 6,498,920.00 5,634,811.00 INTERNAL SERVICE FEES 261,700.00 191,200.00 97,500.00 178,300.00 363,150.00 464,068.00 830,683.00DEBT SERVICE 421,142.00 431,124.00 427,373.00 275,989.00 438,906.00 178,413.00 191,013.00 UTILITES 123,536.00 139,116.00 135,096.00 175,716.00 73,194.00 98,628.00 85,400.00 CAPITAL OUTLAY 513,762.00 1,291,469.00 539,440.00 586,549.00 30,000.00 76,700.00 2,038,185.00 MISCELLANEOUS 763,214.00 (32,245.00) 684,332.00 805,496.00 1,279,768.00             ‐ (136,135.00) TOTAL NON‐PERSONNEL 4,700,983.00 4,794,115.00 4,973,388.00 5,116,299.00 6,751,241.00 7,180,594.00 8,780,092.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 488,599.00 469,278.00 534,237.00 536,601.00 716,989.00 1,303,900.00 1,763,509.00 TRANSFERS OUT ‐ OTHER 604,300.00 622,156.00 672,993.00 4,504,054.00 823,607.00 1,178,214.00 1,284,203.00INTRA‐FUND TRANSFERS OUT                             ‐ ‐                             ‐ 587,590.00 89,641.00 85,675.00 2,127,356.00 TOTAL TRANSFERS OUT 1,092,899.00 1,091,434.00 1,207,230.00 5,628,245.00 1,630,237.00 2,567,789.00 5,175,068.00 TOTAL EXPENSES 7,151,130.00 7,227,597.00 7,751,923.00 12,420,955.00 9,975,030.00 11,597,578.00 15,907,352.00 Revenues Less Expenses 3,004,580.00 1,770,098.00 1,040,327.00 5,138,028.00 (200,901.00) 919,861.00 4,727,836.00 Total Net Position 32,238,673.00 34,008,771.00 35,049,098.00 40,187,126.00 39,986,225.00 40,906,086.00 45,633,922.00 Proposed Budget Water Enterprises Funds Revenues and Expenditures 158
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
FINES, FORFEITURES, AND PENALTIES 56,000.00 64,802.00                 ‐ 44,943.00 64,931.00 74,350.00 90,000.00INTERGOVERNMENTAL 10,976.00 5,430.00                   ‐ 5,393.00                 ‐ 36,189.00                             ‐ CHARGES FOR SERVICES 5,946,294.00 4,489,068.00 4,546,339.00 5,070,156.00 5,398,272.00 5,728,198.00 8,323,510.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 273,103.00 334,159.00 305,318.00 192,391.00 56,053.00 19,757.00 264,186.00 MISCELLANEOUS 18,767.00 9,249.00 22,878.00 52,451.00 17,936.00 22,500.00 8,593.00 TOTAL OPERATING REVENUES 6,305,140.00 4,902,708.00 4,924,871.00 5,314,998.00 5,573,381.00 5,844,805.00 8,686,289.00 TRANSFERS IN ‐ INTERFUND FOR SUPPORT SERVICES 389,500.00 389,500.00               ‐ 389,444.00                             ‐                             ‐                             ‐ TRANSFERS IN ‐ CAPITAL PROJECTS 1,488,298.00 724,229.00 659.00 57,125.00 64,597.00 480,070.00 250,000.00 TRANSFERS IN ‐ OTHER 334,354.00                 ‐ 81,991.00                             ‐                             ‐                             ‐                             ‐ INTRA‐FUND TRANSFERS IN                             ‐ ‐                             ‐ 3,140,382.00 1,273,515.00 2,015,595.00 2,206,752.00 TOTAL TRANSFERS IN 2,212,152.00 1,195,720.00 390,103.00 3,197,507.00 1,338,112.00 2,495,665.00 2,456,752.00 TOTAL REVENUES 8,517,292.00 6,098,428.00 5,314,974.00 8,512,505.00 6,911,493.00 8,340,470.00 11,143,041.00 EXPENSESSALARIES 1,070,778.00 1,029,837.00 1,085,841.00 1,037,860.00 799,376.00 1,310,008.00 1,298,383.00 BENEFITS 384,409.00 303,780.00 270,735.00 376,555.00 621,676.00 332,914.00 370,692.00 RETIREMENT (CalPERS) 156,471.00 168,410.00 173,543.00 179,676.00 196,820.00 246,674.00 218,895.00 RETIREE MEDICAL (OPEB) 69,996.00 69,641.00 77,958.00 74,459.00 44,764.00 91,089.00 128,160.00 TOTAL PERSONNEL 1,681,654.00 1,571,668.00 1,608,077.00 1,668,550.00 1,662,636.00 1,980,685.00 2,016,130.00 SUPPLIES AND SERVICES 668,322.00 717,351.00 647,897.00 689,418.00 959,145.00 2,068,356.00 1,505,182.00 INTERNAL SERVICE FEES 235,800.00 230,600.00 115,100.00 249,100.00 321,050.00 501,929.00 762,351.00 DEBT SERVICE 1,053,707.00 994,911.00 1,007,461.00 2,258,905.00 1,259,844.00 962,011.00 240,029.00 UTILITES 340,936.00 378,339.00 323,049.00 475,771.00 360,531.00 326,935.00 518,700.00 CAPITAL OUTLAY 1,496,356.00 876,023.00 4,269.00 4,822,678.00 1,617,717.00 3,380,288.00 2,191,678.00 MISCELLANEOUS (494,129.00) (251,812.00) 637,736.00 (4,210,761.00) (1,190,122.00)             ‐ (876,722.00) TOTAL NON‐PERSONNEL 3,300,992.00 2,945,412.00 2,735,512.00 4,285,111.00 3,328,165.00 6,362,797.00 5,217,940.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 252,007.00 833,477.00 659.00 7,637.00                 ‐ 20,449.00 95,550.00 TRANSFERS OUT ‐ OTHER 968,900.00 1,086,988.00 1,112,839.00 1,739,155.00 765,906.00 1,038,429.00 1,123,854.00INTRA‐FUND TRANSFERS OUT                             ‐ ‐                             ‐ 3,140,382.00 1,273,515.00 2,015,595.00 2,206,752.00 TOTAL TRANSFERS OUT 1,220,907.00 1,920,465.00 1,113,498.00 4,887,174.00 2,059,870.00 3,054,024.00 3,426,156.00 TOTAL EXPENSES 6,203,553.00 6,437,545.00 5,457,087.00 10,840,835.00 7,050,671.00 11,397,506.00 10,660,226.00 Revenues Less Expenses 2,313,739.00 (339,117.00) (142,113.00) (2,328,330.00) (139,178.00) (3,057,036.00) 482,815.00Total Net Position 34,440,727.00 34,101,610.00 33,959,497.00 31,631,167.00 31,491,989.00 28,434,953.00 28,917,768.00 Proposed Budget Wastewater Enterprises Funds Revenues and Expenditures 159
REVENUES 2020‐21 Actuals 2021‐22 Actuals
2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
CHARGES FOR SERVICES 113,591.00 478,916.00 203,365.00 207,000.00INVESTMENT EARNINGS (INTEREST AND RENTS) 263.00 4,101.00 3,468.00 8,000.00 MISCELLANEOUS 55,358.00                 ‐                   ‐ 1,950.00 TOTAL OPERATING REVENUES 169,212.00 483,017.00 208,783.00 215,000.00 TRANSFERS IN ‐ CAPITAL PROJECTS 4,700,294.00 368.00 820,413.00 3,223,628.00 INTRA‐FUND TRANSFERS IN 120,000.00
TOTAL TRANSFERS IN 3,343,628.00
TOTAL REVENUES 4,869,506.00 483,385.00 1,029,196.00 3,558,628.00 EXPENSESSALARIES                             ‐ ‐                            ‐ 200,969.00 BENEFITS                             ‐ ‐                            ‐ 72,636.00 RETIREMENT (CalPERS)                             ‐ ‐                            ‐ 25,774.00 RETIREE MEDICAL (OPEB)                             ‐ ‐                            ‐ 3,224.00 TOTAL PERSONNEL                            ‐ ‐                            ‐ 302,603.00 SUPPLIES AND SERVICES 139.00 49,871.00 194,997.00 258,500.00 INTERNAL SERVICE FEES                             ‐ ‐                            ‐ 63,578.00 DEBT SERVICE 717.00 21,246.00 55,776.00 121,813.00
CAPITAL OUTLAY 53,500.00 368.00 820,414.00 3,413,628.00 MISCELLANEOUS (35,053.00)              ‐ 222,773.00                            ‐ TOTAL NON‐PERSONNEL 19,303.00 294,258.00 1,071,187.00 3,857,519.00 TRANSFERS OUT ‐ CAPITAL PROJECTS 5,519,721.00           ‐                            ‐ 109,614.00 TRANSFERS OUT ‐ OTHER 202,916.00              ‐ 52,510.00 188,336.00 INTRA‐FUND TRANSFERS OUT                             ‐ ‐                            ‐ 120,000.00 TOTAL TRANSFERS OUT          ‐ 5,722,637.00 52,510.00 417,950.00 TOTAL EXPENSES 5,741,940.00 294,258.00 1,123,697.00 4,578,072.00 Revenues Less Expenses (872,434.00) 189,127.00 (94,501.00) (1,019,444.00) Total Net Position (872,434.00) (683,307.00) (777,808.00) (1,797,252.00) Proposed Budget Recycled Water Enterprises Funds Revenues and Expenditures 160
REVENUES 2017‐18 Actuals 2018‐19 Actuals 2019‐20 Actuals 2020‐21 Actuals 2021‐22 Actuals 2022‐23 Budget
Midyear
2023‐24 Budget
(Proposed)
CHARGES FOR SERVICES 1,583,700.00 1,652,300.00 576,100.00 1,870,600.00 2,282,600.00 2,439,900.00 3,765,687.00 INVESTMENT EARNINGS (INTEREST AND RENTS) 694.00 23,469.00 18,362.00 1,483.00 2,339.00 916.00 11,270.00 MISCELLANEOUS ‐ 61,189.00              ‐ 212,201.00 84,281.00 50,000.00 121,000.00 TOTAL OPERATING REVENUES 1,584,394.00 1,736,958.00 806,663.00 1,872,083.00 2,369,220.00 2,490,816.00 3,897,957.00 TRANSFERS IN ‐ CAPITAL PROJECTS 2.00                           ‐                             ‐                 ‐ 67,500.00                            ‐                            ‐ TRANSFERS IN ‐ OTHER 5,037,000.00
TOTAL REVENUES 1,584,396.00 1,736,958.00 806,663.00 1,939,583.00 2,369,220.00 2,490,816.00 8,934,957.00 EXPENSESSALARIES 179,931.00 171,786.00 202,530.00 173,333.00 186,862.00 236,333.00 297,728.00BENEFITS 62,246.00 75,699.00 93,239.00 93,998.00 76,820.00 80,185.00 90,985.00 RETIREMENT (CalPERS) 25,758.00 27,867.00 32,587.00 34,050.00 22,423.00 49,517.00 53,575.00 RETIREE MEDICAL (OPEB) 11,691.00 10,607.00 12,326.00 21,284.00 15,512.00 15,980.00 25,793.00 TOTAL PERSONNEL 279,626.00 285,959.00 340,682.00 322,665.00 301,617.00 382,015.00 468,081.00 SUPPLIES AND SERVICES 805,073.00 722,476.00 802,230.00 1,102,707.00 1,397,161.00 1,772,003.00 2,267,482.00 DEBT SERVICE 56,418.00 36,757.00 106,601.00 117,072.00 45,807.00 173,168.00 516,572.00 UTILITES 46,324.00 44,469.00 50,282.00 62,939.00 68,377.00 70,137.00 150,550.00 CAPITAL OUTLAY 192,716.00 245,210.00 62,971.00 474,382.00 23,743.00 445,455.00 238,000.00 MISCELLANEOUS (20,280.00) (32,304.00) 160,691.00 (319,504.00)              ‐ 155,268.00                            ‐TRANSFERS OUT ‐ CAPITAL PROJECTS 886,693.00 TOTAL NON‐PERSONNEL 1,080,251.00 1,016,608.00 1,182,775.00 1,437,596.00 1,690,356.00 2,460,763.00 4,059,297.00 TOTAL EXPENSES 1,359,877.00 1,302,567.00 1,523,457.00 1,760,261.00 1,991,973.00 2,842,778.00 4,527,378.00 Revenues Less Expenses 224,519.00 434,391.00 (716,794.00) 179,322.00 377,247.00 (351,962.00) 4,407,579.00 Total Net Position 1,058,688.00 1,493,079.00 776,285.00 955,607.00 1,332,854.00 980,892.00 5,388,471.00 Proposed Budget Internal Service Funds Revenues and Expenditures 161
Fund Number and Description June 30, 2022
Fund Balance
FY 2022‐23
Estimated
Revenues
FY 2022‐23
Estimated
Expenses
FY 2022‐23
Estimated
Fund Balance
FY 2023‐24
Budgeted
Revenues
FY 2023‐24
Budgeted
Expenses
FY 2023‐24
Budgeted
Fund Balance
100 GENERAL FUND 11,972,531.17 27,720,177.00 25,686,966.00 14,005,742.17 27,770,716.00 32,501,883.00 9,274,575.17105 DEVELOPER PROJECTS 614,026.11 1,131,130.00 859,000.00 886,156.11 1,183,700.00 1,101,000.00 968,856.11 210 STORM DRAIN/MEASURE A 6,579,026.38 52,458.00 750,000.00 5,881,484.38 99,000.00 1,459,833.00 4,520,651.38 211 MEASURE T 3,563,828.77 1,603,842.00 1,864,495.00 3,303,175.77 1,817,000.00 2,326,594.00 2,793,581.77 212 GAS TAX/ROAD MAINTENANCE 494,418.85 593,173.00 591,000.00 496,591.85 611,700.00 599,483.00 508,808.85 213 GAS TAX RMRA 1,364,454.07 476,446.00 300,000.00 1,540,900.07 555,391.00 800,000.00 1,296,291.07 215 CALHOME PROGRAM 5,501.01 306,034.00 306,000.00 5,535.01 60,090.00 35,199.00 30,426.01 216 CDBG ‐ REHAB LOAN PROGRAM 9,963.03             ‐ 57,599.00 67,562.03 800.00 80,751.00 (12,388.97) 217 HOME PROGRAM 25,427.39 500,028.00 500,000.00 25,455.39 63,400.00 48,949.00 39,906.39 218 STATE SUPP LAW ENF (COPS) 4,649.78 163,132.00 163,000.00 4,781.78 174,450.00 173,250.00 5,981.78 220 BEGIN PROGRAM 73,273.76             ‐ 34,609.00 107,882.76             ‐ 34,000.00 141,882.76 230 STATE GRANTS (511,942.13) 1,998,750.00 1,341,736.00          ‐ 145,071.87 2,662,443.00 (2,517,371.13) 240 FEDERAL GRANTS (149,543.70) 6,500,000.00 1,187,307.00       ‐ 5,163,149.30 4,113,844.00 1,049,305.30 252 NEWELL OPEN SPACE PRESERVE 244,400.84 7,067.00 14,100.00 237,367.84 4,000.00 16,750.00 224,617.84 254 LAVIGNE OPEN SPACE MAINTEN 175,025.27 421.00 7,600.00 167,846.27 1,442.00 8,000.00 161,288.27 261 LLAD Zone 1, LaVigne 558,067.72 201,068.00 175,476.00 583,659.72 210,000.00 682,913.00 110,746.72 262 LLAD Zone 2, Vintage Ranch 1,041,628.48 283,246.00 290,432.00 1,034,442.48 291,000.00 651,435.00 674,007.48 263 LLAD Zone 3, Napa Junction 1,344,764.31 174,331.00 175,804.00 1,343,291.31 185,500.00 181,983.00 1,346,808.31 275 GP UPDATE FEE FUND 103,073.87 39,893.00 195,865.00 (52,898.13) 54,873.00 193,244.00 (191,269.13) 280 CANNABIS FUND (13,881.87)            ‐ 5,000.00           ‐ (18,881.87) 3,000.00 (21,881.87) 281 COMM FACILITIES DIST FUND (248,668.08) 3,230,000.00 3,200,000.00         ‐ (218,668.08) 7,333,656.00 (7,552,324.08) 282 LEGAL SETTLEMENT 424,290.01 779.00 425,069.01 7,000.00 432,069.01 310 PARKS IMPACT FEE FUND 1,681,807.19 2,258,159.00 885,883.00 3,054,083.19 5,795,946.00 1,946,230.00 6,903,799.19320 TRAFFIC IMPACT FEE FUND 3,477,152.78 1,420,393.00 392,426.00 4,505,119.78 2,109,235.00 223,438.00 6,390,916.78 330 CIVIC IMPACT FEE FUND 1,375,672.06          ‐ 677,159.00 2,052,831.06        ‐ 1,096,889.00 3,149,720.06 340 AFFORDABLE HOUSING 242,587.93       ‐ 1,527,677.00 1,770,264.93        ‐ 1,585,163.00 3,355,427.93 350 CAPITAL PROJECTS 101,848.71 11,024,102.00 9,280,950.71 1,845,000.00 20,861,961.00 22,625,640.00 81,321.00 360 AMCAN RD E ASSMT DIST 322,900.56 75.00 314,821.00 8,154.56                ‐ 4,000.00 12,154.56 370 ZERO WATER FOOTPRINT 477,963.92 237,579.00 677,509.00 38,033.92 1,166,681.00 663,500.00 541,214.92 380 UTILITY UNDERGROUND FUND 160,772.16                  ‐ 376.00 161,148.16 2,600.00 160,000.00 3,748.16 420 CABERNET VILLAGE LSE DS ‐ 98,235.00             ‐ 98,235.00 468,639.00           ‐ 468,639.00440 ENGIE EQUIP/LEASE DEBT SVC 153,435.00 35,502.00 35,502.00 153,435.00 36,949.00 36,949.00 153,435.00 FY 2023‐24 Proposed Budget Fund Balance Projection
162
Fund Number and Description June 30, 2022
Fund Balance
FY 2022‐23
Estimated
Revenues
FY 2022‐23
Estimated
Expenses
FY 2022‐23
Estimated
Fund Balance
FY 2023‐24
Budgeted
Revenues
FY 2023‐24
Budgeted
Expenses
FY 2023‐24
Budgeted
Fund Balance
FY 2023‐24 Proposed Budget Fund Balance Projection
510 WATER OPERATIONS 33,073,633.00 10,557,690.00 10,626,401.00 33,004,922.00 9,955,618.00 13,711,006.00 29,249,534.00515 WTR DEBT SERVICE FUND (33,481.00) 85,675.00 21,682.00 30,512.00 89,171.00 89,171.00 30,512.00 520 WATER CAPACITY FEE FUND 5,014,443.00 1,874,074.00 949,494.00 5,939,023.00 8,552,214.00 68,990.00 14,422,247.00 530 WATER CIP 1,931,629.00        ‐                         ‐ 1,931,629.00 2,038,185.00 2,038,185.00 1,931,629.00540 WASTEWATER OPERATIONS 25,254,905.00 5,069,260.00 8,115,845.00 22,208,320.00 5,261,283.00 7,531,279.00 19,938,324.00 545 WW DEBT SERVICE FUND (3,245,811.00) 206,641.00 52,296.00 (3,091,466.00) 215,074.00 215,074.00 (3,091,466.00) 550 WASTEWATER CAPACITY FEE 5,510,453.00 774,671.00 422,194.00 5,862,930.00 3,417,006.00 747,194.00 8,532,742.00 560 WW CIP 3,585,003.00 2,214,024.00 2,807,171.00 2,991,856.00 2,166,678.00 2,166,678.00 2,991,856.00 570 WW CAPITAL RESERVE 387,439.00             ‐ 75,874.00 463,313.00 83,000.00 546,313.00 580 RECYCLED WATER FUND (683,306.08) 208,783.00 303,283.00 (777,806.08) 215,000.00 1,234,444.00 (1,797,250.08) 585 RECYCLED WTR CAPACITY FEE                          ‐ ‐                         ‐                         ‐                         ‐                         ‐ 590 RECYCLED WATER CIP ‐ 820,413.00          ‐ 820,413.00 3,343,628.00        ‐ 3,343,628.00 601 LAVIGNE SAD REASSMT REV BO 1,374,304.00        ‐                         ‐       ‐ 1,374,304.00 1,374,304.00 602 AMCAN RD E INF REV BOND 1,091,409.00        ‐                         ‐       ‐ 1,091,409.00 1,091,409.00 603 COMM FACILITIES DISTRICT        ‐ 5,049,051.00                         ‐       ‐ 5,049,051.00 5,049,051.00 610 TOURISM IMPROVEMENT DIST              ‐ 88,015.28                         ‐             ‐ 88,015.28 88,015.28 651 ISF ‐ BLDG MAINTENANCE 158,865.00 666,866.00 698,833.00 126,898.00 994,001.00 1,082,840.00 38,059.00 652 ISF ‐ FLEET 1,128,932.00 722,857.00 1,001,516.00 850,273.00 1,173,021.00 1,156,528.00 866,766.00 653 ISF ‐ INFO TECHNOLOGY 246,274.00 916,093.00 957,429.00 204,938.00 1,118,769.00 1,114,818.00 208,889.00 654 ISF ‐ LEGAL SERVICES (201,217.65) 185,000.00 185,000.00 (201,217.65) 612,166.00 386,500.00 24,448.35 163

CITY COUNCIL AGENDA
MAY 16, 2023

STAFF REPORT

MANAGEMENT AND STAFF ORAL REPORTS
ITEM NUMBER: 22.

TITLE
Maintenance and Utilities Department, Environmental Services Division Update

RECOMMENDATION
Receive a Presenta'on on Maintenance and U'li'es Department, Environmental Services Division Update.

CONTACT
Felix Hernandez, III, Maintenance and Utilities Director Pam Phillips, Environmental Services Manager

BACKGROUND & ANALYSIS
The Maintenance and U'li'es Department is responsible for the treatment and distribu'on of drinking water; the collec'on, reclama'on, and reuse of wastewater; compliance with all environmental regula'ons related to water, wastewater, stormwater, hazardous waste and solid waste; and management of the City's facili'es and fleet. The City operates a Water Treatment Plant, Water Reclama'on Facility and Corpora'on Yard. The Water Reclama'on Facility processes wastewater for either discharge to receiving waters or for recycled water produc'on and distribution. Environmental Services is housed at the Water Reclamation Facility.

The Environmental Services Division encompasses programs that are public facing and others administra've and required by other government agencies. The Environmental Service Division monitors federal, state and city laws, regula'ons, and codes in regard to NPDES (Na'onal Pollutant Discharge Elimina'on System) wastewater discharge, recycled water applica'ons, solid waste, industrial pretreatment, pollu'on preven'on, stormwater discharge, biosolid disposal, greenhouse gas emissions, and water conserva'on. This division implements environmental program ac'vi'es such as water quality analysis, inspec'ons, field/plant sample collec'on, data valida'ng and repor'ng and educa'onal outreach. The division administers environmental programs, including issuing permits, performing site inspec'ons, iden'fying pollu'on sources, mi'ga'ng illicit discharges, and interfacing with regulatory agencies. The division develops, implements, modifies, coordinates, and monitors elements of a water conservation program that includes recycled water.

The Environmental Services Division works with other jurisdictions, community service providers and other agencies in environmental program development and coordina'on efforts. The division works 164
closely with all other departments in the City, building effec've working rela'onships so that we all can be stewards of the environment.

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

FISCAL IMPACT
None.

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

City Council Update
165
City Council Update
May 16, 2023
Maintenance and Utilities
Department
166
• Environmental Services
• Division Update
• 2
• Environmental Services
• Division Update
2 Lorem ipsum dolor sit
167
168
4 2022 Annual Reports
• Self Monitoring Report (WRF)
• No self reported violations
• Treated 545.62 MG Wastewater
• Constructed Wetlands Annual Report
• Biosolids Annual Report
• Off hauled 17.967 dry metric tons
• Pollution Prevention Report
• Pollutants of Concerns
• Sources of Pollutants
• Outreach
• Pre Treatment Report
• SIU Compliance
• Recycled Water Report
• 5 spills
• 159.13 MG produced
169
Permits
• Renewed 49 Commercial
Permits
• 4 new Commercial Permits
• Renewed 18 Zero Discharge
Permits
• 2 New Zero Discharge Permits
• Renewed 3 SIU Permits
5 170
Outreach
• ACCPF
• Watershed Explorer Program
• Napa Junction Elementary
• Silver Oak Elementary
• Earth Day Celebration
6 171
7 Water Conservation
2023 Rebate
Program
Participation
Cash for Grass
• 5,034 sq ft
Toilet Rebates
• 10 Toilets
172
• SB1383
• Kitchen pail giveaway at various
locations within the city
• 250 pails have been given to
residents
• 13 Commercial Business
Waivers approved
8 Solid Waste
American Canyon Library
City Hall
173
Bay Area Air Quality
Management District
Napa County HMBP
• 4 New back up generators
• Inspected and Permitted with BAAQMD
• Inspected and Permitted with Napa County
Environmental Management
9 174
Stormwater Support
Illicit Discharge
• During the rainy season,
helped address BMPs that
were not properly in place
to ensure our storm drains
were not impacted.
10 175
• Environmental Services
• Division Update
• 2
11 Lorem ipsum dolor sit
176
12 Public Safety Building Solar Production
177
Water Reclamation Solar Production 13178
Water Treatment Plant Solar Production 14179
City Hall EV Charging Station
January - April 2023
403 Total Charge Sessions
82,918 Total Charge Minutes
526 4,682 5.25
21,894130
180
Staff Training
16 • Environmental Services
• Division Update
• 2
181
Questions?
182
City Council Committee Report
Submitted
by: * Vice Mayor Pierre Washington
Council
Meeting
Date:
05/16/2023
Event
Date: 2023-05-05
Event Type Community Event
Event Title:* ACHS Senior Career Presentation for Elizabeth Goff Event Report: On Friday, May 5, 2023 I met with American High School Teacher/Advisor Elizabeth Goff to Speak to her Period 3, Period 4 and Period 5 students about Career Development, Mapping out their Career development plan, Identifying their passions and Talents.

All of the students had lots of questions about City Government, The Corporate world, Public Safety (Law Enforcement & Fire Department).  The students and teachers were very engaged in conversation.

Below is some information regarding this years graduating class ceremony:

Graduation information is posted on the American Canyon High School website www.amcanhs.nvusd.org File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-04-13
Event Type Committee Report
Event Title:* Napa RCD Board Meeting
Event Report:

A Special Board Meeting to further discuss recruiting and on-boarding new Associate Directors with expertise and connections that represent current gaps or weaknesses.  Board-Staff
interaction and relationships, and increasing the visibility of the District.  Discussed recruitment and the need for diversity and inclusion within the RCD Board and associate Board.

File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-05-08
Event Type Community Event
Event Title:* Veterans of Foreign Wars (VFW), Post 1123 Event Report: May 8, 2023, Monthly meeting promoting patriotisms and ensuring the care of veterans and their families.

Discuss the 2023 Memorial Day event both in Vallejo and in American Canyon. Karl Kreh Vallejo VFW Post 1123 420 Admiral Callaghan Lane, Vallejo, CA 94591. Every 1 and 3 Monday
st rd
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-05-11
Event Type Committee Report
Event Title:* American Canyon Sub Finance Committee w/ Juan Gomez & Maria Ojeda Event Report: On May 12, 2023 at 9:00 am Mayor Leon Garcia and I attended the City of American Canyon's Sub Financial Committee 183
meeting.   The presenter was our Finance Director Juan Gomez.  We received the recommendation for Fiscal Year 2023- 2024 proposal budget that will be presented to City Council on May 16, 2023.

File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-05-11
Event Type Committee Report
Event Title:* Napa County League of Governments (NCLOG) Event Report: The City Manager, City Staff , The Mayor & Council participated in the 2023 Quarterly Napa County League of Governments in St. Helena to network with County elected officials in neighboring cities and with our County representatives.  The Business meeting consisted of discussions about the structure of the NCLOG meetings, a panel discussion on existing countywide shared service models (City/County Managers and Staffing).

File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-05-06
Event Type Community Event
Event Title:* Juneteenth Celebration Sub Committee with Brenda Knight Entertainment Event Report: On Saturday May 6, the Juneteenth Subcommittee met to discuss the Juneteenth Celebration itinerary scheduled for Sunday, June 18th, 2023 from 1pm to 6 pm.

File/Photo Upload Juneteenth.heic 61.19KB
Max file size for all uploads is 25 MB
Event
Date: 2023-05-30
Event Type Community Event
Event Title:* Memorial Day Sub Committee
Event Report: Memorial Day Recognition scheduled for Monday May 29, 2023 at Veterans Memorial Park.   Subcommittee consistent of:

Stacey Johnson, Alex Ikeda, Alana Behn, Sindy Biederman, and Rich Peterman.

Final touches on the Memorial Day 2023 Program to include all presenters and the Guest Speaker (It's a surprise...) File/Photo Upload Max file size for all uploads is 25 MB 184
185
City Council Committee Report
Submitted
by: * Councilmember Mark Joseph
Council
Meeting
Date:
05/16/2023
Event
Date: 2023-04-28
Event Type Committee Report
Event Title:* Climate Action Activities
Event Report: Monthly Countywide Climate Action Committee:  The Mayor and I carpooled to our first in-person meeting.  We heard a presentation on CARB's rules that would outlaw gas powered heating (space and water) over the next few years.  We also reviewed the draft Short-Lived Climate Pollutants.  Methane is the overwhelming pollutant, but the level of data is so generic that we really didn't get much in the way of direction moving forward.  The Committee did make some very good suggestions and the next draft should be of more value.  We also have a carbon sequestration report to receive.

OSATS Commission Meeting:  I attended this meeting, mainly to listen to a discussion on their work plan for next year.  I made a few comments and supported including sustainability elements.  They asked for additional information from staff and I believe they will have a well-balanced plan of action for the Council to consider in June.

Napa County Climate Challenge Desktop App:  Attended a zoom meeting to review this app--it is doing well with students, but we need to expand it to other segments of our community.  We also said farewell to Patrick Journey, who is leaving for a new job.

BayRen webinar on Heat Pump Water Heaters:  I wanted to learn more about this product, which has been around since the 1970's.  The first half was very informative to a policy maker; the second half demonstrated why the seminar was designed for building inspectors!!
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-05-08
Event Type Committee Report
Event Title:* Napa Valley Transportation Authority (NVTA) Event Report: Attended the Agenda-setting meeting with Kate Miller and Liz Alessio.  Our next meeting will be a half-day Retreat focused on Transit.  But we will have a number of consent items to approve.

File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-04-29
Event Type Community Event
Event Title:* Volunteer Recognition Event
Event Report: After a 4 year hiatus, we introduced a new format for our annual recognition event.  Clearly, the Boys & Girls Club is a smaller venue than the Community Gym, but staff did a great job presenting.  The program was shorter and sticking with appetizers kept the costs down. (Asking our Volunteers to pay for a dinner honoring them always seemed a little strange!) Going forward, I think we learned a lot about the process, and I look forward to the de-briefing.

And congratulations to Clarence Mamaril, our 2023 Gateway Award Winner!!  Truly deserved it.

File/Photo Upload Clarence Mamaril - Gateway Award Winner and Jedi Master.jpg 440.19KB Max file size for all uploads is 25 MB
186
Event
Date:

Event Type Community Event
Event Title:* American Canyon Arts Foundation
Event Report: Napa Valley Presents grant:  ACAF was fortunate to receive a $7500 grant from Napa Valley Presents to underwrite our second annual ACHS Arts and Music Fest.  The funds will cover the cost to produce and promote the event, as well as provide supplies to our various Visual And Performing Arts (VAPA) instructors.  We're very excited about this grant, because it will help us grow this event over time.

ACAF Scholarships:  We reviewed several students who want to pursue a career in the arts.  We found 3 that were exceptional and they each will receive a $500 scholarship.

Juneteenth:  Brenda Knight and ACAF are working on this annual event.  Right now the focus is on securing funds-- we have submitted grant requests to several organizations, as well as to local businesses.  The event will be at Main Street Park on Sunday, June 18, from 1-6pm.

Board Meeting:  We covered a lot of topics, from grants to social events.  Our next event is a "Paint Party" at the Chamber's Welcome Center, Tuesday, May 23, from 6-8pm.  Price is $40, which includes the instructor, supplies and appetizers (including wine).  We're also planning an artist reception for our High School Photography Class, and will start planning a "Battle of the Bands" event with the Chamber (as part of the August Meet Me in the Street).

File/Photo Upload
Paint Party.jpg 790.69KB
Max file size for all uploads is 25 MB
Event
Date:

Event Type Community Event
Event Title:* Community Events and Activities
Event Report: Chamber's Coffee Chat:  Late arrival, but got a chance to meet and greet with some of our local businesses.

Bocce League Meeting:  We hope to have around 8 teams for this year's season.  Contact me if you're interested in joining a team.

Newell Hike:  Billed as a "Pollinator Hike" it was really a chance to get out to the Preserve and enjoy nature.  With all the rains, there's a lot of trail mowing needed, but we were able to get up to where the planned campsite is (where the loop trail starts).  ACCPF and RCD organized the event.

Napa County Democratic Central Committee meeting:  This month we heard from two candidates running for Controller.

Kiwanis Board Meeting:  Our Lt. Gov. made it to our meeting, and we had a good discussion about the Food Pantry, certifying our annual elections, and more!
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