REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
September 19, 2023
6:30 PM
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 [email protected]. Include your name, address, phone number and brief descrip-on of the requested materials, as well as your preferred alterna-ve format or auxiliary aid, at least three calendar days before the meeting.
Mayor: Leon Garcia
Vice Mayor: Pierre Washington
Councilmembers: Mariam Aboudamous, Mark Joseph, David Oro CITY COUNCIL MEETING AGENDA SEPTEMBER 19, 2023
1 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 Cases No. 22CV001041 and 23PR00161).
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.
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 CITY COUNCIL MEETING AGENDA SEPTEMBER 19, 2023
2 PROCLAMATIONS AND PRESENTATIONS
3. Proclamation - September 2023 Suicide Prevention Month
4. Proclamation - September 2023 National Recovery Month in American Canyon
5. Proclamation - National Community Planning Month
6. Presentation - American Canyon Chamber of Commerce
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
7. Minutes of the Regular City Council meeting of September 5, 2023 Recommendation: Approve the minutes of the Regular City Council mee-ng of September 5, 2023.
8. Report Upon Return from Closed Session for the Regular City Council Mee,ng of September 5, 2023
Recommendation: Approve the Report Upon Return from Closed Session for the Regular City Council Meeting of September 5, 2023.
9. Public Hearing Notification Ordinance Amendment
Recommendation: Waive final reading, read by -tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending American Canyon Municipal Code (ACMC) Chapter 19.40.050 to increase hardcopy property owner and tenant no-fica-on from 300 feet to 500 feet of a proposed project location.
10. Annual Water Meter Purchase
Recommendation: Adopt a Resolu-on approving the purchase of water meters from Badger Meter within the authorized budget of $100,000.
PUBLIC HEARINGS
11. Amended Purchasing Policy and Procedures
Recommendation: Take the following ac-ons related to the City's Purchasing Policy and Procedures:
CITY COUNCIL MEETING AGENDA SEPTEMBER 19, 2023
3 1. Waive first 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 removing chapter 3.12 - Purchasing System.
2. Adopt Resolu-on of the City Council of the City of American Canyon approving the revised City Purchasing Policy and Procedures.
3. Adopt Resolu-on of the City Council of the City of American Canyon elec-ng City par-cipa-on in the California Uniform Public Construc-on Cost Accoun-ng Act (CUPCCAA).
BUSINESS
12. General Plan Update
Recommendation: Provide feedback on the Draft General Plan Land Use Element Map
MANAGEMENT AND STAFF ORAL REPORTS
13. Maintenance and Utilities Department, Water Operations Update Recommendation: Receive a Presenta-on on Maintenance and U-li-es Department, Water Operations 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.
14. a. Napa County Local Agency Formation Commission (LAFCO) Update (Aboudamous) b. Napa Countywide Climate Action Committee (CAC) Update (Garcia/Joseph) c. Napa Valley Transportation Agency (NVTA) Update (Garcia/Joseph) d. Napa Valley Tourism Improvement Board (NVTID) Update (Oro )
15. City Council Committee Report - Councilmember David Oro
16. City Council Committee Report - Councilmember Mark Joseph
17. City Council Committee Report - Vice Mayor Pierre Washington
18. Future Agenda Items of Note:
October 3, 2023, Regular City Council Meeting. 6:30 p.m.
National Code Enforcement Appreciation Month
Filipino Heritage Month
Appointment of Youth Commissioners
*City Council Compensation (SB 329)
Parks & Recreation Update
October 17, 2023, Regular City Council Meeting. 6:30 p.m.
Domestic Violence Awareness Month
*4th of July Re-Cap
CITY COUNCIL MEETING AGENDA SEPTEMBER 19, 2023
4 *New Affordable Housing on Surplus City Property
Environmental Compliance Presentation
November 7, 2023, Regular City Council Meeting. 6:30 p.m.
Veterans Day Proclamation
2024 Minimum Wage Increase
City Investment Policy
Paoli/Watson Lane Annexation
Note: Council requested items are marked "*"
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 SEPTEMBER 19, 2023
5 CITY OF AMERICAN CANYON
PROCLAMATION
September 2023 Suicide Prevention Month
in American Canyon
WHEREAS, the Napa County Suicide Prevention Council (NCSPC), a public/private collaborative of people and organizations who are dedicated to reducing stigma surrounding suicide, supporting those who have lost loved ones to suicide, identifying and advocating for resources and promoting a safe, connected, and resilient community dedicated to reducing the risk of suicide; WHEREAS in the last six years NCSPC has worked tirelessly to reach their vision of a suicide-free community through education and training, stigma reduction, linkage to services, and provision of resources to combat suicide; and
WHEREAS, from 2018-2020, the suicide rate in California was 10.5 deaths per 100,000 population and Napa County’s was 10.9 deaths per 100,000 population, placing Napa County higher than the State average; and
WHEREAS, across the State and Napa County, the age group with the highest suicide rate was 85 years and older. The race with the highest suicides was White and second highest was American Indian/Alaskan Native; and
WHEREAS, in FY 22-23, law enforcement responded to over 289 calls related to suicide, and in the same fiscal year, 14 individuals completed suicide in Napa County; and WHEREAS, in FY 22-23, the NCSP trained 941 community members in the Question, Persuade, Refer (QPR) model of suicide prevention to help prevent suicides; and WHEREAS every American Canyon resident can be an ally by knowing the signs of suicide, finding the words to communicate with someone they are concerned about, and reaching out to local resources for help.
NOW, THEREFORE I, (insert name and title) on behalf of the City of American Canyon , do hereby proclaim the month of September 2023 as Suicide Prevention Month in American Canyon.
Dated: May 2, 2023
__________________________
Leon Garcia, Mayor
6 CITY OF AMERICAN CANYON
PROCLAMATION
September 2023
Recovery Month in American Canyon
WHEREAS, for the 34
th year, the month of September is recognized nationally as Recovery Month; setting aside designated, targeted time to promote wellness through recovery for the members of our community; and
WHEREAS, there are millions of Americans whose lives have been transformed through recovery, who often go unrecognized. Recovery Month intentionally celebrates the success, strength, and courage that it takes to live in recovery, and highlights that recovery is possible; and WHEREAS, Recovery Month brings to light the ongoing need to educate others about substance use disorders, co-occurring disorders and the effectiveness of treatment and recovery services; and WHEREAS, the City of American Canyon celebrates the dedication of addiction professionals working throughout our county who support the continuum of care necessary to meet the needs of those who in need of services. Their efforts are critical to improve the health and well-being of Napa’s youth and adults struggling with addiction; and
WHEREAS, the City of American Canyon continues to provide a safe and welcoming place for people to connect with providers to develop a strong and proud recovery community.
NOW, THEREFORE I, (insert name and title), on behalf of the American Canyon City Council, do hereby proclaim the month of September 2023 as National Recovery Month in the City of American Canyon and support the permanent theme, “Recovery is For Everyone: Every Person, Every Family, Every Community.”
Dated: May 2, 2023
__________________________
Leon Garcia, Mayor
7 CITY OF AMERICAN CANYON
PROCLAMATION
COMMUNITY PLANNING MONTH
October 2023
WHEREAS, constant change affects all jurisdictions including the City of American Canyon; and WHEREAS, community planning provides a framework to enable all residents to work together to bring positive change with better choices for how people work and live; and WHEREAS, October is designated as National Community Planning Month by the American Planning Association throughout the United States of America to remind and celebrate the contributions of sound planning; and
WHEREAS, Community Planning in American Canyon in all its forms will maximize the health, safety, and economic well-being of all people living in our community; and WHEREAS, it is essential for all American Canyon residents and business community working together with Community Planning staff to further our safe, caring community for today – and into the future.
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Leon Garcia, and the City Council of American Canyon, do hereby proclaim October 2023, as “Community Planning Month” in the City of American Canyon.
Dated: September 19, 2023
__________________________________________
Leon Garcia, Mayor
8 CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
September 5, 2023
AMENDED AGENDA
4:30 P.M. – CLOSED SESSION
CALL TO ORDER - CLOSED SESSION
The meeting was called to order at 4:33 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
Closed Session public comments were opened. Written comments: none. Oral Comments: none. The public comment period was closed.
MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
The meeting was recessed to closed session at 4:33 p.m. 4:30 P.M. CLOSED SESSION ITEMS
1. Conference with Legal Counsel - Existing Litigation. 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 Cases No. 22CV001041 and 23PR00161).
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 Superior Court Case No. 23CV000510).
f. City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV000517).
9 2. Conference with Legal Counsel – Anticipated Litigation. Authorized pursuant to Government Code Section 54956.9 (d)(2). One Matter.
3. Conference with Real Property Negotiators - Authorized Pursuant to Government Code Section 54956.8
Property:
APN ADDRESS
a. 059-351-008
b. 058-040-018 205 Wetlands Edge Road
Agency negotiator(s): City Manager Jason B. Holley & City Attorney William D. Ross Under negotiation: Terms of property acquisition.
6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION
The meeting was called to order at 6:32 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ROLL CALL - OPEN SESSION
Present: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia
Absent: None
Excused: None
REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION A report on Closed Session and confirmation of reportable action was given by City Attorney William Ross.
PROCLAMATIONS AND PRESENTATIONS
4. Proclamation - Hispanic Heritage Month
Mayor Garcia announced the proclamation. It was accepted by members of the community.
PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Garcia called for public comments. Written comments: none. Oral comments: Fran Lemos was called to speak; Justin Hamilton Hole was called to speak. The public comments period was closed. 10 AGENDA CHANGES
There were no agenda changes.
CONSENT CALENDAR
Action: Motion to adopt CONSENT CALENDAR made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
5. Minutes of the Regular City Council meeting of August 15, 2023 Action: Approved the minutes of the Regular City Council meeting of August 15, 2023.
6. Report Upon Return from Closed Session for the Regular City Council Meeting of August 15, 2023
Action: Approved the Report Upon Return from Closed Session for the Regular City Council Meeting of August 15, 2023.
7. Watson Ranch Specific Plan Technical Amendment
Action: Waived final reading, read by title only, and adopted Ordinance 2023-07 by the City Council of the City of American Canyon amending the Watson Ranch Specific Plan.
PUBLIC HEARINGS
8. Public Hearing Notification Ordinance Amendment and Discretionary Project Site Posting Policy
Council received a staff report from Community Development Director Brent Cooper. Mayor Garcia opened the public hearing and called for public comments. Written comments: none. Oral comments: Beth Marcus was called to speak. Public comments and the public hearing were closed. Mayor Garcia reopened the public hearing and took a comment from Fran Lemos. The public comment period was closed.
Action: Waive first reading, read by title only, and adopt an Ordinance by the City Council of the City of American Canyon amending American Canyon Municipal Code (ACMC) Chapter 19.40.050 to increase hardcopy property owner and tenant notification from 300 feet to 500 feet of a proposed project location. made by Councilmember David Oro, seconded by Vice Mayor Pierre Washington, and CARRIED by roll call vote. 11 Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
Action: Motion to adopt Resolution 2023-71 of the City Council of the City of American Canyon approving a Discretionary Project Site Posting Policy made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
BUSINESS
9. Vehicle Miles Traveled (VMT) policy to implement Senate Bill (SB) 743 Council received a staff report from Community Development Director Brent Cooper with consultant Colin Burgett, GHD. Mayor Garcia called for public comments. Written comments:
none. Oral comments: none. The public comments period was closed.
Action: Motion to adopt Resolution 2023-72 of the City Council of the City of American Canyon, California approving a Citywide policy establishing Vehicle Miles traveled (VMT) as the standard of measurement for potential vehicle traffic impacts consistent with the California Environmental Quality Act (CEQA) made by Councilmember Mariam Aboudamous, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
10. Support for ACA 13 (Ward)
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.
12 Action: Motion to adopt Minute Order 2023-15 authorizing the mayor to sign a letter of support for ACA 13 (Ward) made by Councilmember David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember David Oro, Vice Mayor Pierre Washington, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
MANAGEMENT AND STAFF ORAL REPORTS
11. Public Works Department Quarterly Update
Council received a Public Works Department Quarterly Update from Public Works Director Erica Ahman Smithies. Mayor Garcia called for public comments. Oral comments: Fran Lemos was called to speak. The public comments period was closed.
12. Building & Safety Division Update
Council received a Building and Safety Division Update from Community Development Director Brent Cooper and contract Building Official Joshua Anderson.
Parks & Recreation Director Alexandra Ikeda announced upcoming community events.
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND FUTURE AGENDA ITEMS
13. City Council Committee Report - Councilmember Mark Joseph Council members reviewed their committee reports and commented on items of interest.
14. Future Agenda Items of Note:
September 19, 2023, Regular City Council Meeting. 6:30 p.m.
National Community Planning Month
Chamber of Commerce Presentation
Purchasing Policy
General Plan Update
Water Presentation
October 3, 2023, Regular City Council Meeting. 6:30 p.m.
National Code Enforcement Appreciation Month
13 Fire Prevention Month
Filipino Heritage Month
Paoli Watson Annexation EIR/General Plan Amendment/Pre-zoning City Council Compensation
Parks & Recreation Presentation
October 17, 2023, Regular City Council Meeting. 6:30 p.m.
Domestic Violence Awareness Month
Environmental Compliance Presentation
ADJOURNMENT
The meeting was adjourned at 9:28 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, CMC, City Clerk
14 William D. Ross
David P. Schwarz
Kypros G. Hostetter
Christina M. Bellardo
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 199/6
September 7, 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; Regular City Council Closed Session Meeting of the American Canyon City Council of September 5, 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 September 5, 2023, consistent with Government Code Section 54957.1.
Mayor Leon Garcia called the meeting to order in Open Session at 4:33 p.m. with all Council Members present and after ascertaining that there were no public comments on Closed Session matters, the Council then adjourned to Closed Session at 4:33 p.m.
There were three matters agendized for City Closed Session consideration.
1. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9(d)(1):
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).
15 The Honorable Leon Garcia, Mayor
and Members of the City Council
September 7, 2023
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).
2. Conference with Legal Counsel – Anticipated Litigation Authorized Pursuant to Government Code Section 54956.9(d)(2) One Matter
3. Conference with Real Property Negotiators – Authorized pursuant to Government Code Section 54956.8
Property:
APN ADDRESS
a. 059-351-008
b. 058-040-018 205 Wetlands Edge Road
Agency negotiator(s): City Manager Jason B. Holley & City Attorney William D. Ross
Under negotiation: Terms of property acquisition.
With respect to Closed Session Agenda Item No. 1.a. (American Canyon I, LLC v. Napa Valley Unified School District (Napa County Superior Court Case No 22CV001145)), except with the reference to a scheduled Case Management Conference before the Napa County Superior Court on September 20, 2023, there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).
With respect to Closed Session Agenda Item No. 1.b. (City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022-00327471)), there was reportable action in the form of indicating that a mandatory Settlement Conference has been set for March 24, 2025, with a trial date of May 5, 2025. 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)(1).
With respect to Closed Session Agenda Item No. 1.c. (City of American Canyon v. Leon Dale Schmidt, (Napa County Superior Court Case No. 22CV001041)), there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956(d)(1).
16 The Honorable Leon Garcia, Mayor
and Members of the City Council
September 7, 2023
With respect to Closed Session Agenda Item No. 1.d. (Center for Biological Diversity v.
City of American Canyon et al. (Napa County Superior Court Case No. 23CV000511)), 1.e. (Golden State Environmental Justice Alliance v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV000510)) and 1.f. (City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV000517)), collectively referred to as the Golden State matter, there was reportable action indicating that the draft Administrative Record for the consolidated matter had been provided to all Counsel for initial review. Except as indicated, there was no other reportable action under the common law attorney-client privilege or that provided by Government Code Section 54956.9(d)(1).
With respect to Closed Session Agenda Item No. 2., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).
With respect to Closed Session Agenda Item No. 3.a., there was reportable action in the form of unanimous rejection (5–0) by the Council of a proposed offer by OUTFRONT/Media with respect to electronic signage on the referenced real property, APN 059-351-008. Except as indicated, there was no other reportable action under the provisions of Government Code Section 54956.8.
With respect to Closed Session Agenda Item No. 3.b., there was no reportable action under the provisions of Government Code Section 54956.8.
Your Council concluded the Closed Session at 5:56 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
17 The Honorable Leon Garcia, Mayor
and Members of the City Council
September 7, 2023
cc: Jason B. Holley, City Manager
Maria Ojeda, Assistant City Manager
Taresa Geilfuss, City Clerk
Cherri Walton, Deputy City Clerk
18 CITY COUNCIL AGENDA
SEPTEMBER 19, 2023
STAFF REPORT
CONSENT
ITEM NUMBER: 9.
TITLE
Public Hearing Notification Ordinance Amendment
RECOMMENDATION
Waive final reading, read by .tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending American Canyon Municipal Code (ACMC) Chapter 19.40.050 to increase hardcopy property owner and tenant no.fica.on from 300 feet to 500 feet of a proposed project location.
CONTACT
Brent Cooper, AICP, Community Development Director
BACKGROUND & ANALYSIS
On September 5, 2023, the City Council approved the first reading of an Ordinance amending American Canyon Municipal Code (ACMC) Chapter 19.40.050 to increase hardcopy property owner and tenant no.fica.on from 300 feet to 500 feet of a proposed project loca.on. Increasing hardcopy no.fica.on of project-related public hearings will increase awareness of pending Planning Commission and City Council actions and improve transparency in policy making decisions.
If the final reading is approved, the Ordinance will become effec.ve 30 days later on October 19, 2023. A copy of the Ordinance is included as Attachment 1.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
N/A
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), the proposed public hearing notification increase from 300 feet to 500 feet qualifies for a Categorical Exemption CEQA Guidelines §15061(b)(3) as the public hearing no.fica.on procedures have no poten.al to cause a significant effect on the environment; CEQA Guidelines §15060(c)(2) as a project that will not result in a direct 19 or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
1. Ordinance Public Hearing Notice Update
20 ORDINANCE NO. 2023-______
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF AMERICAN CANYON, CALIFORNIA AMENDING AMERICAN CANYON MUNICIPAL CODE (ACMC) CHAPTER 19.40.050 TO INCREASE HARDCOPY PROPERTY OWNER AND TENANT NOTIFICATION FROM 300 FEET TO 500 FEET OF A PROPOSED
PROJECT LOCATION
WHEREAS, on October 18, 2022, the City Council and Planning Commission, in a joint meeting conducted a workshop to discuss the City’s public hearing notification requirements for discretionary development; and
WHEREAS, the workshop reviewed existing municipal code notification requirements, State law requirements, and outreach practices above and beyond municipal code requirements; and WHEREAS, on October 18, 2022, the City Council directed staff to revise the Municipal Code to increase hardcopy public hearing notification radius from 300 feet to 500 feet of a proposed project; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed public hearing notification increase from 300 feet to 500 feet qualifies for a Categorical Exemption CEQA Guidelines §15061(b)(3) as the public hearing notification procedures have no potential to cause a significant effect on the environment; CEQA Guidelines §15060(c)(2) as a project that will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, on August 24, 2023, the City of American Canyon Planning Commission recommended City Council approval of the proposed Ordinance with a modification to require all residential tenants receive notification within 500 feet of the project location; and WHEREAS, a duly-noticed public hearing was held by the City of American Canyon City Council on September 5, 2023 on the subject application, at which time all those in attendance were given the opportunity to speak on this proposal, and all comments were reviewed and considered.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON DOES HERE BY ORDAIN an amendment to American Canyon Municipal Code (ACMC) Chapter 19.40.050(B)(1)(c) to increase property owner hardcopy notification to 500 feet of a proposed project location, provide notification to all residents within 500 feet of the project location and correct grammatical/typographical errors as shown below:
19.40.050 Notice of public hearing.
When a public hearing is required by this chapter, notice of the hearing shall be given in the manner specified in this section.
A. Contents of Notice. A required public hearing notice shall contain at least the date, time, and place of the hearing; the identity of the hearing body, and the nature and location of the application in sufficient detail for a member of the public to be able to understand the nature, intent and scale of the project or request.
B. Method of Noticing. At least ten calendar days before the date of any public hearing, required notice shall be given through all the following actions:
21 1. Publishing such notice once in a newspaper of general circulation within the city, or if none, in a newspaper of general circulation within the county of Napa; and
2. Mailing or delivering notice, postage prepaid, to all the following:
a. The property owner,
b. The applicant,
c. The owners of all property within five hundred (500) feet of the exterior boundaries of the property which is the subject of the application,
d. Accomplish tenant notification with all physical addresses located within five hundred (500) feet of the exterior boundaries of the property which is the subject of the application, and e. Any person who has filed a written request for such notice.
3. For purposes of this mailed or delivered notice, the last known names and addresses of property owners on the last county assessment roll shall be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice. (Ord. 2002-07 Exh. A, 2002; Ord. 2001-02 § 1, 2001).
SECTION 1. 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 2. EFFECTIVE DATE. This ordinance shall become effective effect 30 days after its final passage pursuant to Government Code section 36937.
SECTION 3. 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 4. 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 5
th day of September, 2023, by the following vote:
AYES:
22 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 19th day of September, 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 23 CITY COUNCIL AGENDA
SEPTEMBER 19, 2023
STAFF REPORT
CONSENT
ITEM NUMBER: 10.
TITLE
Annual Water Meter Purchase
RECOMMENDATION
Adopt a Resolu(on approving the purchase of water meters from Badger Meter within the authorized budget of $100,000.
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Dominic Patrick, Water Systems Manager
BACKGROUND & ANALYSIS
The City of American Canyon regularly replaces old meters, installs new meters in various sizes to more accurately read and record flow measurement. City meter sizes typically range from 3/4" to 6", including ancillary components. In 2004, City Council approved Sensus as the sole meter used for the City and in 2020, Aqua-Metric Sales (AMS)/Thirke>le became the new Northern California representa(ve for Sensus. On May 18, 2023, Aqua-Metric Sales sent a le>er no(fying all customers of significant time delays in shipping Sensus meters.
On July 18, 2023 City Council approved Resolu(on 2023-55, giving staff the flexibility to purchase meters from three new vendors for a total amount not to exceed $100,000. Staff recently discovered that two of the authorized vendors providing meter sizes between 3/4" to 2" are experiencing significant delays with delivery dates ranging from seven to nine months out. Through staff research, a new vendor, Badger Meter, has confirmed a sufficient number of meters in stock at their warehouse located in Sacramento, California. Badger Meter has meters and ancillary components that are compa(ble with the City system and is a well known vendor that provides meters for other municipalities within Napa County and the northern Bay Area.
Staff is reques(ng City Council approval of Badger Meter, as a fourth vendors to help ease the supply chain issues. By allowing flexibility of purchasing from four (4) approved vendors, staff can continue to maintain quality services to the growing community.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
24 Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
In prepara(on for the influx of new development, staff budgeted $100,000 in the adopted Fiscal Year 2023/24 Water Enterprise Fund, 510-50-565-43130 (Water Meters) to cover the proposed expenditures.
ENVIRONMENTAL REVIEW
15301 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 1 exemp(on of exis(ng facili(es of Sec(on 15301 of Title 14 of the California Code of Regula(ons and said exemp(on is not negated by any excep(on under Sec(on 15300.2 of said Regulations.
ATTACHMENTS:
1. Resolution-Annual Water Meter Purchase
25 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING
THE PURCHASE OF WATER METERS FROM BADGER METER WITHIN THE AUTHORIZED BUDGET OF $100,000
WHEREAS, the City of American Canyon regularly replaces old meters, installs new meters in various sizes to more accurately read and record flow measurement; and WHEREAS, in 2004 the City Council approved Sensus as the sole source for these items; and WHEREAS, In 2020 Aqua-Metric Sales, Co. (AMS) became the new Northern California representative for Sensus; and
WHEREAS, in 2023 AMS notified the City that they were having supply chain issues; and WHEREAS, on July 18, 2023, City Council approved Resolution 2023-55 authorizing three vendors: AMS, Ferguson Waterworks and M & M Backflow and Meter Maintenance, to supply compatible water meters; and
WHEREAS, all three of the approved vendors are now experiencing supply chain issues and staff needed to search out additional vendors to ensure the ability to maintain quality services to the community; and WHEREAS, an additional vendor, Badger Meter has been located and will provide compatible meters and ancillary components to the City; and
WHEREAS, there are sufficient funds in the FY 2023/24 budget, Water Enterprise Fund, account number 510-50-565-43130 (Water Meters), to cover these expenditures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves the purchase of water meters from Badger Meter within the authorized budget of $100,000.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of September 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 26 CITY COUNCIL AGENDA
SEPTEMBER 19, 2023
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 11.
TITLE
Amended Purchasing Policy and Procedures
RECOMMENDATION
Take the following actions related to the City's Purchasing Policy and Procedures:
1. Waive first reading, read by 5tle only, and adopt an Ordinance by the City Council of the City of American Canyon amending the American Canyon Municipal Code removing chapter 3.12 - Purchasing System.
2. Adopt Resolu5on of the City Council of the City of American Canyon approving the revised City Purchasing Policy and Procedures.
3. Adopt Resolu5on of the City Council of the City of American Canyon elec5ng City par5cipa5on in the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
CONTACT
Juan Gomez, Finance Director
BACKGROUND & ANALYSIS
The Purchasing Policy through the approval of the City Council grants the City Manager and staff authority to purchase or contract for supplies, services, and equipment. A clear and detailed purchasing policy provides direc5on to City staff when procuring goods and services. The City's current purchasing policy has been in place since 2007, including applicable authority levels for the City Manager and Department Heads. The proposed revised policy includes revisions to the City Manager's authority levels for approving purchases, clarifying language on coopera5ve purchase agreements, sole source, emergency purchases. The revised policy also includes language conforming with SB1383, requiring ci5es and coun5es in California procure a minimum amount of products made from recycled organic waste each year and the elec5on of the City to par5cipate in the California Uniform Public Construc5on Cost Accoun5ng Act (CUPCCAA) for public construc5on projects. Finally, as an administra5ve policy, staff recommends amending Title 3, of the City municipal code by removing chapter 3.12 "Purchasing System".
The current policy grants the City Manager authority to purchase supplies and equipment up to and including $25,000 and contract for services up to and including $50,000, addi5onally the current policy authorizes the City Manager to enter into change orders which cumula5vely do not exceed 20% of the original contract price. These limits have been in place since 2007 and over the 16 years, 27 CPI has increased 56%. The authority the City Manager had in 2007 can no longer procure the same amount of goods or services today, therefore staff recommends increasing the City Manager's authority to $100,000 for both goods and services as outline in the new proposed policy (Exhibit A).
In no instance will City Manager have authority to enter into agreements or contracts over $100,000 including change orders. Formal proposals and City Council approval will be required for all purchases over $100,000.
Purchasing Authority (Goods & Services)
Threshold
Department Head or
Designee
City Manager City Council
<$5,000 (no quotes or
bids)
X X
$5,000 to $25,000 (3
informal bids)
X X
$25,000.01 to $100,000 (3
informal bids)
X
>$100,000 (requires formal
proposals, RFP, RFQ, ITB)
X
Public Projects - California Uniform Public Construction Cost Accounting Act (CUPPCCA) Currently the City solicits informal bids for public projects under $50,000 and formal bids for projects over $50,000. The City is elec5ng to opt into CUPCCAA which was created in 1983 as an alterna5ve bidding procedure designed to reduce costs, expedite the award process and simplify administra5on of smaller projects. CUPCCAA is contained in the Public Contracts Code Sec5on 22000 through 22045. Pursuant to the act, projects for the construc5on, reconstruc5on, renova5on, altera5on, improvement, demoli5on or repair work of City-owned, leased or operated facili5es can be procured as follows.
Public projects of $60,000 or less can be procured by nego5ated contract or City's own employees by force account
Public projects of $200,000 or less can be procured by informal bidding procedures Public projects of greater than $200,000 will be procured by formal bidding procedures set forth in the act
SB 1383 Requirement
The revised policy includes language to comply with California law SB 1383. This law requires ci5es and coun5es to procure certain levels of materials derived from organic waste such as compost, and renewable gas used for transporta5on fuels. Addi5onally, the law requires agencies to procure recycled paper products consistent with the requirements of the Public Contract Code Section 22150 through Sec5on 22154 and requires agency to keep records and report on organic waste and 28 recycled content paper purchases.
Municipal Code Amendment
Title 3, chapter 3.12 "Purchasing System" of the City municipal code describes the purchasing procedures and authoriza5on limits. The current code contains processes and procedures that no longer aligns with the current purchasing policy or current prac5ce. For example, the municipal code iden5fies a purchasing agent in the finance department, however that classifica5on no longer exists. Also, the current purchasing responsibili5es rest with each individual department, however the municipal code iden5fies a centralized division in the finance department. When a change to the policy is made the change to the municipal code can be missed, resul5ng in the two not aligning.
The purchasing policy is an administra5ve policy managed by the Director of Finance and changes to the policy shall be approved by the City Council as it delegates purchasing authority and limits to the City Manager and staff. In order to align both the policy and the municipal code, a resolu5on and an ordinance is required, and the 5ming of the changes differs. The policy is in effect as soon as the resolu5on is adopted and the ordinance 30 days aIer final adop5on. As an administra5ve policy delega5ng authority, providing guidance to staff on the purchase of goods and services, and the methods to follow, staff recommends the removal of the purchasing system in the City of American Canyon Municipal Code.
Other clarifying language on ethical guidelines, responsibili5es, sole source procurements and coopera5ve purchase agreements are included to beJer guide City staff when solici5ng, contrac5ng and purchasing goods and services. Staff has reviewed the proposed amendments to the policy with the Finance Committee on September 14th.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
There is no direct fiscal impact associated with this item. Purchase of goods and services will adhere to budgetary limits in the adopted City budgets.
ENVIRONMENTAL REVIEW
15378(b) - The ac5on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec5ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. ORDINANCE 2023 - Purchasing
2. Resolution Purchasing Policy and Procedures
3. Resolution Adopting CUPCCAA
4. REDLINE Purchasing System Chapter 3.12
29 Exhibit A. City of American Canyon Purchasing Policy 30 ORDINANCE NO. 2023‐
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, STATE OF CALIFORNIA, AMENDING TITLE 3 OF CITY OF AMERICAN CANYON MUNICIPAL CODE TO REMOVE CHAPTER 3.12 PURCHASING SYSTEM
WHEREAS, the City of American Canyon ("City") seeks to adopt an amended Purchasing Policy and Procedures; and
WHEREAS, Chapter 3.12 addresses purchasing processes and authorization limits for the City Manager and City staff; and
WHEREAS, the current ordinance includes old language that no longer aligns with current processes and authorization limits; and
WHEREAS, the Administrative Policy: Purchasing Policy and Procedures guides staff regarding the procurement of goods, equipment and services including ethical guidelines and responsibilities; and
WHEREAS, the current Purchasing Policy and Procedures have been in place since 2007; and WHEREAS, city staff is proposing a new amended Purchasing Policy and Procedures to better align with current processes and increased authorization limits to reflect current day costs of procuring goods and services; and
WHEREAS, having a Council approved administrative policy would provide adequate guidance on procurement activities and authorization limits;
NOW THEREFORE, THE CITY OF AMERICAN CANYON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Remove chapter 3.12 of the American Canyon Municipal Code “Purchasing System”
SECTION 2. Adopt the updated American Canyon Municipal Code removing Title 3, Chapter 3.12 “Purchasing System”.
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 removes the purchasing system from the 31 municipal code, 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 section 36937.
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 3rd day of October 2023 by the following vote:
Ayes:
Nays: None
Abstain: None
Absent: None
_____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 32 RESOLUTION NO. 2023‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON
ADOPTING AMENDED PURCHASING POLICY AND PROCEDURES
WHEREAS, the City of American Canyon takes it stewardship over the use of its limited public resources seriously; and
WHEREAS, the Administrative Policy: Purchasing Policy and Procedures guides staff regarding the procurement of goods, equipment and services including ethical guidelines and responsibilities; and WHEREAS, the current policy and procedures have been in place since 2007; and WHEREAS, the amended policy increases the City Manager’s authorization limits to reflect increases in the current cost of procuring goods, equipment and services; and WHEREAS, the amended policy includes language to comply with California law SB 1383, including procuring paper products consistent with the requirements of the Public Contract Code Section 22150 through Section 22154, and procuring eligible mulch produced from recovered organic waste; and WHEREAS, the City desiresto elect and become subject to the California Uniform Public Construction Cost Accounting Act for the purpose of awarding public project contracts, saving administrative time and costs in awarding contracts for public projects; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby adopts the revised Purchasing Policy and Procedures as shown in Exhibit A.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of September, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
Leon Garcia, Mayor
ATTEST:
_______________________________ _____________________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 33 RESOLUTION NO. 2023‐______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON ADOPTING
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and
WHEREAS, Public Contract Code section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, the City desires to elect and become subject to Uniform Public Construction Cost Accounting Procedures for the purpose of awarding public project contracts set forth in the Public Contract Code section 22000 et seq.; and
WHEREAS, the City finds that utilizing the procedures outlined in the Uniform Public Construction Cost Accounting Act may save administrative time and expense and will be in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby elects under Public Contract Code section 22030 to become subject to the Uniform Public Construction Cost Accounting procedures set forth in the Act and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs City staff to notify the State Controller of this election.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of September, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST:
_______________________________
Taresa Geilfuss, City Clerk
34 Chapter 3.12 PURCHASING SYSTEM
3.12.010 Adoption of purchasing system.
In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted. Approval thresholds delineated for purchases of supplies and equipment and services are as specified on Chart A as shown at the end of this chapter, in accordance with the fiscal policy adopted by the city council on April 19, 2007. (Ord. 2007-05, 2007.)
Prior Codifications
Previously codified as 3.12.010
3.12.020 Centralized purchasing division.
There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment.
Prior Codifications
Previously codified as 3.12.020
35 3.12.030 Purchasing agent.
There is created the position of purchasing agent, who may also be known as the "purchasing officer." He or she shall be appointed by the director of finance and general services subject to the approval of the city manager. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to:
(A) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed in this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the council or the city manager;
(B) Negotiate and recommend execution of contracts for the purchase of supplies and equipment;
(C) Act to procure for the city the needed quality in supplies and equipment at least expense to the city;
(D) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
(E) Prepare and recommend to the council rules governing the purchase of supplies and equipment for the city;
(F) Prepare and recommend revisions and amendments to the purchasing rules; 36 (G) Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
(H) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations;
(I) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications;
(J) Recommend the transfer of surplus or unused supplies and equipment between departments as needed;
(K) Maintain an approved vendors list, vendors' catalogue file and records needed for the efficient operation of the purchasing division.
Prior Codifications
Previously codified as 3.12.030
37 3.12.040 Purchasing regulations.
The purchasing agent shall be responsible for determining that the regulations and procedures in Sections 3.12.050 through 3.12.110 are carried out.
Prior Codifications
Previously codified as 3.12.040
3.12.050 Exemptions from centralized purchasing.
The city manager may authorize, in writing, any department to purchase specified supplies and equipment independently of the purchasing division; but he or she shall require that such purchases shall be made in conformity with the procedures established by this chapter and shall further require periodic reports from the department on the purchases made under such written authorization.
Prior Codifications
Previously codified as 3.12.050
Cross References
Section 3.12.040
38 3.12.060 Estimates of requirements.
All using departments shall file detailed estimates of their requirements in supplies and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe.
Prior Codifications
Previously codified as 3.12.060
3.12.070 Requisitions.
Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the purchasing rules and regulations.
Prior Codifications
Previously codified as 3.12.070
39 3.12.080 Purchase orders.
Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained.
Prior Codifications
Previously codified as 3.12.080
3.12.090 Encumbrance of funds.
Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.
Prior Codifications
Previously codified as 3.12.090
3.12.100 Inspection and testing.
The purchasing agent shall, in his discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids and 40 samples of deliveries which are necessary to determine their quality and conformance with specifications.
Prior Codifications
Previously codified as 3.12.100
3.12.110 Bidding.
Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.12.120 through 3.12.260. Bidding may be dispensed with only under conditions stated in Section 3.12.270.
Prior Codifications
Previously codified as 3.12.110
Cross References
Section 3.12.040
3.12.120 Formal (sealed) bid procedures.
Except as otherwise provided in this chapter, public projects, as defined in Section 20161 of the Public Contracts Code, and purchases of supplies and equipment of an estimated value greater 41 than the threshold amount listed on Chart A at the end of this chapter shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure as hereinafter prescribed. (Ord. 94-01 § 4, 1994; Ord. 2007-05, 2007.)
Prior Codifications
Previously codified as 3.12.120
Cross References
Section 3.12.110
3.12.130 Notice inviting formal bids.
Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids.
Prior Codifications
Previously codified as 3.12.130
3.12.140 Published notice for formal bids.
Notices inviting formal bids shall be published at least ten days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects at least twice, not less than five 42 days apart for public projects, in a newspaper of general circulation in the city.
Prior Codifications
Previously codified as 3.12.140
3.12.150 Approved vendors list.
The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto.
Prior Codifications
Previously codified as 3.12.150
3.12.160 Bulletin board notice.
The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the city offices.
Prior Codifications
Previously codified as 3.12.160
43 3.12.170 Bidder's security.
(A) When a public project is involved, and in other cases when deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. (B) The council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise.
Prior Codifications
Previously codified as 3.12.170
3.12.175 Other formal bond requirements.
A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the council, in an amount reasonably necessary to protect the best interests of the city. In addition, the council shall have authority to require a faithful performance bond or other 44 bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.
Prior Codifications
Previously codified as 3.12.175
3.12.180 Formal bid opening procedure.
Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than thirty calendar days after the bid opening.
Prior Codifications
Previously codified as 3.12.180
3.12.190 Rejection of formal bids.
In its discretion, the council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure prescribed in this chapter. However, when all bids exceed the authorized budgeted amount, the city manager may authorize rejection of all bids and authorize 45 rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed in this chapter.
Prior Codifications
Previously codified as 3.12.190
3.12.200 Award of formal bid contracts.
Except as otherwise provided in this chapter, formal bid contracts shall be awarded by the council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract.
Prior Codifications
Previously codified as 3.12.200
3.12.210 Tie formal bids.
If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the council 46 may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.
Prior Codifications
Previously codified as 3.12.210
3.12.215 No formal bids.
When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his recommendation shall be represented to the city manager and award, if any, shall be made in accordance with applicable provisions prescribed in this chapter.
Prior Codifications
Previously codified as 3.12.215
47 3.12.230 Open market or informal bid procedure.
Purchases of supplies and equipment of an estimated value of less than the amount as specified on Chart A at the end of this chapter may be made by the purchasing agent in the open market pursuant to the procedure prescribed.
(Ord. 2007-05, 2007.)
Prior Codifications
Previously codified as 3.12.230
3.12.240 Minimum number of informal bids.
Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the city after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors.
Prior Codifications
Previously codified as 3.12.240
48 3.12.250 Notice inviting informal bids.
The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the city offices.
Prior Codifications
Previously codified as 3.12.250
3.12.260 Record of informal bids.
The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of one year. This record, while so kept, shall be open to public inspection.
Prior Codifications
Previously codified as 3.12.260
Cross References
Section 3.12.110
3.12.270 Exceptions to competitive bidding requirement.
Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances:
49 (A) When the estimated amount involved is less than two thousand five hundred dollars; (B) When the commodity can be obtained from only one vendor, (C) The city manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this section shall be submitted to the council for ratification at the next regular council meeting after the purchase is authorized;
(D) The council may authorize the execution of contracts for personal services, for professional and consultant services, and for other, nonpublic projects and for contractual services without observing the bidding procedures provided in this chapter where the amount of the contract exceeds the value of five thousand dollars;
(E) The city manager and department directors are authorized to enter into contracts for personal services, for professional and consulting services and for other contractual services without observing the bidding procedure provided here where the amount of the contract does not exceed the amount as specified on Chart A at the end of this chapter; (F) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity;
(G) The council may authorize the execution of a lease or leases for office space for the city government without observing the bidding procedures provided in this chapter irrespective of the 50 term of the lease or leases or the amount of rent and other charges to be paid by the city under the lease or leases.
(Ord. 2007-05, 2007.)
Prior Codifications
Previously codified as 3.12.270
Cross References
Section 3.12.110
3.12.275 Local business preference policy.
The council may, by resolution, adopt a local business preference policy which otherwise complies with the regulations of this chapter.
(Ord. 2015-11 § 1, 2015.)
3.12.280 Regulation re selection of contract services.
The council shall by resolution prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such 51 procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness.
Prior Codifications
Previously codified as 3.12.280
3.12.300 Surplus supplies and equipment.
All using departments shall submit to the purchasing agent, at such times and in such forms as he or she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete and worn out.
Prior Codifications
Previously codified as 3.12.300
52 3.12.310 Surplus supplies—Trade-ins.
The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for city use.
Prior Codifications
Previously codified as 3.12.310
3.12.320 Surplus supplies—Sale.
The purchasing agent shall also have authority, subject to approval of the city manager, to dispose of surplus supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the city.
CHART A
53 APPROVAL REQUIREMENTS
PURCHASES OF SUPPLIES AND EQUIPMENT AND SERVICES
Threshold Department Head City Manager City Council
SUPPLIES AND EQUIPMENT
Less than $5,000
$5,000 to $25,000
(requires 3 informal proposals)
Exceeding $25,000
(requires formal proposals)
SERVICES
Less than $10,000
$10,000 to $50,000
(requires 3 informal proposals)
Exceeding $50,000
(requires 3 formal proposals)
Petty Cash Reimbursement Limit $100.00
Denotes signature approval
Denotes council authorization
Prior Codifications
Previously codified as 3.12.320
54 Revised 09/2023 1
CITY OF AMERICAN CANYON
Purchasing Policy and Procedures
PURPOSE
This Purchasing Policy ("Policy") provides an overview of the standards and methods which will guide the City of American Canyon (City) in purchasing goods (equipment, materials, and supplies) (see, Cal. Gov. Code § 54202); contracting for services; and for the construction, repair and maintenance of Public Projects (see, Cal. Pub. Contract Code § 22002(c)) (together "Procurement Activities"). It shall be the City’s policy to procure all goods and services in an open, fair and competitive manner that permits, wherever possible, the City to receive the best quality and best value.
OBJECTIVES
To provide a uniform system to obtain supplies, materials, equipment, and services in an efficient and timely manner;
To facilitate responsibility and accountability with the use of City resources; To ensure equal opportunity and competition among suppliers and contractors; To promote effective relationships and clear communication between the City and its suppliers and contractors;
To comply with the comprehensive State procurement statutes which govern expenditures of public funds; and
To obtain the maximum benefit from every tax dollar spent.
ETHICAL GUIDELINES
Purchasing from or contracting with a business entity wholly or partially owned or operated by a City employee, or employee’s spouse is prohibited unless approved in advance by the City Manager. Any employee with such an ownership interest must have no official (City) role in the contracting process.
Purchasing from or contracting with a business entity wholly or partially owned or operated by a family member of a City employee must be approved in advance by a Department Head in writing. To avoid any purchasing conflicts and contract administration issues, any City employee with a familial relationship with a City contractor must disclose the relationship to his or her Department Head. Such employees must have no official (City) role in the contracting process. A familial relationship is defined as a grandparent, grandchild, parent, child, son-in-law, daughter-in-law, parent-in-law, or sibling relationship. A City employee should notify Department Head and may not participate in the contracting process if he or she has a financial interest with any person, firm, or business entity involved with providing goods or services to the City.
Departments must make every attempt to ensure open and competitive purchases. 55 2
Splitting purchases for the purpose of evading the procedures outlined in this document is strictly prohibited.
The receipt of any monetary or non-monetary gifts, gratuities, promotional items, rebates, or kickbacks of any value from a prospective or actual contractor or vendor to a City employee is prohibited.
Treat all prospective contractors, vendors and consultants in a fair and equitable manner.
RESPONSIBILITY
This policy addresses the procurement of equipment, materials, supplies, maintenance services, and professional services. Procurement of public works projects is defined by the California Public Contract Code. All public works products shall be procured consistent with the provisions of the California Labor Code.
The Finance Director is responsible for developing this document. Administrative changes to this policy shall be approved by the City Council or delegated to City Manager. The City Attorney or other Attorneys retained by the City do not have any financial authority but are responsible for the review of items directed to them by the department director or City Manager. These reviews could be contracts, Purchase Orders (PO), or other Professional Services as defined in this document.
Purchasing is decentralized, with each Department Head responsible for coordinating purchasing efforts in his/her operations. Initiated through a departmental Requisition (REQ), Finance shall approve and create Purchase Orders (PO) after appropriate documents, approvals, legal review and signatures are obtained. Purchase orders are required for all purchases that are $5,000 or greater. When a PO is created in the financial system, it creates an encumbrance against the available budget.
No requisition lacking sufficient appropriation levels as set in the adopted budget will be undertaken. Purchases shall not be split to avoid required bid levels or authorizing dollar limits. All procurement activities involving the expenditure of federal funds shall be conducted in compliance with the Procurement Standards codified in 2 C.F.R. § 200.317 through § 200- 326 unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. The City will follow all applicable local, state, and federal procurement requirements when expending federal funds.
Blanket Purchase Orders should be used for routine and repetitive procurement of materials, goods, and maintenance or professional services.
Competitive bids shall be sought using the scope and dollar limits outlined herein. A minimum of three quotes are required, however other procurement methods outlined in this document are allowed. Requests for Bids should consider the quality necessary to meet the City’s needs. 56 3
The requesting department shall verify the existence of a valid City business license and applicable insurance coverage in contracting for the delivery of in-city or on-site services. Emergency purchases are allowed under the conditions set forth herein. Purchasing goods and services from local vendors is desired because it stimulates the local economy and recognizes that our local vendors are valued members of the community. If factors such as quality, previous performance, and availability are equal among vendors, a vendor whose business is located in the City of American Canyon should be actively considered for award of a contract if their quote or bid is within 5% of the low bid.
PROCUREMENT METHODS
A. Goods: Equipment, Materials, and Supplies (Including freight & taxes)
1. Less than $5,000 - Purchases of equipment, materials, and supplies less than Five Thousand Dollars ($5,000), do not need solicitation of competitive quotes, bids, or proposals. Departments will attempt to secure the best value and will document that the price obtained is fair and reasonable.
2. $5,000 - $100,000 - Purchases of equipment, materials, and supplies between Five Thousand ($5,000) and One Hundred Thousand Dollars ($100,000), requires the solicitation of informal quotes from at least three vendors. Written or email quotes are required, telephone quotes are not allowed. In the event that the minimum number of quotations cannot be obtained, evidence of the attempt should be documented and kept on file. All quotes must be documented and submitted as part of the approved requisition prior to PO issuance.
3. Greater than $100,000 - Purchases of equipment, materials, and supplies greater than One Hundred Thousand Dollars ($100,000), require formal bids by the requesting department and Council approval before award. This entails the preparation of written specifications, vendor solicitations, and sealed bids. The requesting department shall contact as many vendors as necessary to obtain as many bids as possible.
4. Leasing of Equipment - The provisions of Section A will apply to leasing of equipment and the estimated expenditure will be based on the total rental payments due under the lease.
5. Bid Cancellations – The requesting department may cancel an invitation for bids, a request for proposal or other solicitations and may reject some or all bids or proposals when it is determined that cancellation or rejection serves the best interest of the City. 57 4
B. Services
1. Less than $5,000 – Contracting for services less than Five Thousand Dollars ($5,000), do not need solicitation of competitive quotes, bids, or proposals. Departments will attempt to secure the best value and will document that the price obtained is fair and reasonable.
2. $5,000 - $100,000 - Contracting for services between Five Thousand ($5,000) and One Hundred Thousand Dollars ($100,000), requires the solicitation of informal quotes from at least three vendors. Written or email quotes are required, telephone quotes are not allowed. In the event that the minimum number of quotations cannot be obtained, evidence of the attempt should be documented and kept on file. All quotes must be documented and submitted as part of the approved requisition prior to PO issuance.
3. Greater than $100,000 - Contracting for services of greater than One Hundred Thousand Dollars ($100,000), require formal bids by the requesting department and Council approval before award. This entails the preparation of written specifications, vendor solicitations, and sealed bids consistent with applicable law. The requesting department shall contact as many vendors as necessary to obtain as many bids as possible.
4. Qualifications Based Solicitations - Pursuant to California Government Code Section 4525 et seq. (the Mini-Brooks Act), the City of American Canyon will use qualifications-based competitive proposal procedures for the procurement of architectural, landscape architectural, engineering, environmental, land surveying or construction project management services regardless of the contract value. Under this method, proposals will be evaluated based upon the professional qualifications necessary for the satisfactory performance of the services required and demonstrated competence.
5. Bid Cancellations – The requesting department may cancel an invitation for bids, a request for proposal or other solicitations and may reject some or all bids or proposals when it is determined that cancellation or rejection serves the best interest of the City.
6. Additional Requirements for Services Contracts
a. No services contract will exceed a five-year term that includes a three-year base term and up to two option years. Notwithstanding the foregoing sentence, for project-based services contracts, the term of the contract should coincide with the term of the project to the extent feasible. All services contracts will include an expiration date.
b. Consultants may be compensated on the basis of a fixed fee, time and materials, or other method determined to be in the best interest of the City. c. For recurring services, the City will endeavor to re-solicit the services contracts at least every five years, unless a shorter period is appropriate based on the term of the contract.
58 5
d. For on-call services contracts, where the services to be furnished by the consultant will vary based on the City's needs, the actual services to be provided will be described in the specific work directive or task order. e. The City may purchase services without further competition under the following conditions:
If the City rejects all proposals received in connection with a procurement soliciting formal written proposals, or
When no proposals are received in response to a solicitation for formal written bids or proposals, in which case the City Manager is authorized to procure the required item through direct negotiations with a vendor or to resolicit as appropriate.
Emergency Contracts, as described in Section F.
C. Public Projects
The City of American Canyon has opted in to the California Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq., the "Act”) Pursuant to the Act, projects for the construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, painting, or repainting of City-owned, leased, or operated facilities ("Public Projects") will be procured as follows:
1. $60,000 or Less - Public Projects of Sixty Thousand Dollars ($60,000) (or the current threshold set forth in California Public Contract Code Section 22032(a)) or less may be let by negotiated contract, purchase order or performed by the City's own employees by force account.
2. $200,000 or Less - Public Projects of Two Hundred Thousand Dollars ($200,000) (or the current threshold set forth in California Public Contract Code Section 22032(b)) or less may be let by informal bidding procedures.
3. Greater than $200,000 - Public Projects of more than Two Hundred Thousand Dollars ($200,000) (or the current threshold set forth in California Public Contract Code Section 22032(c)) will be let by formal bidding procedures set forth in the Act.
4. Pre-Qualified List – A list of contractors may be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (CUCCAC).
5. Award of Contract – The City Manager or Director of Public Works are authorized to award public project contracts let under these procedures.
6. Project Labor Agreement (PLA) – The City entered into a PLA with the Napa Solano Building and Construction Trades and affiliated local Unions. The PLA applies to City public construction projects that exceed the monetary threshold set forth in Section 59 6
22032(c) of the California Public Contract Code, currently $200,000. The City and Unions/Contractors shall comply with the provisions set forth in the PLA.
7. Bonding Requirement - A faithful performance bond, and labor and material bond shall be required for all public projects, unless waived by the Public Works Director for contracts less than $25,000 or waived by the City Council for contracts equal to or greater than $25,000. In addition, the council shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.
8. Bidder’s Security - When a public project is involved, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract.
In the event that the monetary limits specified in Sections 22032 and 22034 of CUPCCAA are amended by the State Legislature or adjusted by the State Controller, such amendment in monetary limits shall prevail and apply.
D. Cooperative Purchasing
Cooperative Purchasing may be a benefit to the City through economies of scale and the City may avail itself of national, state, and local intergovernmental agreements for procurement or use of common equipment, materials, supplies, and services. Joint procurements, state cooperative purchasing programs, and assignment of existing contract rights ("piggyback" procurements) with other public agencies may be used when consistent with applicable regulatory requirements. Such programs may be used in lieu of following the competitive solicitation requirements set forth in this policy.
In some instances, the use of a supplies or materials vendor chosen via cooperative purchasing may require the use of their delivery/installation vendor due to technical knowledge of product, in which case that second vendor can be procured via this same cooperative purchasing method.
E. Sole Source
Sole source procurements involve services and/or supplies that can only be practically obtained from one source. Justification will be based on the following:
1. The contractor or supplier is the only source capable of competently and efficiently providing the required service or supply.
2. The contractor or supplier is the only source permitted to provide the service or supply based on the manufacturer’s agreement acting as the sole representative in the geographical area.
60 7
3. The person requesting the purchase is to prepare written correspondence justifying and describing the reason for the sole source purchase and must have the approval of the department director. This documentation must be submitted to Finance along with the requisition for approval.
F. Emergency Purchases
For the purposes of this section, an emergency shall be deemed to exist if:
A public disaster occurs; or
An emergency is declared by the City Council or City Manager There is an immediate need to prepare for national or local defense; or There is a breakdown in machinery or an essential service that requires the immediate procurement of supplies and equipment to protect the public health, welfare, or safety; or
Public health, welfare, or safety would be greatly hampered if there was an undue delay in the procurement of the needed item
Authority - The City is not required to engage in competitive bidding in an emergency situation. The City Manager or designee holds the authority to waive any procedures in these instructions that are not statutorily mandated when making emergency purchases of supplies, equipment, materials, or services.
If the purchase equals or exceeds $100,000 for construction work, supplies, equipment, materials or services (including professional services), after-the-fact ratification is to be obtained from City Council at the soonest possible public meeting following the event.
If at the time of the emergency, neither the City Manager nor designee is available, department heads may order the needed commodity from the nearest available source.
As they become accessible, the City Manager, designee, and Finance should be immediately notified of the purchase.
G. Information Technology Purchases
IT (Consultant or Assistant City Manager) is required to be consulted to ensure compliance with City hardware and system standards. Similarly, IT is required to be consulted for any planned purchases of software and hardware arising during the budget process and in the development of system specifications.
H. City Council Managed Contract
The contract for professional legal services related to the City Attorney is not under the authorization of the City Manager. Selection and retention of City Attorney is based on City Council review as needed.
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Recycled Products and Recovered Organic Waste
A. Purpose
The City of American Canyon recognizes its responsibility to minimize the negative environmental impacts of the City’s activities by ensuring the procurement of services and products that reduce toxicity; conserve natural resources, materials, and energy; and maximize recyclability and recycled content while supporting a diverse, equitable, and vibrant community and economy.
The purpose of this policy is to support procurement decisions that align with the City’s sustainability standards and goals. This policy is applicable to all departments and divisions, to incorporate environmental considerations including recycled-content paper and recovered Organic Waste product use into purchasing practices and procurement.
The City shall comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
B. Policy
It is the policy of the City to purchase products that are recyclable or reusable or contain recycled materials if the quality and fitness of such products are equal to unrecycled products, and are available at the same or a lesser total cost than non-recycled products.
The City shall continue its leadership role in diverting and reducing waste, as well as closing the recycling loop by purchasing recycled products whenever technically and economically feasible. Nothing in this policy shall be construed as requiring a department to procure products that do not perform adequately for their intended use or are not available at a reasonable price or in a reasonable period of time.
C. Requirements for City Departments or Procurement Practices If the fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, departments of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the California Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
1. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
2. Provide records to the City of all Paper Products and Printing and Writing Paper 62 9
purchases on a schedule to be determined by the City and not less than annually (both recycled content and non-recycled content, if any is purchased) made by a division or department or employee of the City.
D. Requirements for Vendors
1. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:
2. Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper meet the percentage requirements below, by fiber weight, post-consumer fiber, if fitness and quality are equal to that of the non-recycled item and available at an equal or lesser price.
Recycled-Content Printing and Writing Paper – At least 30% by fiber weight, postconsumer fiber.
Toilet Paper – At least 45% by fiber weight, post-consumer fiber.
Toilet Seat Covers – At least 20% by fiber weight, post-consumer fiber.
Facial Tissue – At least 10% by fiber weight, post-consumer fiber.
General purpose paper wipers: Paper towels, napkins, plates, bowls, food trays, takeout boxes, placemats, ect. – At least 40% by fiber weight, post-consumer fiber.
3. All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, post-consumer fiber, or as amended by California Public Contract Code Section 12209.
E. Compost and SB 1383 Eligible Mulch procurement.
Divisions and departments responsible for landscaping maintenance shall:
1. Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in the Glossary section of this Policy, for landscaping maintenance as practicable, whenever available, and capable of meeting quality standards and criteria specified.
2. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the City, on a schedule to be determined by City.
Records shall include:
a. General procurement records, including:
(i) General description of how and where the product was used and applied, if applicable;
63 10
(ii) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or procurement. b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the City in accordance with the requirements specified in Section 3.
3. When a Direct Service Provider for the City procures compost or mulch, enter into a written contract or agreement or execute a purchase order between the City and Direct Service Provider with enforceable provisions that include: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.
a. Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, Jurisdiction shall:
1. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the Jurisdiction.
2. Keep records in the same manner indicated in Section 3 for the amount of Renewable Gas procured and used by the Jurisdiction, including the general procurement record information specified in Section 3, and submit records to the City on a schedule to be determined by the City and not less than annually. Jurisdiction shall additionally obtain the documentation and submit records specified in Section 3 below, if applicable.
64 11
Purchasing Authority
Finance maintains a signature list, including individual approval dollar limits and areas of responsibility, of employees designated by department heads, to approve and sign for purchases.
A sample copy of each authorizing signature facsimile is maintained in Finance for audit verification. Department Heads may delegate signing authority up to a maximum of $25,000 to a Division Manager or Supervisor but must submit such authorization in advance via the signed signature list previously referenced herein. Overall functional signing limits are established as displayed in the following chart. Purchase requests received by Finance lacking appropriate approvals will be returned promptly to the issuing department before any purchase order is issued and/or payments are processed. Any late charges arising from such processing delays will need to be charged against the requesting department’s budget.
Purchasing Authority
Purchases of Goods & Equipment, and Services
Threshold
Department
Head or
Designee
City
Manager
City
Council
<$5,000 (no quotes or bids) X
$5,000 to $25,000 (requires 3 informal proposals) X
$25,000.01 to $100,000 (requires 3 informal proposals) X >$100,000 (requires formal proposals, RFP, RFQ, ITB) X Provided sufficient budget exists and final invoice is to be paid, PO’s can exceed listed amount by no more than 10% for contingency purposes. In no instance can a PO including contingency exceed City Manager Authority without City Council approval.
Public Works Projects (California Public Contract Code Section 22000 et seq.) Threshold
Public Works
Director
City
Manager City Council
$60,000 or less (negotiated Contract or 3 informal
proposals, or performed by City Employees) X (<$25k)
$60,000 to $200,000 (requires 3 informal proposals)
X
(≤$100k)
X
(>$100k)
>$200,000 (requires formal bidding procedures) X 65 12
Surplus Supplies and Equipment
When a department has determined that equipment has become surplus, and has no use for any City department, they may dispose of it in the following manner:
A. Trade-In
Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property. If surplus property is to be applied to a purchase order, the trade-in value shall be itemized on the Purchase Order.
B. Return to Manufacturer
Surplus property may, when possible, be returned to the manufacturer for buyback or credit toward the purchase of new equipment.
C. Disposal
Surplus property may be offered for sale or donation upon approval by the City Manager, or designee using the asset disposal form consistent with applicable law. All surplus property for sale or donation is “as is” and “where is”, with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability or the property offered for sale. Appropriate methods of sale are as follows:
Public Auction. Surplus property may be sold at public auction. Public Auctions may be conducted by City staff or the City may contract with a professional auctioneer including professional auction services.
Sealed Bids. Sealed bids may be solicited for the sale of surplus property.
Surplus property disposed of in this manner shall be sold to the highest responsible bidder.
Selling for Scrap. Surplus property may be sold as scrap if the Finance Director, or designee, determines that the value of the raw material exceeds the value of the property as a whole.
Negotiated Sale/Donation. Surplus property may be sold outright if the Finance Director, or designee, determines that only one known buyer exists. Surplus property may be donated to a local non-profit recipient if available or interested in acquiring the property with City Manager approval.
Departments may not:
Sell it or give away to any City staff, their families, or their friends Sell it or give away to any vendor without following one of the options listed above 66 13
Additional Matters
Insurance: It is the City’s practice to transfer as much risk as possible from the City to the supplier or contractor. Therefore, insurance is required from any contractor performing work for the City. This is especially the case for services provided on City property.
Taxes: The City pays sales or use tax on most purchases as defined by the California Department of Tax and Fee Administration. This amount is added to the taxable subtotal of your order (certain items such as labor or transportation may or may not be taxable). Use tax, which is equivalent to the sales tax rate, is collected on many out-of-state purchases where the state originating the sale does not collect California State sales tax on behalf of the State. It is important to identify the applicability of Use Tax in bid costing to avoid an unintentional budget overrun.
Shipping and Installation Costs: In developing, accepting, and evaluating good and material bids, it is incumbent on City staff to ensure that costs include any related shipping and/or installation costs and request such information from the subject vendors. In all cases, developing the full costs of purchase is critical to the budget process.
Payments Terms & Frequency: The City’s payment terms are net 30 days from the billing/invoice date. Vendor agreements should be established using this standard and clearly communicated to them.
Conflict of Interest/Third Party Transactions: In order to maintain public trust and confidence in the integrity of purchasing transactions, no City employee who has a real or apparent conflict of interest should participate in the transaction.
Establishing New Vendors: One element of fiduciary responsibility is maintaining strict control over the open accounts established under the City’s name. Therefore, the City has instituted a practice whereby Finance has control over the creation of all new vendor accounts and the submission and completion of credit applications for open accounts. W-9s are required for all new vendors without exception.
Grant Funding: Federal or other grant programs may require special conditions which are more stringent than City procedures. It is the responsibility of the department accepting the grant to ensure that all grant provisions are complied with.
Independent Contractors: The Internal Revenue Service (IRS) and the California Employment Development Department (EDD) require independent contractors to provide a W-9 form to the City including the business type (sole proprietor, corporation, or partnership) and document the taxpayer identification number (Social Security or federal identification number). Finance must receive the W-9 when a requisition or invoice is processed for a new vendor. Failure to provide this form will result in non-payment of an invoice or delaying the processing of a requisition. 67 14
Glossary
Bid: A proposal to provide goods and services submitted in accordance with the request for bid documents.
Bidder: A person or entity who submits a bid.
Blanket Purchase Order (BPO): A method by which departments may purchase materials from a specific vendor continuously throughout a specified time period. Orders for materials not available from BPO vendors can be purchased by credit card or through the purchase requisition/purchase order process as described within this document.
Change Order: An amendment to an original purchase order authorizing a change in the scope of work; adjustment in the contract sum or contract time; or cancellation of parts or all of a purchase order.
Check Request: The form used to request that Finance process payment to a vendor or contractor. The form accommodates several uses, including Direct Payments, Blanket Purchase Order payments as well as partial payments against existing purchase orders and contracts.
Compost (SB 1383 Eligible): The product resulting from the controlled biological decomposition of organic solid wastes that are source-separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).
Contract: An agreement between two or more parties to do something which is set forth in writing and is enforceable by law.
Cooperative Purchasing Agreement (CPA): The purchase of goods, materials, or services which is entered into by one or more local government entities. The expected impact is to increase volume and/or competition which will result in greater savings.
Direct Service Provider: A person, company, agency, district, or other entity that provides a service or services to the City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
Electricity Procured from Biomass Conversion: Electricity is generated from biomass facilities that convert recovered Organic Waste, such as wood from the municipal stream, into electricity.
Informal Bid: A proposal to provide materials, supplies, and/or maintenance services in amounts up to and including $100,000 in estimated value. Responses are generated from City requests and bids should be obtained by written quotes. Public Works Projects shall follow monetary limits specified in the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
Formal Bid: A proposal to provide materials, supplies, and/or maintenance services equal to or exceeding $100,000 in estimated value. A sealed formal bid is submitted in response to the City’s Request via a Request for Proposal and may require advertised publication based upon defined dollar limits. Public Works Projects shall follow monetary limits specified in the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
68 15
Organic Waste: Solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
Packing List: A list of supplies requested which includes stock number, item description, quantity requested, and a number of items delivered.
Paper Products: Includes, but is not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
Project Labor Agreement: A pre-hire collective bargaining agreement between one or more labor organizations (often negotiated by the local Building Trades and Construction Council) and the owner of a project, which establishes the terms and conditions of employment on the project work. The purpose of a PLA is to facilitate the delivery of the project with minimal labor-related disruptions which would adversely impact the public and/or delay the project.
Printing and Writing Papers: Includes, but is not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
Professional Service: A specialized type of service typically provided by those requiring extensive educational, certification, and experience standards. Examples of professional services contracts include, but are not limited to, those of accountants, actuaries, appraisers, architects, attorneys, brokerage firms, business consultants, business development managers, copywriters, dentists, distributors, engineers, law firms, physicians, public relations professionals, recruiters, researchers, real estate brokers, translators, software engineers, value-added resellers and web designers. While not limited to those holding professional licenses, the services are considered "professional" and the contract may run to partnerships, firms, or corporations as well as to individuals.
Purchase Order (PO): The document that obligates the purchase of goods or maintenance services and is above the limit for procurement as a direct vendor payment.
Purchase Requisition: The document used by departments to request goods or maintenance services and is above the limit for procurement as a direct vendor payment.
Quality: The extent to which the actual minimum needs of the end-users are satisfied.
Recovered Organic Waste Products: Products made from California, landfill-diverted recovered Organic Waste, processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet the requirements 69 16
of 14 CCR, Division 7, Chapter 12, Article 12.
Recyclability: The Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).
Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper:
Products that consist of at least thirty percent (30%), by fiber weight, post-consumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.
Renewable Gas: Gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
Request for Proposal (RFP): Used to request information and pricing from contractors or suppliers. Typically, RFPs are utilized for non-commodity-type items where the expertise of the contractor is vital criterion in the selection process. While price/cost is an important component of the selection process, it is not the only factor in the selection process.
SB 1383: Senate Bill 1383 of 2016 was approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or SB 1383 Regulatory: Refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
SB 1383 Eligible Mulch: Mulch is eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10); ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
Service Contract: A service contract means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to solely 70 17
furnish an end item of supply. A service contract may cover services performed by either professional or non-professional personnel whether on an individual or organizational basis.
Sole Source Purchase: One where there is only a single vendor capable of providing an item or service, and therefore it is not possible to obtain competitive bids.
Specifications: A complete and accurate statement or set of statements covering the physical, functional, or technical characteristics of goods or services needed, a description of any requirements for inspecting or testing, and performance standards for items sought. It may also include provisions that govern various aspects of parties to the contract and any special conditions or pre-conditions that exist relative to any goods or services being solicited.
Maintenance Services: Services typically deal with operational maintenance, supplies, and equipment support, rather than specialized professional services described above.
Vendor: A person or company who provides goods or services. A vendor can also be referred to as a supplier or direct service provider.
71 CITY COUNCIL AGENDA
SEPTEMBER 19, 2023
STAFF REPORT
BUSINESS
ITEM NUMBER: 12.
TITLE
General Plan Update
RECOMMENDATION
Provide feedback on the Draft General Plan Land Use Element Map
CONTACT
Brent Cooper, AICP, Community Development Director
BACKGROUND & ANALYSIS
The item tonight was specifically requested by Council on June 6, 2023. Public feedback is requested and no formal Council action will be taken.
The General Plan serves as a long-term framework for future growth and development.
Represen6ng the community’s view of its future, the General Plan contains goals and polices upon which the City Council, Planning Commission, staff, and the en6re community will base land use decisions.
The first General Plan was adopted in 1994. Numerous amendments have occurred since. The most recent amendments include the Housing Element and the Watson Ranch Specific Plan earlier this year. To ensure the General Plan con6nues to appropriately guide the community through the next 20 years, the General Plan update will focus on recent development decisions and changes in State law.
The Council approved a No6ce of Prepara6on (NOP) for the Environmental Impact Report (EIR) in June 2022. The NOP is important because it describes the scope of the proposed General Plan Update and it marks the beginning of the environmental review process. Since that 6me, the General Plan Program EIR has been dra?ed and will be circulated for public review pending final staff review. The purpose of tonight's mee6ng is to solicit comments on the Land Use Map and provide a preview of the upcoming EIR public review process.
Although all General Plan Elements have equal weight and provide important policies, the Land Use Element determines where land will be developed or set aside for parks, open space, and other uses. Thus, the Land Use Element is the most visible representa6on of the ideal future 72 development plan for American Canyon.
Amendments to the Land Use Element Map, as described in the NOP, includes changes to exis6ng land uses throughout American Canyon. The proposed land use changes are:
Designating the “Hess/Laird Property” as a Special Study Area; Designa6ng numerous lands with open spaces and creeks as Open Space and numerous parks and existing schools as Public;
Designa6ng lands within the future Paoli/Watson Lane Annexa6on Area as Residen6al and Industrial; and
Designating two vacant school properties as Residential.
Each proposed change is described below:
Hess/Laird Property Special Study Area
American Canyon's Urban Limit Line (ULL) was adopted by Council in 2008. The ULL represents the American Canyon's urban growth boundary through the end of this decade.
The General Plan’s planning horizon extends to 2040 (which is 10-years beyond the expira6on of the ULL). The Dra? General Plan assumes that the ULL expires in 2030 and the Council previously directed staff to include the "Hess/Laird property" as a "Special Study Area".
The Hess/Laird property was added to the General Plan because of the property owner's development plans currently pending with Napa County. This property is already located within American Canyon’s u6lity service area and their development plans represent “urban growth” that would be a customary extension of the City’s northern boundary. Importantly, their plans include new regional transporta6on improvements such as the extension of South Kelly Road south to Newell Drive. The Dra? General Plan includes the Hess/Laird Property as a “Special Study Area” to be considered for addi6on to the City’s ULL aer 2030. A map depic6ng the exis6ng ULL and the Hess/Laird Property is included as Attachment 1.
Of note, other poten6al changes to the ULL are not included, specifically as it relates to the former Green Island Vineyard (GIV) property. The former GIV property is adjacent to the ULL on the northwestern edge of American Canyon (Attachment 2). A November 2022 voter initiative (Measure J) sought to pre-zone the former GIV property in an6cipa6on of future annexa6on to American Canyon. As a result of Measure J's failure, this property is not proposed as a “Special Study Area”.
Open Spaces, Creeks, Parks and Existing Schools
The Dra? General Plan revises inconsistent land use designa6ons at several loca6ons around the City. These changes correct land use designa6ons that do not reflect the long-term use of the land.
Examples include designating:
Several creeks and open spaces as “Open Space”, rather than the current "Commercial", "Residential", and/or "Public" designations.
73 Exis6ng school sites (i.e.: Silver Oak Elementary, new Napa Junc6on Elementary, and American Canyon Middle School) as “Public”, rather than the current Residen6al and/or Commercial designations.
Several parks (i.e.: Gadwall, Shenandoah, Silver Oak, Kimberly Park, Pelleria Park), and the Oat Hill Water Tank parcel to “Public”, rather than the current Residen6al and/or Commercial designations;
Paoli/Watson Lane Annexation Area
The Paoli/Watson Lane Annexa6on Project designates land use within an area inside of the ULL that is long-planned for development. The Watson Lane Annexa6on EIR is currently undergoing legal review and is scheduled for Council considera6on in November. The proposed General Plan designates lands within the "Affected Territory" as “Industrial” and “Residen6al” consistent with the Paoli/Watson Lane Annexation Project.
Vacant School District Properties
As part of a 2022 Land Exchange Agreement, the Napa Valley Unified School District (Napa School District) requests American Canyon consider designa6ng two vacant proper6es as"Residential".
These properties include:
Approximately 5 acres of land adjacent to the new Napa Junc6on Elementary School from “Commercial Recreation” to “Medium Density Residential.” Approximately 15 acres of land for the former American Canyon Middle School #2 (adjacent to the American Canyon High School) from “Public” to “Medium Density Residential".
Of note, the City Council previously designated the former Watson Ranch Elementary School site from "Public" to "Park" as part of the overall Watson Ranch Specific Plan update (Resolu6on 2023- 68).
A map depic6ng all proposed land use amendments is included as AOachment 3. A composite of the new proposed Land Use map is included as Attachment 4.
Next Steps
Following tonight’s discussion, staff will complete the General Plan EIR and proceed with the 45-day public review period. This stage will clarify and resolve any outstanding issues prior to formal General Plan adoption, planned for the first half of 2024.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Community and Sense of Place: "Build on the strength of our local community to develop a clear 'sense of place' and establish our unique identity."
FISCAL IMPACT
N/A
74 ENVIRONMENTAL REVIEW
A Environmental Impact Report will be prepared for the Comprehensive General Plan Update.
ATTACHMENTS:
1. ULL Study Area.pdf
2. Green Island Vineyard Location
3. Proposed Land Use Diagram Amendments
4. Draft Land Use Element Diagram
75 Urban Limit Line Study Area
ULL
Special
Study
Area
ATTACHMENT 1
76 Green Island Vineyard ULL Initiative
From Agriculture to RE
Proposed Land Use Map Amendments
ATTACHMENT 3
78 l'¾l¼,
I \ '),,,
\ I I 'I-.."'
NAPA COUNTY
SOLANO COUNTY
, I
CJ Urban Umlt General Plan Land Uses - Commercial Recreation (CR) CJ Specific Plan (SP) i°:_"_"J City Limit L_j Residential Estate (RE) L_j Industrial (I) L_j Special Study (SS) m Future Study Area D Residential Low (RL] D Agriculture (A] D Town Center [TC) c::J Sphere of Influence D Residential Medium (RM] D Open Space (OS) L- _ � County Boundary - Residential High (RH) D Public (Pl Proposed Composite Land Use Map
79 CITY COUNCIL AGENDA
SEPTEMBER 19, 2023
STAFF REPORT
MANAGEMENT AND STAFF ORAL REPORTS
ITEM NUMBER: 13.
TITLE
Maintenance and Utilities Department, Water Operations Update
RECOMMENDATION
Receive a Presentation on Maintenance and Utilities Department, Water Operations Update.
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Dominic Patrick, Water Systems Manager
BACKGROUND & ANALYSIS
The City operates a Water Treatment Plant near Highway 12 (Jameson Canyon Road) to produce and distribute water to customers that meets the highest quality standards set by state and federal regula7ons. There are two treatment processes at the Plant: a conven7onal sedimenta7on and filtra7on treatment process, and a second, state-of-the-art membrane filtra7on process. Together the two processes produce up to 5.5 million gallons of potable water each day for residents and businesses in our water service area, which extends from the Napa/Solano County line to Soscol Creek just north of the Napa Airport. The Maintenance and U7li7es Department; Water Opera7ons Division provides for the health, safety and comfort of all American Canyon residents, workers and visitors on a daily basis. The services and func7ons provided by the Maintenance and U7li7es Department; Water Opera7ons Division helps make civilized life possible. Our goal is to meet the essen7al needs of the City and our larger service area in a way that brings pride to the community.
The Water Opera7ons Division annually supplies approximately 2,600 acre-feet of water to its customers; that produces nearly 850 million gallons per year in addi7on to responding to over 900 services calls. The Maintenance and U7li7es Department; Water Opera7ons Division operates and maintains 80 backflow devices and coordinates with property owners on over 950 other backflow devices, 56 recycled water connec7on consis7ng of over 10 miles of pipe, 5,300 potable water connec7ons, 5,700 metering devices, 3 potable water storage tanks, and 2 emergency water 7e-ins.
The potable water distribu7on system consists of approximately 82 miles of water mains, two booster pump sta7ons, 831 fire hydrants and 2,080 valves. The principal water transmission mains in the distribu7on system range in size from 14 to 20-inches. Tonight, Council will receive a presentation of the Maintenance and Utilities Department, Water Operations Division Update. 80 ENVIRONMENTAL REVIEW
15378(b) - The ac7on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec7ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
MUD - Water Update - September 19, 2023
81 Water Operations Division
September 19, 2023
Maintenance and Utilities Department Update
82 2
American Canyon Water Supply
• The City of American Canyon’s Water
Supply January – July 2023 was 1,496 AF
• State Water Project (SWP) water supply
allocation is 85% equivalent to 4,420 (AF)
• Year 2006 was last time DWR provided
100% allocation to State Water Project
(SWP) contractors
83 • Year to date, data indicates water reduction is consistent with Year 2022. • The City of American Canyon has a reduced potable water demand roughly 11.8% January - July 2023, as compared to January - July 2022. 3 Potable Water Demand
84 Water
Operations • Potable Water Storage Tank
Cleaning and Inspections
• Automated every 15-minute
individual filter monitoring
to Drinking Water
Resources, Monthly Report.
4 85
Water Operation
Stats for 2023:
• Responded to 1,164 service calls • Identified and repaired 128 water meter leaks
• Replaced 36 water meters • Replaced 33 service connections • Repaired 4 water mains 5 86
Water Quality and
Conservation • Annual Water Supply and
Demand Assessment, Drinking
Water Resources (DWR)
• Consumer Confidence Report –
Annual Water Quality Report
2022
6 87
Low-Income Household Water Assistance Program
(LIWAP) for Utility Customers
• The Low-Income Household Water
Assistance Program (LIHWAP)
provided financial assistance
to low-income Californians to help
manage their residential water
utility costs.
• The program began in the summer
2022, the City of American Canyon
received a total of $49,507.00 in
the grant fund on behalf or
residents in need of assistance.
7 88
Staff Accomplishments
• Water Distribution Operations filled two
Maintenance Worker positions
• Water Treatment Operations filled the Plant
Mechanic position.
8 89
In Closing
Q&A
90 City Council Committee Report
Submitted
by: * Councilmember David Oro
Council
Meeting
Date:
09/19/2023
Event
Date: 2023-09-07
Event Type Committee Report
Event Title:* Napa Valley Tourism Improvement Board Update Event Report: Unfortunately, the City Manager and I were the only ones who attended. We did not have quorum and did not meet. We are going to work with other members of TBID to find a new time to meet as the Thursday quarterly meetings appear to be a challenge (especially since we have to meet in person). This may include a new day and time and or moving the meetings to a less than four times a year.
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-08
Event Type Conference
Event Title:* AAPI Leadership Summit
Event Report: Honored to attend the inauguarl Asian American and Pacific Islander Leadership Summit hosted by the California File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-11
Event Type Community Event
Event Title:* 9/11 Ceremony
Event Report: Attended the City's 9/11 ceremony.
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-09
Event Type Community Event
91 Event Title:* An Evening at the Ruins
Event Report: Attended the American Canyon Parks Foundation an Evening at the Ruins. Always a fun event and I hear that they raised what they targeted. Also, the Napa Valley Ruins and Gardens (Town Center) and Watson Ranch overall is coming along.
Really nice to see.
File/Photo Upload Max file size for all uploads is 25 MB 92 City Council Committee Report
Submitted
by: * Councilmember Mark Joseph
Council
Meeting
Date:
09/19/2023
Event
Date:
Event Type Community Event
Event Title:* Various Community Events
Event Report: Attended the annual Labor Day Breakfast in Fairfield. A good turnout, but a great chance to connect with other elected officials as well as Labor leaders.
Evening at the Ruins. Always a great night, and it is quickly becoming a regional "must attend" event, with four out of 5 Board of Supervisors attending as well as Congressman Thompson. This event is a great showcase for American Canyon, not only in terms of the venue but the Parks Foundation and its Eco-Center project. 9/11 Ceremony. Attended this annual event, held at the Public Safety building. Very moving and its theme of "never forget" was well stated.
Napa County Democratic Central Committee: Attended as a committee member. The scheduled speaker was Barbara Lee, but she had to reschedule. Mostly the meeting focused on updates with the various elected officials.
Employee Luncheon: Glad to attend this gathering of City staff. Good food, too! It's an opportunity to mingle with staff and get a chance for updates. Looking forward to the new and improved employee awards process, too.
Kiwanis Board meeting: Most of the discussion related to the opportunity to move our Food Pantry to the new Napa Junction Community Center. This will be a tremendous opportunity to enhance our pantry operations (shift to a "choice" model of food distribution), and save the Club money in the long run.
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-12
Event Type Community Event
Event Title:* American Canyon Arts Foundation
Event Report: Attended the monthly board meeting. A number of exciting topics:
Reviewed Lease Term Sheet to move into 2 classrooms at Napa Junction Community Center. This will save the Foundation money as well as enhance its presence in the community. Having a space for art classes and small art shows will be a gamechanger for ACAF. We will also have a separate (and free) meeting space for both ACAF and other community groups.
Pumpkin Path event: Working on hosting our fourth annual Pumpkin Path at Wetlands. This year our goal is to include other groups to make that date (Saturday, October 7, 2023) a bigger and better event and thereby attract a bigger group of people. The Parks Foundation, 4H and others will be there.
ACHS Art and Music Festival: Thanks to a grant from Napa Valley Presents, we will work with the High School for our second year of the Art and Music Festival. It is part of building a partnership between ACAF and the Visual And Performing Arts (VAPA) programs.
File/Photo Upload Max file size for all uploads is 25 MB 93 City Council Committee Report
Submitted
by: * Vice Mayor Pierre Washington
Council
Meeting
Date:
09/14/2023
Event
Date: 2023-09-14
Event Type Committee Report
Event Title:* American Canyon Financial Subcommittee
Event Report: Presentation by: Juan Gomez
In Attendance: Mayor Leon Garcia, City Manager Jason Holley, City Clerk Taresa Geiluss.
TOPIC: Purchasing & Policy Discussion: PowerPoint presentation on being a good steward of city finances. Delegating authority limits from City Council to the City Manager and Purchase Authority. Juan went over the Request for Proposal (RFP) process. He spoke about complying with comprehensive State procurement statue, which governs expenditures of public funds.
Updating language to conform with SB1383. Removal of Chapter 3.12 "Purchasing System from an old city municipal code.
Very informative presentation.
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-09
Event Type Community Event
Event Title:* Night at the Ruins Fundraiser | Napa Valley Ruins & Gardens Event Report: Fabulous evening at American Canyons Ruins!!!! An evening like no other, thank you American Canyon Community Parks & Foundation, led by none other than Janelle Sellick and her amazing team for your continuous and untiring determination in always making our community a wonderful place to live in.
Featuring in our future town center, our historic cement plant, our amazing residents and tons of astonishing art work.
We also had an opportunity to highlight our future ECO Center that the ACCPF has been working on.
File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-13
Event Type Community Event
Event Title:* American Canyon End of the month employee luncheon Event Report: Thank you City Manager Jason Holley & Deputy City Manger Maria Lara-Ojeda for taking the time to acknowledge the recent new hires, the promotions and the appreciation of all the hard work the men and women working within the City of American Canyon are doing.
Special thanks to Riley Food Truck for providing the delicious food and Cherry Flatters for the It's-It Ice Cream for everyone!!!
File/Photo Upload Max file size for all uploads is 25 MB 94 Event
Date: 2023-09-16
Event Type Community Event
Event Title:* AC Stray & Feral Cat fManagement 101
Event Report: Free informational workshop to learn how to help cats effectively and humanely control its population within the community. Explained the Trap-Neuter-Return (TNR) philosophy.
This workshop was led by concern residents of American Canyon Community Cats, a grass roots organization of neighbors who care for our City's community cats.
For more information and or questions on how you can help please email: [email protected] File/Photo Upload Max file size for all uploads is 25 MB Event
Date: 2023-09-11
Event Type Community Event
Event Title: * 9/11 Patriot Day Remembrance Ceremony | American Canyon Fire Protection District Event Report: On September 11, 2023 American Canyon Fire Protection District in partnership with the Napa County Sheriffs office and American Canyon Police Department hosted a memorial service for those who fell to the tragic events of September 11, 2001.
Fire Chief Geoff Belyea was the Master of Ceremonies and reminded everyone that it's our responsibility to continue to remember and honor all the tragic loss that occurred that day.
AC Police Chief Rick Greenberg shared an emotional tribute regarding the commitment of First Responders and their bravery.
Mayor Leon Garcia shared his experience as he visited ground zero with his wife, Eva Garcia.
File/Photo Upload Max file size for all uploads is 25 MB 95