CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
February 6, 2024
5:30 P.M. – CLOSED SESSION
CALL TO ORDER - CLOSED SESSION
The City Council meeting was called to order at 5:41 p.m.
ROLL CALL - CLOSED SESSION
Present: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia
Absent: None
Excused: None
PUBLIC COMMENTS - CLOSED SESSION ITEMS
Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed.
City Council convened in Closed Session.
MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
5:30 P.M. CLOSED SESSION ITEMS
1. Conference with Legal Counsel - Existing Litigation. Authorized pursuant to Government Code Section 54956.9(d)(1):
a. City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34- 2022-00327471).
b. City of American Canyon v. Leon Dale Schmidt (Napa County Superior Court Cases No. 22CV001041 and 23PR00161).
c. Center for Biological Diversity v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV000511).
d. Golden State Environmental Justice Alliance v. City of American Canyon et al. (Napa Superior Court Case No. 23CV000510).
e. City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV000517).
f. City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 23CV001600).
2. Conference with Legal Counsel – Anticipated Litigation. Authorized pursuant to Government Code Section 54956.9 (d)(2). Three (3) Matters.
6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session at 6:40 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ROLL CALL - OPEN SESSION
Present: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, 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
3. Proclamation - Black History
Mayor Garcia announced the proclamation. It was received by Brenda Knight.
4. Proclamation honoring Gretchen Mayer
Mayor Garcia announced the proclamation. It was received by Gretchen with her family.
PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Garcia called for public comments. Written comments: none. Oral comments: Jeanette Goyetche was called to speak; Barry Christian was called to speak; Janelle Sellick was called to speak; Yvonne Baginski was called to speak. The public comments period was closed.
AGENDA CHANGES
City Attorney William Ross noted that comments received for consent item 13 should be considered during Business Item 15.
CONSENT CALENDAR
Action: Motion to adopt CONSENT CALENDAR made by Councilmember Mark Joseph, seconded by Vice Mayor David Oro, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
5. Minutes of January 16, 2024
Action: Approved the minutes from the Regular City Council meeting of January 16, 2024.
6. Report Upon Return from Closed Session
Action: Approved the Report Upon Return from Closed Session for the City Council meeting of January 16, 2023.
7. Amend Agreements with California Northern Railroad for Reconstruction of Crossings on Green Island Road (TR16-0700)
Action: Adopted Resolution 2024-05 authorizing the City Manager to execute Amendment #2 (Agreement 2024-14) to Agreement 2019-A114 and Amendment #2 (Agreement 2024-15) to Agreement 2019-A115, with the California Northern Railroad Company to rebuild two railroad crossings on Green Island Road (DOT No. 751326N and DOT No. 748368W), increasing the Construction Budget in the amount of $66,800, for a total contract amount not to exceed $1,709,299.80, in conjunction with the Green Island Road Reconstruction and Widening Project (TR16-0700).
8. Notice of Completion for the Recycled Water System Expansion Project (RW17-0100) Action: Adopted Resolution 2024-06 accepting the contracted work as complete, authorizing the Public Works Director to file a "Notice of Completion" (2024-01-R), and releasing a Retention payment to Argonaut Constructors in conjunction with the Recycled Water System Expansion Project (RW17-0100).
9. Notice of Completion for the 2022 Annual Pavement Management Project (TR22-0300) Action: Adopted Resolution 2024-07 accepting the contracted work as complete, authorizing the Public Works Director to file a Notice of Completion (Agreement 2024-02-R), and releasing a Retention payment to Martin Brothers Construction in conjunction with the 2022 Annual Pavement Management Project (TR22-0300).
10. Resolution of Local Support for the NVTA Vision Zero Plan Action: Adopted resolution 2024-08 supporting the Napa Valley Transportation Authority Vision Zero Plan.
11. Emergency Sewer Repair on Andrew Road
Action: Adopted resolution 2024-09 adding Capital Improvement Project Andrew Road Emergency Sewer Repair (WW24-0100); authorizing a project budget of $175,000 for WW24- 0100; authorizing a budget transfer of $175,000 from Wastewater Enterprise Fund Reserves to WW24-0100; awarding a construction contract to Ghilotti Construction Company for an amount of $125,000 (Agreement 2024-16); authorizing the City Manager to execute the construction contract; and authorizing the Public Works Director to approve change orders up to the budgeted amount.
12. Partial Acceptance of Watson Ranch Lot 10 Phase 1 Improvements Action: Adopted Resolution 2024-10 of the City Council of the City of American Canyon for partial acceptance of the public improvements associated with the Watson Ranch Lot 10 Phase 1 Improvements Project.
13. Certification of Sufficiency of Measure "K" Initiative Petition - An Initiative Measure Establishing a Ministerial Permitting Process for Development of Certain Warehouse Facilities by Amending the City of American Canyon Municipal Code
Action: Adopted Resolution 2024-11 of the City Council of the City of American Canyon accepting the certification of the Napa County Clerk Ex-Officio Registrar of Voters as to the sufficiency of the initiative petition entitled "An Initiative Measure Establishing a Ministerial Permitting Process for Development of Certain Warehouse Facilities by Amending the City of American Canyon Municipal Code".
PUBLIC HEARINGS
14. Ordinances Establishing Industrial Use Sustainability Standards and Greenhouse Gas Emissions Standards.
Council received a staff report from City Attorney William Ross. Mayor Garcia opened the public hearing and called for public comments. Written comments: Liliana Karesh. Oral comments: Jim Wilson was called to speak; Frances Tinney was called to speak; Liliana Karesh was called to speak but was not heard through zoom. City Attorney William Ross summarized her written comment for the Council. Public comments and the public hearing were closed.
Action: Motion to adopt first reading of Ordinance 2024-01 of the City Council of the City of American Canyon, State of California, adopting an Ordinance to implement Industrial Use Greenhouse Gas Standards made by Councilmember Mark Joseph, seconded by Councilmember Mariam Aboudamous, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
Action: Motion to adopt first reading of Ordinance 2024-02 of the City Council of the City of American Canyon, State of California, adopting an Ordinance to implement Industrial Commerce Centers Sustainability Standards. made by Councilmember Mark Joseph, seconded by Councilmember Mariam Aboudamous, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
BUSINESS
15. Measure "K"
Council received a staff report from City Attorney William Ross. Mayor Garcia called for public comments. Written comments: Yvonne Baginski, Jerry Hoffman, Geena Saavedra, Jeanette Goyetche, Nick Cheranich, Liliana Karesh. Oral comments: Barry Christian was called to speak; Jason Kishineff was called to speak; Ingrid Schubert was called to speak; Sharon Parham was called to speak; Bayard Fox was called to speak; Jim Wilson was called to speak; Frances Tinney was called to speak; Yvonne Baginski was called to speak; Joe Leviatch was called to speak; Fran Lemos was called to speak; Liliana Karesh was called to speak. The public comments period was closed.
Action: Motion to adopt Resolution 2024-12 of the City Council of the City of American Canyon directing City Staff to prepare a report pursuant to Elections Code section 9212. made by Vice Mayor David Oro, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.
Ayes: Councilmember Mariam Aboudamous, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia Nays: None
Abstain: None
Absent: None
Excused: None
MANAGEMENT AND STAFF ORAL REPORTS
16. Public Works Department Quarterly Update
Council received an update from Public Works Director Erica Ahman Smithies.
Assistant City Manager Maria Ojeda announced items of community interest.
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
17. City Council Committee Report - Councilmember Mark Joseph The mayor and council members provided oral reports and announced items of community interest.
FUTURE AGENDA ITEMS
18. Future Agenda Items of Note:
February 20, 2024, Regular City Council Meeting. 6:30 p.m.
Recology Franchise Agreement
Mid-Year Budget Update
Eco-Center Long-Term Lease
March 5, 2024 Regular City Council Meeting. 6:30 p.m.
Proclamation National Women's History Month
Proclamation American Red Cross Month
Annual Police Report
Annual Communications Report
Measure K EC 9212 Report (tentative)*
March 19, 2024 Regular City Council Meeting. 6:30 p.m.
Proclamation Acknowledging Ramadan
National Community Survey
Housing Element: Annual Report and Zone Change
Westside Connector*
April 2, 2024 Regular City Council Meeting. 6:30 p.m.
Utility Rates Protest Hearing
Note: Council requested items are marked "*"
ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk