American Canyon City Council
August 6, 2024

REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
August 6, 2024
4:30 PM
Tonight's mee#ng is a limited public forum. American Canyon promotes respec.ul and responsible behavior among its mee#ng par#cipants, whether they are present in person or remotely. Using offensive language or remarks that promote, foster, or perpetuate discrimina#on based on race, creed, color, age, religion, gender marital status, status regarding public assistance, na#onal origin, physical or mental disability or sexual orienta#on/gender iden#fica#on, as well as any other category protected by federal, state or local laws will not be tolerated. In the case of an occurrence, the speaker will be immediately disconnected from the microphone.

PUBLIC PARTICIPATION
City Council and other public mee"ngs will be conducted in person. This mee"ng is also available via Zoom, is broadcast live to residents on Napa Valley TV, on our website and on YouTube.

Zoom Link: Click here. Webinar ID: 862 3299 1024; Passcode: 12345. Phone in to Zoom: 408-638- 0968
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Wri9en comments: Submit wri4en comments by the eComments link, located on the Mee"ngs & Agendas page of our website. eComments are available to council members in real "me. To allow for Council review of comments, eComments will close at 3:00 pm on the day of the meeting.

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 wri4en 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: David Oro
Councilmembers: Mariam Aboudamous, Mark Joseph, Pierre Washington CITY COUNCIL MEETING AGENDA AUGUST 6, 2024
1 4:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

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 ma
er 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 ma ers 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

1. Minutes of July 16, 2024
Recommendation: Approve the Regular City Council Meeting Minutes of July 16, 2024.

2. Report Upon Return from Closed Session
Recommendation: Approve the Report Upon Return from Closed Session

3. Revised Fiscal Year 2024/2025 Salary Schedule
Recommendation: Adopt a Resolu"on Approving the Fiscal Year 2024/2025 Salary Schedule.

4. Quarterly Investment Report for City and Fire District for Fiscal Year 2023-24 Quarter 4 Recommendation: Receive and file the City and Fire District’s Treasurer’s Report for the quarter ended June 30, 2024.

5. Ordinance Amending Municipal Code Titles 13 and 14 Second Reading Recommendation: Waive final reading, read by "tle only and adopt an ordinance amending Titles 13 and 14 of the City of American Canyon Municipal Code authorizing the City Council to amend the "ming for payment of Development or Mi"ga"on Impact Fees for sewer and water fees.

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS

FUTURE AGENDA ITEMS OF NOTE
CITY COUNCIL MEETING AGENDA AUGUST 6, 2024
2 6. Future Agenda Items

ADJOURNMENT

CERTIFICATION
I, Taresa Geilfuss, 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 AUGUST 6, 2024
3 CITY OF AMERICAN CANYON

REGULAR CITY COUNCIL MEETING

ACTION MINUTES
July 16, 2024
4:30 P.M. – CLOSED SESSION

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

ROLL CALL - CLOSED SESSION

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

Absent: None
Excused: Councilmember Mariam Aboudamous

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

MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
4:30 P.M. CLOSED SESSION ITEMS

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

Positions: City Manager Jason Holley

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

3. 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) City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 23WM000055).
4 d) City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 24WM000078).
e) City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 24CV000544).
f) Joanne Perez v. City of American Canyon (Napa County Superior Court Case No. 23CV001474).
6:30 P.M. OPEN SESSION - REGULAR MEETING

CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION
The meeting was called to order at 6:33 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

ROLL CALL - OPEN SESSION

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

Absent: None
Excused: Councilmember Mariam Aboudamous

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. July 2024 as Parks and Recreation Month
Mayor Leon Garcia announced the July 2024 as Parks and Recreation Month proclamation. It was received by Parks & Recreation staff.

PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Garcia called for public comments. Written comments: none. Oral comments: Ken Leary was called to speak; Fran Lemos was called to speak; Justin Hamilton Hole was called to speak; the public comment period was closed.

AGENDA CHANGES
Action: Motion to Continue Item 12 to a date uncertain made by Councilmember Mark Joseph, seconded by Councilmember Pierre Washington, and CARRIED by roll call vote. 5 Ayes: Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia
Nays: None
Abstain: None
Excused: Councilmember Mariam Aboudamous

CONSENT CALENDAR
Action: Motion to adopt the CONSENT CALENDAR made by Vice Mayor David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

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

Absent: Councilmember Mariam Aboudamous
Excused: None

5. Minutes of June 18, 2024 - Regular City Council Meeting Action: Approved the minutes of the Regular City Council meeting of June 18, 2024.

6. Minutes of June 18, 2024 - Special Joint City Council/Parks and Community Services Meeting Action: Approved the minutes of the Special Joint City Council/Parks and Community Services Meeting of June 18, 2024.

7. Minutes of June 18, 2024 - Special Joint City Council/Open Space, Active Transportation and Sustainability Commission Meeting
Action: Approved the minutes of the Special Joint City Council/Open Space, Active Transportation and Sustainability Commission meeting of June 18, 2024.

8. Report Upon Return from Closed Session from June 18, 2024 Action: Approved the Report Upon Return from Closed Session for the City Council meeting of June 16, 2024.

9. Report Upon Return from Closed Session from June 25, 2024 Action: Approved the Report Upon Return from Closed Session for the City Council meeting of June 25, 2024.

10. OpenGov Planning, Building, and Code Enforcement Software Contract Action: Adopted Resolution 2024-59 approving a three-year professional or unique services agreement (Agreement 2024-A105) with OpenGov Inc. not to exceed $404,160 for Planning, Building, and Code Enforcement software, training, and support services. 6 11. Coastland Development Review Amendment #1
Action: Adopted Resolution 2024-60 approving Amendment #1 (Agreement 2024-A106) to Agreement #2022-A117 with Coastland Civil Engineering, Inc. in the amount of $308,000 for a total amount not to exceed $1,380,000.

PUBLIC HEARINGS

12. Summary Vacation of Easement
Action: Item continued to a date uncertain.

13. Ordinance Amending Municipal Code Titles 13 and 14
Commissioners received an Ordinance Amending Municipal Code Titles 13 and 14 staff report from City Manager Jason Holley. Mayor Garcia opened the public hearing and called for public comments. Written comments: none. Oral comments: none.

Action: Motion to adopt an ordinance amending Titles 13 and 14 of the City of American Canyon Municipal Code authorizing the City Council to amend the timing for payment of Development or Mitigation Impact Fees for sewer and water fees made by Vice Mayor David Oro,seconded by Councilmember Pierre Washington, and CARRIED by roll call vote.

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

BUSINESS

14. FY24/25 Capital Project Schedule Update
Council received a FY24/25 Capital Project Schedule Update from Public Works Director Erica Ahman Smithies. 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 comment period was closed. There was no action taken on this item.

15. Parks and Community Services Master Plan
Council received a Parks and Community Services Master Plan staff report from Parks & Recreation Director Alexandra Ikeda. Mayor Garcia called for public comments. Written comments: none. Oral comments: Justin Hamilton Hole was called to speak; Ken Leary was called to speak. The public comment period was closed.

Action: Motion to adopt Resolution 2024-61 amending the Fiscal Year 2024/25 Budget and approving an agreement (Agreement 2024-A108) with RRM Design Group (San 7 Leandro, CA) in the amount not to exceed $207,000 to update the Parks and Community Services Master Plan. made by Vice Mayor David Oro, seconded by Councilmember Mark Joseph, and CARRIED by roll call vote.

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

MANAGEMENT AND STAFF ORAL REPORTS
Council received an oral update from Parks & Recreation Director Alexandra Ikeda.

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
The mayor and council members provided oral reports and announced items of community interest.

16. City Council Committee report - Vice Mayor David Oro

FUTURE AGENDA ITEMS

17. Future Agenda Items of Note

ADJOURNMENT
The meeting was adjourned at 7:55 p.m.

CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, CMC, City Clerk
8 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
July 18, 2024

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 July 16, 2024 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 Regular City Council Closed Session Meeting of July 16, 2024, consistent with Government Code Section 54957.1.

At 4:33 p.m. Mayor Garcia convened the Council1 in Open Session to determine if there were any public comments on the matters agendized for Closed Session, and after concluding that there were none, adjourned to Closed Session at 4:33 p.m.

There were three matters agendized for City Closed Session consideration:

1. Matters Relating to Public Employment: Public Employee Performance Evaluations
Pursuant to Government Code Section 54957
Positions: City Manager Jason Holley

2. Conference with Legal Counsel – Anticipated Litigation Authorized Pursuant to Government Code Section 54956.9(d)(2) Two (2) Matters
1 Councilmember Mariam Aboudamous was excused from attendance. 9 The Honorable Leon Garcia, Mayor
and Members of the City Council
July 18, 2024

3. 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 Case No. 22CV001041 and
23PR00161);
c. City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 23WM000055)
[Giovannoni Project];
d. City of Vallejo v. City of American Canyon et al.
(Sacramento County Superior Court Case No.
24WM000078) [Paoli/Watson Lane Annexation].
e. City of Vallejo v. City of American Canyon et al. (Napa County Superior Court Case No. 24CV000544) [Measure
K].
f. Joanne Perez v. City of American Canyon (Napa County Superior Court Case No. 23CV001474)
With respect to Closed Session Agenda Item No. 1., there was no reportable action under the provisions of Government Code Section 54957.

With respect to the first matter considered under 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 the second matter considered under 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 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. 3.b., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 10 The Honorable Leon Garcia, Mayor
and Members of the City Council
July 18, 2024

54956.9(d)(1) with the exception that the Public Guardian had confirmed the date of death of Mr.

Dale Schmidt.

With respect to Closed Session Agenda Item No. 3.c., the City Attorney indicated that the Court ruled in favor of the City and Buzz Oates, LLC against the City of Vallejo. Except as indicated, there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1). A copy of the Court’s Order in enclosed as Exhibit “A.”
With respect to Closed Session Agenda Item No. 3.d., 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. 3.e., 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. 3.f., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).

Your Council concluded the Closed Session at 6:23 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
11 The Honorable Leon Garcia, Mayor
and Members of the City Council
July 18, 2024

Enclosure: Exhibit A – Court Ruling in Golden State Environmental Justice Alliance v. City of American Canyon; Sacramento Superior Court Case No. 23WM000055 cc: Jason B. Holley, City Manager
Maria Ojeda, Assistant City Manager
Taresa Geilfuss, City Clerk
12 EXHIBIT “A”
13 1

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO

DATE/TIME
JUDGE
May 28, 2024, 9:00 AM
HON. STEPHEN ACQUISTO
DEPT. NO
CLERK
36 M. LU

GOLDEN STATE ENVIRONMENTAL JUSTICE

ALLIANCE,
Petitioner,
v.

CITY OF AMERICAN CANYON,
Respondent,

BUZZ OATES LLC,
Real Party in Interest,
And Consolidated Cases.

Case No. 23WM000055
Nature of Proceeding: Ruling on Submitted Matter – Petition for Writ of Mandate
On May 24, 2024, the Court issued an order directing the parties to appear at the scheduled merits hearing and be prepared to discuss a number of topics. On May 28, the Court held the merits hearing and took the matter under submission. Having now considered the parties’ filings, the administrative record, as well as the arguments offered at the hearing, the Court issues this final ruling denying the petition.

BACKGROUND
This case arises from the approval of a warehouse project by Respondent City of American Canyon (“American Canyon”) within the city. American Canyon is located in Napa County. American Canyon currently has no access to groundwater and relies entirely on imported water. A main source for American Canyon is water from the State Water Project (“SWP”), called Table A water, delivered under contract with Napa Flood Control and Water 14 2
Conservation District in an amount up to 5,200 afy.1 Another source of water is Petitioner City of Vallejo (“Vallejo”), a neighboring city to the south in Solano County. Vallejo and American Canyon entered into an agreement in 1996 (“1996 Agreement”) for American Canyon to annually purchase water from Vallejo. The 1996 Agreement and its later-negotiated addenda allow for three separate annual water purchases: (1) 628.6 afy subject to increases over time (3,206 afy as of 2021) as provided in the original agreement, (2) 500 afy as provided in Addendum 2, and (3) 500 afy only available for emergencies as provided in Addendum 1.

Recently, the cities have disagreed with each other over the proper interpretation of the 1996 Agreement. In July 2022, American Canyon sued Vallejo over this disagreement in Sacramento County Superior Court (case number 34-2022-00327471). That civil suit is still pending. Vallejo holds an appropriative water right under License 7848 issued by the State Water Resources Control Board (“State Water Board”). Vallejo asserts that all of its obligations under the 1996 Agreement are limited to providing water obtained under License 7848. 2 (Sac.

Co. Sup. Ct. Case 34-2022-00327471, Cross-Compl., ¶¶ 13, 15, 39; p. 29.) Accordingly, Vallejo argues that it could refuse to supply water to American Canyon without breaching the agreement if the State Water Board were to curtail and render unavailable Vallejo’s supply of License 7848 water. (Ibid.) American Canyon asserts that Vallejo’s obligation to provide water is not limited to License 7848, and even if water under License 7848 becomes unavailable, Vallejo is still contractually obligated to American Canyon to fulfill the contractual amounts using other available sources. (Id., Compl., ¶¶ 4, 6; p. 15.)
On January 12, 2021, American Canyon issued a notice of preparation of a draft environmental impact report (“EIR”) for a 2.4 million-square-foot warehouse project within the city. A draft EIR was circulated starting May 20, 2022, and a proposed final EIR was issued on October 31. On February 21, 2023, Vallejo, which previously had not participated in the process, submitted a comment letter criticizing the water supply analysis in the EIR. On March 22, American Canyon certified the EIR and approved the project.

1 “Af,” or “acre-foot,” is a unit of volume for water. An acre-foot describes the volume of water that would cover one acre of land, one foot deep. “Afy” represents “acre-feet per year.” 2 As discussed below, none of the substantive details regarding the separate lawsuit described in this paragraph were included in the administrative record. The Court obtained these details from the pleadings in the separate lawsuit. These extra-record details are provided only for context, and none of the Court’s substantive rulings rely on them. 15 3
Soon after, three petitioners—Golden State Environmental Justice Alliance, Center for Biological Diversity, and Vallejo—each filed a petition for writ of mandate in Napa County Superior Court challenging American Canyon’s certification of the EIR. The three cases were consolidated in Napa County Superior Court and transferred to Sacramento County Superior Court. Only Vallejo’s petition remains after the others were dismissed pursuant to settlement.

Vallejo’s petition seeks to set aside the certification of the EIR and the project approval on the basis that the EIR’s water supply analysis was deficient. The first four causes of action assert violations of the California Environmental Quality Act (“CEQA”). The fifth cause of action alleges a violation of Water Code sections 10910 and 10911 in the preparation of the water supply assessment (“WSA”) contained within the final EIR.

DISCUSSION
I. CEQA Claims
A. CEQA and the Relevant Standards of Review
“CEQA is a comprehensive scheme designed to provide long-term protection to the environment.” (Mountain Lion Foundation v. Fish & Game Com. (1997) 16 Cal.4th 105, 112.) CEQA generally requires an EIR whenever a public agency proposes to approve a project that may have a significant effect on the environment. (Pub. Resources Code, § 21151.) The EIR is the “primary means of achieving” the legislative objective behind CEQA, and “is therefore ‘the heart of CEQA.’” (Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 792.)
The purpose of the EIR is to “provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.” (Pub. Resources Code, § 21061.) To achieve this purpose, the EIR must include, in part, “a detailed statement setting forth . . . [a]ll significant effects on the environment of the proposed project.” (Id., § 21100, subd. (b)(1).) CEQA requires the lead agency to notify the public regarding the preparation of a draft EIR. (Id., § 21092.) The lead agency must then prepare a final EIR and certify it, addressing, in 16 4
part, comments received on the draft EIR. (Guidelines, §§ 15090, 15132.)3 “It is not enough for the EIR simply to contain information submitted by the public and experts. Problems raised by the public and responsible experts require a good faith reasoned analysis in response.” (Santa Clarita Organization for Planning the Environment v. County of Los Angeles (2003) 106 Cal.App.4th 715, 723.) This requirement ensures that “stubborn problems or serious criticism are not ‘swept under the rug.’” (Ibid.) Before approving the project, the agency must find any significant environmental effects to be avoided or mitigated, or that the benefits of the project outweigh the unmitigated effects of the project. (Pub. Resources Code, §§ 21002.1, 21081.) Judicial review of such agency action under CEQA is limited to “whether there was a prejudicial abuse of discretion.” (Id., § 21168.5.) “Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.” (Ibid.) Whether the agency “has not proceeded in a manner required by law” is reviewed de novo. (Vineyard Area Citizens for Responsible Growth, Inc. v.

City of Rancho Cordova (2007) 40 Cal.4th 412, 435 (“Vineyard”).) In reviewing for substantial evidence, however, the agency’s factual conclusions are given greater deference. (Ibid.) A court may not set aside an EIR “on the ground that an opposite conclusion would have been equally or more reasonable,” because the court’s task “is not to weigh conflicting evidence and determine who has the better argument.” (Ibid.)
“When the informational requirements of CEQA are not complied with, an agency has failed to proceed in ‘a manner required by law’ and has therefore abused its discretion.” (Save our Peninsula Comm. v. Monterey Cnty. Bd. of Supervisors (2001) 87 Cal.App.4th 99, 118.) The EIR and its certification are “presumed legally adequate,” and “[p]ersons challenging the EIR therefore bear the burden of proving it is legally inadequate and that the agency abused its discretion in certifying it.” (Cherry Valley Pass Acres & Neighbors v. City of Beaumont (2010) 190 Cal.App.4th 316, 327-328.)

3 Title 14 of the California Code of Regulations contain what are commonly called the CEQA Guidelines, and are cited and referred to simply as “Guidelines.” For example, “Guidelines, § 15064.3” refers to Code of Regulations, title 14, section 15064.3. 17 5
B. The Water Supply Analysis Required by CEQA
Provision of water to a project may implicate a significant effect on the environment. (See Vineyard, supra, 40 Cal.4th 412, 428.) Vineyard articulates a number of principles with respect how an EIR must address the supply of water to a project. “First, CEQA’s informational purposes are not satisfied by an EIR that simply ignores or assumes a solution to the problem of supplying water to a proposed land use project. Decision makers must, under the law, be presented with sufficient facts to ‘evaluate the pros and cons of supplying the amount of water that the [project] will need.’” (Id. at pp. 430-431.) “Second, an adequate environmental impact analysis for a large project, to be built and occupied over a number of years, cannot be limited to the water supply for the first stage or the first few years.” (Id., at p. 431.)
“Third, the future water supplies identified and analyzed must bear a likelihood of actually proving available; speculative sources and unrealistic allocations (‘paper water’) are insufficient bases for decisionmaking under CEQA.” (Id., at p. 432.) “An EIR for a land use project must address the impacts of likely future water sources, and the EIR’s discussion must include a reasoned analysis of the circumstances affecting the likelihood of the water's availability.” (Ibid.)
“Finally, where, despite a full discussion, it is impossible to confidently determine that anticipated future water sources will be available, CEQA requires some discussion of possible replacement sources or alternatives to use of the anticipated water, and of the environmental consequences of those contingencies. . . . The law’s informational demands may not be met, in this context, simply by providing that future development will not proceed if the anticipated water supply fails to materialize.” (Ibid.)
CEQA does not require, however, an EIR to “demonstrate[] that the project is definitely assured water through signed, enforceable agreements with a provider and already built or approved treatment and delivery facilities.” (Ibid.) Neither does CEQA “necessarily require that an EIR show that total water supply and demand are or will be in balance in an area[.]” (Id. at p. 446.) If water supply uncertainties exist, “an EIR may satisfy CEQA by fully disclosing the uncertainty, and other possible outcomes, their impacts and appropriate mitigation measures.” (Ibid.)
18 6
C. Sufficiency of American Canyon’s Water Supply Analysis Vallejo contends that the water supply analysis in American Canyon’s EIR was deficient in a number of ways. The Court disagrees.

1. The EIR Adequately Described Water Under the 1996 Agreement.

Vallejo raises a number of issues with respect to the EIR’s description of water provided by Vallejo under the 1996 Agreement. First, Vallejo contends that the EIR misstated the amount of water available from Vallejo by relying on the contractual amounts under the 1996 Agreement, because American Canyon “did not purchase all of the capacity available to it under the 1996 Agreement.” (Pet. Opening Br., p. 14:13-14.) But the record contradicts this assertion.

American Canyon’s 2020 Urban Water Management Plan (“UWMP”), a water planning document on which the EIR relied, states that since “1999, [American Canyon] has received 100 percent of the full contracted volume every year with the exception of a supply curtailment in 2015.” (AR 10643.) Vallejo fails to cite any portion of the record contradicting this information, and more importantly, fails to explain how the purportedly smaller purchases pose any problem with respect to American Canyon’s ability to purchase the full contractual amounts.

Nothing in the record suggests that American Canyon will not be able to purchase the contractual amounts.

Second, Vallejo complains that the EIR describes Vallejo’s License 7848 as “an appropriative right for Sacramento Bay-Delta water from the State Water Resources Control Board that pre-dates the construction of the SWP,” but does not identify the right by “license, permit, or application identification number.” (Pet. Opening Br., p. 13:5-15.) But Vallejo does not explain or provide any supporting authority on why such details must be included to comply with the standards outlined in Vineyard. It is not apparent, at least in this case, that such details are needed to meet the requirement in Vineyard that the EIR help the public and decisionmakers “evaluate the pros and cons of supplying the amount of water” for the project and show that the water supply has “a likelihood of actually proving available.” Third, Vallejo takes issue with the EIR’s description of the sources of water being provided by Vallejo to American Canyon as a “blend of all of Vallejo’s water sources.” It is Vallejo’s position that the 1996 Agreement only obligates it to provide American Canyon with the water it receives under License 7848, not from any of its other sources of water. But even if 19 7
Vallejo’s interpretation of the 1996 Agreement is correct, Vallejo fails to show how this description renders the EIR’s water supply analysis faulty.

The EIR includes a description of the water from Vallejo, as well as how much can be expected to be available in normal and dry years. (AR 4267-4268, 4281-4282.) The EIR describes water from Vallejo as “more reliable than [American Canyon’s] Table A supply,” and acknowledges that water from Vallejo may still be curtailed, as it was in 2015. (AR 4267-4268.) The EIR assumes that water from Vallejo would be fully available in normal years, and available up to 80 percent in dry years. (AR 4281-4282.) These characterizations are consistent with the statement in the American Canyon’s 2020 UWMP that American Canyon “has received 100 percent of the full contracted volume every year with the exception of a supply curtailment in 2015.” (AR 10643.) It is also consistent with the conclusion in Vallejo’s 2020 UWMP that in a “critically dry year,” more than 80 percent of water under License 7848 would be available. (AR 7651-7652.)
The EIR’s water supply evaluation does not rely on the description of the water that American Canyon receives from Vallejo as a “blend of all of Vallejo’s water sources,” rather than from License 7848. Rather, the EIR’s conclusion about the availability of water from Vallejo is based on the historical facts regarding the amounts of water actually received in past years. The viability or accuracy of the EIR’s assessment does not depend on whether Vallejo uses other water sources beyond the water it receives under License 7848. Therefore, even if the EIR was wrong in assuming that Vallejo must turn to other sources if License 7848 is unavailable, the error is inconsequential.

2. The EIR Was Not Required to Discuss the Ongoing Lawsuit.

Next, Vallejo argues that the EIR was deficient for failing to address the impact of the lawsuit where American Canyon sued Vallejo regarding an interpretation of the 1996 Agreement. According to Vallejo, because the lawsuit is “directly centered on the 1996 Agreement, the foundational water supply agreement between [American Canyon] and [Vallejo], it is integral to the future of [American Canyon]’s water supply.” (Pet. Opening Br., p. 17:21-

23.)
The Court does not agree that the EIR needs to discuss the lawsuit merely because it involves an interpretation of the 1996 Agreement. The relevant inquiry is not whether any lawsuit or objection regarding a water supply exists, but whether that lawsuit or objection poses 20 8
an uncertainty to the availability of water. Vallejo does not cite to, and the Court cannot locate, any portion of the administrative record that provides details regarding the subject of the lawsuit (beyond what has already been described in this order), except for conclusory statements that the lawsuit concerns interpretations of the 1996 Agreement. (See Pet. Opening Br., p. 9:22-25; AR 4467-4468 [litigation regarding “competing interpretations of the 1996 Agreement”], 4730-4731 [litigation regarding “interpretation of the 1996 water agreement”].) Without such information in the record, the Court cannot conclude that the outcome of that lawsuit could potentially undermine the EIR’s conclusion that there will be an available and sufficient water supply for the project. The Court finds, therefore, that this claim lacks merit.

And based on the pleadings filed in that lawsuit, it does not appear that the outcome of the lawsuit (whatever it is) is consequential because the EIR’s water supply analysis is not premised on optimistic predictions that American Canyon’s interpretation of the 1996 Agreement will prevail, but on the annual amounts of water American Canyon actually received from Vallejo in past years. The outcome of the lawsuit will not change the fact that Vallejo has fully met American Canyon’s demands between the inception of the 1996 Agreement and the preparation of the EIR. (AR 4267-4268, 10643.) Also, according to Vallejo’s cross-complaint in the lawsuit, Vallejo has always used License 7848 to fulfill the 1996 Agreement. (Sac. Co.

Sup. Ct. Case 34-2022-00327471, Cross-Compl., ¶ 15.) In other words, the status quo has always been that Vallejo fully satisfied its obligation under the 1996 Agreement using water from License 7848, rather than other sources. If Vallejo’s interpretation were upheld in the lawsuit, there would be no change to this status quo. If American Canyon’s interpretation is upheld, there would be a change to the status quo in the form of increased amounts of water available to American Canyon. Thus, the only apparent uncertainty created by the lawsuit is whether American Canyon could get more water from Vallejo than it does now. This is not an uncertainty that could reduce or render unavailable the water from Vallejo.

Vallejo relies on Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48 in support of its position that the uncertainties arising from the lawsuit should have been addressed. In Madera, the EIR identified water delivered from the United States Bureau of Reclamation under a contract for “irrigation and/or domestic purposes” as the sole source of water for the project. (Id., p. 99.) The Bureau sent a letter of objection, contending that the proposed use of the water for the project would constitute commercial use in violation of 21 9
the term that the water may be used only for irrigation or domestic purposes. (Id., p. 104.) The court found that the EIR’s failure to acknowledge the Bureau’s letter “resulted in the public and decision makers being deprived of a full disclosure of the uncertainties related to the project’s water supply.” (Ibid.)
Madera is distinguishable. The nature of the uncertainty in Madera was whether water would be available for the project at all, due to the objection from the sole water supplier that diverting water to the project would constitute a breach of contract. In contrast here, the only uncertainty presented by the parties’ separate lawsuit appears to be whether American Canyon will have the amount of available water analyzed in the EIR, or whether it will potentially have more available water than what was analyzed in the EIR.

Napa Citizens for Honest Government v. Napa County Bd. of Supervisors (2001) 91 Cal.App.4th 342, 372, although it also involved Vallejo and American Canyon and the contention that the EIR failed to address water supply uncertainties, is also distinguishable. The EIR in Napa Citizens projected that by 2015, the proposed water supplier—American Canyon— would not have enough water to supply both itself and the project. Despite this projection, the EIR concluded that there would be enough water based on a potential agreement between American Canyon and Vallejo for the purchase of additional water. (Ibid.) The court held that while the EIR did not need to “identify and analyze all possible resources” of water, given the “uncertainty surrounding the anticipated sources for water,” it could not “simply label the possibility [of the projected shortage] as ‘speculative,’ and decline to address it.” (Id., at p. 373.) The nature of the uncertainty in Napa Citizens, like the one in Madera, was whether water would be available at all, given the projected shortage without the potential agreement between American Canyon and Vallejo. The uncertainty here poses no such threat.

3. The EIR Was Not Required to Discuss the Place-of-Use Restriction on License 7848.

Vallejo next contends that the EIR “failed to consider that Petitioner’s License 7848 water cannot be used to provide water service not only to the Project, but beyond,” due to a place-of-use restriction on License 7848, which extends to part but not all of American Canyon. (Pet. Opening Br., p. 16.) But Vallejo once again fails to show how this omission renders the EIR’s water supply analysis inadequate under Vineyard.
22 10
The following facts are relevant to the Court’s analysis. American Canyon’s Table A water allows for delivery of up to 5,200 afy from SWP. (AR 4266.) In any given year, American Canyon can also access unused Table A water from the prior year, called carryover water, which has averaged 1,156 afy in recent years. (AR 4285.) The 1996 Agreement, as of 2021, allows for the purchase of 3,206 afy [AR 4268, 4829], plus an additional 500 afy [AR 4267, 4853-4854], and an additional 500 afy that may be purchased only in emergencies [AR 4268, 4849]. The water from Vallejo is subject to a place-of-use restriction on License 7848, which prohibits the water from being provided to an area containing about 50 percent of American Canyon’s population. (AR 12744.) The project is outside of the area serviceable under License 7848. (AR 4472.) American Canyon’s total demand for potable water in 2020 was 2,636 af. (AR 10633.) The project will require 23.9 afy of potable water. (AR 4274.) The mere fact that License 7848 has a place-of-use restriction does not mean it is necessarily significant enough to warrant a discussion in the EIR. Even though water from Vallejo’s License 7848 cannot be used to supply the project, it can be used to supply water to about half of American Canyon’s population, thereby increasing the amount of water available from American Canyon’s other sources to use for the project. Thus, although the place-of-use restriction will certainly affect how American Canyon distributes water from its various sources throughout the city, it is not clear at all that it will have any impact on the adequacy of water available for the project, especially given the small size of the project demand compared to American Canyon’s total demand and supply. The EIR’s omission of the place-of-use restriction did not render it inadequate under Vineyard.

4. The EIR Was Not Required to Discuss Specifically the 2021-2022 Curtailments of License 7848.

Vallejo contends that the EIR impermissibly failed to analyze the 2021-2022 curtailment of water deliveries under Vallejo’s License 7848. But Vallejo does not cite to portions of the administrative record providing any meaningful information regarding the 2021-2022 curtailments. (See Pet. Opening Br., pp. 16:21-17:2.) Without any information about the curtailments, the Court cannot evaluate whether they should have been addressed in the EIR.

For this reason, the Court finds that this claim lacks merit.

At the hearing, counsel offered additional information, which would not change the Court’s assessment of this issue even if such information were contained in the administrative 23 11
record.
4 According to counsel, the 2021-2022 curtailments occurred beginning February and March of 2021, which was after the notice of preparation for the project was issued on January 12, 2021. In preparing an EIR, “the lead agency should describe physical environmental conditions as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced[.]” (Guidelines, § 15125, subd. (a)(1) [emphasis added].) As such, the 2021-2022 curtailments did not need to be addressed in the EIR.

Also, although the EIR does not address the specific 2021-2022 curtailments, it does evaluate the potential impact that future curtailments could have. The EIR does not assume that American Canyon will receive its full contracted amount from Vallejo every year. Rather, the EIR assumes that in dry years, water from Vallejo would be available at a reduced amount of 80 percent of the contracted amount. (AR 4280-4282.) The 80 percent figure was calculated using guidance from the Department of Water Resources, American Canyon’s UWMP, and Vallejo’s UWMP. (AR 4280.) And the 80 percent assumption is more than reasonable because Vallejo’s own projection of its supply during a “critically dry year” due to curtailments is that Vallejo will still receive 14,696 afy out of the 17,287 afy usually available under License 7848, or 85 percent of the usually available amount. (AR 7651-7652.)
Vallejo argues that the EIR should have examined the availability of water on a monthly basis, because there may be no water available during certain months. (See AR 7652.) Vallejo has provided no authority to support its position that a greater level of detail is required or that an examination on an annual basis rather than a monthly basis amounts to an abuse of discretion.

The EIR was not deficient for omitting a specific discussion of the 2021-2022 curtailments, or examining dry year supplies on an annual basis rather than a monthly basis.

II. Water Code Claims
At the outset of the CEQA process, the local lead agency or the supplying public water system that will supply water to the project must prepare a water supply assessment that includes

4 At the hearing, in response to the Court’s questions issued prior to the hearing, counsel for Vallejo explained that the curtailments occurred as early as February and March of 2021-2022 for a total of 90 days, due to the presence of the Delta Smelt. Counsel for American Canyon and Buzz Oates objected to this information as being outside of the administrative record. Vallejo did not provide any citations to, and the Court was unable to find, information regarding the 2021-2022 curtailments in the administrative record. The objections are sustained. 24 12
a 20-year projection of whether the “total projected water supplies available during normal, single dry, and multiple dry water years” will meet the project water demand and other existing and planned future water demands. (Wat. Code, § 10910, subds. (a)-(c).) The water supply assessment must “include an identification of any existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project, and a description of the quantities of water received in prior years by the public water system[.]” (Id., subd. (d)(1).) If the local lead agency or the supplying public water system concludes that water supplies will be insufficient, it must outline “plans for acquiring additional water supplies, setting forth the measures that are being undertaken to acquire and develop those water supplies.” (Wat. Code, § 10911, subd. (a).) The water supply assessment must be included in the EIR for the project, and the local lead agency must expressly determine whether “projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses.” (Id., subds. (b), (c).) Vallejo argues that the WSA violates subdivision (d)(1) because it describes Vallejo’s License 7848 as an “appropriative right” without more details such as the place-of-use restriction on the license, and because its water supply calculations are inaccurate without incorporating the 2021-2022 curtailments. The Court disagrees. Within the meaning of subdivision (d)(1), the 1996 Agreement is a “water service contract,” and it is “relevant to the identified water supply for the proposed project” because water from Vallejo is a part of the City’s total supply, from which the project would be supplied. There is no support for Vallejo’s contention that subdivision (d)(1) requires details beyond the contract, such as descriptions regarding Vallejo’s own sources. Also, as discussed above, the WSA did evaluate the effect that future curtailments would potentially have on available water supplies in dry years.

Vallejo also argues that the WSA violates section 10911, subdivision (a) because it improperly relies on water from License 7848 as a contingency supply even though it cannot serve the project due to place-of-use restrictions. The Court disagrees. Section 10911 requires “plans for acquiring additional water supplies” only when the local lead agency or the public water system “concludes that water supplies will be insufficient.” Section 10911 is inapplicable here because the local lead agency concluded that the project “would not require . . . American Canyon to obtain additional water supplies[.]” (AR 135-139 [emphasis added].) And contrary to Vallejo’s assertion, the WSA does not identify water from Vallejo as an “additional water 25 13
supply” or a “contingency supply.” If anything, the WSA identifies “SWP Carryover Water,” “Advanced Table A Program,” and “Open Market Purchases” as supplemental sources in dry years when supply may exceed demand. (AR 4285-4290.)

CONCLUSION
For these reasons, the petition is denied.
* * *
Counsel for Respondent is directed to prepare a judgment incorporating the Court’s ruling as an exhibit thereto, submit it to counsel for approval as to form, and then submit it to the Court for signature, in accordance with California Rules of Court, rule 3.1312. 26 CITY COUNCIL AGENDA
AUGUST 6, 2024

STAFF REPORT

CONSENT
ITEM NUMBER: 3.

TITLE
Revised Fiscal Year 2024/2025 Salary Schedule

RECOMMENDATION
Adopt a Resolution Approving the Fiscal Year 2024/2025 Salary Schedule.

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

BACKGROUND & ANALYSIS
The City Council approves all employee salaries, classifica1on 1tles and changes. The California Government Code requires pay rates for employees be established pursuant to a “publicly available” salary schedule that includes certain information, such as position title and pay range.

To sa1sfy this requirement for Fiscal Year 2024/2025, the Council adopted Resolu1on 2024-59 on June 18, 2024.

While implemen1ng the pay changes contained in the Fiscal Year 2024/2025 Salary Schedule (the "Schedule"), staff discovered two errors:

The pay scales for the Human Resources Officer I and Human Resources Officer II classifications were inadvertently omitted.

The class code assigned to the Recrea1on Specialist classifica1on was duplica1ve of another classification.

ABer discussing these errors with the City Clerk, it was decided the errors were sufficiently material to require the Council adopt a superseding resolu1on correc1ng these errors. No other errors were discovered and no other changes are proposed.

Consistent with California Government Code sec1on 54953(c)(3), the proposed ac1on does not effect the salaries of any local agency executive.

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

FISCAL IMPACT
Appropriate funding is included in the City's Adopted Fiscal Year 2024/2025 Budget.

ENVIRONMENTAL REVIEW
15378(b) - The ac1on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec1ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution - 2024/25 Salary Schedules

2. Exhibit A - Salary Schedule for Full Time Permanant Classifications

3. Exhibit B - Salary Schedule for Part Time, Retired Annuitants and Extra Help 28 RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING THE FISCAL YEAR 2024/2025 SALARY SCHEDULES
WHEREAS, the California Code of Regulations (CCR) section 570.5 requires publishing of a “Publicly Available Pay Schedule;” and
WHEREAS, this salary schedule must include the position title for every employee position, pay rate for each position, and time base for each position; and
WHEREAS, on June 18, 2024, the City Council approved the Fiscal Year 2024/2025 salary schedules; and WHEREAS, during implementation of the salary schedules, staff discovered two material errors requiring revision the Fiscal Year 2024/2025 salary schedules as follows: add pay scales for the Human Resources Officer I and Human Resources Officer II classifications that were inadvertantly omitted, and amend the Class Code assigned to the Recreation Specialist classification.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon does hereby approve the revised Salary Schedule for Full-Time Permanent Classifications for Fiscal Year 2024/2025 effective July 6, 2023, as attached hereto as Exhibit "A," and the revised Salary Schedule for Part-Time, Retired Annuitants and Extra Help Classifications effective July 6, 2024, attached hereto as Exhibit “B,” to supersede previously adopted Salary Schedules.

PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 6
th day of August, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 29 Exhibit A
SALARY SCHEDULE FOR FULL‐TIME PERMANENT CLASSIFICATIONS ‐ FY2024‐25 Effective: July 6, 2024
Class Code Classification Basis
City Council Monthly $315.00
Executive Classifications
Minimum Control Pt. Maximum
1001 City Manager Annually $217,454.40 $271,818.00 $326,181.60 1009 Assistant City Manager Annually $188,059.20 $235,074.00 $282,088.80 1006 Community Development Director Annually $173,356.80 $216,696.00 $260,035.20 1004 Finance Director Annually $165,763.20 $207,204.00 $248,644.80 1003 Parks and Recreation Director Annually $150,988.80 $188,736.00 $226,483.20 1007 Public Works Director Annually $172,089.60 $215,112.00 $258,134.40 Class Code Classification Basis
ABCDE
6210 Assistant Director of Public Works Annually $155,652.51 $163,435.14 $171,606.90 $180,187.25 $189,196.61 6305 City Clerk Annually $118,629.75 $124,561.24 $130,789.30 $137,328.77 $144,195.21 2201 Chief Building Official Annually $130,945.05 $137,492.30 $144,366.92 $151,585.27 $159,164.53 2213 Chief Plant Operator Annually $110,159.52 $115,667.50 $121,450.87 $127,523.41 $133,899.58 2309 Development Services Engineer Annually $121,595.50 $127,675.28 $134,059.04 $140,761.99 $147,800.09 2200 Environmental Services Manager Annually $134,218.69 $140,929.62 $147,976.10 $155,374.90 $163,143.64 6208 Finance Manager Annually $144,538.84 $151,765.78 $159,354.07 $167,321.77 $175,687.86 6310 Human Resources Analyst I Annually $90,413.05 $94,933.70 $99,680.38 $104,664.40 $109,897.62 6311 Human Resources Analyst II Annually $99,799.09 $104,789.04 $110,028.49 $115,529.91 $121,306.41 6309 Human Resources Manager Annually $137,574.15 $144,452.86 $151,675.50 $159,259.27 $167,222.23 6307 Human Resources Officer I Hourly $97,364.96 $102,233.21 $107,344.87 $112,712.11 $118,347.72 6308 Human Resources Officer II Hourly $118,629.75 $124,561.24 $130,789.30 $137,328.77 $144,195.21 2302 Information Systems Officer Annually $118,629.75 $124,561.24 $130,789.30 $137,328.77 $144,195.21 2210 Maintenance Supervisor Annually $92,673.37 $97,307.04 $102,172.39 $107,281.01 $112,645.06 6303 Management Analyst I (Conf.) Annually $102,294.06 $107,408.76 $112,779.20 $118,418.16 $124,339.07 6304 Management Analyst II (Conf.) Annually $112,913.50 $118,559.18 $124,487.14 $130,711.50 $137,247.07 2310 Management Analyst I Annually $102,294.06 $107,408.76 $112,779.20 $118,418.16 $124,339.07 2311 Management Analyst II Annually $112,913.50 $118,559.18 $124,487.14 $130,711.50 $137,247.07 2204 Public Works Superintendent Annually $127,751.28 $134,138.84 $140,845.78 $147,888.07 $155,282.47 2212 Recreation Manager Annually $104,851.42 $110,093.99 $115,598.69 $121,378.62 $127,447.55 2205 Senior Civil Engineer Annually $134,218.69 $140,929.62 $147,976.10 $155,374.90 $163,143.64 2209 Senior Planner Annually $110,159.52 $115,667.50 $121,450.87 $127,523.41 $133,899.58 2211 Wastewater Operations Manager Annually $137,574.15 $144,452.86 $151,675.50 $159,259.27 $167,222.23 2207 Water Systems Manager Annually $134,218.69 $140,929.62 $147,976.10 $155,374.90 $163,143.64 Class Code Classification Basis
ABCDE
4301 Accountant Hourly $42.41 $44.53 $46.76 $49.10 $51.55 4402 Accounting Assistant I Hourly $27.19 $28.55 $29.98 $31.48 $33.05 4403 Accounting Assistant II Hourly $30.01 $31.51 $33.09 $34.74 $36.48 4404 Accounting Assistant III Hourly $33.12 $34.78 $36.52 $38.35 $40.27 4405‐3405 Accounting Technician
(General & Confidential) Hourly $36.56 $38.39 $40.31 $42.33 $44.45 4707 Administrative Clerk I Hourly $24.04 $25.24 $26.50 $27.82 $29.21 4708 Administrative Clerk II Hourly $26.52 $27.85 $29.24 $30.70 $32.24 4709 Administrative Clerk III Hourly $29.29 $30.75 $32.29 $33.90 $35.59 4706 Administrative Technician Hourly $35.68 $37.46 $39.33 $41.30 $43.36 4312 Assistant Planner Hourly $43.47 $45.64 $47.92 $50.32 $52.84 4314 Associate Planner Hourly $47.98 $50.38 $52.90 $55.54 $58.32 4415 Building Inspector I Hourly $40.36 $42.38 $44.50 $46.72 $49.06 4416 Building Inspector II Hourly $44.55 $46.78 $49.12 $51.58 $54.16 4917 Building Maintenance Worker Hourly $34.81 $36.55 $38.38 $40.30 $42.31 4318 Capital Projects Coordinator Hourly $50.40 $52.92 $55.57 $58.35 $61.27 4422 Civil Engineering Technician Hourly $45.67 $47.95 $50.35 $52.87 $55.51 4419 Code Enforcement Officer Hourly $38.42 $40.34 $42.36 $44.48 $46.70 5403 Construction Management Aide
(At‐Will/Temporary/Seasonal) Hourly $35.68 $37.46 $39.33 $41.30 $43.36 3104 Deputy City Clerk (Conf.) Hourly $46.81 $49.15 $51.61 $54.19 $56.90 4101 Deputy City Clerk CDD Hourly $46.81 $49.15 $51.61 $54.19 $56.90 Salaries
Annual Salary Steps
Hourly Steps
Exempt Classifications
Non‐ Exempt Classifications
Amended by City Council Resolution on August 6, 2024. Page 130of 2 Class Code Classification Basis
ABCDE
Hourly Steps
Non‐ Exempt Classifications
4323 Engineer I Hourly $45.67 $47.95 $50.35 $52.87 $55.51 4311 Engineer II Hourly $50.40 $52.92 $55.57 $58.35 $61.27 4313 Engineer III Hourly $55.64 $58.42 $61.34 $64.41 $67.63 4441 Engineering Technician Hourly $40.36 $42.38 $44.50 $46.72 $49.06 4438 Environmental Specialist I Hourly $35.68 $37.46 $39.33 $41.30 $43.36 4425 Environmental Specialist II Hourly $39.38 $41.35 $43.42 $45.59 $47.87 4439 Environmental Specialist III Hourly $43.47 $45.64 $47.92 $50.32 $52.84 3105 Executive Assistant to the City
Manager Hourly $37.48 $39.35 $41.32 $43.39 $45.56
3102 Fire Executive Assistant/ Office
Administrator Hourly $39.38 $41.35 $43.42 $45.59 $47.87 3106 Human Resources Technician Hourly $33.12 $34.78 $36.52 $38.35 $40.27 4324 Lab Analyst Hourly $46.81 $49.15 $51.61 $54.19 $56.90 4927 Maintenance Worker I Hourly $29.29 $30.75 $32.29 $33.90 $35.59 4928 Maintenance Worker II Hourly $32.32 $33.94 $35.64 $37.42 $39.29 4929 Maintenance Worker III Hourly $35.68 $37.46 $39.33 $41.30 $43.36 4831 Mechanic Hourly $38.42 $40.34 $42.36 $44.48 $46.70 4442 Parks  and Open Space Project
Coordinator Hourly $35.68 $37.46 $39.33 $41.30 $43.36
4440 Permit Technician Hourly $34.81 $36.55 $38.38 $40.30 $42.31 4833 Plant Maintenance Mechanic I Hourly $39.38 $41.35 $43.42 $45.59 $47.87 4832 Plant Maintenance Mechanic II Hourly $43.47 $45.64 $47.92 $50.32 $52.84 5402 Plant Operator Apprentice Hourly $35.59
4435 Plant Operator I Hourly $39.38 $41.35 $43.42 $45.59 $47.87 4436 Plant Operator II Hourly $43.47 $45.64 $47.92 $50.32 $52.84 4437 Plant Operator III Hourly $47.98 $50.38 $52.90 $55.54 $58.32 4732 Police Technician Hourly $30.76 $32.30 $33.91 $35.61 $37.39 4608 Recreation Coordinator Hourly $33.95 $35.65 $37.43 $39.30 $41.27 4233 Recreation Supervisor Hourly $41.38 $43.45 $45.62 $47.90 $50.29 4634 Senior Bus Driver Hourly $29.29 $30.75 $32.29 $33.90 $35.59 4930 Senior Maintenance Worker Hourly $39.38 $41.35 $43.42 $45.59 $47.87 4420 Sustainability Coordinator Hourly $40.36 $42.38 $44.50 $46.72 $49.06 Fiscal Year 22/23 Modifications
Fiscal Year 21/22 Modifications

2. 2% pay increase for City Manager effective 7/1/2021

3. Update hourly pay rate for Plant Operator Apprentice consistent with Resolution 2007‐92

4. Adjust City Manager's compensation effective July 1 per contract approved Oct. 5, 2021 Fiscal Year 20/21 Modifications

2. 2% pay increase for City Manager effective 7/1/2020

3.  Add Maintenance and Utilities Director classification and set salary range to Pay Band M1 effective pay period that includes 7/1/2020

1.Market Adjustment, Internal Alignment & Range Placements consistent with Total Compensation Study, Recruitment and Retention Strategic Plan, and Memorandums of Understanding effective the pay period starting 7/9/2022.

2. Contract Adjustment ‐ 5% pay increase for all permanent employees (excludes City Manager and Temporary employees) effective pay period starting 7/9/2022.

1. Contract Adjustment‐ 3.8% pay increase for all permanent employees (excludes City Manager and Temporary employees) effective pay period starting 7/10/2021

3. Reassign Deputy Public Works Director classification to Unrepresented from At‐Will Manager.

1. Contract Adjustment ‐ 4.2% pay increase for all Regular classifications (excludes City Manager and Temporary classes not indexed to a Regular classification) effective pay period starting 7/8/2023.

2. 4% pay increase for City Manager per contract.

Fiscal Year 23/24 Modifications
Fiscal Year 24/25 Modifications

4. Update minimum wage rate and new rate for the following positions: Lifeguard, WSI Lifeguard, Office Assistant, Program Coordinator, Recreation Leader , Cashier, Service

1. Contract Adjustment ‐ 3.8% cost‐of‐living increase for all Regular classifications (excludes Temporary classes not indexed to a Regular classification) effective pay period starting 7/6/2024.

3. Amend compensation plan to remove the classifications of Deputy Public Works Director, Maintenance & Utilities Director, Administrative Services Director, Human Resources Assistant, Human Resources Officer and Aquatics Supervisor.

5.  Update minimum wage rate and new rate for the following positions: Lifeguard, WSI Lifeguard, Office Assistant, Program Coordinator, Recreation Leader, Cashier, Service

6.  Create Management Fellow salary range.

1. Contract Adjustment‐ 2% pay increase for all permanent employees (excludes City Manager and Temporary employees) effective pay period that includes 7/1/2020

2. Amend compensation plan to add the classifications of Assistant Director of Public Works, Chief Plant Operator, Deputy City Clerk‐CDD, Human Resources Analyst I/II, Human Resources Manager, Human Resources Technician and Management Analyst I/II (Represented).

Amended by City Council Resolution on August 6, 2024. Page 231of 2 Exhibit B
SALARY SCHEDULE FOR PART‐TIME, RETIRED ANNUITANTS & EXTRA HELP ‐ 2024 Effective July 6, 2024

CLASS CODE CLASSIFICATION PAY BASIS A B C D E
5601 Bus Driver (Non‐Regular) Hourly 21.24                 22.30             23.42        24.59              25.82 5602 Cashier (Seasonal) Hourly 16.00                 16.80             17.64        18.52              19.45 5607 Lifeguard (Temporary) Hourly 16.80                 17.64             18.52        19.45              20.42 5605 Lifeguard (WSI) (Temporary) Hourly 17.22                 18.08             18.98        19.93              20.93 Minimum Maximum
5609 Management Aide (At Will /Temp) Hourly 34.00                    150.00 Minimum Maximum
6309 Management Fellow (At Will /Limited) Hourly 30.00                       58.00 5101 Office Assistant Hourly 19.72                 20.71             21.75        22.84              23.98 5603 Program Coordinator (Temporary) Hourly 24.15                 25.36             26.63        27.96              29.36 5611 Recreation Specialist (Temporary) Hourly 27.88                 29.27             30.73        32.27              33.88 5604 Recreation Leader (Temporary) Hourly 16.00                 16.80             17.64        18.52              19.45 5608 Senior Lifeguard (WSI) (Temporary) Hourly 19.32                 20.29             21.30        22.37              23.49 5610 Senior Recreation Leader (Temporary) Hourly 18.40                 19.32             20.29        21.30              22.37 5606 Service Worker (Temporary) Hourly 22.32                 23.44             24.61        25.84              27.13 Minimum Maximum
5401 Student Intern (Temporary) Hourly 16.00                       29.36 DEFINITIONS:

Fiscal Year 24/25 Modifications
Fiscal Year 23/24 Modifications
Fiscal Year 22/23 Modifications
The following pay ranges are the authorized pay levels for individuals working in a part‐time, temporary, limited term or extra help capacity. The specific pay assignment with each level should be based on internal equity as well as training and experience of the individual filling the part‐time or extra help position. Unless approved by the City Council, the pay of an individual working in any of the temporary job classifications listed below shall be within the approved range.

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

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

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

1. Apply 4.2% wage Increase for Bus Driver, Office Assistant and Service Worker classifications, which are indexed to similar Regular classifications effective July 8, 2023.

2. Increased the Minimum Wage and adjusted classes tied to it: Cashier, Lifeguard, Lifeguard (WSI), Program Coordinator, Recreation Leader, Senior Lifeguard, Senior Recreation Leader and Student Intern, effective January 1, 2024.

1. Apply 3.8% wage Increase for Bus Driver, Office Assistant and Service Worker classifications, which are indexed to similar Regular classifications, effective July 6, 2024.

2. Amend compensation plan to add classification of Recreation Specialist, which is indexed to Regular classification of Recreation Coordinator.

Amended by City Council Resolution on August 6, 2024. Page 1 of321

CITY COUNCIL AGENDA
AUGUST 6, 2024

STAFF REPORT

CONSENT
ITEM NUMBER: 4.

TITLE
Quarterly Investment Report for City and Fire District for Fiscal Year 2023-24 Quarter 4

RECOMMENDATION
Receive and file the City and Fire District’s Treasurer’s Report for the quarter ended June 30, 2024.

CONTACT
Juan Gomez, Finance Director

BACKGROUND & ANALYSIS
The City’s Investment Policy requires; the Treasurer to submit a quarterly investment report to the City Council. The report (A4achment 1) for the quarter ended June 30, 2024, includes investment transac7ons for both the City and Fire District. The report shows the City’s cash and investment book balance, including debt reserves and unspent proceeds, was $84,822,117. The Fire District’s book balance was $6,560,952.

The City’s diversified porAolio includes $27.8 million invested in the California State Treasurer’s Office Local Agency Investment Fund (LAIF), $25.3 million invested in the California Asset Management Program and $24.6 million managed by Chandler Asset Management. The funds managed by Chandler are invested in U.S. Treasury Notes, Federal Agency Securities, Asset Backed Securities, U.S. Corporate Notes, Supranational Securities, and FDIC insured Corporate Notes.

The Fire District maintains cash and investment accounts separately from the City. The book value of the District’s total porAolio is $6.56 million. All cash not needed to meet the current opera7onal requirements of the Fire District is invested with Local Agency Investment Fund (LAIF).

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

FISCAL IMPACT
The recommended action will have no impact on the city’s budget. 33 ENVIRONMENTAL REVIEW
Not Applicable
ATTACHMENTS:

1. Investment Report June 30, 2024

2. Chandler Asset Management Report June 2024
34 Investment Report
For the Quarter Ended
June 30, 2024
ATTACHMENT 1
City of American Canyon
Operating and Capital Funds Book Value Market Value Book Yield (1) % of Portfolio Cash - Petty $ 2,000 $ 2,000 0.00%
Cash - Westamerica Bank 4,923,495 4,923,495 0.30% 5.96% Local Agency Investment Fund 27,797,273 27,694,869 4.55% 33.67% California Asset Management Program 15,279,813 15,279,813 5.43% 18.51% California Asset Management Program - TERM 10,000,000 10,000,000 5.29% 12.11% Asset Backed Securities 1,489,058 1,475,329 5.15% 1.80% Federal Agency Securities 3,853,009 3,762,718 4.79% 4.67% Collaterial Mortgage Obligations 596,262 584,495 5.04% 0.72% Corporate Notes 6,522,890 6,337,647 5.26% 7.90%
Money Market Fund 36,057 36,057 4.92% 0.04%
Cash 18,448 18,448 0.02%
Supranational 1,434,467 1,408,142 4.91% 1.74%
U.S. Treasury Notes 10,612,374 10,290,893 4.54% 12.85%
TOTAL OPERATING CASH 82,565,146 81,813,906 4.63% 100.00% Debt Reserves and Proceeds
Debt Service Reserves
602 - American Canyon Road 726,225 726,225
603 - CFD 856,032 856,032
Capital Reserve
601 - 2004 Reassessment 363,688 363,688
360 - AmCyn Road East 311,027 311,027
TOTAL DEBT & CAPITAL RESERVES 2,256,971 2,256,971
TOTAL CASH AND INVESTMENTS - CITY $ 84,822,117 $ 84,070,877 (1) The weighted average yield as operating and capital funds for the month ended 6/30/2024 was 4.63%. 35 Investment Report
For the Quarter Ended
June 30, 2024
ATTACHMENT 1
American Canyon Fire Protection District
Description Book Value Market Value Book Yield (2) % of Portfolio Cash - Westamerica Bank $ 1,965,860 1,965,860 0.30% 29.96% Local Agency Investment Fund 4,595,092 4,578,164 4.55% 70.04% TOTAL CASH AND INVESTMENTS - FIRE DISTRICT $ 6,560,952 $ 6,544,024 3.28% 100.00% (2) The weighted average yield for the month ended 6/30/2024 was 3.28%.

The investments, as shown above, are in conformance with the Investment Policy or bond agreements There are sufficient funds to meet the City's budgeted financial obligations for the next six months.

Submitted,
Juan Gomez
Finance Director/Treasurer
36 37
Beg. Values as of 06/01/2024 End Values as of 06/30/2024 Total Market Value 23,905,751.94 24,062,505.97 38 STATEMENT OF COMPLIANCE City of American Canyon | Account #10130 | As of June 30, 2024 Rules Name Limit Actual Compliance Status Notes 4 4 39
STATEMENT OF COMPLIANCE City of American Canyon | Account #10130 | As of June 30, 2024 Rules Name Limit Actual Compliance Status Notes FEDERAL AGENCIES 4 MUTUAL FUNDS 40 STATEMENT OF COMPLIANCE City of American Canyon | Account #10130 | As of June 30, 2024 Rules Name Limit Actual Compliance Status Notes 4 U.S. TREASURIES 4
41 RECONCILIATION SUMMARY City of American Canyon | Account #10130 | As of June 30, 2024 Accrual Activity Summary Fair Market Activity Summary Month to Date Fiscal Year to Date (07/01/2023) Month to Date Fiscal Year to Date (07/01/2023) Maturities / Calls Month to Date 0.00 Fiscal Year to Date (500,000.00) Principal Paydowns Month to Date (76,616.02) Fiscal Year to Date (1,136,268.31) Purchases Month to Date 877,778.34 Fiscal Year to Date 11,675,162.89 Sales Month to Date (761,303.23) Fiscal Year to Date (9,508,639.98) Interest Received Month to Date 38,598.22 Fiscal Year to Date 542,227.65 Purchased / Sold Interest Month to Date 1,365.04 Fiscal Year to Date (10,723.01) 42 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity ABS 04/20/2021 NA/AAA AAA 03/02/2021 Aaa/NA AAA NA/AAA AAA Aaa/NA AAA Aaa/NA AAA NA/AAA AAA Aaa/AAA NA Aaa/AAA NA 03/10/2022 Aaa/NA AAA Aaa/AAA NA 10/13/2021 Aaa/AAA NA NA/AAA AAA 01/11/2022 NA/AAA AAA Aaa/AAA NA Aaa/NA AAA NA/AAA AAA 10/12/2022 Aaa/NA AAA 43 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AAA NA NA/AAA AAA AAA Total ABS 1,489,209.99 3.63% 1,488,954.39 1,489,058.14 99.08 5.15% 1,475,329.43 2,369.03 6.17% (13,728.71) Aaa/AAA AAA 2.62 1.14 AGENCY Aaa/AA+ AA+ 04/22/2020 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 44 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity 04/22/2024 Aaa/AA+ AA+ Aaa/AA+ AA+ Total Agency 3,850,000.00 2.63% 3,850,416.32 3,853,008.73 97.80 4.79% 3,762,717.76 16,861.44 15.73% (90,290.98) Aaa/AA+ AA+ 2.53 2.31 AGENCY CMBS Aaa/AA+ AAA Aaa/AA+ AAA Total Agency CMBS 602,001.54 3.38% 604,306.19 596,262.37 97.11 5.04% 584,494.68 1,851.07 2.44% (11,767.70) Aaa/AA+ AAA 3.04 2.68 Aaa/AAA AAA Total Cash 18,448.44 0.00% 18,448.44 18,448.44 1.00 0.00% 18,448.44 0.00 0.08% 0.00 Aaa/AAA AAA 0.00 0.00 02/24/2021 A3/AA Aaa/AA+ NA A2/A NA A1/AA 02/02/2022 A1/A 45 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity A2/A+ A A1/A+ A+ Aa2/AA AA A1/A A2/AA 03/01/2022 A Aa2/AA A+ A1/AA A3/A A2/BBB+ AA2/A A+ Aa2/AA AA 04/10/2023 A1/A+ NA A1/A 46 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity Aaa/AA+ NAA 01/24/2024 A1/A+ NA 03/14/2024 NAA+ A3/AAA2/AA Total Corporate 6,570,000.00 3.19% 6,545,478.35 6,522,889.92 96.54 5.26% 6,337,647.44 50,707.47 26.50% (185,242.48) A1/A A+ 2.85 2.39 FUND Aaa/ AAAm AAA Total Money Market Fund 36,056.59 4.92% 36,056.59 36,056.59 1.00 4.92% 36,056.59 0.00 0.15% 0.00 Aaa/ AAAm AAA 0.00 0.00 Aaa/AAA NA Aaa/AAA NA 47 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity 10/21/2020 Aaa/AAA NA Aaa/AAA NA Aaa/AAA NA Aaa/AAA NA Total 1,445,000.00 2.29% 1,432,061.10 1,434,467.12 97.49 4.91% 1,408,141.87 12,316.18 5.89% (26,325.24) Aaa/AAA NA 2.31 2.09 US TREASURY Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 48 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity 12/20/2022 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ 12/21/2023 Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Aaa/AA+ AA+ Total US Treasury 10,670,000.00 3.09% 10,576,220.90 10,612,374.26 96.54 4.54% 10,290,892.76 64,671.81 43.03% (321,481.50) Aaa/AA+ AA+ 3.29 3.02 49 HOLDINGS REPORT City of American Canyon | Account #10130 | As of June 30, 2024 Cusip Units Cost Value Book Value Mkt YTM Market Value Accrued Int. Gain/Loss Fitch Maturity 24,680,716.56 3.04% 24,551,942.28 24,562,565.58 96.75 4.84% 23,913,728.97 148,777.00 100.00% (648,836.60) Aa2/AA- AA 2.94 2.55 Total Market Value + Accrued 24,062,505.97 50 CITY COUNCIL AGENDA
AUGUST 6, 2024

STAFF REPORT

CONSENT
ITEM NUMBER: 5.

TITLE
Ordinance Amending Municipal Code Titles 13 and 14 Second Reading

RECOMMENDATION
Waive final reading, read by .tle only and adopt an ordinance amending Titles 13 and 14 of the City of American Canyon Municipal Code authorizing the City Council to amend the .ming for payment of Development or Mitigation Impact Fees for sewer and water fees.

CONTACT
William D. Ross, City Attorney
Jason B. Holley, City Manager

BACKGROUND & ANALYSIS
The City of American Canyon ("City") may exact development or mi.ga.on impact fees as a condi.on of gran.ng discre.onary land use and development permits and approvals and pursuant to its police power under California Cons.tu.on Ar.cle XI, Sec.on 7, subject to the limita.ons of the Mi.ga.on Fee Act, Government Code Sec.on 66000 et seq. (the "Mi.ga.on Fee Act"). The City has discre.on as to when the City collects development or mi.ga.on impact fees subject to the limitations of the Mitigation Fee Act.

Consistent with the Mi.ga.on Fee Act, the City currently collects water capacity fees and wastewater capacity fees prior to the issuance of building permits for new construc.ons and prior to the approval of final maps for subdivisions.

Among Mi.ga.on Fee Act impact fees that may be collected, Government Code Sec.on 66007(a), a provision of the Mi.ga.on Fee Act, expressly provides that the City may collect development impact fees such as "water capacity fees" and "wastewater capacity fees" on the date of issuance of a cer.ficate of occupancy. Certain other City development impact fees, including Parks, Civic, and Traffic impact fees are currently subject to deferral by City Resolution.

The deferral of development impact fees can be a significant factor regarding whether it is economically feasible to start construc.on on a development project, par.cularly in this .me of contrac.on in the credit markets. Allowing construc.on to commence with deferment of impact fees may benefit the City by: (a) accelera.ng increases in property tax valua.on due to assessment 51 as improved land or increased property value through a sales contract; (b) collec.on of sales taxes on building materials purchased locally; (c) revenue from business license taxes from contractors and design professionals; (d) employment of construc.on personnel and their spending in the local area; and (e) increased business ac.vity when owners and purchasers seek to furnish their new building prior to occupancy.

City Staff has determined that given the referenced benefits, it is beneficial wishes to have discre.on in the .ming of collec.ng water capacity fees and sewer wastewater capacity fees to further its mission of growing the local economy. The aCached ordinance would amend the municipal code to allow water and wastewater capacity fees to be deferred un.l issuance of a certificate of occupancy. Such a deferral would be accomplished by City Council resolution.

On July 16, 2024, at a regularly scheduled mee.ng of the City Council, a first reading of the Ordinance was held.

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Economic Development and Vitality: "ACract and expand diverse business and employment opportunities."

FISCAL IMPACT
Adop.on of the Ordinance means that the City, upon City Council Resolu.on, will not receive revenue from development impact fees at the .me the City approves development projects or the issuance of a building permit, but instead defers receipt of the revenue to the .me the projects are completed (upon the issuance of a cer.ficate of occupancy). Allowing for the discre.onary postponement of development impact fees could provide an incen.ve to accelerate an approved project by assis.ng with financing knowing that the fees will not be due un.l the .me the cer.ficate of occupancy is issued.

ENVIRONMENTAL REVIEW
The ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regula.on Sec.on 15060(c)(2) because the ac.vity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Sec.on 15060(c)(3) because the ac.vity is not a project as defined in Sec.on 15378 of the CEQA Guidelines, California Code of Regula.ons, Title 14, Chapter 3 because it has no poten.al for resul.ng in physical change to the environment, directly or indirectly. In addition, the ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.

ATTACHMENTS:

1. Ordinance - Amending Titles 13 and 14
52 ORDINANCE NO. 2024-____

AN ORDINANCE OF THE CITY OF AMERICAN CANYON CITY COUNCIL AMENDING TITLES 13 AND 14 OF THE CITY OF AMERICAN CANYON MUNICIPAL CODE, TO AUTHORIZE THE

CITY COUNCIL TO AMEND THE TIMING FOR PAYMENT OF DEVELOPMENT OR

MITIGATION IMPACT FEES FOR SEWER AND WATER FEES
WHEREAS, the City of American Canyon ("City") may exact development or mitigation impact fees as a condition of granting discretionary land use and development permits and approvals and pursuant to its police power under California Constitution Article XI, Section 7, subject to the limitations of the Mitigation Fee Act, Government Code Section 66000 et seq. (the "Mitigation Fee Act"); and
WHEREAS, the City has discretion as to when the City collects development or mitigation impact fees subject to the limitations of the Mitigation Fee Act; and WHEREAS, Government Code Section 66007(a), a provision of the Mitigation Fee Act, expressly provides that the City may collect development impact fees such as “water capacity fees” and “wastewater capacity fees” on the date of issuance of a certificate of occupancy; and
WHEREAS, the City currently collects water capacity fees and wastewater capacity fees prior to the issuance of building permits for new constructions and prior to the approval of final maps for subdivisions; and
WHEREAS, the City Council wishes to have discretion in the timing of collecting water capacity fees and wastewater capacity fees to further its mission of growing the local economy; and
WHEREAS, the Ordinance is exempt from environmental review under CEQA.

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

SECTION 1. Title 13, Chapter 13.06 of the Municipal Code is hereby amended as follows (bold, underline):

13.06.090 (A)
At the time of submission of an application for a building permit for connection to the city water system, an applicant shall be required to pay a water capacity fee, in proportion to the new connection's impact on the water system. The water capacity fees set forth in this chapter shall be collected from new construction 53 prior to issuance of a building permit, and for subdivisions prior to approval of a final map, unless other provisions are adopted as a part of an approved development agreement, or the City Council authorizes an alternative to the timing of such fees by resolution.

SECTION 2. Title 14, Chapter 14.06 of the Municipal Code is hereby amended as replacing existing Section 14.06.020 (A) as follows:

14.06.020 (A)
At the time of submission of application for building permit for connection to the city wastewater collection system, an applicant shall pay a wastewater capacity fee in proportion to use of the capacity of the wastewater system. The wastewater capacity fees set forth in this chapter shall be collected from new construction prior to issuance of a building permit, and for subdivisions prior to approval of a final map, unless other provisions are adopted as a part of an approved development agreement, or the City Council authorizes an alternative to the timing of such fees by resolution.

SECTION 3. CEQA Exemption
The ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 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 ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.

The foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of American Canyon, State of California, held on the 16th day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
54 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 6 th day of August, 2024, by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 55 Future Agenda Items
August 7, 2024, Open Space, Active Transportation and Sustainability Commission, 6:30 p.m.

Clark Ranch Hazard Mitigation
August 8, 2024, Parks and Community Services Commission Meeting Cancelled
August 20, 2024, Regular City Council Meeting. 6:30p Open Session Green Island Rd. Paving Project Authority to Issue Bonds, etc.

CalCities Voting Delegate
August 20, 2024, Special Joint City Council/Planning Commission Meeting 7:30 p.m.

Objective Design Standards Workshop
August 22, 2024, Planning Commission Meeting. 6:30 p.m.

Oat Hill Multi Family Project
SDG 220 Warehouse
Crawford Way Multi Family Project
September 3, 2024, Regular City Council Meeting . 6:30p Open Session.

National Hispanic Heritage Month
Oat Hill Multi Family Project
City Council Code of Conduct and Governance Protocols
National Community Survey Report
56