REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
September 3, 2024
6:30 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 Oral comments, during the meeting: Oral comments can be made in person during Open and Closed Session or through Zoom in Open Session only. On Zoom use the "raise your hand" tool during any public comment period.
To avoid confusion, hands raised outside of Public Comment periods will be lowered.
Wri:en 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.americancanyon.gov.
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 alternative format or auxiliary aid, at least three calendar days before the meeting. 5:30 P.M. – CLOSED SESSION
The mayor will call the meeng to order and conduct roll call. Council will immediately convene into Closed Session aer hearing any public comment on Closed Session items. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary.
Mayor: Leon Garcia
Vice Mayor: David Oro
Councilmembers: Mariam Aboudamous, Mark Joseph, Pierre Washington CITY COUNCIL MEETING AGENDA SEPTEMBER 3, 2024
1 CALL TO ORDER - CLOSED SESSION
ROLL CALL - CLOSED SESSION
PUBLIC COMMENTS - CLOSED SESSION ITEMS
This me is reserved for members of the public to address the City Council on Closed Session Items only. Comments must be made in person and are limited to 3 minutes. Comments for items on the Open Session agenda will be taken when the item is called in Open Session. Comments for Items not on the Closed Session or Open Session agenda will be heard during the Open Session Public Comment period.
MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
5:30 P.M. CLOSED SESSION ITEMS
1. Conference with Legal Counsel – An&cipated Li&ga&on. Authorized pursuant to Government Code Section 54956.9 (d)(2). Three (3) Matters.
Recommendation:
2. Conference with Legal Counsel - Exis&ng Li&ga&on. 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).
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
PLEDGE OF ALLEGIANCE
ROLL CALL - OPEN SESSION
REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION
PROCLAMATIONS AND PRESENTATIONS
3. National Hispanic Heritage Month
CITY COUNCIL MEETING AGENDA SEPTEMBER 3, 2024
2 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
4. Minutes of Regular City Council Meeting of August 20, 2024 Recommendation: Approve the minutes of the Regular City Council mee"ng of August 20, 2024.
5. Minutes of Special Joint Meeting of August 20, 2024
Recommendation: Approve the minutes of the Special Joint City Council/Planning Commission meeting of August 20, 2024.
6. Water Treatment Plant Membrane Replacement
Recommendation: Adopt a Resolu"on authorizing the City Manager to purchase ultramembrane filters from Veolia Water Technologies & Solu"ons for the Water Treatment Plant in the amount not to exceed $1,103,777.
7. Notice of Completion for Via Bellagio Playground Surface Project (PR23-0800) Recommendation: Adopt a Resolu"on accep"ng the project as complete and authorizing the Public Works Director to file a No"ce of Comple"on in conjunc"on with the Via Bellagio Playground Surface Project (PR23-0800).
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS
8 2024 National Community Survey Report
Recommendation: Receive and file the 2024 National Community Survey Report. 9 City Council Code of Conduct and Governance Protocols Recommendation: Provide feedback on a draN City Council Code of Conduct and Governance Protocols
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
CITY COUNCIL MEETING AGENDA SEPTEMBER 3, 2024
3 The Mayor and Council may comment on ma(ers of public concern and announce ma(ers of public interest; no collective council action will be taken.
FUTURE AGENDA ITEMS
10. Future Agenda Items of Note
ADJOURNMENT
CERTIFICATION
I, Nicolle Hall, Deputy 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. ______________________________________
Nicolle Hall, Deputy City Clerk
CITY COUNCIL MEETING AGENDA SEPTEMBER 3, 2024
4 CITY OF AMERICAN CANYON
PROCLAMATION
Hispanic Heritage Month
WHEREAS, National Hispanic Heritage Month, known as “Mes de Herencia Hispana” is celebrated nationwide from September 15th through October 15th of each year. The observation started in 1968 as Hispanic Week and was expanded by President Ronald Reagan in 1988, to cover the month at which it is celebrated today. Understanding that September 15 is significant because it is the anniversary of the independence of Latin American countries Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16th and 18th, respectively; and
WHEREAS, the City of American Canyon looks forward to celebrating “Mes de Herencia Hispana”, highlighting the rich heritage, arts, histories, food, music, and traditions of all 26+ Latin-American nations.
While recognizing that these nations are not monogamous and this month celebrates, honors, and pays tribute to all for their contributions to our city and our community; and WHEREAS, the City of American Canyon has a long history of welcoming immigrants and is home to a growing multiethnic and multicultural Latino population, all of whom are welcome and very much appreciated; and
WHEREAS, the diverse Latino population of American Canyon makes a significant economic contribution and has other profound positive influences on our community through their strong commitment to family, faith, education, hard work, culture, and service; and
WHEREAS, this community thrives on the diversity and ingenuity of all people and depends on the continued support and success of our diverse Latino population, and we will continue to be enriched by the transcultural contributions of our Latino friends and neighbors for many decades to come.
NOW, THEREFORE, BE IT RESOLVED that I, Mayor Leon Garcia, on behalf of the entire City Council, do hereby proclaim September 15th through October 15th, 2024, as Hispanic Heritage Month - “Mes de Herencia Hispana” in the City of American Canyon.
Dated: September 3, 2024 ________________________________ Leon Garcia, Mayor
5 CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
August 20, 2024
CALL TO ORDER - CLOSED SESSION
The City Council meeting was called to order at 5:30 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 for Closed Session items. Written comments: none. Oral comments: none. The public comment period was closed.
MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
5:30 P.M. CLOSED SESSION ITEMS
1. Conference with Legal Counsel – Anticipated Litigation. Authorized pursuant to Government Code Section 54956.9 (d)(2). Two (2) Matters.
Action:
2. 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).
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 6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION
The City Council meeting was called to order at 6:41 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
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
There were no proclamation or presentation items.
PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Garcia called for public comments. Written comments: none. Oral comments: Terrence McGrath was called to speak. The public comments period was closed.
AGENDA CHANGES
There were no changes to the agenda.
CONSENT CALENDAR
Action: Motion to adopt CONSENT CALENDAR made by Councilmember Mark Joseph, 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
Absent: Councilmember Mariam Aboudamous
Excused: None
3. Minutes of August 6, 2024
Action: Approved the minutes of the Regular City Council Meeting of August 6, 2024. 7 4. Green Island Road Project Design Amendment
Action: Adopted Resolution 2024-63 approving Amendment #8 (Agreement 2024-A119) to Agreement 2016-15 with CONSOR North America, Inc., in the amount of $135,000 for design services, for a total contract amount not to exceed $1,549,030, in conjunction with the Green Island Road Reconstruction and Widening Project (TR16-0700).
5. Brightview Landscape Services Amendment #11
Action: Adopted Resolution 2024-64 approving Amendment #11 (Agreement 2024-A120) to Agreement # 2017-A111 with Brightview Landscape Services in the amount of $400,000 for a total amount not to exceed $3,312,497 for annual landscape maintenance services.
6. Janitorial Services FY24/25
Action: Adopted Resolution 2024-65 approving Amendment #1 (Agreement 2024-A121) to Agreement #2021-79 for $105,000, with Quali Serv Janitorial, for a total not to exceed of $540,000.
PUBLIC HEARINGS
There were no public hearing items.
BUSINESS
7. Green Island Road Project CFD Financing
Council received a Green Island Road Project CFD Financing staff report from City Manager Jason Holley with Ralph Holmes of Piper-Sandler available to answer questions. Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed.
Action: Motion to adopt Resolution 2024-66 authorizing the following in conjunction with the Green Island Road Reconstruction and Widening Project (TR16-0700):
The issuance and sale of special tax bonds for and on behalf of the City of American Canyon Community Facilities District No. 2018-1 (Green Island Road Project); and The City Manager to execute approved agreements related to the issuance and sale of such bonds, a preliminary office statement, and other related documents and actions. 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
8 8. Voting Delegate and Alternate(s) for the League of California Cities 2024 Annual Business Meeting
Council received a staff report from City Clerk Taresa Geilfuss. Mayor Garcia called for public comments. Written comments: none. Oral comments: none. The public comments period was closed.
Action: Motion to adopt Minute Order 2024-07 designating Mayor Leon Garcia as the Voting Delegate and Vice Mayor David Oro as the alternate for the League of California Cities 2024 Annual Business Meeting made by Councilmember Mark Joseph, 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
MANAGEMENT AND STAFF ORAL REPORTS
No management staff reports
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
None
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
The mayor and council members provided oral reports and announced items of community interest.
FUTURE AGENDA ITEMS
9. Future Agenda Items of Note
Action: Motion to add to a future agenda an informational update on Newell Drive made by Councilmember Mark Joseph, seconded by Vice Mayor David Oro, 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
9 ADJOURNMENT
The meeting was adjourned at 7:25 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
10 CITY OF AMERICAN CANYON
SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
ACTION MINUTES
August 20, 2024
7:30 P.M. SPECIAL MEETING
CALL TO ORDER
The City Council meeting was called to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
ROLL CALL
Present: Commissioner Eric Altman, Commissioner Andrew Goff, Commissioner Crystal Mallare, Vice Chair Davet Mohammed, Chair Brando Cruz, Councilmember Mark Joseph, Councilmember Pierre Washington, Vice Mayor David Oro, Mayor Leon Garcia
Absent: None
Excused: Councilmember Mariam Aboudamous
PUBLIC COMMENT - ITEMS NOT ON THE AGENDA
Mayor Garcia called for public comments. Written comments: none. Oral comments: Yvonne Baginski was called to speak; Beth Marcus was called to speak. The public comment period was closed.
WORKSHOP
1. Objective Design Standards
Council received an Objective Design Standards staff report and presentation from Community Development Director Brent Cooper with consultant Kimmie Nguyen, AICP, RRM Design Group.
Mayor Garcia called for public comments. Written comments: none. Oral comments: Fran Lemos was called to speak; Beth Marcus was called to speak. The public comment period was closed.
ADJOURNMENT
The meeting was adjourned at 9:12 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
11 CITY COUNCIL AGENDA
SEPTEMBER 3, 2024
STAFF REPORT
CONSENT
ITEM NUMBER: 6.
TITLE
Water Treatment Plant Membrane Replacement
RECOMMENDATION
Adopt a Resolu(on authorizing the City Manager to purchase ultra-membrane filters from Veolia Water Technologies & Solu(ons for the Water Treatment Plant in the amount not to exceed $1,103,777.
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Dominic Patrick, Water Systems Manager
BACKGROUND & ANALYSIS
The treatment of drinking water at the City’s Water Treatment Plant (WTP) is accomplished by two separate facili(es: a conven(onal plant and a membrane plant. The membrane plant u(lizes ultramembrane filtra(on process to treat City water. The membranes use a vacuum driven separa(on in which par(culate ma?er larger than 1 um is rejected by a non-fibrous, engineered barrier (membrane material), primarily through a size exclusion mechanism.
The original membranes were purchased from General Electric (GE) Water and Process Technologies. They were installed in October 2004 and were replaced in November 2014. At the (me, the manufacturer es(mated they would last between 7 to 10 years. This es(mate was based on incoming water quality, membrane cleaning frequency and maximum flux rates to achieve desired produc(on flow rates. The membranes have reached the end of their useful life, and over the last several years the WTP has experienced reduced treatment capabili(es. In 2017 Veolia Water Technologies & Solu(ons finalized the acquisi(on of GE Water and Process Technologies and is now the sole source for the ZW 500D membrane modules and cassettes.
The membrane plant has the capacity of u(lizing sixteen (16) membrane casse?es, each casse?e includes (60 membrane modules). One (1) membrane casse?e was replaced with new membrane modules in March 2023. Currently the membrane plant u(lizes twelve (12) “ZW 500D” membrane casse?es; replacing the membrane modules in eleven (11) casse?es and the addi(on of three (3) cassettes will require only fifteen (15) units in total. 12 The manufacture recommends refurbishment of the twelve exis(ng casse?es that will be receiving new membrane modules. Casse?e refurbishment service allows the membrane plant to be fully recondi(oned and costs less than purchasing all new casse?es. Refurbished casse?es include the following: removal of all exis(ng plas(c parts and associated hardwater and return the casse?e and modules to ini(al factory slack posi(on. Veolia Water Technologies & Solu(ons will remove all exis(ng membrane modules, refurbish exis(ng casse?es, install new membrane casse?es, and upload required revisions to the PLC program furthermore, the replacement and addi(on of membrane cassettes will enhance the City's ability to meet potable water supply and demand.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
Sufficient funds are available in the Public Works Department's Water Division Fund 510-50-560- 42310 for General Repairs and Maintenance to cover the membrane purchase of $1,103,777.
ENVIRONMENTAL REVIEW
15378(b) - The ac(on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec(ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. Resolution WTP Membrane Replacement
2. WTP Membrane Replacement
3. Veolia Sole Source
13 RESOLUTION NO. 2024-
AUTHORIZING THE PURCHASE OF ULTRA-MEMBRANE FILTERS FROM VEOLIA WATER TECHNOLOGIES & SOLUTIONS FOR THE WATER TREATMENT PLANT IN THE AMOUNT NOT TO EXCEED $1,103,777 WHEREAS, the City Water Treatment Plant (WTP) utilizes an ultra-membrane filtration process to treat City water; and
WHEREAS, the original membranes were installed in October 2004 and replaced in November 2015. At the time, the manufacturer estimated the membranes would last 7 to 10 years; and WHEREAS, the membranes have reached the end of their useful life and over the last several years the WTP has experienced reduced treatment capabilities; and WHEREAS, sufficient funds are available in the Public Works Department's Water Division Fund 510-50- 560-42310 for General Repairs and Maintenance to cover the membrane purchase of $1,103,777.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon adopt a resolution authorizing the purchase of ultra-membrane filtersfrom Veolia Water Technologies & Solutions for the Water Treatment Plant in the amount not to exceed $1,103,777.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 3rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 14 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 1 of 26 Membrane Replacement & Expansion
To: City of American Canyon, referred to here
as American Canyon or Buyer
Date: July 5, 2024
No. of Pages: 26 including cover
Attention: Dominic Patrick Email: dpatrick@cityofameric ancanyon.org
Plant
Address:
250 Kirkland Ranch Road
American Canyon, CA 94558 USA
Telephone
No.: 707 258 1269
From:
Jason Diamond
Regional Lifecycle Manager
Western USA
Email:
Cell No.:
jason.diamond@veolia
.com
905 399 7055
CC: Brad Leidecker (CHC)
Subject: Membrane replacement & expansion: materials,
off-site and on-site support
Proposal No.: 593587-1
Original Project No.: 500186
Plant
Data:
Please provide corrections if inaccurate
American Canyon Water Treatment Plant (WTP).
Municipal drinking water treatment.
-ZW500D plant, 2 trains, each train contains 6 x 20/20M cassettes with 440ft² membrane modules and 2 empty cassette spaces/train.
-Plant upgraded from ZW500C to ZW500D in 2015.
-1 x 20/20M cassette with 440ft2 membranes was provided in March 2024.
Original installation substantial completion on November 16, 2004- 2 trains, each train contained 7 x 26/26M cassettes with ZW500C 250ft² membrane modules and 1 empty cassette spaces/train.
15 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 2 of 26 Proposal Provisos
This proposal has been issued based on the information provided by the customer and on information currently available to Veolia Water Technologies & Solutions at the time of proposal issuance. Any changes or discrepancies in site conditions, including but not limited to changes in system influent water characteristics, changes in environmental health and safety (EH&S) conditions, changes in the reissued state/provincial disposal system permit, changes in buyer financial standing, buyer requirements, or any other relevant change or discrepancy in the factual basis upon which this proposal was created may lead to changes in the offering, including but not limited to changes in pricing, guarantees, quoted specifications, or terms and conditions.
Confidential and Proprietary Information
The enclosed materials are considered proprietary property of Veolia Water Technologies & Solutions (Veolia). No assignments, either implied or expressed, of intellectual property rights, data, know how, trade secrets or licenses of use thereof are given. All information is provided exclusively to the addressee and agents of the addressee for the purposes of evaluation and is not to be reproduced or divulged to other parties, nor used for manufacture or other means, without the express written consent of Veolia. The acceptance of this document will be construed as an acceptance of the foregoing.
Trademarks
The following are trademarks of Veolia Water Technologies & Solutions and may be registered in one or more countries:
+100, ABMet, Absolute.Z, Absolute.Za, AccuSensor, AccuTrak, AccuTrak PLUS, ActNow, Acufeed, ALGAECAP, AmmCycle, Apogee, APPLICATIONS ATLAS, AquaFloc, AquaMax, Aquamite, Aquaplex, AquaSel, Aquatrex, Argo Analyzer, AutoSDI, BENCHMARK, Betz, BetzDearborn, BEV Rite, BioHealth, BioMate, BioPlus, BIOSCAN, Bio-Trol, Butaclean, Certified Plus, CheckPoint, ChemFeed, ChemSensor, ChemSure, CHEX, CleanBlade, CLOROMAT, CoalPlus, COMP-METER, COMP-RATE, COMS (Crude Overhead Monitoring System), Continuum, CopperTrol, CorrShield, CorTrol, Custom Clean, Custom Flo, Cyto3, DataGuard, DataPlus, DataPro, De:Odor, DELTAFLOW, DEOX, DeposiTrol, Desal, Dianodic, Dimetallic, Dispatch Restore, Durasan, DuraSlick, Durasolv, Duratherm, DusTreat, E-Cell, E-Cellerator, ELECTROMAT, Embreak, EndCor, EXACT, FACT-FINDER, Feedwater First, Ferrameen, Ferroquest, FilterMate, Fleet View, FloGard, Flotrex, Flotronics, FoamTrol, FoodPro, Fore4Sight, ForeSight, FRONTIER, FS CLEAN FLOW, FuelSolv, Full-Fit, G.T.M., GenGard, GEWaterSource, Glegg, Heat-Rate Pro, High Flow Z, HPC, HPD Process, HyperSperse, Hypure, Hytrex, InfoCalc, InfoScan, InfoTrac, InnovOx, InSight, IONICS, IONICS EDR 2020, IPER (Integrated Pump & Energy Recovery), iService, ISR (Integrated Solutions for Refining), JelCleer, KlarAid, Kleen, LayUp, Leak Trac, Leakwise, LEAPmbr, LEAPprimary, Learning Source, LOGIX, LoSALT, M-PAK, MACarrier, Mace, Max-Amine, MegaFlo, Membrex, MemChem, Memtrex, MerCURxE, MetClear, MiniWizard, MK-3, MOBILEFLOW, MobileRO, Modular Pro, ModuleTrac, MonitAll, Monitor, Monitor Plus, Monsal, MP-MBR, MULTIFLOW, Muni.Z, NEWater, NGC (Next Generation Cassette), Novus, NTBC (Non Thermal Brine Concentrator), OptiGuard, OptiSperse, OptiTherm, Osmo, Osmo PRO, Osmo Titan, Osmonics, Pacesetter, PaceSetter, Petroflo, Petromeen, pHlimPLUS, PICOPORE, PlantGuard, PolyFloc, PowerTreat, Predator, PRO E-Cell, Pro Elite, ProCare, Procera, ProChem, Proof Not Promises, ProPAK, ProShield, ProSolv, ProSweet, Purtrex, QSO (Quality System Optimization), QuickShip, RCC, RE:Sep, Rec-Oil, Recurrent, RediFeed, ReNEW, Renewell, Return on Environment, RMS (Rackless Modular System), ROSave.Z, SalesEdge, ScaleTrol, SeaPAK, SeaPRO, SeaSMART, Seasoft, SeaTECH, Selex, Sensicore, Sentinel, Sepa, Sevenbore, Shield, SIDTECH, SIEVERS, SmartScan, SoliSep, SolSet, Solus, Spec-Aid, Spectrus, SPLASH, Steamate, SteriSafe, Styrex, SUCROSOFT, SUCROTEST, Super Westchar, SuperStar, TFM (Thin Film Membrane), Therminator, Thermoflo, Titan RO, TLC, Tonkaflo, TraveLab, Trend, TruAir, TrueSense, TurboFlo, Turboline, Ultrafilic, UsedtoUseful, Vape-Sorber, VeriFeed, VersaFlo, Versamate, VICI (Virtual Intelligent Communication Interface), V-Star, WasteWizard, WATER FOR THE WORLD, Water Island, Water-Energy Nexus Game, WaterGenie, WaterNODE, WaterNOW, WaterPOINT, WellPro.Z, XPleat, YieldUp, Z-BOX, Z-MOD, Z-PAK, Z-POD, ZCore, ZeeBlok, ZeeLung, ZeeWeed, ZENON, and Z.Plex.
16 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 3 of 26 Table of Contents
1 Introduction...................................................................................................................4 Veolia Scope & Price ....................................................................................................5 Material Description......................................................................................................7 Membrane Modules ..................................................................................................7 Hardware ..................................................................................................................7 Cassette Refurbishment – Optional...........................................................................7 Veolia Support ..............................................................................................................8 Off-Site Support ........................................................................................................8 On-Site Technical Services.......................................................................................9 Delivery .......................................................................................................................10 ZeeWeed Configuration..............................................................................................12 Scope - American Canyon..........................................................................................12 Installation Preparation ...........................................................................................12 Installation...............................................................................................................13 Empty Shipping Frame Preparation ........................................................................14 Solution Design Notes................................................................................................14 Permits ...................................................................................................................14 Maintenance Notes for Replacement Membranes...................................................15 Technical ................................................................................................................16 Health & Safety ...........................................................................................................17 ZeeWeed Membrane Module Standard Warranty .....................................................18 Terms and Conditions of Sale ...................................................................................22 Signed Agreement......................................................................................................24 ZENON W9 Form ............................................................................................25 17 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 4 of 26 Introduction
Veolia Water Technologies & Solutions is pleased to present this proposal at the request of the City of American Canyon for membrane replacement and expansion at the American Canyon Water Treatment Plant (WTP).
Veolia will provide 240 x ZW500D 440ft2 membranes to replace the existing full plant, plus 3 x 20/20M cassettes populated with ZW500D 440ft2 membranes to populate current spare cassette spaces.
Included as an option is on-site refurbishment of the 12 existing cassettes.
Veolia is a proven leader in delivering tangible value to our clients over the life of the plant.
Our measure of success is how well we deliver solutions that help our clients meet their critical business objectives.
Through long-acquired technical experience, Veolia has clearly distinguished itself from other membrane manufacturers. A mature service culture and deep technical expertise are ready to serve and support American Canyon through this next membrane lifecycle.
Veolia would like to note that under the current exceptional circumstances across global supply chains and logistics networks, Veolia may not be in a position to guarantee and comply with the planned schedule for product / project delivery or performance. Veolia reserves the right to modify the schedule / contract accordingly. Veolia will promptly inform you of any changes which may impact the contract or the project. 18 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 5 of 26 Veolia Scope & Price
Veolia’s scope includes the material and services outlined in the table below. The sections that follow provide additional detail regarding each scope item.
Item Description Part # Quantity Price
ZW500D 20/20M cassettes populated with 440ft2
membranes, section 3.1 3148809 3
891,960
ZW500D 440ft2 membranes in 30M shipping frames,
section 3.1 31360981 240
2-year full replacement membrane warranty, section 10 Incl.
Cassette hardware, section 3.2 Lot
Estimated applicable tax on materials only (7.75%)2Incl. 69,127 Materials, including estimated applicable tax 961,087
Off-site support, project management, section 4.1 Incl. 24,240 International shipment, fees, and duties, section 5 Incl. 80,610
Freight, DDP project site, section 5 3095534 Incl.
Off-site labor, delivery Sub-total 104,850
Materials, off-site labor, delivery Sub-total 1,065,937 On-site support, 2 x FSRs, each on-site for 7 x 10-hour days plus travel & living, section 4.2 135491 1 visit 37,840 On-site support Sub-total 37,840
All figures are in USD. Please make purchase order to ZENON Environmental Corporation.
Estimated taxes have been included, but tax rates applicable at time of invoicing will be used.
Total
Price 1,103,777
*Note 1: 240 membrane modules are expected to arrive on site in 30M shipping frames (product #3136098). *Note 2: Sales tax estimated at current rate of 7.750% for American Canyon, CA on materials as per https://www.cdtfa.ca.gov/taxes-and-fees/rates.aspx Actual tax rate at time of invoicing will be added on all invoices.
Optional – Cassette refurbishment of 12 x existing cassettes (includes materials and additional on-site support) Incl. 37,163 Estimated applicable tax on materials only (7.75%)2Incl. 1,309 19 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 6 of 26 Proposal Notes:
Price Review. Notwithstanding the terms set forth herein or of any agreement or acceptance of Seller’s quotation, Seller reserves the right at any time and from time to time by notice in writing to the Buyer to (a) determine periodic price reviews based on Goods’ raw material increase arising from currency devaluations (b) increase Prices (or impose temporary price adjustments) based on increases in the cost of base components for the Goods or Services provided, where the increase is due to increased global demand, limited supply, temporary product shortages, allocation of supply, or such other similar inflationary pressures; and (c) impose a surcharge equal to any increase in the cost of the Goods or Services as a result of a modification of exchange rates, duties, taxes or other levies imposed by public authorities.
Veolia’s proposed price for ZeeWeed membranes is subject to adjustment between the period from the expiry of the proposal validity up to shipment of membranes according to upward changes in the following indices:
40%: PPI Industry Index for Hungary: LINK to Industry Index 60%: PPI Chemical Industry for European Union: LINK to EU Chemical PPI In the event that either index becomes unavailable, a suitable equivalent replacement index will be agreed between the parties. The buyer has the right to request that the supplier supports any price increase with market pricing data, within the bounds of commercial confidentiality.
Shipment/Collection Delays: The membrane sale will be subject to price adjustment if not collected within 1 month of Readiness for Shipment. After the one month of Readiness for Shipment if Purchaser does not send his agreement to receive or collect the membranes (depending on Incoterms), Seller is entitled to reallocate the membranes to another customer.
Invoicing Schedule Approximate
% of Sub-Total
Invoice Value
Excluding Tax
Base Offer with Refurb
An invoice will be issued upon acceptance by Veolia of
customer purchase order. Approximate percent
calculation based on the materials, and off-site labor, delivery sub-totals of the purchase order. Shipment of
membranes is contingent on receipt of this initial
milestone payment.
30% 299,040 305,550
An invoice for the balance of the materials, and off-site labor, delivery sub-totals will be issued when
membrane module shipping documents are supplied to
the carrier.
70% 697,770 712,940
A final invoice for the on-site support sub-total will be issued upon completion of installation. 100% 37,840 51,040 1,034,650 1,069,530
20 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 7 of 26 Material Description
The following materials are provided within Veolia’s scope of supply.
Membrane Modules
Veolia will provide the following ZW500D 440ft² drinking water membrane modules:
Qty of 240 – to replace the existing full plant of membranes; Qty of 60 – populated in 3 x 20/20M operational cassettes for installation in the 3 empty cassette spaces.
Hardware
10 x #118 EPDM permeate spigot o-rings – 3033690;
4 x ZW500D element end cap keys – 3040447;
3 x blank header sets – 3111171;
Permeate and aeration connections for all existing and new cassettes*; Hanger arms, including associated installation equipment, for 4 x new ZW500D 20M cassettes*;
1 x set safety hoist rings (4) for the 20M cassettes – 3111838; 1 x ZW fiber repair kit – 3080827;
1 x o-ring lubricant (food grade) – 3089920;
1 x anti-seize lubricant (food grade) – 3158322.
*A total of 4 sets of hanging arms are required to install the 4 new cassettes provided for in combination with this offer and Veolia proposal #544482-3. Veolia proposal #544482-3 did not include pricing for hanger arms for the single cassette provided therein, so it has been included in the price for this offer.
Cassette Refurbishment – Optional
If this option is taken, Veolia will supply components for refurbishment of 12 x ZW500D 20/20M cassettes, including spares.
Cassette refurbishment service allows you to fully recondition your cassettes at less cost than purchasing new cassettes. Cassettes will be refurbished at the American Canyon facility. Cassette refurbishment includes the following:
Removal of all existing plastic parts and associated hardware; If slack adjustment has been completed on cassettes, return the cassette to the initial factory membrane slack position;
21 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 8 of 26 Installation of all new, current design parts (module mountings, securing mechanisms), and all associated hardware;
On-site cassette refurbishment service by trained Veolia field service representatives – details provided in sections 4.2 and 7.2.
Veolia Support
Off-Site Support
Controls
Provide system controls programming adjustments as required for the new membranes including adjustment of set points for permeate and air flow.
If there is a requirement for the EEPROM (Electrically Erasable Programmable Read-Only Memory) to be stored, a period of plant shutdown must be arranged by American Canyon.
Documentation
The base level of documentation updates will include:
Programmer’s table of code changes (change description recorded by tag with one distinct marker bit per change);
P&IDs - Update the process (piping) & instrumentation drawings and reissue electronically;
Controls documents – Update control narrative (CN), controls logic sequence chart (CLSC, also known as CSC) and the operation sequence chart (OSC).
These updates should be filed in the O&M manual as interim documentation.
Due to the very high cost of comprehensive updating of plant documentation with each system upgrade, Veolia recommends planning a complete documentation update every 1-4 years to coincide with a selected system upgrade.
Veolia will be pleased to develop a documentation update price quotation on request which may include some or all of the following scope according to its relevance:
O&M manual - Provide a fully updated version of the operation & maintenance manual that indicates the changes made with this membrane replacement/expansion upgrade;
Electrical drawings – Update the electrical drawings and reissue electronically.
Project Management
Provide planning and off-site assistance during the membrane replacement & expansion project.
22 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 9 of 26 On-Site Technical Services
The proposal includes a provision for technical services during installation and commissioning process to support American Canyon’s staff as outlined in section 2. Please see section 7.2 for recommendations on the plant staff necessary to perform the work.
Installation and commissioning of membranes will be executed in a manner that minimizes down-time and returns the system to beneficial use in a timely manner.
The following activities will be completed by Veolia with plant staff assistance:
Remove existing membranes/cassettes;
Install cassette refurbishment components in existing cassettes if this option is taken;
Install the new membrane modules and return cassettes to the system; Install the new expansion cassettes in the system;
Upload required revisions to the PLC program with adjusted set-points; Perform bubble test where applicable to test membrane integrity and review trans membrane pressure (TMP) on the installed membranes and compare to expected values for new membranes; complete repairs/adjustments necessary to provide new membrane performance.
Operating Responsibility - American Canyon retains control of the work site and retains final responsibility for the installation and commissioning process.
Veolia will perform the services specified in the scope section of this document, but Veolia will not operate the system. For the purposes of this agreement, the term “operate the system” shall mean to run or control the functioning of the equipment or to otherwise conduct or manage the affairs of any aspect of water or wastewater treatment or other functions at American Canyon’s site, and shall include functions such as providing operators or laborers to adjust or control water treatment (“WT”) equipment, wastewater treatment (“WWT”) equipment or sludge management facilities (“SMF”), providing program oversight or directing on-site or contract operators/laborers to adjust or control WWT or SMF, providing personnel responsible for or providing oversight of water treatment residual quality, wastewater effluent quality, sludge quality, waste characterization, or waste disposal activities, or providing personnel with continual or daily operational responsibilities with respect to water or wastewater treatment, influent or effluent compliance monitoring, process monitoring, government reporting or notification, or permit compliance.
Waiting Time - Any overtime or waiting times required due to unforeseen site events outside the control of Veolia will be invoiced according to the prevailing Veolia service labor rates sheet, available on request.
23 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 10 of 26 Reporting - Before leaving site, Veolia will record observations and discuss with operators concerning the condition of the equipment, tasks accomplished during the visit, and key operating and maintenance issues requiring further attention. Veolia will provide a copy of a written report before leaving site and/or provide a service visit report to the plant operator within a reasonable timeframe of the Veolia service representative’s return to the office. In any case, American Canyon will be asked to sign a work order that describes the hours on site and tasks accomplished.
Veolia Duties for On-Site Services
Veolia will coordinate its work under this agreement in a reasonable manner with the operating staff of the facility.
Veolia will maintain public liability and property damage insurance covering all operations undertaken by Veolia and its sub-contractors with a limit of $5,000,000 inclusive for any one accident or occurrence. If for any reason additional insurance coverage (e.g. general construction/erection all risk, general liability) is required above and beyond Veolia’s standard insurance terms for on-site commissioning supervision, American Canyon must inform Veolia in writing 60 days prior to work commencement at site. American Canyon will be billed for all additional insurance costs and processing fees.
Veolia will maintain workers compensation and employers’ liability coverage as per statutory requirements.
Delivery
Freight
DDP - Delivery will be by standard ocean/ground on the basis of DDP American Canyon WTP, or other named place of destination; Incoterms 2020. DDP = delivery duty paid. Partial shipments will be acceptable unless otherwise specified. Where delivery cannot be accepted at this destination, American Canyon shall specify an alternate, equivalent destination without delay.
Due to varying origins and availability, non-membrane items included in this proposal may be shipped separately from the membranes. Should separate shipments be required, where possible, Veolia will strive to provide these items on or before the delivery of the membranes.
Title & Risk - Title and risk of loss or damage to membrane modules, shipping frames, cassette frames, cassette refurbishment components, hardware and crating shall pass to American Canyon upon delivery at the named place of destination.
24 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 11 of 26 International Shipment, Fees, and Duties
Origin - Delivery of ZeeWeed membranes originates from the Veolia Water Technologies & Solutions, ZENON Membrane Products (ZEM), Bláthy Ottó u 4, Oroszlány, 2840 Hungary facility. Costs to transport membranes into North America are included in Veolia’s quoted price.
Export Documents - All ZeeWeed membrane module shipments into the USA require clearance documentation from the EPA. Veolia will prepare and provide the required EPA documentation to the Carrier.
MPF - Merchandise processing fee is a fee assessed for formal custom entries based on 0.35% of the invoice value, with a minimum of USD $25 per formal entry and a maximum of USD $485. On the basis of DDP terms, this fee will be paid by Veolia within the quoted price.
Duty - A US Customs duty of 3.9% applies to all ZeeWeed membranes shipped individually or in shipping frames; not in operational cassette frames. On the basis of DDP terms, this duty will be paid by Veolia within the quoted price for all modules included with this offer that are not installed in operational cassettes. Any new duty imposed after the date of this proposal is the responsibility of American Canyon.
Taxes - All applicable local, state, or federal taxes are the responsibility of American Canyon.
Temperature - UF membranes cannot be allowed to freeze or overheat and may require temperature-controlled freight and handling according to the season and the planned routing. If required, the price of temperature control will be included within the firm quote on freight by Veolia.
Packaging – Membranes will be provided in a combination of factory-installed in operational cassettes & shipping frames, and individually bagged, boxed and crated. Unloading - may require one of or a combination of a loading dock, extended forks and an experienced forklift driver at delivery destination. Please consult with Veolia at the time of purchase order (PO) preparation on this.
Shipping crate information (estimated)
Qty Description Dimensions (in) Weight (lb)
3 ZW500D 20M cassette crate L=107 x W=35 x H=80 1,700
8 ZW500D 30M shipping frame L=37 x W=89 x H=94 2,286
Notes:
• Only crates for membrane/cassette transport have been shown above to identify the largest and heaviest items that will need to be unloaded;
• Smaller crates/skids will be used for hardware items (hanger arms, spool connection components, cassette refurbishment components, etc.).
25 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 12 of 26 Handling – ZW500D 20M membrane cassette frames are shipped and will arrive on-site on their sides. An eye bolt kit, included in this proposal, should be used to safely turn the cassette(s) upright. Adequate work area and height and equipment will also be needed to be available to safely turn the cassettes upright for installation.
Availability - Delivery of membrane modules and cassette refurbishment components is typically 10-20 weeks after receipt of order. With current global logistics and freight delays we are experiencing significantly increase lead times.
Delivery is tentatively planned for November 2024 subject to availability – which will be confirmed upon receipt of purchase order from American Canyon and issue of purchase order acknowledgement by Veolia.
ZeeWeed Configuration
Configuration Data Units Existing Plant
Configuration
Proposed
Configuration After
Replacement &
Expansion
Number of trains, plant
Number of trains as configured 2 2
Type of ZeeWeed membrane 500D 500D
Module surface area ft² 440 440
Total number of cassette spaces per train 8 8
Maximum number of modules per cassette 20 20
Fully populated cassettes installed per train 6 8
Total module count, train 120 160
Total surface area in operation, train ft² 52,800 70,400 Total module count, plant 240 320
Total surface area in operation, plant ft² 114,400 140,800 % surface area change from existing, plant % --- 33.3%
Scope - American Canyon
Installation Preparation
Receive, off-load, handle and provide temperature-controlled storage of the equipment and materials required for Seller to perform the duties outlined in the Seller’s scope of supply. Prior to off-loading, Buyer to confirm temperature indicators have not been tripped.
26 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 13 of 26 Membranes must be stored in a sheltered area, protected from freezing, direct sunlight or extreme heat, and sealed as shipped until ready for use. Storage should be in a dark, dry, level area at a temperature of 5-30°C (41-86°F). Membranes have a shelf life of 1 year before requiring re-preservation and should not be stored longer than necessary prior to installation. American Canyon is responsible for risk of loss of Seller’s parts while in storage at the customer’s plant. Inspect, evaluate and make repairs as required for the membrane tanks, mounting brackets, hoses and all connections prior to Veolia arriving at site. Provide all access structures (such as scaffolding) and mechanical lifting equipment including cranes, forklifts and scissor lifts.
Assure availability of a copy of the operating manual, all process and instrumentation drawings, and all electrical drawings on site and accessible for reference.
Maintain adequate insurance coverage for the risks of fire, theft, vandalism, floods and personal injury to authorized or unauthorized visitors.
Installation
Provide at least 1 plant staff person to work continuously for the full duration of the Veolia site visit during installation and commissioning of the modules. Veolia recommends that the personnel be experienced with the ZeeWeed system. American Canyon will afford Seller’s personnel free access and egress of the facility for all authorized work. American Canyon will provide reasonable access to workshop facilities with standard workshop tools and equipment as is necessary to meet any repair and maintenance requirements of the system during installation.
American Canyon will provide Seller’s personnel reasonable access to the facility amenities, including washrooms and break rooms.
Provide adequate illumination and emergency lighting for all areas in which the Seller will be executing the scope of supply. Provide all site utilities such as raw water, instrument quality air, potable water and power required for operation of the proposed equipment included in this scope of supply. Assure that adequate quantities of membrane cleaning and neutralizing chemicals are on hand for wash procedures including sodium hypochlorite, sodium bisulphite, citric acid and sodium hydroxide. Supply telephone/fax/modem access while Seller’s staff members are on-site.
American Canyon will provide assistance to:
Remove cassettes from the system as required;
Install cassette refurbishment components if this option is taken; Place new replacement modules into each cassette;
Return the replaced cassettes to the system;
27 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 14 of 26 Install 3 x new 20M cassettes into the system, including hanger arms, and permeate and aeration connections.
American Canyon will:
Dispose of membrane module preservative as well as all retired membrane modules and cassette components;
Dispose of shipping and packaging materials unless specifically requested not to do so by Veolia;
Prepare shipping frames for return to Veolia, see section 7.3; Load shipping frames onto the truck for return to Veolia – Veolia will be responsible for organizing the logistics of delivery back to Veolia.
Empty Shipping Frame Preparation
All shipping frames returning to Veolia must be well cleaned and packaged appropriately for trans-oceanic transport in shipping containers. Shipping frames should be cleaned using high pressure washers and mounted on wood skids to facilitate moving them in and out of the freight containers. Veolia will provide American Canyon offsite assistance to facilitate the return of shipping frames.
All wooden packaging material used for international shipments must conform to current phytosanitary standards to reduce the risk of introduction and spread of quarantine pest species associated with the movement in international trade of wood packaging material made from raw wood.
All wood packaging material used to transport shipping frames internationally, must comply with ISPM15 which is the standard for phytosanitary measures and be properly stamped indicating compliance with the standard. Failure to comply with the standard may lead to shipment refusal and subsequent project delays. For detailed information on ISPM15 please visit the ISPM15 website.
Whenever possible, save and re-use the wooden skids that the shipping frames arrived on for return freight purposes.
Solution Design Notes
Permits
Regulatory Requirements
American Canyon is responsible to review and report to the permit granting agency on the impact of any of the proposed changes on the regulatory permit. Veolia will provide the necessary manufacturer’s technical support on regulatory issues. No provision is made in the price proposed for the cost of control code changes to update the LRV for the plant 28 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 15 of 26 following the installation of the membranes and any changes in membrane integrity testing methods would be at additional cost.
Please speak with your regional lifecycle manager (RLM) if there are any regulatory requirements or concerns.
Utilization
Veolia understands that 240 of the modules included with this offer are required as replacements for currently installed modules and will not be used to provide expanded flow beyond the current plant flow rating.
Veolia understands that the 60 x ZW500D 440ft2 expansion modules provided in 3 x 20M operational cassettes can be used to expand the capacity of the existing treatment plant.
However, verification of the capacity of other equipment and systems, including but not limited to permeate pumps, reject pumps, blowers, piping etc., has not been considered.
Veolia makes no guarantees, implied or otherwise as to the performance of these modules in any other capacity than what is limited by the system’s hydraulic capacity and will work with American Canyon to modify the system capacity when all cassettes are in service. Full membrane capacity utilization may require additional equipment modifications or replacement.
Production Interruption
During installation of the ZeeWeed cassettes, trains will be shut down which will affect American Canyon treatment capacity. After the purchase order is acknowledged, Veolia’s project manager for the installation will consult with American Canyon to jointly develop the installation plan and work schedule with due regard for membrane delivery to the plant and plant preparation.
Maintenance Notes for Replacement Membranes
At the time of any full plant membrane replacement, it is recommended to evaluate whether it is the right time to address any tank coating repairs which may be required.
Preferential Flow
Mixing a small proportion of new modules in trains with large amounts of older modules is not recommended as it creates a risk of over-fluxing of new modules which can shorten their lives. Veolia recommends that American Canyon plan membrane module replacement on a complete cassette and complete train basis wherever possible to achieve both optimal performance and best value from the new membrane modules. In this case, by replacing all membrane modules in the plant, this risk has been neutralized.
Membrane Slack
Veolia’s membranes are supplied and shipped with an initial factory fiber slack designed to optimize membrane air scouring during operation as well as accommodate a degree of shrinkage. Membranes shrink in length early in their lifecycle when exposed to higher temperature water. The pace of shrinkage slows with age. With the installation of new membranes, the requirements for slack adjustment start a new cycle. 29 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 16 of 26 Due to the wide variety of operating environments in which our products can be utilized, it is difficult to generally predict the rate of shrinkage. If membranes operate in a condition of insufficient slack for an extended period of time, irreversible damage to the fiber-urethane bond may occur. Please refer below to the recommended inspection frequencies based on your plant’s membrane tank operating temperature. Visual inspections should begin during the membrane installation and be repeated over time on the same cassette. Digital pictures will allow for comparative analysis of the fiber slack over time.
Maximum Operating Temperature Recommended Slack Inspection Frequency 0-24 °C / 32-76 °F every 2 years
25-30 °C / 77-86 °F once per year
>30 °C / > 86 °F twice per year
Membrane Repairs
All new modules are factory tested at our manufacturing facilities and are in good working order as they are packaged and crated for shipment. On occasion, a limited number of modules arriving at site may require repairs due to uncontrollable factors during shipping and receiving, in particular with multi-modal shipments. This membrane replacement proposal includes a provision for one fiber repair kit for drinking water modules and 3 blank header sets for use as membrane substitutes, allowing the cassette to be placed back in operation as modules are repaired.
Technical
Pumps
The range of capacity increase for the pump has been assumed to be adequate for this upgrade. Veolia will work with American Canyon to determine the pump capacities and target flow rates for the new plant configuration.
Blowers
For the purposes of this proposal, the range of capacity increase for the blower has been assumed to be adequate for this upgrade. Should resheaving parts be required they will be supplied by Veolia at additional cost to American Canyon.
Mechanical and electrical adjustments required to meet new air flow will be completed by American Canyon or their 3rd party designate. Veolia will assist American Canyon in determining correct air flow requirements for the new plant configuration.
Pre-Screen
To ensure effective operation and to maximize membrane life, Veolia recommends operation of a pre-treatment screen, upstream of the pretreatment process, with mesh or punched-hole openings less than or equal to 0.5 mm and with no possibility of bypass or carryover. All processes after this screening must be covered and protected from outside elements such that no leaves, twigs or any foreign material can enter the membrane tank. 30 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 17 of 26 Health & Safety
American Canyon
American Canyon will provide orientation to Seller’s personnel to ensure sitespecific safety protocols are known. American Canyon will identify and inform Seller’s personnel of any site-specific hazards present in the workplace that could impact the delivery of Seller’s scope of supply and agrees to work with Seller to remove, monitor, and control the hazards to a practical level. American Canyon will provide any site-specific or standard company operating procedures and practices for Seller’s personnel to perform work on site, if required by American Canyon’s policies. Such programs may include, but are not limited to, general environmental health & safety (EHS), HAZOP, fire protection, drug testing, incident notice, site conduct, standard first aid, chemical receiving, electrical safety, etc. American Canyon will provide a certificate of program completion for Seller’s personnel. This program will be fully documented, training materials will be provided, and attendance list will be kept.
If any type of lifting devices will be used on site, American Canyon will provide proof of its maintenance, inspection and certification documentation upon request and will assist the Veolia service representative to complete a safety inspection checklist. Where confined space entry may be required, American Canyon will provide early notice and will collaborate with Veolia in planning adequate staffing and in advising the local fire/rescue department as required.
No time or cost provision has been made for preparations such as safety record clearances, drug testing, insurance confirmations or pre-job-training in excess of 1 hour. Prior to finalizing the Purchase Order and the work schedule, American Canyon will advise Veolia of any pre-job or pre-mobilization requirements. Where these requirements exceed 1 hour, this time will be charged to American Canyon at rates set out in the prevailing Veolia labor rate sheet. Where certain short duration activities require two people for safety and the Veolia Service representative is alone at site, American Canyon will cooperate as required to assure that correct safety precautions are taken.
American Canyon is responsible for the following environmental provisions:
Environmental use and discharge permits for all chemicals at American Canyon’s facility either listed in this document or proposed for use at a later date;
Any special permits required for Seller’s or American Canyon’s employees to perform work related to the water treatment system at the facility; All site testing, including soil, ground and surface water, air emissions, etc.; 31 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 18 of 26 Disposal of all solid and liquid waste from the Seller’s system including waste materials generated during construction, start up and operation. American Canyon is responsible for provision of health and safety facilities to Seller’s field service representatives to the same extent that they are provided to American Canyon’s own employees, including provision of:
Eyewash and safety showers in the water treatment area; Chemical spill response;
Security and fire protection systems per local codes.
Veolia
All work on site will be performed in accordance with applicable law and will be performed reasonably, in a clean and safe manner. The Veolia service representative will abide by the more stringent of the applicable health, safety and environmental policies and procedures of either American Canyon or Veolia. Veolia will provide all applicable safety training required by Veolia policies or by state or national health and safety regulations. The Veolia service representative will have undergone workplace hazardous material information system (WHMIS) training and will come equipped with necessary personal protective equipment (PPE).
Emergencies - In emergencies affecting the safety of persons, work or property at the site and adjacent thereto, Veolia will act, without previous instructions from American Canyon, as the situation warrants. Veolia will notify American Canyon immediately thereafter.
ZeeWeed Membrane Module Standard
Warranty
This schedule sets out the warranty with respect to ZeeWeed membrane modules (“membrane modules”). No other warranties, expressed or implied are made in connection with the sale of these products, including, without limitation, warranties as to fitness for any purpose or use or merchantability of these products. The warranty provided herein will be the exclusive and sole remedy of Buyer. This warranty is not transferable.
Definitions
The follow terms shall have the meaning set forth below when used in the warranty document:
a. “Buyer” means the party purchasing the ZeeWeed Modules from the Seller b. “Seller” means a business component of, or legal entity within the Veolia Water Technologies & Solutions business which is selling the ZeeWeed membranes. 32 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 19 of 26 Warranty Product
This warranty applies to only the membrane modules supplied under the contract of sale.
Membrane module means the hollow fiber ultrafiltration membranes and the potted plastic headers. This warranty does not cover air piping to the membrane module, permeate piping from the membrane module, piping connection fittings, connecting hardware and cassette frames with their associated components including but not limited to spacers, aerator tubes, aerator assemblies, screen, module dummies or module blanks.
Scope of Warranty
The Seller warrants that its membrane module(s) will be free of defects due to faulty materials or errors in manufacturing workmanship.
Regular membrane module inspection and normal fiber repair shall be the responsibility of Buyer.
All replacement membrane modules will be shipped on the basis of INCOTERMS 2020 FCA Veolia manufacturing facility.
All ancillary costs including but not limited to bagging, boxing, crating, freight, freight insurance, applicable taxes, import duties, certifications, brokerage, receiving, forklift services, storage at site, reattachment hardware, hose/clamp/camlock replacement, crane services, installation, fiber repair materials, glycerin flushing, commissioning and waste disposal are the responsibility of Buyer.
Warranty Start Date
Membrane warranty will start on the earlier of:
a. The date that installation of the original membrane module(s) has been substantially completed, or
b. Three (3) months from the date of delivery of the original membrane module(s) to Buyer.
Warranty Duration
Total Warranty Duration: a total of 24 months of full replacement warranty coverage.
Notification Of Claim
All claims filed under this warranty shall be made in writing by Buyer within 30 days of identifying a defect.
Buyer shall provide the following information:
a. A description of the defect giving rise to the claim; b. Photographs showing the manufacturing defect;
c. The serial number(s) of the membrane module(s) which is (are) the subject of the warranty claim; and
d. Operating data and repair history for the life of membrane modules which are the subject of a warranty claim.
Verification of Claim
After receipt of written notification of a defect, the Seller will promptly undertake such investigations as, in the Seller's opinion, are necessary to verify whether a defect exists. The Seller reserves the 33 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 20 of 26 right to require additional data as necessary to validate claims. Buyer may, in the course of these investigations, be requested to return membrane module(s) to the Seller for examination (see item 11). The Seller may also conduct reasonable tests and inspections at Buyer’s plant or premises. If the results of the investigation do not validate the defect claimed, Buyer will reimburse the Seller for all reasonable expenses associated with said investigation, including expenses for all tests, inspections, and associated travel.
Satisfaction of Claims
The Seller will have the right to satisfy claims under this warranty in a flexible manner. Such flexibility may include the repair of existing membrane modules or changes in operating protocols or membrane module replacement or by upgrading failed membrane modules with newer membrane module(s) that may embody design and efficiency improvements. Buyer consents to the supply of replacement membrane modules which may be of a different design than original membrane modules.
Operating Information
To maintain the membrane module warranty, membrane system operation records from initial startup date until claim must be maintained by Buyer and made available to the Seller upon request.
Records must be provided in sufficient detail as applicable to verify the subject of a warranty claim and can include but is not limited to, operation data including information on feed water quality, temperatures, flows, trans-membrane pressures, aeration rates, permeate quality, cleaning intervals, cleaning chemical concentrations, elapsed time since start-up, relevant analytical data and reporting of any screen bypass events.
Buyer shall maintain and share access to a single reference copy in electronic form of a membrane module map containing the history of activity by membrane module and the serial number for each module. Buyer shall log its procedures performed related to a membrane module including relocation of membrane modules, repairs, replacements and any other noteworthy events.
Buyer authorizes the Seller to conduct any reasonable review of operation and maintenance records or to inspect facilities where membrane modules are installed, upon reasonable notice to Buyer. Such reviews and/or inspections are intended to also assist the Seller and Buyer in detection of membrane system faults and to optimize the care and operation of the membrane modules.
Limitation of Warranties
Occurrence of any of the following as reasonably determined by the Seller will void this warranty:
a. A material failure to operate the membrane system in accordance with Seller’s operations and maintenance manual supplied to Buyer as part of the contract, including material failure to adhere to the Seller’s specified membrane module cleaning procedures and the use of anything other than Seller-approved membrane module cleaning agents. b. Failure to adhere to the preventive maintenance program as presented in the Seller’s operations and maintenance manual, in published product manuals and in specifications. c. Failure to adhere to all transportation and storage requirements. ZeeWeed membrane modules may be stored up to 12 months from date of receipt and must be transported and stored in original intact packaging out of direct sunlight in ambient temperatures between 5- 34 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 21 of 26 35 Degrees Celsius. Storage beyond 12 months from date of receipt requires a written request to Veolia to maintain membrane module warranties. d. Introduction of destructive foreign materials and chemical agents into the membrane module.
e. Failure to maintain and provide system operating data and repair history for the life of membrane modules which are the subject of a warranty claim. f. Physical abuse or misuse, incorrect removal or installation of membrane modules by nonSeller personnel including fiber damage caused by operator error in handling of membrane modules or cassettes.
g. Unauthorized alteration of any components or parts originally supplied by the Seller. h. Intentional damage.
Return Procedure
In the event that the return of a membrane module is required pursuant to this warranty, Buyer will first obtain a Return Goods Authorization (RGA) number from the Seller. Membrane module(s) shipped to the Seller for warranty examination must be shipped freight prepaid in environmentally controlled freight and storage with ambient air temperature between 5-35 degree Celsius. If Buyer desires temporary replacement membrane module(s) to replace those alleged to be defective and returned to the Seller for warranty examination, Buyer shall be responsible for the cost associated with any such replacements until examination of the returned membrane modules pursuant to this warranty is complete. Any membrane module examined by Seller as part of a warranty claim where the membrane module is subsequently found to be performing as warranted or where a membrane module failure is not covered under the warranty will be returned to Buyer, freight collect or disposed of by Seller and the cost associated with any membrane analysis and diagnostic work will be levied against the Buyer based on Veolia standard labor rates.
Disclaimer and Limitation on Liability
To the maximum extent permitted by law, in no event shall Seller be liable for any loss of profit or revenues, loss of production, loss of use of equipment or services or any associated equipment, interruption of business, cost of capital, cost of replacement water or power, downtime costs, increased operating costs, claims of Buyer’s customers for such damages, or for any special, consequential, incidental, indirect, punitive or exemplary damages arising out of or relating to the performance or actual or alleged breach of the agreement, regardless of whether a claim is based in contract (including warranty or indemnity), extra-contractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory. 35 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 22 of 26 Terms and Conditions of Sale
A - Specific Terms and Conditions of Sale
These terms take precedence over the general terms and conditions of sale. 1 Legal Entity for Contracting
ZENON Environmental Corporation is the name of the Seller, and means a business component of, or legal entity within the Veolia Water Technologies & Solutions business (Veolia).
Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up. We are keen to make the purchase process as convenient as possible for American Canyon. short form: Where a short reference is required in this document, for convenience, we are called simply Veolia. 2 Payment
Veolia prefers to receive payment by wire transfer and will also accept payment by courier check.
Wire transfer information for ZENON Environmental Corporation send details to: SHD WATS REMIT-NAM [email protected] Bank of America Merrill Lynch
C/O ZENON Environmental
Corporation
901 Main Street Dallas, TX 75202
ACCT# 4426318136
ABA# 026009593
SWIFT# BOFAUS3N
ACH# 111000012
3 Payment Terms
On approved credit, payment terms are net 30 days from customer receipt of invoice. Please see the invoicing schedule in the price section. In the event an invoice is issued on shipment of goods from a Veolia Hungarian production facility, payment terms will be extended by an additional 45 days to account for the additional transit time to the delivery location. 4 Proposal Validity
Prices quoted and proposal terms are valid up to sixty (60) days after the date of issue of this proposal unless confirmed with a purchase order.
5 Bonds
Performance or payment bonds are not included in the price. These can be purchased on request but will be at an additional cost. 6 Assignment of Membrane Warranty
The Buyer will be entitled to assign to a subsequent owner of the membranes the warranties of the Seller under this Agreement, provided that a prior written notification is sent to the Seller and the assignment agreement contains terms and conditions which provide the Seller with the protections of the warranties and limitations on liability contained in the Agreement. Subject to Buyer’s compliance with the foregoing requirement, such warranty rights are expressly assignable by the Buyer to a subsequent owner of the membranes. Except as provided herein, Buyer is not entitled to extend or transfer this warranty to any other party. 7 Flight Booking
Prices quoted for installation which include airfare are either based on timely confirmation of a visit schedule or based on receipt of a purchase order in time to book any flights seven days in advance. Additional airfare charges related to late arrival of a purchase order will be extra and billed through to American Canyon without mark-up. 36 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 23 of 26 8 Warranty on Programming
Veolia warrants that the PLC program will conform to the specifications in the relevant sections of the CLSC and OSC (revised for the project) and will be free from defects in workmanship when operated at all times in accordance with Veolia’s written instructions.
If any defects are found and reported by American Canyon within a period not exceeding twelve (12) months beyond the completion of the site acceptance test, Veolia will make modifications to the PLC code as deemed necessary. Any changes requested by American Canyon after this period will be at the customer’s expense. 9 Purchase Order Guidelines
Please confirm that your purchase order has covered the following points. This will ensure accurate and prompt order entry, product delivery, invoicing and accounts receivables processing and will prevent administrative delays for all parties. o Documentation – Our strong preference is to receive a hard or digital copy of your purchase order (PO) rather than a PO number alone. Your PO can be sent by email to [email protected]. If you are not able to provide a PO, please contact us for alternatives. o Veolia legal entity – Please be sure your purchase order is issued in the name of the specific Veolia legal entity outlined in the quote. We will be glad to work with your purchasing department to set this entity up as an approved supplier/vendor. Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up.
o Quotation Number – Please reference the quotation number in your PO. o Product – Please note which product(s) you wish to purchase along with the quoted price, particularly if quantities or scope differ from the quotation.
o Taxes – Please provide any required tax exemption certificates. Please indicate if taxes have been added in your PO.
o Payment Terms – Please acknowledge the payment terms included with the quotation. o Bill-to Address – Please include contact information for your accounts payable. o Ship-to Address – Please clearly define the delivery location and the receiver’s email & telephone. Please specify receiving hours and any special off-loading requirements. o Delivery Date – Please include your requested delivery date.
B – General Terms and Conditions of Sale
The sale of products and services included with this offer will be governed by the CITY OF AMERICAN CANYON STANDARD AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES NO. 2022-A187 as entered into between the City of American Canyon and ZENON Environmental Corporation on December 12, 2022. 37 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 24 of 26 Signed Agreement
Through the issue of this proposal, Veolia signals their intent to enter into an agreement with American Canyon. American Canyon and Veolia acknowledge that they have read and understood this agreement and agree to be bound by the terms and conditions specified in it.
Offered by
Legal Entity:
ZENON Environmental
Corporation, also known as
Veolia or Seller
Accepted
by Legal
Entity:
City of American Canyon, also
known as American Canyon or
Buyer
Authorized
Signature
by:
Title:
Signature
Date:
Signature: x
Purchase Order No:
Upon acceptance of this proposal, please forward the following either
• by email with .pdf attachments or • by postal mail.
1) this signature page completed, and/or
2) a hard copy of your purchase order, and
3) any required tax exemption certificates
Email:
[email protected]
Postal Mail:
Veolia Water Technologies &
Solutions
attention: Contracts Administrator
Please contact
[email protected]
for correct address
This agreement comes into force when Veolia has issued a formal acceptance of American Canyon’s Purchase order or formal acceptance of this American Canyon signed agreement.
Doc. control: Author: JE Filename: American Canyon DWTP 593587-1 Membrane Replacement & Expansion Jul-5 2024 Last modified: 7/5/2024 10:13 AM Technical review: RM Commercial review: RM/JD DOA: Blkt/DS(validity) 38 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1 – July 5, 2024 Page 25 of 26 ZENON W9 Form
39 Veolia Confidential and Proprietary Information
Membrane replacement & expansion for the American Canyon WTP Proposal number 593587 – revision #1– July5, 2024 Page 26 of 26 40 Dominic Patrick Jason Diamond
Water Systems Manager Municipal Regional Lifecycle Manager City of American Canyon
250 Kirkland Ranch Road
American Canyon, CA, 94503
Veolia Water Technologies & Solutions ZENON Environmental Corporation Head office: 3600 Horizon Blvd. Trevose, PA 19053 3239 Dundas St. W. Oakville, ON Canada off. +1-215-533-0000 - fax +215-633-0000 off. +1-905-465-3030 www.watertechnologies.com
August 19, 2024
Dear Mr. Patrick:
This letter is provided to confirm that a Sole Source Purchase from ZENON Environmental Corporation will be required to procure parts and/or services for ZeeWeed® hollow fiber immersed ultrafiltration membrane systems. The membrane systems are a proprietary technology developed by ZENON Environmental Corporation, a wholly owned business of Veolia Water Technologies & Solutions, subject to multiple patents.
Research and Development work by Veolia Water Technologies & Solutions is regularly producing process and technology upgrade options. At the point where system upgrades are required, Veolia will work closely with each client to select the best options specific for your plant.
Veolia Water Technologies & Solutions has structured the after-purchase support of our ZeeWeed® clients to assure access to a very high level of service and product support. Veolia has a service team with extensive experience and the capabilities to provide technical and engineering services distinctive to maintaining a high level of performance from the ZeeWeed® hollow fiber, ultrafiltration membranes. Veolia offers these unique services:
1. Insight™ Remote Process Monitoring
2. 24/7 Emergency Telephone Technical Support
3. On-Site Service Visits
4. Membrane Maintenance services & system upgrades
5. Membrane Replacement Planning
6. Entire system Recommended spare parts
If you have any questions, please do not hesitate to contact me.
Sincerely,
Jason Diamond, P.Eng.
Regional Lifecycle Manager - Veolia Water Technologies & Solutions 41 CITY COUNCIL AGENDA
SEPTEMBER 3, 2024
STAFF REPORT
CONSENT
ITEM NUMBER: 7.
TITLE
Notice of Completion for Via Bellagio Playground Surface Project (PR23-0800)
RECOMMENDATION
Adopt a Resolu0on accep0ng the project as complete and authorizing the Public Works Director to file a No0ce of Comple0on in conjunc0on with the Via Bellagio Playground Surface Project (PR23- 0800).
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Alexandra Ikeda, Parks and Recreation Director
BACKGROUND & ANALYSIS
The Via Bellagio Playground Surface included the removal of the exis0ng play bark and installed a rubberized playground surface at Via Bellagio Park to provide an all-access universal play experience for all.
On October 17, 2023, City Council awarded a construc0on contract to Miracle PlaySystems, Inc. in the amount of $148,544.57. During the course of the work, it was determined that the removal of exis0ng materials was not included in the original proposal therefore one contract change order was issued in the amount of $4,362.00: increasing the total construction contract to $152,906.57.
The project has been completed and inspected to the sa0sfac0on of the Parks and Recrea0on Director and Public Works Director. Staff recommends the Council accept the work as complete and approve a Notice of Completion.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Outdoors and Recrea0on: "Expand opportuni0es for use of outdoor recrea0on and an ac0ve and healthy lifestyle."
FISCAL IMPACT
The total expenditures for the project are $152,906 which is less the adopted project budget of 42 $165,000. Any unexpended funds will be returned to the original fund account, Special Revenue Fund – LLAD Zone 1, LaVigne (261-85-450-48310).
ENVIRONMENTAL REVIEW
15302 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 2 exemp0on of replacement or reconstruc0on of exis0ng facili0es of Sec0on 15302 of Title 14 of the California Code of Regula0ons and said exemp0on is not negated by any excep0on under Section 15300.2 of said Regulations.
ATTACHMENTS:
1. Resolution NOC Via Bellagio
2. Notice of Completion PR23-0800
43 RESOLUTION NO. 2024-______
A RESOLUTION ACCEPTING THE PROJECT AS COMPLETE AND AUTHORIZING THE PUBLIC WORKS
DIRECOTR TO FILE A NOTICE OF COMPLETION IN CONJUNCTION WITH THE VIA BELLAGIO PLAYGROUND SURFACE PROJECT (PR23-0800)
WHEREAS, Via Bellagio Park is an important community amenity that provides recreational opportunities, contributes to the health and wellness of our community, and creates valuable greenspace that is enjoyable and loved by the residents in the LaVigne community in American Canyon; and WHEREAS, after receiving feedback from community members, the Parks and Community Services Commission, and City Council Members on the desired playground design and features for Via Bellagio Park, City staff worked exclusively with Miracle PlaySystems, Inc. to resurface Via Bellagio Park playground to provide an all access and universal play experience for all; and WHEREAS, on October 17, 2023, City Council awarded a construction contract to Miracle PlaySystems, Inc. in the amount of $148,544.57 for the Via Bellagio Playground Surface Project (PR23-0800); and WHEREAS, there was one change order in the amount of $4,362.00 to remove the existing materials from the playground increasing the total contract amount to $152,906.57; and WHEREAS, the adopted project budget of $165,000 covered all expenditures for the project and any unexpended funds will be returned to the original fund account, Special Revenue Fund – LLAD Zone 1, LaVigne (261-85-450-48310); and
WHEREAS, Miracle PlaySystems, Inc. has completed all of the contracted work to the satisfaction of the Public Works Director.
NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby accepts the Via Bellagio Playground Surface Project (PR23-0800) as complete and authorizes the Public Works Director to file a Notice of Completion.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 3rd day of September 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 44 RECORDING REQUESTED BY:
City of American Canyon
4381 Broadway, Ste. 201
American Canyon, CA 94503
WHEN RECORDED RETURN TO:
City of American Canyon
4381 Broadway, Ste. 201
American Canyon, CA 94503
Exempt from recording fee pursuant to Government Code Section 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in Paragraph 3 herein in the real property herein described is owned by:
City of American Canyon
4381 Broadway, Ste. 201
American Canyon, CA 94503
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co-owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the original contract, if any, for said work of improvement was: the VIA BELLAGIO PLAYYGROUND SURFACE PROJECT (PR23-0800) which consists of removing bark and installing rubberized playground surface at the Via Bellagio Park, in American Canyon.
4. That on the 8th day of February, 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor for said work of improvement was:
Miracle PlaySystems, Inc.
1276 S. Main Street
Salinas, CA. 93901
6. That the name and address of the transferor is:
Miracle PlaySystems, Inc.
1276 S. Main Street
Salinas, CA. 93901
7. That the real property referred to herein is situated in the County of Napa, State of California, at the following location within the City of American Canyon, California:
Andrew Road, from Thayer Way to Crawford Way.
By: CITY OF AMERICAN CANYON
_________________________________
Erica Ahmann Smithies, P.E.
Public Works Director
45 CITY COUNCIL AGENDA
SEPTEMBER 3, 2024
STAFF REPORT
BUSINESS
ITEM NUMBER: 8
TITLE
2024 National Community Survey Report
RECOMMENDATION
Receive and file the 2024 National Community Survey Report.
CONTACT
Jason B. Holley, City Manager
Jen Kansanback, Communications Manager
BACKGROUND & ANALYSIS
The Na2onal Community Survey™ (The NCS™) report is about the “livability” of American Canyon. A livable community is a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. The survey was developed by the experts from the National Research Center (NRC) at Polco.
American Canyon par2cipated in The NCS™ in 2022 and established a goal of conduc2ng the survey every other year. The recent iteration was conducted over several weeks this past May and June.
The NCS™ report includes a detailed analysis of how the survey was conducted and analyzed, as well as a sample of the survey itself. The report will be added to the Community Survey page of the Virtual City Hall the week of September 9. Communica2on will commence then to share the results with the community. The survey will be conducted next in 2026.
Conducting the survey
All households within the city limits of American Canyon were eligible to par2cipate in the survey.
The survey was available in English, Spanish and Tagalog. All mailings contained paragraphs in all 3 languages instructing participants on how to complete the survey in their preferred language.
NRC conducted the selec2on of a “probability sample” of households and mailed survey invita2ons to 3,500 randomly selected households beginning on May 7, 2024, and data collec2on for the survey remained open for six weeks. The first mailing was a postcard invi2ng the household to par2cipate in the survey, followed by a reminder postcard. Further communication efforts included:
46 May 1 and 17 media releases
Social media post to encourage residents to check mailboxes for mailed survey May 3 & 17 City Manager’s Updates
In addi2on to the randomly selected “probability sample” of households, an online openpar2cipa2on survey was published. The open-par2cipa2on survey was iden2cal to the random sample survey, with two small updates; it asked a question to confirm the respondent was a resident of American Canyon and a ques2on about where they heard about the survey. The openpar2cipa2on survey was open to all city residents and became available on June 2, 2024. The survey remained open for two weeks. Communication efforts for the open participation survey included:
4 social media posts promoting open participation (May 22 - June 4) May 31 City Manager’s Update
Facebook boosted post
Google ad
"Last chance" social media post
"Last chance" GovDelivery email blast
June 14 City Manager’s Update
Provided paper copies of surveys to multi-family property managers Provided paper copies of surveys at Active Adult Center The results
Between May 7, 2024, and June 16, 2024, the opinions of 519 American Canyon residents were gathered through The NCS™. A summary of key findings is included below.
Highest-performing areas:
Safety related services received high praise from residents, with ra2ngs for Police/Sheriff services increasing 10 percentage points since 2022 and scoring higher than na2onal averages.
Despite a slight decline, residents praised the community for aKrac2ng people from diverse backgrounds, scoring higher than national averages.
American Canyon’s cultural opportuni2es received posi2ve reviews, showing significant improvement from the previous iteration in 2022.
Ra2ngs for some mobility related items increased over previous survey results, including traffic signal timing and enforcement, as well as ease of travel by car.
Lowest-performing areas:
Evalua2ons of economic related items underperformed, with many items scoring below national comparison groups.
Availability and affordability of all health-related services scored below na2onal averages, indicating a potential area of opportunity.
A few items related to inclusivity and engagement saw significant declines from the previous 47 survey but were in line with national averages.
Other notable ratings:
The majority of residents reported that they primarily use City parks to enjoy the outdoors and nature, or to walk, run, or bike for exercise.
Most residents iden2fied their families like to par2cipate in running, walking, and biking on trails, followed by community events, recreational swimming, and picnicking.
Comparisons to trends
Of the 122 evalua2ve ques2ons included on both the 2022 and current survey itera2ons, 88 were sta2s2cally similar to previous results. Upward trends were seen in 19 items, while 15 ra2ngs decreased since 2022. The most significant of those trends are listed below.
Increases since 2022:
Community support for the arts (+16%)
Opportunities to attend cultural/arts/music activities (+16%) Crime prevention (+15%)
Opportunities to participate in social events (+14%)
Ease of travel by car (+12%)
Feelings of safety from violent and property crime (+12%) Decreases since 2022:
Bus or transit services (-15%)
American canyon as a place to visit (-12%)
Taking care of vulnerable residents (-11%)
Public information services (-11%)
Overall economic health (-10%)
Comparisons to benchmarks
NRC’s database of compara2ve resident opinion is comprised of resident perspec2ves gathered in surveys from hundreds of communi2es whose residents evaluated the same kinds of topics on The NCS™. The comparison evalua2ons are from the most recent survey completed in each community in the last five years. NRC adds the latest results quickly upon survey comple2on, keeping the benchmark data fresh and relevant. The communi2es in the database represent a wide geographic and population range.
American Canyon benchmarked as #31 of 366 in the quality in police services and #21 in 343 in fire services. The lowest results for American Canyon in the benchmarks were in how the community rates as a place to visit and the vibrancy of the downtown/commercial area.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services." 48 FISCAL IMPACT
The cost of administering The NCS™ was included and expended as part of the FY 23/24 Budget.
ENVIRONMENTAL REVIEW
15378(b) - The ac2on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec2ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
1. The NCS Report - American Canyon
49 American Canyon, CA
The National Community Survey
Report of Results
2024
Visit us online!
www.polco.us
National Research Center at Polco
is a charter member of the AAPOR
Transparency Initiative, providing
clear disclosure of our sound and
ethical survey research practices.
Report by:
50 About The NCS™
The National Community Survey™ (The NCS™) report is about the “livability” of American Canyon. A livable community is a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. The survey was developed by the experts from National Research Center at Polco.
Great communities are partnerships of the government, private sector, community-based organizations and residents, all geographically connected. The NCS captures residents’ opinions considering ten central facets of a community:
• Economy
• Mobility
• Community Design
• Utilities
• Safety
• Natural Environment
• Parks and Recreation
• Health and Wellness
• Education, Arts, and Culture
• Inclusivity and Engagement
How the results are reported
For the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/ somewhat safe, etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data.” tables and graphs display the responses from respondents who had an opinion about a specific item.
The report provides the opinions of a representative sample of 519 residents of the City of American Canyon collected from May 7, 2024 to June 16, 2024. The margin of error around any reported percentage is 4% for all respondents and the response rate for the 2024 survey was 5%. Survey results were weighted so that the demographic profile of respondents was representative of the demographic profile of adults in American Canyon. 1 51
the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removed from the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item.
Comparisons to benchmarks
NRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 500 communities whose residents evaluated the same kinds of topics on The National Community Survey.
The comparison evaluations are from the most recent survey completed in each community in the last five years.
NRC adds the latest results quickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent a wide geographic and population range. In each tab, American Canyon's results are noted as being “higher” than the benchmark, “lower” than the benchmark, or “similar” to the benchmark, meaning that the average rating given by American Canyon residents is statistically similar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means that American Canyon's average rating for a particular item was more than 10 points different than the benchmark. If a rating was “much higher” or “much lower,” then American Canyon's average rating was more than 20 points different when compared to the benchmark.
Trends over time
Trend data for American Canyon represent important comparison data and should be examined for improvements or declines.¹ Deviations from stable trends over time represent opportunities for understanding how local policies, programs, or public information may have affected residents' opinions. Changes between survey years have been noted with an arrow and the percent difference. If the difference is greater than seven percentage points between the 2022 and 2024 surveys, the change is statistically significant.
1. In 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted due to wording modifications that could have potentially altered the meaning of the item for the respondent. 2 52
Conducting the survey
The 3,500 randomly selected households received mailings beginning on May 7, 2024 and data collection for the survey remained open for 6 weeks. The first mailing was a postcard inviting the household to participate in the survey. The final mailing was a reiminder postcard inviting the household one final time to participate in the survey.
All mailings included a web link to give residents the opportunity to respond to the survey online, as well as QR codes to further encourage participation. All follow-up mailings asked those who had not completed the survey to do so, and those who had already done so to refrain from completing the survey again.
The survey was available in English, Spanish and Tagalog. All mailings contained paragraphs in all languages instructing participants on how to complete the survey in their preferred language.
About 1% of the 3,500 mailed invitations or surveys were returned because the household address was vacant or the postal service was unable to deliver the survey as addressed. Of the remaining 3,478 households that received the invitations to participate, 177 completed the survey, providing an overall response rate of 5%. The response rate was calculated using AAPOR’s response rate #2 for mailed surveys of unnamed persons.² In addition to the randomly selected “probability sample” of households, a link to an online open-participation survey was publicized by the City of American Canyon. The open-participation survey was identical to the random sample survey, with two small updates; it asked a question to confirm the respondent was a resident of American Canyon and also a question about where they heard about the survey. The open-participation survey was open to all city residents and became available on June 2, 2024. The survey remained open for 2 weeks and 342 responses were received.
It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying “confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidence interval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinions are relied on to estimate all residents’ opinions. The margin of error for the City of American Canyon survey is no greater than plus or minus 4 percentage points around any given percent reported for all respondents (517 completed surveys).
Analyzing the data
Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were downloaded and merged with the mailed survey responses.
Methods
Selecting survey recipients
All households within the City of American Canyon were eligible to participate in the survey. A list of all households within the zip codes serving American Canyon was purchased from Polco's mailing vendor, Go-Dog Direct, based on updated listings from the United States Postal Service. Since some of the zip codes that serve the City of American Canyon households may also serve addresses that lie outside of the community, the exact geographic location of each housing unit was compared to community boundaries using the most current municipal boundary file. Addresses located outside of the City of American Canyon boundaries were removed from the list of potential households to survey. From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a unit number) sampled at a rate of 5:3 compared to single family housing units.
An individual within each household was randomly selected using the "birthday method". The birthday method selects a person within the household by asking the “person who most recently had a birthday” to complete the questionnaire. The underlying assumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction was contained in the introduction of the survey. 3 53
Unweighted Weighted Target ⁴
Age 18-34
35-54
55+
Hispanic
origin
No, not of Hispanic, Latino/a/x, or Spanish
origin
Yes, I consider myself to be of Hispanic,
Latino/a/x, or Spanish origin
Housing
tenure
Own
Rent
Housing type Attached
Detached
Race &
Hispanic
origin
Not white alone
White alone, not Hispanic or Latino
Sex Man
Woman
Sex/age Man 18-34
Man 35-54
Man 55+
Woman 18-34
Woman 35-54
34%
34%
31%
36%
36%
28%
53%
42%
6%
27%
73%
27%
72%
18%
82%
21%
79%
21%
78%
10%
90%
73%
27%
72%
27%
89%
11%
23%
77%
19%
80%
42%
58%
52%
48%
53%
44%
65%
35%
19%
16%
17%
16%
16%
19%
16%
18%
16%
10%
30%
3%
20%
13%
2%
Analyzing the data
Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were downloaded and merged with the mailed survey responses.
The demographics of the survey respondents were compared to those found in the 2020 Census and 2022 American Community Survey estimates for adults in the City of American Canyon. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race, Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated using an iterative, multiplicative raking model known as the ANES Weighting Algorithm.³ The results of the weighting scheme for the probability sample are presented in the following table.
NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g., age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups.
4 54
The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month.
On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item.
Contact
The City of American Canyon funded this research. Please contact Jen Kansanback of the City of American Canyon at [email protected] if you have any questions about the survey.
Study Limitations
All public opinion research is subject to unmeasured error. While the methodologies employed for this survey were designed to minimize this error as much as possible, these other sources of potential error should be acknowledged. Non-response error arises when those who were selected to participate in the survey did not do so, and may have different opinions or experiences than those who did respond. Coverage error refers to the possibility that some respondents that should have been included in the surveyed population were not (e.g., for a general resident survey, USPS mailing lists may exclude certain types of housing units, such as multi-family buildings where mail is delivered to a common area rather than to a specific unit (though this is rare), or where mail is received at a PO box instead of the at household's physical location. Finally, recall bias occurs when respondents may not perfectly remember their experiences in the past year (such as participation in social or civic events), and social desirability bias may cause respondents to answer in ways they think cast their responses in a more favorable light.
Survey Validity
See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali
2. See AAPOR's Standard Definitions for more information at https://aapor.org/standards-and-ethics/standard-definitions/..
Man 55+
Woman 35-54
Woman 55+ 17%
19%
18%
19%
31%
30%
5 55
Key Findings
Highest-performing areas:
· Safety related services received high praise from residents, with ratings for Police/Sheriff services increasing 10 percentage points since 2022 and scoring higher than national averages. · Despite a slight decline, residents praised the community for attracting people from diverse backgrounds, scoring higher than national averages.
· American Canyon’s cultural opportunities received positive reviews, showing significant improvement from the previous iteration in 2022.
· Ratings for some mobility related items increased over previous survey results, including traffic signal timing and enforcement, as well as ease of travel by car.
Lowest-performing areas:
· Evaluations of economic related items underperformed, with many items scoring below national comparison groups.
· Availability and affordability of all health-related services scored below national averages, indicating a potential area of opportunity.
· A few items related to inclusivity and engagement saw significant declines from the previous survey, but were in line with national averages.
Other notable ratings:
· The majority of residents reported that they primarily use City parks to enjoy the outdoors and nature, or to walk, run, or bike for exercise.
· Most residents identified their families like to participate in running, walking, biking on trails, followed by community events, recreational swimming, and picnicking.
Areas of greatest change since 2022:
Of the 122 evaluative questions included on both the 2022 and current survey iterations, 88 were statistically similar to previous results. Upward trends were seen in 19 items, while 15 ratings decreased since 2022. The most significant of those trends are listed below.
Increases
Community support for the arts (+16%)
Opportunities to attend cultural/arts/music activities (+16%) Crime prevention (+15%)
Opportunities to participate in social events (+14%)
Ease of travel by car (+12%)
Feelings of safety from violent and property crime (12%) Decreases
Bus or transit services (-15%)
American canyon as a place to visit (-12%)
Taking care of vulnerable residents (-11%)
Public information services (-11%)
Overall economic health (-10%)
6 56
Facets of livability
Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as lower quality, as this should be a top priority to address.
Mobility
Community Design
Inclusivity and Engagement
Economy
Utilities
Education, Arts, and Culture
Health and Wellness
Parks and Recreation
Safety
Natural Environment
42%
50%
53%
55%
56%
57%
58%
75%
76%
78%
75%
85%
70%
89%
84%
70%
72%
81%
94%
76%
Quality and Importance by the Numbers
The table below shows the proportion of residents who rated the community facets positively for quality and the priority (importance) placed on each. Also displayed is whether local quality ratings were lower, similar, or higher t..
Quality
% excellent or good
Importance
% essential or very important
Facet of
Livability
Safety Quality
Importance
Economy Quality
Importance
Community Design Quality
Importance
Utilities Quality
Importance
Parks and Recreation Quality
Importance
Natural Environment Quality
Importance
Mobility Quality
Importance
Health and Wellness Quality
Importance
Education, Arts, and C.. Quality
Importance
Inclusivity and Engage.. Quality
Importance
76%
94%
55%
89%
50%
85%
56%
84%
75%
81%
78%
76%
42%
75%
58%
72%
57%
70%
53%
70%
Quality/Importance Gap Analysis
The gap analysis chart below shows the same data as above; however, this chart more clearly illustrates the comparative differences in quality and importance ratings for each facet, as well as the absolute ratings for each.
Quality Importance
vs. national benchmark
Similar
vs. national benchmark
Similar
7 57
Excellent
23%
Good
49%
Poor
6%
Fair
22%
The overall quality of life in American
Canyon, 2024
Quality of Life
Measuring community livability starts with
assessing the quality of life of those who live there,
and ensuring that the community is attractive,
accessible, and welcoming to all.
2018 2020 2022 2024
American Canyon as a place to live
The overall quality of life
83% 77%
Similar
77% 73%
Similar
Please rate each of the following aspects of quality of life in American Canyon. (% excellent or good)
2018 2020 2022 2024
Recommend living in American Canyon to someone
who asks
Remain in American Canyon for the next five years
82% 81%
Similar
80% 89%
Similar
Please indicate how likely or unlikely you are to do each of the following. (% very or somewhat likely)
2018 2020 2022 2024
Overall image or reputation
61% 68%
Similar
Please rate each of the following in the American Canyon community. (% excellent or good)
8. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. vs. benchmark⁸
8 58
Excellent
11%
Good
Fair 36%
30%
Poor
23%
Overall confidence in American Canyon
government, 2024
Governance
Strong local governments produce results that
meet the needs of residents while making the best
use of available resources, and are responsive to
the present and future needs of the community as
a whole.
2018 2020 2022 2024
The value of services for the taxes paid to American
Canyon
The overall direction that American Canyon is taking
The job American Canyon government does at
welcoming resident involvement
Overall confidence in American Canyon government
Generally acting in the best interest of the community
Being honest
Being open and transparent to the public
Informing residents about issues facing the
community
Treating all residents fairly
Treating residents with respect
53% 49%
Similar
52% 47%
Similar
60% 59%
Similar
53% 47%
Similar
55% 47%
Similar
55% 59%
Similar
54% 54%
Similar
54% 53%
Similar
66% 63%
Similar
67% 67%
Similar
Please rate the following categories of American Canyon government performance. (% excellent or good)
2018 2020 2022 2024
Public information services
Overall customer service by American Canyon
employees
74% 62%
Similar
77% 77%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
(% excellent or good)
vs. benchmark⁹
9 59
9. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Treating residents with respect
2018 2020 2022 2024
The City of American Canyon
The Federal Government
68% 62%
Similar
40% 39%
Similar
Overall, how would you rate the quality of the services provided by each of the following? (% excellent or good)
2018 2020 2022 2024
Attended a local public meeting
Contacted American Canyon elected officials to
express your opinion
Contacted the City of American Canyon for help or
information
Watched a local public meeting
11%
23%
Similar
15%
24%
Similar
40% 46%
Similar
36% 27%
Similar
Please indicate whether or not you have done each of the following in the last 12 months. (% excellent or good)
10 60
Excellent
7%
Good
48%
Fair
34%
Poor
11%
Overall economic health of American Canyon,
2024
Economy
Local governments work together with private and
nonprofit businesses, and with the community at large, to foster sustainable growth, create jobs, and promote a
thriving local economy.
2018 2020 2022 2024
American Canyon as a place to work
American Canyon as a place to visit
35% 37%
Lower
43% 31%
Much
lower
Please rate each of the following aspects of quality of life in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall quality of business and service
establishments
Variety of business and service establishments
Vibrancyofdowntown/commercialarea
55% 50%
Lower
37% 33%
Lower
Please rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Economic development
45% 52%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall economic health
65% 55%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
vs. benchmark¹⁰
11 61
Variety of business and service establishments
Vibrancy of downtown/commercial area
Employment opportunities
Shopping opportunities
Cost of living
26%
28%
Much
lower
21% 20%
Lower
22% 21%
Lower
28% 27%
Similar
2018 2020 2022 2024
What impact, if any, do you think the economy will
have on your family income in the next 6 months? Do
you think the impact will be:
19%
26%
Similar
What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:
(% very or somewhat positive)
10. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 12 62
Excellent
13%
Good
29%
Fair
35%
Poor
23%
Overall quality of the transportation system in
American Canyon, 2024
Mobility
The ease with which residents can move about
their communities, whether for commuting,
leisure, or recreation, plays a major role in the
quality of life for all who live, work, and play in
the community.
2018 2020 2022 2024
Traffic flow on major streets
Ease of public parking
Ease of travel by car
Ease of travel by public transportation
Ease of travel by bicycle
Ease of walking
20%
21%
Much
lower
63% 62%
Similar
51% 63%
Similar
44% 35%
Similar
54% 55%
Similar
54% 62%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
Please indicate whether or not you have done each of the following in the last 12 months. 2018 2020 2022 2024
Overall quality of the transportation system
46% 42%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
vs. benchmark¹¹
13 63
11. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 2018 2020 2022 2024
Used public transportation instead of driving
Carpooled with other adults or children instead of
driving alone
Walked or biked instead of driving
15%
16%
Similar
41%
43%
Similar
66% 63%
Similar
Please indicate whether or not you have done each of the following in the last 12 months. (% yes)
2018 2020 2022 2024
Traffic enforcement
Traffic signal timing
Street repair
Street cleaning
Street lighting
Sidewalk maintenance
Bus or transit services
47%
56%
Similar
34%
45%
Similar
35%
40%
Similar
65% 61%
Similar
64% 62%
Similar
59% 57%
Similar
55% 40%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
14 64
Excellent
11%
Good
39%
Fair
26%
Poor
25%
Overall design or layout of American Canyon's
residential and commercial areas, 2024
Community Design
A well-designed community enhances the
quality of life for its residents by
encouraging smart land use and zoning,
ensuring that affordable housing is
accessible to all, and providing access to
parks and other green spaces.
2018 2020 2022 2024
Well-planned residential growth
Well-planned commercial growth
Well-designed neighborhoods
Preservation of the historical or cultural character of thit
42% 44%
Similar
27%
31%
Similar
54% 52%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Your neighborhood as a place to live
79% 82%
Similar
Please rate each of the following aspects of quality of life in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall design or layout of residential and
commercial areas
48% 50%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
vs. benchmark¹²
15 65
12. Comparison to the national benchmark is shown. If no comparison is available, this is left blank.
Well-designed neighborhoods
Preservation of the historical or cultural character of the community
Public places where people want to spend time
Variety of housing options
Availability of affordable quality housing
Overall quality of new development
Overall appearance
49% 46%
Similar
40%
45%
Lower
40% 35%
Similar
26% 19%
Similar
51% 49%
Similar
51% 55%
Similar
2018 2020 2022 2024
Land use, planning and zoning
Code enforcement
34% 34%
Similar
41% 47%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
16 66
Excellent
14%
Good
42%
Fair
31%
Poor
13%
Overall quality of the utility infrastructure in
American Canyon, 2024
Utilities
Services such as water, gas, electricity, and
internet access play a vital role in ensuring the
physical and economic health and well-being
of the communities they serve.
13. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 2018 2020 2022 2024
Affordable high-speed internet access
Garbage collection
Drinking water
Sewer services
Storm water management
Power (electric and/or gas) utility
Utility billing
52% 52%
Similar
82% 77%
Similar
66% 56%
Lower
76% 74%
Similar
73% 76%
Similar
63%
67%
Similar
54% 46%
Lower
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall quality of the utility infrastructure
65% 56%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
vs. benchmark¹³
13. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 17 67
Excellent
29%
Good
46%
Fair
19%
Poor
5%
Overall feeling of safety in American Canyon,
2024
Safety
Public safety is often the most important task
facing local governments. All residents should
feel safe and secure in their neighborhoods
and in the greater community, and providing
robust safety-related services is essential to
residents' quality of life.
2018 2020 2022 2024
Overall feeling of safety
67% 76%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
2018 2020 2022 2024
In your neighborhood during the day
In American Canyon's downtown/commercial area
during the day
From property crime
From violent crime
From fire, flood, or other natural disaster
86% 91%
Similar
75% 79%
Similar
58%
70%
Similar
65%
77%
Similar
76% 79%
Similar
Please rate how safe or unsafe you feel:
(% very or somewhat safe)
Please rate the quality of each of the following services in American Canyon. (%excellentorgood)
vs. benchmark¹⁴
18 68
2018 2020 2022 2024
Police services
Crime prevention
Animal control
Ambulance or emergency medical services
Fire services
Fire prevention and education
Emergency preparedness
75%
84%
Higher
65%
80%
Similar
63%
69%
Similar
83% 92%
Similar
91% 95%
Similar
78% 84%
Similar
63%
70%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
14. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 19 69
Excellent
26%
Good
52%
Fair
21%
Poor
1%
Overall quality of natural environment in
American Canyon, 2024
Natural Environment
The natural environment plays a vital role in the health and well-being of residents. The natural spaces in which residents live and experience their communities has a
direct and profound effect on quality of life.
2018 2020 2022 2024
Cleanliness
Water resources
Air quality
68% 76%
Similar
44% 47%
Similar
74% 75%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Preservation of natural areas
American Canyon open space
Recycling
Yard waste pick-up
70% 71%
Similar
74% 76%
Similar
76% 75%
Similar
80% 83%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall quality of natural environment
79% 78%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
15. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. vs. benchmark¹⁵
20 70
Excellent
30%
Good
45%
Fair
17%
Poor
8%
Overall quality of parks and recreation
opportunities, 2024
Parks and Recreation
"There are no communities that pride themselves on
their quality of life, promote themselves as a
desirable location for businesses to relocate, or
maintain that they are environmental stewards of
their natural resources, without such communities
having a robust, active system of parks and
recreation programs for public use and enjoyment."
- National Recreation and Park Association
2018 2020 2022 2024
Availability of paths and walking trails
Fitness opportunities
Recreational opportunities
75% 77%
Similar
69% 63%
Similar
52%
59%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
City parks
Recreation programs or classes
Recreation centers or facilities
69% 75%
Similar
65% 75%
Similar
70% 66%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
2018 2020 2022 2024
Overall quality of parks and recreation opportunities
74% 75%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
16. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. vs. benchmark¹⁶
21 71
Excellent
15%
Good
43%
Fair
30%
Poor
13%
Overall health and wellness opportunities in
American Canyon, 2024
Health and Wellness
The characteristics of and amenities available
in the communities in which people live has a
direct impact on the health and wellness of
residents, and thus, on their quality of life
overall.
2018 2020 2022 2024
Availability of affordable quality food
Availability of affordable quality health care
Availability of preventive health services
Availability of affordable quality mental health care
42% 40%
Lower
42% 34%
Lower
43% 34%
Lower
29% 21%
Lower
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Health services
55% 53%
Lower
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
2018 2020 2022 2024
Please rate your overall health. 64% 61%
Similar
Please rate your overall health.
(% excellent or very good)
2018 2020 2022 2024
Overall health and wellness opportunities
62% 58%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
17. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. vs. benchmark¹⁷
17. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 22 72
Excellent
15%
Good
42%
Fair
35%
Poor
8%
Overall opportunities for education,
culture and the arts, 2024
Education, Arts, and Culture
Participation in the arts, in educational opportunities, and in cultural activities is linked to increased civic
engagement, greater social tolerance, and enhanced
enjoyment of the local community.
2018 2020 2022 2024
Opportunities to attend cultural/arts/music activities
Community support for the arts
Availability of affordable quality childcare/preschool
K-12 education
Adult educational opportunities
Opportunities to attend special events and festivals
25%
41%
Similar
36%
52%
Similar
42% 44%
Similar
66% 76%
Similar
37%
41%
Similar
49%
59%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Overall opportunities for education, culture, and
the arts
46%
57%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
vs. benchmark¹⁸
23 73
Opportunities to attend special events and festivals
2018 2020 2022 2024
Public library services
79% 86%
Similar
Please rate the quality of each of the following services in American Canyon. (% excellent or good)
18. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 24 74
Excellent
13%
Good
40%
Fair
34%
Poor
12%
Residents' connection and engagement with
their community, 2024
Inclusivity and Engagement
Inclusivity refers to a cultural and environmental
feeling of belonging; residents who feel invited to
participate within their communities feel more
included, involved, and engaged than those who do
not.
2018 2020 2022 2024
American Canyon as a place to raise children
American Canyon as a place to retire
Sense of community
80% 83%
Similar
60% 62%
Similar
68% 63%
Similar
Please rate each of the following aspects of quality of life in American Canyon. (% excellent or good)
2018 2020 2022 2024
Residents' connection and engagement with
their community
56% 53%
Similar
Please rate each of the following characteristics as they relate to American Canyon as a whole. (% excellent or good)
2018 2020 2022 2024
Making all residents feel welcome
Attracting people from diverse backgrounds
77% 68%
Similar
Higher
Please rate the job you feel the American Canyon community does at each of the following. (% excellent or good)
vs. benchmark¹⁹
25 75
Making all residents feel welcome
Attracting people from diverse backgrounds
Valuing/respecting residents from diverse
backgrounds
Taking care of vulnerable residents
84% 77%
Higher
85% 76%
Similar
73% 62%
Similar
2018 2020 2022 2024
Sense of civic/community pride
Neighborliness of residents
Opportunities to participate in social events and
activities
Opportunities to volunteer
Opportunities to participate in community matters
Openness and acceptance of the community toward
people of diverse backgrounds
54% 61%
Similar
61% 61%
Similar
43%
58%
Similar
60% 61%
Similar
53% 61%
Similar
69% 69%
Similar
Please also rate each of the following in the American Canyon community. (% excellent or good)
2018 2020 2022 2024
Campaigned or advocated for a local issue, cause, or
candidate
Voted in your most recent local election
20% 20%
Similar
79% 78%
Similar
Please indicate whether or not you have done each of the following in the last 12 months. (% excellent or good)
19. Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 26 76
How frequent do
you visit the
following parks in
American Canyon?
Sports field Once a week or more
1-2 times a month
Less than 5 times a year
Never
Neighborhood
parks
Once a week or more
1-2 times a month
Less than 5 times a year
Never
Open spaces Once a week or more
1-2 times a month
Less than 5 times a year
Never
Trails Once a week or more
1-2 times a month
Less than 5 times a year
Never
Dog park Once a week or more
1-2 times a month
Less than 5 times a year
Never
Skate park Once a week or more
1-2 times a month
Less than 5 times a year
Never
33%
24%
22%
21%
5%
24%
31%
40%
11%
31%
34%
25%
12%
23%
34%
30%
74%
16%
3%
8%
12%
3%
2%
Custom questions
Below are the complete set of responses to each custom question on the survey. By default, “don’t know” responses are excluded, but may be added to the table using the response filter below.
Include "don't know"
No
27 77
1-2 times a month
Never
Outdoor covered
exercise equipment
Once a week or more
1-2 times a month
Less than 5 times a year
Never
Sand volleyball
courts
Once a week or more
1-2 times a month
Less than 5 times a year
Never
Tennis courts Once a week or more
1-2 times a month
Less than 5 times a year
Never
Basketball courts Once a week or more
1-2 times a month
Less than 5 times a year
Never
Bocceball courts Once a week or more
1-2 times a month
Less than 5 times a year
Never
Pickleball courts Once a week or more
1-2 times a month
Less than 5 times a year
Never
What are the
primary reasons
that you use parks
in American
Canyon? (click all
that apply)
Enjoy the outdoors and nature
Walk, run, or bike for exercise
Walk your dog
Nature walks
Plt
83%
3%
63%
22%
8%
7%
82%
10%
4%
4%
71%
20%
4%
5%
60%
20%
12%
8%
85%
10%
3%
3%
83%
11%
4%
2%
30%
57%
44%
79%
84%
28 78
that you use parks
in American
Canyon? (click all
Walk, run, or bike for exercise
Walk your dog
Nature walks
Play sports
Participate in family activities
Picnic and general leisure
activities
Meet friends
Attend community events
Don't use parks
What type of
recreational
activities do you or
your family like to
participate in
American Canyon
or elsewhere?
(Select all that
apply)
Recreational swim (pool)
Lap swim (pool)
Water exercise (pool)
Swim lessons
Basketball
Softball/Baseball
Soccer
Flag football
Arts and crafts
Summer camp
Outdoor nature programs
Running, walking, biking on
trails
Community events
Photography
Playgrounds (visit/play)
Picnicking
Exercise and fitness classes
Enrichment-based classes
(STEAM)
Seasonal and summer camps
Adult sports leagues
Open gym: basketball and
volleyball
Badminton
Dance
4%
37%
32%
46%
48%
30%
57%
44%
79%
12%
8%
11%
10%
11%
9%
25%
42%
37%
26%
55%
79%
30%
16%
31%
7%
20%
16%
24%
27%
22%
18%
43%
29 79
Open gym: basketball and
volleyball
Badminton
Dance
Tennis
Pickleball
Bocceball
Skateboard/rollerskating
What is the most
convenient
program times for
you and others in
your household?
Weekday mornings 9am-12pm
Weekday afternoons 12pm-4pm
Weekday evenings after 4pm
Weekend mornings 9am-12pm
Weekend afternoons
12pm-4pm
Weekend evenings after 4pm
Drop-in format, rather than
on-going activities
8%
9%
7%
12%
12%
8%
18%
7%
10%
25%
22%
5%
14%
30 80
The National Community Survey
™ • © 2001-2024 National Research Center, Inc.
The City of American Canyon 2024 Community Survey
Please complete this survey if you are the adult (age 18 or older) in the household who most recently had a birthday (the year of birth does not matter). Your responses are confidential and no identifying information will be shared.
1. Please rate each of the following aspects of quality of life in American Canyon.
Excellent Good Fair Poor Don’t know
American Canyon as a place to live.................................................................................. 1 2 3 4 5 Your neighborhood as a place to live .............................................................................. 1 2 3 4 5 American Canyon as a place to raise children............................................................. 1 2 3 4 5 American Canyon as a place to work............................................................................... 1 2 3 4 5 American Canyon as a place to visit................................................................................. 1 2 3 4 5 American Canyon as a place to retire.............................................................................. 1 2 3 4 5 The overall quality of life in American Canyon........................................................... 1 2 3 4 5 Sense of community................................................................................................................ 1 2 3 4 5
2. Please rate each of the following characteristics as they relate to American Canyon as a whole.
Excellent Good Fair Poor Don’t know
Overall economic health of American Canyon............................................................. 1 2 3 4 5 Overall quality of the transportation system (auto, bicycle, foot, bus) in American Canyon............................................................................................................ 1 2 3 4 5 Overall design or layout of American Canyon’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) ................................................. 1 2 3 4 5 Overall quality of the utility infrastructure in American Canyon (water, sewer, storm water, electric/gas, broadband)........................................ 1 2 3 4 5 Overall feeling of safety in American Canyon.............................................................. 1 2 3 4 5 Overall quality of natural environment in American Canyon............................... 1 2 3 4 5 Overall quality of parks and recreation opportunities ............................................ 1 2 3 4 5 Overall health and wellness opportunities in American Canyon........................ 1 2 3 4 5 Overall opportunities for education, culture, and the arts..................................... 1 2 3 4 5 Residents’ connection and engagement with their community .......................... 1 2 3 4 5
3. Please indicate how likely or unlikely you are to do each of the following.
Very Somewhat Somewhat Very Don’t
likely likely unlikely unlikely know
Recommend living in American Canyon to someone who asks.....1 2 3 4 5 Remain in American Canyon for the next five years...........................1 2 3 4 5
4. Please rate how safe or unsafe you feel:
Very Somewhat Neither safe Somewhat Very Don’t
safe safe nor unsafe unsafe unsafe know
In your neighborhood during the day......................................1 2 3 4 5 6 In American Canyon’s downtown/commercial area
during the day...............................................................................1 2 3 4 5 6 From property crime.......................................................................1 2 3 4 5 6 From violent crime...........................................................................1 2 3 4 5 6 From fire, flood, or other natural disaster .............................1 2 3 4 5 6
5. Please rate the job you feel the American Canyon community does at each of the following.
Excellent Good Fair Poor Don’t know
Making all residents feel welcome ................................................................................... 1 2 3 4 5 Attracting people from diverse backgrounds.............................................................. 1 2 3 4 5 Valuing/respecting residents from diverse backgrounds...................................... 1 2 3 4 5 Taking care of vulnerable residents (elderly, disabled, homeless, etc.)........... 1 2 3 4 5
6. Please rate each of the following in the American Canyon community.
Excellent Good Fair Poor Don’t know
Overall quality of business and service establishments in American Canyon1 2 3 4 5 Variety of business and service establishments in American Canyon.............. 1 2 3 4 5 Vibrancy of downtown/commercial area ..................................................................... 1 2 3 4 5 Employment opportunities ................................................................................................. 1 2 3 4 5 Shopping opportunities......................................................................................................... 1 2 3 4 5 Cost of living in American Canyon.................................................................................... 1 2 3 4 5 Overall image or reputation of American Canyon..................................................... 1 2 3 4 5 81 The National Community Survey
™ • © 2001-2024 National Research Center, Inc.
7. Please also rate each of the following in the American Canyon community.
Excellent Good Fair Poor Don’t know
Traffic flow on major streets............................................................................................... 1 2 3 4 5 Ease of public parking............................................................................................................ 1 2 3 4 5 Ease of travel by car in American Canyon..................................................................... 1 2 3 4 5 Ease of travel by public transportation in American Canyon............................... 1 2 3 4 5 Ease of travel by bicycle in American Canyon............................................................. 1 2 3 4 5 Ease of walking in American Canyon .............................................................................. 1 2 3 4 5 Well-planned residential growth...................................................................................... 1 2 3 4 5 Well-planned commercial growth.................................................................................... 1 2 3 4 5 Well-designed neighborhoods ........................................................................................... 1 2 3 4 5 Preservation of the historical or cultural character of the community............ 1 2 3 4 5 Public places where people want to spend time ........................................................ 1 2 3 4 5 Variety of housing options................................................................................................... 1 2 3 4 5 Availability of affordable quality housing ..................................................................... 1 2 3 4 5 Overall quality of new development in American Canyon..................................... 1 2 3 4 5 Overall appearance of American Canyon ...................................................................... 1 2 3 4 5 Cleanliness of American Canyon....................................................................................... 1 2 3 4 5 Water resources (beaches, lakes, ponds, riverways, etc.) ..................................... 1 2 3 4 5 Air quality.................................................................................................................................... 1 2 3 4 5 Availability of paths and walking trails.......................................................................... 1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.)... 1 2 3 4 5 Recreational opportunities.................................................................................................. 1 2 3 4 5 Availability of affordable quality food ............................................................................ 1 2 3 4 5 Availability of affordable quality health care............................................................... 1 2 3 4 5 Availability of preventive health services ..................................................................... 1 2 3 4 5 Availability of affordable quality mental health care ............................................... 1 2 3 4 5 Opportunities to attend cultural/arts/music activities .......................................... 1 2 3 4 5 Community support for the arts........................................................................................ 1 2 3 4 5 Availability of affordable quality childcare/preschool............................................ 1 2 3 4 5 K-12 education.......................................................................................................................... 1 2 3 4 5 Adult educational opportunities ....................................................................................... 1 2 3 4 5 Sense of civic/community pride........................................................................................ 1 2 3 4 5 Neighborliness of residents in American Canyon...................................................... 1 2 3 4 5 Opportunities to participate in social events and activities .................................. 1 2 3 4 5 Opportunities to attend special events and festivals................................................ 1 2 3 4 5 Opportunities to volunteer.................................................................................................. 1 2 3 4 5 Opportunities to participate in community matters ................................................ 1 2 3 4 5 Openness and acceptance of the community toward people
of diverse backgrounds..................................................................................................... 1 2 3 4 5
8. Please indicate whether or not you have done each of the following in the last 12 months.
No Yes
Contacted the City of American Canyon (in-person, phone, email, or web) for help or information...........1 2 Contacted American Canyon elected officials (in-person, phone, email, or web) to express your opinion1 2 Attended a local public meeting (of local elected officials like City Council or County Supervisors, advisory boards, town halls, etc.) ............................................................................................................1 2 Watched (online or on television) a local public meeting...............................................................................................1 2 Volunteered your time to some group/activity in American Canyon........................................................................1 2 Campaigned or advocated for a local issue, cause, or candidate..................................................................................1 2 Voted in your most recent local election ................................................................................................................................1 2 Used public transportation instead of driving .....................................................................................................................1 2 Carpooled with other adults or children instead of driving alone...............................................................................1 2 Walked or biked instead of driving...........................................................................................................................................1 2 82 The National Community Survey
™ • © 2001-2024 National Research Center, Inc.
The City of American Canyon 2024 Community Survey
9. Please rate the quality of each of the following services in American Canyon.
Excellent Good Fair Poor Don’t know
Public information services............................................................................................. 1 2 3 4 5 Economic development..................................................................................................... 1 2 3 4 5 Traffic enforcement............................................................................................................ 1 2 3 4 5 Traffic signal timing............................................................................................................ 1 2 3 4 5 Street repair ........................................................................................................................... 1 2 3 4 5 Street cleaning....................................................................................................................... 1 2 3 4 5 Street lighting ........................................................................................................................ 1 2 3 4 5 Sidewalk maintenance....................................................................................................... 1 2 3 4 5 Bus or transit services ....................................................................................................... 1 2 3 4 5 Land use, planning, and zoning...................................................................................... 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.) ...................................... 1 2 3 4 5 Affordable high-speed internet access ....................................................................... 1 2 3 4 5 Garbage collection............................................................................................................... 1 2 3 4 5 Drinking water...................................................................................................................... 1 2 3 4 5 Sewer services....................................................................................................................... 1 2 3 4 5 Storm water management (storm drainage, dams, levees, etc.) .................... 1 2 3 4 5 Power (electric and/or gas) utility............................................................................... 1 2 3 4 5 Utility billing .......................................................................................................................... 1 2 3 4 5 Police services....................................................................................................................... 1 2 3 4 5 Crime prevention................................................................................................................. 1 2 3 4 5 Animal control....................................................................................................................... 1 2 3 4 5 Ambulance or emergency medical services ............................................................. 1 2 3 4 5 Fire services ........................................................................................................................... 1 2 3 4 5 Fire prevention and education....................................................................................... 1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ..................................... 1 2 3 4 5 Preservation of natural areas (open space, farmlands, and greenbelts)..... 1 2 3 4 5 American Canyon open space......................................................................................... 1 2 3 4 5 Recycling.................................................................................................................................. 1 2 3 4 5 Yard waste pick-up.............................................................................................................. 1 2 3 4 5 City parks................................................................................................................................. 1 2 3 4 5 Recreation programs or classes .................................................................................... 1 2 3 4 5 Recreation centers or facilities ...................................................................................... 1 2 3 4 5 Health services...................................................................................................................... 1 2 3 4 5 Public library services ....................................................................................................... 1 2 3 4 5 Overall customer service by American Canyon employees
(police, receptionists, planners, etc.) ..................................................................... 1 2 3 4 5
10. Please rate the following categories of American Canyon government performance.
Excellent Good Fair Poor Don’t know
The value of services for the taxes paid to American Canyon .......................... 1 2 3 4 5 The overall direction that American Canyon is taking ........................................ 1 2 3 4 5 The job American Canyon government does at welcoming resident involvement 1 2 3 4 5 Overall confidence in American Canyon government.......................................... 1 2 3 4 5 Generally acting in the best interest of the community ...................................... 1 2 3 4 5 Being honest........................................................................................................................... 1 2 3 4 5 Being open and transparent to the public................................................................. 1 2 3 4 5 Informing residents about issues facing the community.................................... 1 2 3 4 5 Treating all residents fairly ............................................................................................. 1 2 3 4 5 Treating residents with respect .................................................................................... 1 2 3 4 5
11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don’t know
The City of American Canyon.......................................................................................... 1 2 3 4 5 The Federal Government.................................................................................................. 1 2 3 4 5 83 The National Community Survey
™ • © 2001-2024 National Research Center, Inc.
12. Please rate how important, if at all, you think it is for the American Canyon community to focus on each of the following in the coming two years.
Very Somewhat Not at all
Essential important important important
Overall economic health of American Canyon................................................................1 2 3 4 Overall quality of the transportation system (auto, bicycle, foot, bus) in American Canyon ..............................................................................................................1 2 3 4 Overall design or layout of American Canyon’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.).....................................................1 2 3 4 Overall quality of the utility infrastructure in American Canyon (water, sewer, storm water, electric/gas, broadband)...........................................1 2 3 4 Overall feeling of safety in American Canyon.................................................................1 2 3 4 Overall quality of natural environment in American Canyon..................................1 2 3 4 Overall quality of parks and recreation opportunities ...............................................1 2 3 4 Overall health and wellness opportunities in American Canyon...........................1 2 3 4 Overall opportunities for education, culture, and the arts........................................1 2 3 4 Residents’ connection and engagement with their community .............................1 2 3 4
13. How frequent do you visit the following parks in American Canyon? Once a week 1-2 times Less than 5
or more a month times a year Never
Sports field.....................................................................................................................................1 2 3 4 Neighborhood parks..................................................................................................................1 2 3 4 Open spaces...................................................................................................................................1 2 3 4 Trails.................................................................................................................................................1 2 3 4 Dog park..........................................................................................................................................1 2 3 4 Skate park.......................................................................................................................................1 2 3 4 Outdoor covered exercise equipment................................................................................1 2 3 4 Sand volleyball courts...............................................................................................................1 2 3 4 Tennis courts ................................................................................................................................1 2 3 4 Basketball courts.........................................................................................................................1 2 3 4 Bocceball courts ..........................................................................................................................1 2 3 4 Pickleball courts ..........................................................................................................................1 2 3 4
14. What are the primary reasons that you use parks in American Canyon (click all that apply) Enjoy the outdoors and nature
Walk, run, or bike for exercise
Walk your dog
Nature walks
Play sports
Participate in family activities
Picnic and general leisure
activities
Meet friends
Attend community events
Don’t use parks
15. What type of recreational activities do you or your family like to participate in American Canyon or elsewhere? (Select all that apply)
Recreational swim (pool)
Lap swim (pool)
Water exercise (pool)
Swim lessons
Basketball
Softball/Baseball
Soccer
Flag football
Arts and crafts
Summer camp
Outdoor nature programs
Running, walking, biking on trails
Community events
Photography
Playgrounds (visit/play)
Picnicking
Exercise and fitness classes
Enrichment-based classes (STEAM)
Seasonal and summer camps
Adult sports leagues
Open gym: basketball and volleyball
Badminton
Dance
Tennis
Pickleball
Bocceball
Skateboard/rollerskating
16. What is the most convenient program times for you and others in your household? Weekday mornings 9am-12pm
Weekday afternoons 12pm-4pm
Weekday evenings after 4pm
Weekend mornings 9am-12pm
Weekend afternoons 12pm-4pm
Weekend evenings after 4pm
Drop-in format, rather than ongoing activities
84 The National Community Survey
™ • © 2001-2024 National Research Center, Inc.
The City of American Canyon 2024 Community Survey
Our last questions are about you and your household.
Again, all of your responses to this survey are confidential and no identifying information will be shared.
D1. In general, how many times do you: Several Once A few times Every Less often Don’t times a day a day a week few weeks or never know
Access the internet from your home using
a computer, laptop, or tablet computer ......................1 2 3 4 5 6 Access the internet from your cell phone.......................1 2 3 4 5 6 Visit social media sites such as Facebook,
Twitter, Nextdoor, etc. .......................................................1 2 3 4 5 6 Use or check email....................................................................1 2 3 4 5 6 Share your opinions online...................................................1 2 3 4 5 6 Shop online..................................................................................1 2 3 4 5 6 D2. Please rate your overall health.
Excellent Very good Good Fair Poor
D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:
Very positive Somewhat positive Neutral Somewhat negative Very negative D4. How many years have you lived in
American Canyon?
Less than 2 years
2-5 years
6-10 years
11-20 years
More than 20 years
D5. Which best describes the building you live
in?
Single-family detached home
Townhouse or duplex (may share walls but
no units above or below you)
Condominium or apartment (have units
above or below you)
Mobile home
Other
D6. Do you rent or own your home?
Rent
Own
D7. About how much is your monthly housing
cost for the place you live (including rent,
mortgage payment, property tax, property
insurance, and homeowners’ association
(HOA) fees)?
Less than $300 $2,500 to $3,999
$300 to $599 $4,000 to $6,999
$600 to $999 $7,000 to $9,999
$1,000 to $1,499 $10,000 or more
$1,500 to $2,499
D8. Do any children 17 or under live in your
household?
No Yes
D9. Are you or any other members of your
household aged 65 or older?
No Yes
D10. How much do you anticipate your household’s total
income before taxes will be for the current year?
(Please include in your total income money from all
sources for all persons living in your household.)
Less than $25,000 $100,000 to $149,999
$25,000 to $49,999 $150,000 to $199,999
$50,000 to $74,999 $200,000 to $299,999
$75,000 to $99,999 $300,000 or more
D11. Are you of Hispanic, Latino/a/x, or Spanish origin? No Yes
D12. What is your race? (Mark one or more races to
indicate what race you consider yourself to be.)
❑ American Indian or Alaskan Native
❑ Asian
❑ Black or African American
❑ Native Hawaiian or Other Pacific Islander
❑ White
❑ A race not listed
D13. In which category is your age?
18-24 years 55-64 years
25-34 years 65-74 years
35-44 years 75 years or older
45-54 years
D14. What is your gender?
Woman
Man
Identify in another way → go to D14a
D14a. If you identify in another way, how would you
describe your gender?
Agender/I don’t identify with any gender
Genderqueer/gender fluid
Non-binary
Transgender man
Transgender woman
Two-spirit
Identify in another way
Thank you!
85 CITY COUNCIL AGENDA
SEPTEMBER 3, 2024
STAFF REPORT
BUSINESS
ITEM NUMBER: 9
TITLE
City Council Code of Conduct and Governance Protocols
RECOMMENDATION
Provide feedback on a draft City Council Code of Conduct and Governance Protocols
CONTACT
Jason Holley, City Manager
Taresa Geilfuss, City Clerk
Mark Joseph, Governance Ad-Hoc Subcommittee Member
David Oro, Governance Ad-Hoc Subcommittee Member
BACKGROUND & ANALYSIS
The City Council Code of Conduct and Governance Protocol was first established in 2007 and most recently updated in 2021 (Attachment 2).
The City Council appointed an Ad-Hoc Commi8ee (Oro/Joseph) to prepare a new version of the document. A:er hours of hard work by the Subcommi8ee, the City Clerk and staff, the latest dra: is brought forward for Council consideration and feedback (Attachment 1).
The Code of Conduct and Governance Protocol is designed to establish standards of behavior and opera<onal procedures for council members, ensuring transparency, accountability, and ethical governance. Its primary purpose is to foster a professional and respec=ul environment, guiding council members in their interactions with each other, city staff, and the public.
The Code and Protocol outlines expectations for ethical conduct, including integrity, impartiality, and adherence to legal and procedural norms. Governance protocols cover mee<ng procedures, decision-making processes, and public engagement strategies, aiming to enhance the efficiency and effec<veness of municipal opera<ons. By se@ng clear standards and procedures, it helps maintain public trust and promotes a collaborative and responsible approach to local government.
Further refinement incorporating Council comments and legal review will be needed. 86 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
Not applicable
ENVIRONMENTAL REVIEW
15378(b) - The ac<on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec<ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.
ATTACHMENTS:
Attachment 1 - Draft Governance Protocols 2024-09-03
Attachment 2 - Current Governance Protocol Handbook - Revised 03 17 2020 87 CITY COUNCIL
CODE OF CONDUCT
AND
GOVERNANCE
PROTOCOLS
88 PREFACE
As this Code of Conduct and Governance Protocols (Code and Protocols) is read, it is hoped that a general philosophy of governance emerges: the public good is best served when the City Council and staff work together as a team, when they understand their roles and responsibilities; and when all sides understand that there is rarely a single right answer—often there is a continuum of options, from one extreme to the other. The Council’s job, with input from staff, stakeholders and the public, is to decide where to land on that continuum.
This Code and Protocols is intended to apply to elected officials (i.e. City Council Members) as well as all City Council-appointees to boards, commissions and committees. The term “Council Member” as used herein shall be construed to apply individually to Council Members and City Council-appointees. The term “City Council” as used herein shall be construed to apply collectively to the City Council and City boards, commissions and committees. 89 INTRODUCTION
This Code of Conduct and Governance Protocols (Code and Protocols) serves four specific and important goals:
Reflect Governance Philosophy. Articulate the City Council’s philosophy on governance, including its code of conduct, roles, responsibilities, and relationships, and how it conducts its business.
Commitment to Transparency. Ensure that the public can easily review and compare the City Council’s actions with its stated policies, demonstrating a commitment to transparency.
Training and Guidance. Serve as a training tool and guidance for new Council Members and serve as a reference document for the entire Council when deliberating on current issues.
Basis for Review and Revision. Provide for future review and revisions, allowing future City Councils to examine these protocols and adapt them to evolving conditions.
Relationship between the City Council “Code of Conduct and Governance Protocols” and City Council “Policies”.
The Code and Protocols detail how the City Council governs and performs its duties as elected officials – essentially, “how the City Council collectively conducts business” and “how Council Members individually conduct themselves.”
In contrast, City Council “Policies” outline the entire City Council’s positions on various issues, from finance to customer service to economic development. An example list of common Policies is shown in the Appendix.
While the Code and Protocols are expected to remain consistent over time, they can be amended as necessary. City Council Policies, however, are expected to evolve more regularly in response to changing circumstances.
City Council Policies are further distinguished from Administrative Policies and Procedures which are proffered by the City Manager and not subject to City Council approval.
Future Changes
The Code and Protocols are adopted by Ordinance and incorporated into the American Canyon Municipal Code (ACMC). They may be modified according to the process established by the Ordinance.
90 SECTION ONE: AMERICAN CANYON’S COMMUNITY VISION, MISSION, AND VALUES The Community’s Vision, Mission and Values listed below were by the City Council in 2013, after two years of community engagement. The Council reconfirmed the Mission, Vision and Values in 2022 and 2023. The Community will change as it grows, and every 5-10 years, the City Council should re-examine the Vision, Mission and Values. .
Our Vision. The Vision Statement expresses future desire. It reflects what the Community wants to become. This Vision drives the work the City does, guides how business is done, and informs the priorities pursued.
Our Mission The Mission Statement expresses the purpose of the primary organization supporting the Community’s Vision, namely the City of American Canyon. It fundamentally defines what the organization stands for and what we do. 91 Our Values. The following value express how the Community expects to be served by the City of American Canyon:.
Creativity and Innovation. We encourage creative thinking and embrace innovative solutions to stay ahead in a dynamic environment. Our culture of innovation drives us to explore new possibilities and improve our services continually.
Collaboration and Teamwork. We believe in the power of working together. By fostering a collaborative environment, we leverage diverse perspectives and talents to achieve our goals and deliver exceptional results.
Leadership. We lead by example, inspiring others through our actions and decisions. Our leadership is characterized by vision, courage, and a commitment to doing what is right.
Community Engagement. We actively engage with our community, building strong relationships and contributing positively to society. Our community involvement reflects our dedication to social responsibility and collective progress.
Results Oriented. We focus on delivering tangible results that drive success. Our approach is disciplined and goal-driven, ensuring that we achieve our objectives efficiently and effectively. 92 SECTION TWO: COUNCIL MEMBER CODE OF CONDUCT
Code of Conduct
To promote equitable, principled, and responsible governance at the local level, the City of American Canyon adopts the following Code of Conduct for Council Members:
1) Comply with the Law - Council Members shall adhere to the legal requirements of the United States of America, the State of California, and the City of American Canyon while carrying out their official responsibilities. These requirements encompass, among other things, the United States and California Constitutions, laws and regulations pertaining to conflicts of interest, election campaigns, financial disclosures, employer obligations, and transparent government processes as well as city ordinances and policies. Members shall comply with both the explicit rules and the underlying principles of governmental operations. 2) Act in the Public Interest - The foremost responsibility of individuals representing American Canyon is the public interest. Council Members shall prioritize the collective welfare of the community over any personal or private concerns. They will ensure equitable and impartial treatment for all individuals, claims, and matters presented to the City Council. 3) Personal Conduct - Council Members must maintain the highest standards of professional and personal conduct, steering clear of any actions that might be seen as improper. They should abstain from engaging in abusive behavior, making personal accusations, or launching verbal assaults on the character or intentions of fellow Members, staff, or the public. As esteemed community representatives, Members are expected to exhibit a personal and professional demeanor that enhances the reputation of the legislative body and reflects positively on the entire City. Public office shall be used for the betterment of the community, rather than personal enrichment.
4) Respect for Process - Council Members will perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions by City staff. The Council acts as a collaborative decision-making body. Once the Council, acting as a body, has reached a decision, individual Members will respect and support the collective decision, regardless of their individual vote on the matter. 5) Conduct During Public Meetings - Council Members are prepared, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
Members shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. Public discussions and procedures shall be conducted transparently in an atmosphere of respect and courtesy. Members shall keep an open mind and consider all 93 written and public testimony first, before making a decision. 6) Ethics Training - Council Members shall participate in ethics training promptly after assuming office and periodic thereafter as prescribed by law. Members shall provide certificate of attendance to the City Clerk.
7) Policy Role of Council - Council Members will respect and adhere to the Council-Manager form of government. The City Council determines City policies with the advice, information, and analysis provided by the public, boards, commissions, committees and staff. Members will not interfere with the administrative functions of the City or the professional duties of City staff, nor use their position to unduly influence the deliberations or outcomes of board, commission, and committee proceedings.
8) Independence of Boards, Commissions and Committees - Preserving the autonomy of boards, commissions, and committees in providing unbiased advice during the public decision-making process is essential. Council Members shall refrain from using their positions to inappropriately sway the deliberations or outcomes of board, commission, and committee proceedings and shall exhibit independence, impartiality, and fairness in their decisions and behaviors.
9) Positive Work-Place Environment - Council Members will support the maintenance of a positive and constructive work-place environment for City employees and for citizens and businesses dealing with the City. Members recognize their unique role a n d refrain from creating the perception of inappropriate direction to staff. 10) Staff Relations - All requests of City staff should be directed to the City Manager. All concerns or complaints regarding staff should be directed to the City Manager, unless the complaint relates to the City Manager. In this instance, the concern should be directed to the City Attorney for investigation
11) Religious Invocations - Religious invocations are allowable. Religious displays and religious speech (including prayer) by the Council or individual Council Members during Council Meeting are prohibited.
12) Conflict of Interest - Council Members shall refrain from acting upon conflicts of interest and in manner prescribed by law, which generally requires Members:
a) Disclose their financial investments, real property holdings, income sources, and gifts. b) Refrain from leveraging their official positions to influence decisions involving financial interests or personal relationships.
c) Not accept any gift, grant or contract contingent upon a specific action by the City Council. d) Refrain investment or monetary interest in any contract with the City. 94 e) Seek advice from the City Manager and/or the City Attorney prior to any conduct that may be consistent with this provision.
13) Incompatible Employment - Council Members are prohibited for any private employment, or render services for private interest, when such employment or service is incompatible with proper discharge of their official duties or would tend to impair their independence of judgment or action in the performance of those duties.
14) Disclosure of Confidential Information - Council Members are prohibited from disclosing confidential information nor shall they use such information to advance their financial interests.
15) Ex-Parte Communications - Council Members are expected to openly disclose substantive and pertinent information - including all ex-parte communications - they may have acquired from external sources unrelated to the public decision-making process. 16) Political Participation and Advocacy - Council Members may engage in political activities.
However, if a Member chooses to adopts a stance on a political matter, they must proactively ensure the public is aware of the clear differentiation between their personal opinions and the City Council's positions. While Members may their title while engaging in political activities, they must explicitly state that they are not representing the City nor the Council.
Moreover, Members will publicly respect and support collective City Council decisions, regardless of their individual vote or individual political stance on the matter. Members shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose.
17) Use of Public Resources - Members are prohibited from utilizing public resources, such as City staff time, equipment, supplies, or facilities, for personal or political gain, or to support campaign activities for candidates or ballot measures, unless those resources are available to the public. Moreover, they are not permitted to use the City's name or logo to endorse any political candidate or business.
Implementation, Compliance and Enforcement
The Code of Conduct outlines standards of ethical conduct expected for Council Members and is intended to be self-enforcing. Members are expected to have a thorough understanding of it and adhere to its provisions. Members bear the primary responsibility for ensuring these ethical standards are understood and upheld. The Code of Conduct will be integrated into the standard orientations for City Council candidates, applicants seeking positions on boards, commissions, and committees, as well as newly elected and appointed officials. 95 The Mayor, in consultation with the City Manager and City Attorney, will be responsible for addressing a Council Member who violates the Code of Conduct. The Vice Mayor will be responsible for confronting the Mayor in the event of a violation of any of the above provisions.
If an informal discussion does not resolve the issue, a more formal approach may be considered.
Any Council Member may seek to have another Member censured at a regular City Council meeting. The Council may impose sanctions on a Member(s) whose conduct does not comply with the Code and Protocols, such as reprimand, formal censure, loss of seniority, or committee assignment. Prior to the imposition of any sanctions the Council shall follow applicable due process procedures with respect to the affected Member.
Statement Of Acknowledgement
Members of American Canyon legislative bodies shall sign a Statement of Commitment, agreeing to uphold the Code of Conduct
________________________________________________________________________ Name, Position Date
96 SECTION THREE: CITY COUNCIL GOVERNANCE
Effective organizations are proactive and anticipate issues before they escalate into crises.
Organizational leaders must understand the hierarchical nature of the "Big Picture." The City Council's primary role is to understand the Community’s vision for the future and develop goals and strategies to achieve it. In this capacity, the City Council should rely on the technical expertise of staff and the input of the community.
Goals, Strategies and Key Initiatives
Goals. Setting goals are a primary City Council role as they represent actionable expressions in support of Community’s Vision, Mission and Values. The Council has the following goals:
Public Safety. Ensure that American Canyon remains a safe community.
Community and Sense of Place. Build on the strength of our local community to develop a clear sense of place and establish our unique identity.
Economic Development and Vitality. Attract and expand diverse business and employment opportunities.
Outdoors and Recreation. Expand opportunities for use of outdoor recreation and an active lifestyle.
Transportation. Improve the City’s transportation network to mitigate traffic and enhance the quality of life for the community.
Infrastructure. Develop and upgrade infrastructure resources to support sustainable growth.
Quality Services & Organizational Effectiveness. Deliver exemplary government.
Environmental Sustainability. Demonstrate leadership in environmental sustainability. 97 The image below expresses the hierarchy between the Community’s Vision, Mission, Values, the Council’s Goals and Strategies and the Key Initiatives and day-to-day Tasks undertaken by staff.
Strategies – Strategies are concrete ideas to support the Council’s Goals. Strategies are not measurable and do not have a finite conclusion, but should have a 3 to 5-year horizon. Each goal should have between 2 and 5 strategies. Strategy development is coordinated between the Council and staff.
Key Initiatives - Key Initiatives are specific actions achievable within a 12-to-24-month timeframe.
They have an identifiable start and finish, and in some instances, may be led by 3rd parties. Staff proposes a set of initiatives as part of recurring process each year, and then tracks their implementation throughout the year, reporting back to Council as necessary.
For example, the interplay of this hierarchy as it pertains to the issue of “traffic congestion” can be expressed as follows:
“The community believes the highway is a hub of opportunity for new business, so the City engages and collaborates with regional partners to make improvements that will alleviate traffic congestion. The phrase “fix traffic” is not a goal nor strategy. Instead, a mid-term strategy to “Improve traffic flow along Highway 29” is identified, and then shorter-term Key Initiative such as “Complete the Hwy 29 Multi-Modal Operation Improvement Project” is identified. Although this initiative is fairly complex and led by a 3rd-party (Napa Valley Transportation Authority), staff still identifies and monitors progress on milestones (for 98 example in 2024, the milestone is for the NVTA to hire a consultant to initiate the “Project Approval Environmental Document” phase).”
Prioritization - Resources will always be limited, so setting priorities is essential. The Council should solicit input from the public and staff in determining these priorities. Once priorities are set, the Council should adopt a budget with sufficient staffing and resources. Lower-priorities can be deferred until later or when additional resources become available. This process ensures that priorities are more likely to be accomplished and helps avoid overloading staff with too many priorities. If a more critical issue arises, the Council can adjust its priorities and timelines accordingly.
Establishing policies and setting priorities for the various services and functions of the city is often considered the main job of the City Council. This can be the most demanding task, as there are never enough funds to achieve everything desired. In making these decisions, the most important elements the City Council needs are options. Staff are expected to provide analysis and options for the City Council to deliberate. Soliciting input from the community and stakeholders is critical in ensuring that community values are integrated into the decision-making process. Opportunity costs must also be considered when evaluating options, as spending on one priority means less spending on another.
One effective method to develop priorities is for the Council to meet with staff to review the previous year's progress, adjust priorities as needed, and to improve working relationships between Council Members and between the Council and staff. Part of this strategic planning should involve identifying the milestones of key initiatives in the upcoming year and a schedule to review their progress more frequently.
Organizational Values
The following Organizational Values are an expression of how the City Council expects the City will conduct business.
Leadership and Service. Leadership and service are traditional roles of any elected body.
Community service and staying engaged with the public are critical elements. Symbolic gestures, such as proclamations or attendance at annual events, are important parts of the job. Equally important is leading by example. The public's perception of city government is often a reflection of its elected officials; Council Members need to reflect this in their actions and statements.
Accountability and Oversight. We operate with openness, providing clear and honest communication. We hold ourselves accountable for our actions, ensuring that our stakeholders can trust our processes and outcomes. Accountability ensures success, rather than punishes failure. The City Council sets standards and deadlines, define “success”, and holds staff accountable for achieving those standards and deadlines. Regular “status reports” are critical to track progress and develop strategies to correct any shortcomings. Effective oversight requires a strong understanding of city services and the issues surrounding their delivery. Council Members 99 are expected to learn as much as they can about city programs and receive at least an annual report from various City Departments. Oversight also involves the use of outside experts. These technical experts can serve as a "second set of eyes" and may be effective in evaluating large capital projects, potential legal conflicts, and other circumstances as warranted. Tra Ethical and Fiduciary Responsibilities - Ethical standards go beyond mere compliance with the law. The City Council conducts itself in a manner above reproach. Additionally, the Council must recognize its financial responsibility to the community. Residents, visitors, and businesses pay taxes and fees, often without the right to decline; therefore, ensuring that these funds are spent in the most efficient, productive, and equitable manner possible is one of the Council's main responsibilities. We manage our resources wisely to ensure long-term financial stability and sustainability. Our decisions are driven by careful planning and prudent management to achieve optimal outcomes for our stakeholders.
Professional Excellence. We strive for the highest standards in our work, continuously improving our skills and knowledge. Our commitment to excellence ensures that we deliver superior results in every endeavor.
Customer Focus. Our customers are at the heart of everything we do. We are dedicated to understanding their needs and exceeding their expectations through exceptional service and innovative solutions.
Integrity. We conduct our business with the utmost honesty and ethical standards. Integrity guides our decisions and actions, fostering trust and respect with our clients, partners, and community.
Roles and Responsibilities
Mayor - The Mayor is directly elected by the voters to serve as the head of the City Council. The Mayor chairs the Council meetings, is involved in setting the agenda with the city manager, and often acts as the ceremonial leader of the community. Additionally, the mayor may take on a leadership role beyond ceremonial duties, such as delivering an annual State of the City address, outlining the city's priorities for the upcoming year. In this capacity, the mayor should collaborate with the rest of Council to set these priorities.
Vice-Mayor - The Vice-Mayor is selected by the rest of the City Council and generally serves for a 12-month period. The Vice-Mayor's primary role is to fulfill the duties of the Mayor in their absence. The Vice-Mayor is responsible for scheduling regular performance reviews of the City Manager and other officials reporting directly to the Council.
Council Standing Committees - Standing Committees are comprised of two (2) Council Members who make specific recommendations to the City Council. Committee Members are responsible for reporting their ongoing activities during Council meetings. Standing Committee meetings are 100
coordinated by the City Manager and may be called by either Member assigned to the committee. The City Manager assigns staff to support Standing Committees. Standing Committees are subject to public meeting requirements.
Council Ad Hoc Committees – Ad Hoc Committees are comprised of two (2) Council Members who make specific recommendations to the City Council. Ad Hoc Committees are formed by the Council on “as needed” basis with a clearly defined purpose and term. Ad Hoc Committees are single-purpose, and meetings are held as needed. Once the Ad Hoc Committees has completed its work, it is disbanded. Committee Members are responsible for reporting their activities during Council meetings. Ad Hoc Committee meetings are coordinated by the City Manager and may be called by either Member assigned to the committee. The City Manager assigns staff to support Ad Hoc Committees. Ad-Hoc Committees are not subject to public meeting requirements.
City Council and Citizen Advisory Bodies - The City Council may appoint one or “citizen advisory bodies”. These boards, commissions and committee exist to help distribute the workload that would otherwise fall to the Council. They are advisory to the City Council, which should rely on these bodies to study matters within their purview and make recommendations. Staff provide administrative and technical support to these bodies as needed. The City Manager will schedule regular “joint meetings” between the Council and these bodies to focus on broad policy issues, work plans, and working relationships. The City Clerk will solicit candidates for these bodies. Who will be screened by the City Council. Individuals selected on these bodies serve at the Council's pleasure, and may be removed at anytime for any reason – including but not limited to - violations of the Code and Protocols.
City Council and the General Public - The City Council represents the best interests of the public, requiring active and engaged participation in the community. This also means Council actions may sometimes be unpopular, particularly regarding fiscal matters or land use decisions. The Council must provide a clear and consistent rationale for its decisions, ensure transparency in its actions and the data relied upon, and offer ample opportunity for public debate.
City Council and Outside Jurisdictions/Agencies - Council Members serve on several outside agencies, generally commissions or committees that are countywide in nature. In these cases, Members are expected to represent the best interests of the community as expressed by the City Council, not their own self-interests. Members are expected to attend all meetings and are responsible for reporting on the actions of the outside bodies on which they serve. Depending on the issue, a Council Member may request that a topic be scheduled for the full Council to consider. City Council's goal is to establish positive and cooperative relationships with other jurisdictions. Either individually or collectively, the Council should be involved in regional bodies and organizations such as the Association of Bay Area Governments (ABAG) and the League of California Cities (CalCities).
City Council and Staff - The City Council's direction is achieved through staff actions. While the Council sets policy and staff administer it, the distinction can often blur. For example, the Council relies on staff for policy analysis and alternatives; the quality of this analysis influences the 101
Council deliberation and action. Similarly, the Council needs a basic understanding of how city services and programs are implemented to provide proper oversight and ensure policy implementation. It is important to remember staff works for the City Manager. It Is not appropriate for Members to direct staff or to become involved in the administrative or operational concerns of the city. While staff can provide routine information on ongoing projects, a request to the City Manager must be made for staff involvement in major projects.
Key City Officials
City Manager. The City Manager is the Chief Executive Officer of the City, responsible for overseeing the day-to-day operations and implementing the policies set by the City Council. The City Manager acts as a bridge between the Council and staff, ensuring Council directives are effectively executed and that City services run smoothly. Key responsibilities include:
Administration of City Departments: The City Manager supervises all city departments and staff, ensuring that they operate efficiently and deliver services effectively. This involves managing budgets, overseeing personnel, and coordinating activities across different departments.
Policy Implementation: The City Manager translates the policies and goals established by the City Council into actionable plans. This includes preparing detailed reports, recommending policy initiatives, and ensuring that council decisions are executed in accordance with legal and procedural requirements.
Budget Preparation and Management: The City Manager is responsible for preparing the city’s budget, working with finance staff to develop a financial plan that reflects the priorities of the City Council. This includes monitoring expenditures, ensuring fiscal responsibility, and making recommendations for budget adjustments as needed.
Advisory Role: The City Manager provides the City Council with expert advice and information to aid in decision-making. This involves conducting research, analyzing data, and offering recommendations on a wide range of issues affecting the city.
Community Relations: Acting as a representative of the city, the City Manager engages with residents, businesses, and other stakeholders to address concerns, provide information, and foster positive relationships within the community.
Crisis Management: In times of emergency or crisis, the City Manager plays a key role in coordinating response efforts, managing resources, and communicating with the public and other agencies to ensure effective and timely resolution.
Overall, the City Manager's role is integral to the efficient operation of the City government, balancing administrative duties with the implementation of the City Council’s vision and maintaining effective governance in American Canyon.
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City Attorney. The City Attorney provides legal counsel and representation for the C ity government. This position is essential for ensuring that the city’s operations and policies comply with legal standards and that the city is protected from legal risks. Key responsibilities include:
Legal Advice and Counsel: The City Attorney provides legal guidance to the City Council, City Manager, and various city departments on a wide range of issues such as municipal regulations, contracts, land use, and employment matters, ensuring that the City’s actions and decisions adhere to the law.
Drafting and Reviewing Legal Documents: The City Attorney is responsible for drafting and reviewing legal documents, including ordinances, resolutions, contracts, and agreements. This ensures that these documents are legally sound and protect the city’s interests.
Representation in Legal Matters: The City Attorney represents the City in legal proceedings, including lawsuits and administrative hearings. This involves preparing legal arguments, presenting cases, and negotiating settlements to safeguard the City’s legal and financial interests.
Compliance and Risk Management: The City Attorney helps the City comply with federal, state, and local laws, regulations, and ordinances. They also identify and mitigate potential legal risks, providing advice on how to avoid or address legal issues that may arise.
Training and Education: The City Attorney provides training and educational sessions to city officials and staff on legal issues relevant to their roles. This helps ensure that city employees are aware of legal requirements and best practices.
Public Records and Transparency: The City Attorney works with the City Clerk to ensure compliance with public records laws and transparency requirements, helping the city manage requests for public records and maintain open communication with the public.
Ethics and Conduct: The City Attorney provides guidance on ethical issues and conduct standards, helping to maintain integrity within city operations and addressing any allegations of misconduct.
Performance Evaluations
Annual Review – The City Council reviews the performance of all City Officials reporting to the Council (City Manager and City Attorney) annually. Regular "check-ins" should also be scheduled to ensure ongoing performance and alignment with goals. The review process should evolve over time, reflecting the incumbent's experience in their position. Initial reviews aim to confirm that the employee possesses the necessary skills, knowledge, and abilities. Subsequent reviews should focus on the accomplishment of projects and priorities set during the previous review.
The performance review process begins with a written review which is presented to the employee, followed by a general discussion between the Council and the City Official. 103
Review Documents - A review document that ranks specific attributes based on general categories should be used. This document will include an overall ranking and space for comments, allowing the Council Members to provide examples supporting their rankings. Each Member will complete their own review, which will then be consolidated and presented to the employee.
Compensation-Based Reviews - The annual review should serve as the basis for determining the employee's compensation. Salary increases will be based on the employees’ success in achieving their goals.
Relationship Between Protocols and Employment Contracts - Employees covered by an employment contract will follow these guidelines. However, if a conflict arises between the employment contract and these guidelines, the terms of the contract will prevail. 104
SECTION FOUR: MEETINGS
State law requires the City Council to conduct business and make decisions together as a group, rather than as individuals. Generally, the group is required to meet in a manner that is “open to public” instead of “behind closed doors”. These “Public Meeting” requirements generally apply to citizen advisory bodies too, regardless of whether they are decision-making or advisory in nature.
What is a “Public Meeting”?
When a majority of the Council gathers together to hear, discuss or deliberate topics, a “meeting” occurs – regardless of whether the Members intended upon having a meeting. The Council may only conduct lawful meetings and to be lawful, a meeting must be noticed, have an agenda, include public participation, and follow other procedural rules.
Importantly, meetings need not occur at the same time or place. For example, a private email from one Council Member to the entire Council might (inadvertently) become a “meeting” if two other Members respond at a later time and date. However, since the procedural rules about notice and participation cannot be followed, this (email) meeting would not be lawful. This standard applies for all scenarios by which a majority of Members uses any communication technology (telephone, text message, e-mail, blog, social media, etc.) to hear, discuss or deliberate topics within the Council’s purview.
In addition, interaction between individual Council Members can (inadvertently) become meetings too. For example, a private email exchange from one Council Member to another could later become a meeting if one of the Council Members then forwards the email exchange a 3rd Council Member, who then initiates a response an exchange back with that Council Member. In this case, a “serial meeting” can occur. Serial meetings are unlawful because there is no way to notice such meetings or to provide for public participation.
Something as simple as pressing "Reply All" to an email sent by city staff to all Members can inadvertently trigger such a serial meeting violation. For example, if your "Reply All" message tries to convince other Members to join your point of view on an issue could become unlawful because Members are considering an issue outside of the public's view.
State law also prohibits Members from using social media platforms to hold meetings. You may not respond to another Member’s social media posts regarding items in Council, which prohibition includes even a thumbs up or emoji indicating agreement or disagreement.
Although Members may attend a purely social gathering or attend conferences or seminars, they must take care not discuss city business among themselves.
Persons with matters pending before Council may approach individual Members to discuss matters in private. It is up that Members sole discretion whether to honor the request, but 105
Members must remember they are acting in an official capacity if they do and must disclose the occurrence all private discussions to ensure the Council has access to all resulting information.
There are civil remedies and criminal misdemeanor penalties for violations of the Brown Act. The civil remedies include injunctions against further violations, orders nullifying any unlawful action and orders determining the validity of any rule to penalize or discourage the expression of a Member. Criminal penalties may result if a person is found guilty of a wrongful deliberate intent to deprive the public of information to which it is entitled under the Brown Act.
The most effective approach to prevent these penalties is to hold the Council’s meetings in a public forum, stick to the agenda items, and consult the City Attorney, City Manager or City Clerk if you have any uncertainties regarding whether an action might violate the Brown Act.
City Council Meetings
The purpose of Council Meetings is to conduct City business. Matters not on the Agenda are not discussed. Council Members prepare for Council Meetings by reviewing the entire Agenda Packet and informing the City Manager of any questions, comments or concerns prior to the Council Meeting. While Council Meetings follow parliamentary procedures, they also maintain a natural, respectful flow, allowing for public input and reasonable deliberations.
Regular City Council Meetings. Regular meetings are held on the first (1st) and third (3r) Tuesdays of the month. Closed Session starts at 5:30 PM, with Open Session beginning at 6:30 PM.
Meetings are adjourned by 10:00 PM unless extended by a majority vote.
Special City Council Meetings. Special meetings may be held at any date or time following a 24- hour notice by the Mayor or a majority of Council Members. Only the matters in the notice may be considered.
Meeting Calendar. A calendar of next year’s Regular Council Meetings is adopted by the City Council at the end of each calendar year. Additional Special Council Meetings may be scheduled as needed throughout the year.
Attendance. Council Members are expected to attend all Regular and Special Council Meetings.
Attendance is defined as being marked “present” during Roll Call and remaining present until the Council Meeting is adjourned. Members who do not attend a Council Meeting are deemed “absent”. The City Clerk is responsible for tracking Council Member attendance.
Excused Absences. To be eligible for an “Excused Absence” from a Regular City Council Meeting, the requesting Council Member must notify the Mayor and City Manager at least 24 hours prior to Roll Call. To be eligible for an “Excused Absence” from a Special City Council Meeting, the requesting Member must notify the Mayor and City Manager prior to Roll Call. Assuming requisite prior notification occurs, the Mayor shall grant an Excused Absence without further inquiry. However, the Mayor may not grant more than four (4) Excused Absences per calendar 106
year (per Member). After the fourth Excused Absence, the City Council must determine whether reasonable circumstances exist to grant any Member a fifth (5th) (or more) Excused Absence.
Upon being granted an Excused Absence, the requesting Member will be compensated in the usual manner provided they have been briefed by the Mayor or City Manager on the matters discussed during the Excused Absence.
Unexcused Absences. Council Members who do not attend a Council Meeting or fail to provide the requires notice are deemed to be “Unexcused”. Council Members are ineligible for compensation after three (3) or more Unexcused Absence in any calendar year. In addition to withholding compensation after three (3) or more Unexcused Absences, the Member may also be sanctioned by the City Council for violation of the Code and Protocols.
Teleconferencing. Council Members are expected to attend all Regular and Special Council Meetings in person. Notwithstanding this expectation, there may be instances where a Member chooses to attend a Council Meeting remotely by phone or video conference (ie. “teleconferencing”). Attending a Council Meeting remotely can impose a burden on staff and the City Council. Instances of teleconferencing are expected to be limited and a Member’s desire to attend planned out well in advance of the meeting. Procedures for remote Council Meeting attendance are prescribed by State law and it is the remote-attending Member’s responsibility to ensure compliance with State law.
Quorum. A Council majority constitutes a quorum, with motions passed 2-1 if only three Members attend. However, certain actions, such as adopting ordinances and approving payment orders, require three affirmative votes. If a majority is disqualified due to conflicts of interest, the Council selects Members by lot or other impartial means to form a quorum.
Participation and Voting Required. A Member in attendance at a City Council meeting is required to participate in each agenda item and then vote when called upon by the City Clerk. If the Member believes they have a disqualifying conflict of interest, they must publicly explain the nature of their conflict and then remove themselves from the Council Chambers prior to the item being considered so they will be considered to have abstained from voting. A detailed list of disqualifying conflicts of interest is shown in the Appendix. Importantly, having to make a difficult or unpopular decision is not a disqualifying conflict of interest or basis for abstention.
Rule of Necessity (“Legally Required Participation”). If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified Members which, when added to the Members eligible to vote, shall constitute a quorum. Those Members may vote but not discuss.
Minutes. “Action minutes” prepared by the City Clerk’s Office represent the official summary of the Council’s actions. Video recordings supplement the minutes. Council may direct additional specificity be included in the minutes to avoid misunderstandings and ensure the direction is 107
implemented.
Agenda-Setting Process. The City Clerk maintains a twelve-month rolling calendar of future agenda items of which the City Manager is generally responsible coordinating and assigning the respective dates for those items. . This calendar is available for review by Council Members by request of the City Manager. Each Council Meeting Agenda also includes a list of notable future items.
Council-Requested Items. Members may request future agenda items. This first should be requested informally through consultation with the City Manager and then if necessary, based on formal consensus of the Council.
Agenda Packet Preparation & Delivery. The agenda contains topics for consideration. The City Clerk, in consultation with staff, prepares a “packet” of information containing all the supporting documents for each agenda item (Agenda Packet). The Agenda Packet is delivered electronically to Members no later than 5:00 p.m. on Friday preceding the Tuesday meeting to which it pertains. The Agenda Packet is only provided in an electronic format. Once the Agenda Packet is distributed to the Members, it is made available to the public.
Agenda Posting. The City Clerk is responsible for posting regular meeting agendas at least 72 hours prior to the meeting. Agendas shall be physically posted on the bulletin board outside of City Hall and electronically posted at the Virtual City Hall. Agendas are also electronically delivered to those who have registered to receive them.
Agenda Order. The Mayor conducts the meeting in the order shown on the agenda or otherwise modified by the Council.
Meeting Decorum. To ensure proper decorum, the City Council enforces measures to minimize interruptions, such as requiring cellular phones and pagers to be turned off or set to vibrate.
Public input is time-limited and should occur prior to Council Member comment or deliberation.
Council Members are encouraged to be concise in their remarks. While at a City Council meeting, be mindful of electronic devices, such as smart phones, laptops and tablets. Do not use such devices to communicate with other Members, commissioners, Members of the public, or undertake ad hoc research while the Council is considering a matter. Doing so results in parts of the decision-making process occurring outside of the public's view (and implies due process concerns for some Council decisions).
Parliamentary Procedure. The Council follows Rosenberg’s Rules of Order. The purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
The Rules should be clear and user-feidnly. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. So, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. Also, the Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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Closed Session
All Council Meetings are open to the public. However, the Council may hold “closed sessions”, from which the public may be excluded. Topics that may be discussed are limited the following:
personnel matters, property negotiations, labor negotiations, existing litigation, anticipated litigation and any other topics allowed by law.
Closed Session attendees consist of the City Manager, City Attorney, City Council and any other person deemed necessary by the participants to further the discussion of the items for consideration. Each Closed Session participant must independently determine for themselves whether their participation in Closed Session is appropriate or lawful, and reliance upon the City Attorney’s advice is insufficient justification.
Call to Order. he Mayor (or Vice-Mayor) calls the Closed Session to order at the appointed time.
In the absence of both, the meeting shall be called to order by the City Manager and those Council Members present shall proceed to select a “temporary presiding officer”.
Roll Call. Immediately after Call to Order, the City Clerk conducts a “roll call” of the Members present whose names that are recorded as “present” (i.e. in attendance.).
Public Comments. This time is reserved for the public to address the City Council on Closed Session items only. Comments must be made in person and are limited to 3 minutes. The City Clerk physically departs from the Closed Session at the conclusion of Public Comment.
Personnel Matters. The Council may consider the appointment, employment, or dismissal of a public employee or to hear complaints or charges brought against such a person or employee.
The Council may also review the performance of City Officials reporting directly to the Council Property Negotiations. The Council may meet discuss the terms and conditions under which real property may be acquired or sold but the actual purchase agreement or contract must be approved in an open session.
Labor Negotiations. The Council may discuss the terms and conditions for meeting the City’s obligations of negotiating in good faith with represented employees regarding wages, benefits, and working conditions.
Existing Litigation. The Council may discuss existing legal matters to which the City is an actual party.
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Anticipated Litigation. The Council may discuss legal matters in which the City could become a party; however this exception must be narrowly construed to apply only to matters with specific facts and circumstances.
Threats Against the City. The Council may discuss threats threat to the security of public buildings, essential public services - including water, drinking water, wastewater treatment, natural gas service, and electric service - or a threat to the public's right of access to public services or facilities.
Confidentiality. Matters discussed in Closed Session shall not be discussed outside of the Closed Session by the Council or Council Members. Members who violate this policy are subject to sanctions by the Council. Sanctions may include, but are not limited to, removal of the Council Member from other boards and commissions where the Member represents the City. This policy ensures that the City Council conducts sensitive discussions appropriately while maintaining transparency and accountability to the public where required.
Open Session
Call to Order. The Mayor (or Vice-Mayor) calls the meeting to order at the appointed time. In the absence of both, the meeting shall be called to order by the City Manager and those Council Members present shall proceed to select a “temporary presiding officer”.
Pledge of Allegiance. The Mayor leads the Pledge of Allegiance.
Open Session Roll Call. Immediately after the Pledge, the City Clerk conducts a “roll call” of the Members present whose names that are recorded as “present” (i.e. in attendance.) Report on Closed Session/Confirmation of Reportable Action. The City Attorney announces any reportable action taken by City Council during Closed Session.
Proclamations. The Council issue proclamations to recognize, honor and/or celebrate various community interests. The Council generally takes a photo with recipients immediately after presenting the proclamation. A calendar of next year’s Proclamations is adopted by the City Council at the end of each calendar year. Additional Proclamations may be scheduled as needed throughout the year.
Presentations. The Council receives pertinent information from 3rd parties generally related to area of interest.
Public Comments. City Council meetings are a limited public forum. Any person may address the Council on any subject pertaining to city business, and which is not listed on the regular or closed 110
session agendas. Generally, each person will be allowed up to three (3) minutes of time to address the Council. One two-minute extension may be granted by the mayor at their discretion.
American Canyon promotes respectful and responsible behavior among its meeting participants, whether they are present in person or remotely. Using offensive language or remarks that promote, foster, or perpetuate discrimination based on race, creed, color, age, religion, gender marital status, status regarding public assistance, national origin, physical or mental disability or sexual orientation/gender Identification, as well as any other category protected by federal, state or local laws will not be tolerated. In the case of offensive language or remarks and in the sole discretion of the Mayor, a speaker may immediately disconnected from the microphone.
Agenda Review and Changes. The Council may vote to modify the order of the agenda, to expedite the business of the City or to accommodate Members of the audience.
Consent Calendar. Items of a routine or non-controversial nature shall be placed on the Consent Calendar. A brief description of the item and/or the action to be taken shall be included to provide a better understanding of the issue. Item on the Consent Calendar are approved a group, with single motion, second and vote. Typical items include:
Prior meeting minutes.
Monthly or informational reports.
Purchases or awards of contracts of an insignificant amount already budgeted. Actions approved in concept at a prior meeting.
Public Hearings - Public hearings will follow the noticing requirements as stipulated by applicable law. Public hearings are conducted in the following order:
1. Council Member Ex Parte disclosure
2. Staff review
3. Questions of staff by Council
4. Hearing opened by the mayor
5. Testimony from the applicant (if appropriate)
6. Testimony from the public
7. If desired, hearing closed.
8. Discussion by Council
9. Council action
Quasi-judicial hearings (such as when the Council is considering an appeal of a land use decision by the Planning Commission) shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard.
At any public hearing before the City Council, testimony of witnesses under oath may be requested by the Council.
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Business Items - Business items will be introduced and summarized by the city staff. The appropriate departmental representative will be available to answer questions that may be asked by Members or the public. Business items are conducted in the following order:
1. Staff review
2. Questions of Staff by Council
3. Testimony from the Applicant (if appropriate)
4. Public comment period is opened.
5. When finished, public comment period is closed.
6. Discussion by Council
7. Action by Council by roll call vote
Management and Staff Oral Reports - Informational reports by staff not requiring formal action.
Mayor/Council Comments and Committee Reports - Members are encouraged to submit a written report to the City Clerk for inclusion in the meeting packet. Alternatively, an oral update can be provided at this time.
Future Agenda Items - Future agenda items are reviewed. New items are proposed by City Council through a motion and affirmative vote by the Council majority. 112
SECTION FIVE: COMPENSATION
Salary. Council Members receive a salary as stipulated by State law which may be adjusted from time to time by the Legislature. Currently, the salary amount is $315 per month. However, effective November 6, 2024, Members will receive a salary of $950 per month.
Cost of Living Increase. Effective the first full pay period in January 2025, and annually each January thereafter, Council Members will receive a minimum 5% cost-of-living increase plus an amount equivalent to the California Consumer Price Index of the prior 12 months up to maximum of 10%.
Payment Schedule. Council Members are paid twenty-six (26) times per year.
Additional Payment: Council Members sit defacto as the American Canyon Fire Protection District Board of Directors (Fire District) and receive compensation separately and directly from the Fire District. Although Members will consider matters related to the former American Canyon County Water District ("Water District") from time to time, they will receive no additional compensation.
Retirement and Medical Benefit: Council Members are covered under the City’s PERS retirement program, which includes medical coverage. If a Member is vested in the City’s retirement program, they will be eligible for retiree medical insurance benefits.
Dental and Vision: Council Members are eligible for the same dental and vision care coverage and benefits as the Management Team.
Deferred Compensation and Equipment Loan Programs: Council Members are eligible to participate in the City’s Section 457 Deferred Compensation program and the city’s Computer Equipment Loan program.
Vehicle Stipend. Council Members are eligible to receive an auto stipend.
Telephone Stipend. Council Members are eligible to receive a phone stipend.
No “Cash in Lieu” of Benefits: Council Members are not eligible for "cash-in lieu of" any benefits they have declined.
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SECTION SIX: ADMINISTRATIVE SUPPORT
The City Manager will ensure that routine matters, such as distributing Council mail and providing clerical support, are handled as needed. Customized stationery will be provided for each Council Member, recognizing that individual Members do not represent the full Council. City resources, including funds, equipment (e.g., cell phone, laptop personal computer, small file storage), supplies (including letterhead), and staff time must only be used for authorized City of American Canyon activities and purposes. When in doubt, Council Members should contact the the City Manager for advice before making any commitments.
Master Calendar - A calendar events, functions, and meetings will be maintained and kept current by the City Clerk. This calendar will include functions, events, and regularly scheduled meetings attended by individual Council Members and will be distributed to the full Council.
Request for Information - Council Members may request information or research from the City Manager if the request can be completed in less than an hour. Often, the City Manager will delegate this request to staff. Requests anticipated to take more than one hour should be directed to the City Council during a Council meeting under "Future Council Item." Requests for new information or policy direction will be brought to the full Council at a Regular Meeting for consideration. All written reports will be copied to the full Council.
Tickets to City Events - One ticket for each Council Member will be provided for events hosted by the City or in which the City is a Member . Departments hosting City events will coordinate ticket distribution with the City Manager’s Office. The availability of tickets for events hosted by other organizations will be at the discretion of the organizing agency. When the City is a major sponsor of an event, staff will endeavor to include ticket availability in the sponsorship agreement or contract.
Council Notification of Significant Incidents The City Manager’s Office, in conjunction with the City’s public safety departments, will coordinate notifications to the Council in conjunction with the City Communication Policy. Notifications will occur in the event of a natural disaster, riots, large-scale evacuation, gang activity involving murder, injury and hospitalization of a city employee while on the job, an officer-involved shooting, or a financial issue that could result in controversy or disgrace for the City of American Canyon. This will be done via email and/or telephone.
Business Cards and Name Tags - Members will be issued business cards to be used in the duties and functions of the office. Name tags will be issued to wear during meetings, events, or at any function where Members are representing the City in their role as Council Member. At the conclusion of a term, name tags and unused business cards shall be returned to the City Clerk.
Travel and Training Council Members follow the same policies for as staff for travel for official business or for training and educational purposes is considered. Members are responsible for 114
making their own travel arrangements and accommodation and avoid unnecessary expenditures and negative public perception.
Technology – Each Council Member is provided with a City-issued electronic tablet to facilitate their Council work. The tablet is a valuable tool that will assist Members in staying connected and contribute to the success of their role, and the organization's goals. 115
LIST OF APPENDICES
Public facing communications, Council notifications and Social Media Policy State and Federal Conflict of Interest Laws
Brown Act and Teleconference Meeting Requirements
Public Records Act
List of City Policies
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APPENDIX ABC - EXAMPLE STATE AND FEDERAL LAWS
An Overview of Conflicts of Interest Under the Political Reform Act. The Political Reform Act (the “Act”) (GC § 87100) prohibits a public official at any level of state or local government from making, participating in making, or attempting to use the official’s position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest.
If an official has a “financial interest” within the meaning of (GC § 87100) if it is reasonably foreseeable that the decision will have a material financial effect on one or more of the official’s interests as identified and distinguishable from the decision’s effect on the public generally. (GC § 87103).
Statement of Economic Interest (Form 700 Filers). All persons holding designated positions shall file a statement of economic interest with the city clerk at the times specified in Section 5 of the model code which has been adopted and incorporated by reference in the Municipal Code.
Recognizing Conflicts of Interest. Recognizing Conflicts of Interest – A Guide to the Conflict of Interest Rules of the Political Reform Act is a guide provided by the Fair Political Practices Commission (FPPC) as a general overview of a public official’s obligations under the rules provided for in the Political Reform Act (the Act). It is intended to help the user spot situations and issues that may give rise to a conflict.
Types of Financial Interests that May be the Basis of Conflict. These provisions of the Act prohibit an elected or appointed Member of a legislative body “an official” from taking part in a decision if it is reasonably foreseeable that the decision would have a material financial effect on one or more of the official’s financial interests identified in (GC § 87103) distinguishable from the decision’s effect on the public generally. An Overview of Conflicts of Interest Under the Political Reform Act guide is available from the FPPC.
There are five types of interests that may result in disqualification:
1. Business Investment, Employment or Management. An official has a financial interest in a business entity in which the official, or the official’s spouse, registered domestic partner, or dependent children or an agent has invested $2,000 or more. An official also has a financial interest in a business entity for which the official is a director, officer, partner, trustee, employee, or holds any position of management.
2. Real Property. An official has a financial interest in real property in which the official, or the official’s spouse, registered domestic partner, or dependent children, or an agent has invested $2,000 or more, and also in certain leasehold interests of terms of more than a month (excluding a month-to-month lease and leases for terms of less than a month). 117
3. Sources of Income. An official has a financial interest in anyone, whether an individual or an organization, from whom the official has received (or from whom the official has been promised) $500 or more in income within 12 months prior to the decision. A “source of income” includes a community property interest in the spouse’s or registered domestic partner’s income. Therefore, a person from whom the official’s spouse or registered domestic partner receives income of $1,000 or more, such that the official’s community property share is $500 or more, may also be a source of a conflict of interest. In addition, if the spouse, registered domestic partner or dependent children own 10 percent of more of a business, the official is considered to be receiving “pass-through income” from the business’s clients. In other words, under such circumstances, the business’s clients may be considered sources of income to the official as well.
4. Gifts. An official has a financial interest in anyone, whether an individual or an organization, who has given gifts to the official that total $460 or more within 12 months prior to the decision.
5. Personal Finances. An official has a financial interest in decisions that affect the official’s personal expenses, income, assets, or liabilities, as well as those of the official’s immediate family. This is known as the “personal financial effects” rule.
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Conflict of Interest Code. In compliance with the Political Reform Act of 1974, California, GC §81000, et seq., the city adopted the Fair Political Practices Commission (FPPC) standard Conflict of Interest Code which shall be applicable to all Council Members, officials and designated employees and consultants of the city pursuant to GC §87300.
In compliance with AB 1234 and to maintain their impartiality for the greater public benefit, Members shall refrain from leveraging their official positions to influence government decisions involving significant financial interests or personal relationships that could create a perception of a conflict of interest. In adherence to both legal mandates and FPPC guidelines, Members must disclose their financial investments, real property holdings, income sources, and gifts.
Furthermore, they should abstain from engaging in discussions or making decisions in situations where conflicts of interest might be present.
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SB-1439
Members shall not accept any gift, grant or contract which creates a conflict of financial interest and is given by any person, firm, or corporation which to their knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the City regardless of amount, retainer or compensation that is contingent upon a specific action by the city Council, a city commission or a city agency. No Council Member, official or employee shall have an investment or monetary interest in any contract with the city made by them in their official capacity, or by any board or body of which they are Members except as permitted by (GC §1090, et seq.) Cross-
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Ex-Parte Communications (ACMC 2.40.080) Council Members are expected to openly disclose substantive and pertinent information, which they may have acquired from external sources unrelated to the public decision-making process, in relation to matters being deliberated by the Council or the various boards, commissions, and committees.
No Council Member, official or employee shall encourage, make or accept any ex-parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance their personal or private interests.
The purpose of this provision is to ensure that all interested parties to any matter shall have equal opportunity to express and represent their interests.
Any written ex-parte communication received by a Council Member, official or employee in matters where all interested parties should have an equal opportunity to be heard shall be made a part of the record by the recipient.
Any oral ex-parte communication received under such conditions should be written down in substance by the recipient and be made a part of the record.
A communication concerning only the status of a pending matter shall not be regarded as an exparte communication. (Ord. 92-11 § 8, 1992) 121
Teleconferencing
These procedures are intended to comply with and are governed by the Ralph M. Brown Act, Government Code Section 54950 et seq. (The “Brown Act") Traditional Teleconferencing Rules
The Brown Act’s traditional (pre-COVID) teleconferencing rules are effect and remain an option.
The traditional Brown Act teleconferencing rules for public meetings requires:
a) at least a quorum to meet physically in-person within the City’s boundaries. b) that location available to public to physically attend. c) and that any Member who participates remotely must have the address of their remote location listed on the Agenda and allow in-person public access at that remote location.
Because the traditional rules require listing any Member’s remote location on the agenda and making it available to the public, it is not well equipped for unexpected events arising after the agenda is posted that may necessitate a Member’s remote attendance.
Requirements and Limits of AB 2449
AB 2449 marks a partial move back towards the traditional teleconferencing rules, while still providing a degree of flexibility for remote attendance. AB 2449 adds new teleconferencing procedures that do not require a state of emergency. (GC§ 54953(f)).
AB 2449 requires at least a quorum of Members to participate in person from a single, publicly available location that is identified on the meeting agenda. (GC§ 54953(f)(1)). A Member may no longer participate from a remote location within the City and cannot count as a part of the quorum. If the physical quorum requirement is met, AB 2449 permits any absent Member to attend virtually under two situations: (1) for “just cause;” and, (2) due to "emergency circumstances."
a) Virtual Attendance for “Just Cause”. AB 2449 lists specific grounds that are considered “just cause”:
There is a childcare or caregiving need (for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner) that requires the Member to participate remotely; A contagious illness prevents the Member from attending in person; There is a need related to a defined physical or mental disability that is not otherwise accommodated for; or
Traveling while on official City business or for another state or local agency. (GC§ 54953(j)(2)).
Notification - For “just cause” remote attendance, a Member must:
• notify the legislative/advisory body at the earliest opportunity of the need for remote participation, and
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• provide a general description of the circumstances justifying their virtual attendance. (GC§ 54953(f)(2)(A)(i)). This notification can be made as late as the start of a regular meeting. (Id.)
No Vote or Approval Necessary – The legislative/advisory body does not need to vote on or approve a notification for “just cause” remote attendance. The Member’s remote attendance, however, should be noted on the record and in the meeting minutes.
Limited to two (2) Annual Uses - A Member can only utilize the “just cause” authorization twice per calendar year. (GC§ 54953(f)(2)(A)(i)).
b) Virtual Attendance Due to “Emergency Circumstances”. “Emergency Circumstance” Defined - AB 2449 defines “emergency circumstances” as “a physical or family medical emergency that prevents a Member from attending the meeting in person.” (GC§ 54953(j)(1)).
Timing and Procedure: Unlike remote attendance for “just cause,” remote attendance due to “emergency circumstances” is not granted as a matter of course – instead it requires the remote Member to submit a request and that a vote be conducted by the legislative/advisory body to approve or deny the request. That vote should be conducted at the start of the meeting. (GC§ 54953(f)(2)(A)(ii).
The Member must further provide a general description of the emergency circumstance justifying such attendance. (GC 54953(f)(2)(A)(ii)). However, the Member is not required to disclose any medical diagnosis, disability, or personal medical information. (GC§ 54953 (f)(2)(A)(ii)).
The request to participate remotely must be made “as soon as possible.” (GC§ 54953(f)(2)(A)(ii)(I)). However, if the request does not allow enough time for it to be placed on the agenda, the legislative body may still act on the request. (GC§ 54954.2(b)(4)). If the legislative body votes not to accept the Member’s basis for virtual attendance, then that Member may only participate as a general Member of the public and cannot vote on any agenda item. c) Additional Requirements for Remote Participation under AB 2449. In addition to requiring justification as either “just cause” or an “emergency circumstance” for remote appearance, AB 2449 imposes the following additional requirements:
• Quorum: As stated above, at least a quorum must participate from the same physical location that is available to the public.
• Noted for the Record: The request for remote attendance should be stated on the record at the beginning of each public meeting. Staff should keep a record of how many times each Member has appeared remotely and the grounds for appearing remotely. • Disclosure of other Individuals Present: Before any action is taken during the meeting, the remote Member must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the Member and describe the general nature of the Member’s relationship with any such individuals. 123
• Audio AND Visual Required: The Member participating remotely must participate through both audio and visual technology. That is, appearance by telephone without video is not authorized, and a Member should not turn off their camera during the meeting. • Limited Number of Uses: Each Member’s total remote participation cannot be for more than three (3) consecutive months, nor 20 percent of the regular meetings within a calendar year.
For legislative bodies that have less than 10 regular meetings in a calendar year, a Member cannot participate remotely for more than two (2) meetings. • Each Meeting Treated Separately: A notification (for just cause grounds) or request (for emergency grounds) is required for each meeting a Member remotely attends. That is, a single notification/request cannot be made for multiple meeting dates. • No Resolution Required. Unlike AB 361, which required monthly resolutions of the Council, AB 2449 contains no such requirement.
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The Ralph M. Brown Act (Brown Act) is California's "sunshine" or open meetings law for local government. In a nutshell, it requires local government business to be conducted in open and public meetings. The Brown Act is based upon State policy that the public must be informed so it can keep control over its own government. Open & Public – Brown Act Guide.
Who is Covered?
Legislative bodies are the basic local governmental unit subject to the Brown Act. A legislative body includes a commission or committee, whether the commission or committee is decisionmaking or advisory in nature.
Public Meetings
The Brown Act requires that all Council meetings shall be open to the public. A meeting, generally, occurs when a majority of the legislative body gathers at the same time and in the same place to hear, discuss or deliberate upon anything that is within the subject matter jurisdiction of the legislative body or city. In order to be lawful, a meeting must be noticed, have an agenda and follow other procedural rules.
While at a City Council meeting, be mindful of electronic devices, such as smart phones, laptops and tablets. Do not use such devices to communicate with other Members, commissioners, Members of the public, or undertake ad hoc research while the Council is considering a matter.
Doing so results in parts of the decision-making process occurring outside of the public's view (and implies due process concerns for some Council decisions).
Serial Meetings
These are meetings by which a quorum of Members uses any direct communication or technological device, such as telephone, e-mail, blog, etc., to develop collective concurrence on actions outside of a public meeting. These serial meetings are unlawful because there is no way to notice such meetings or to provide for public participation. Something as simple as pressing "Reply All" to an email sent by city staff to all Members can inadvertently trigger such a serial meeting violation. For example, if your "Reply All" message tries to convince other Members to join your point of view on an issue coming before Council, that is a Brown Act violation because Members are considering an issue outside of the public's view.
State law also prohibits Members from using social media platforms to hold an unnoticed virtual meeting. You may not respond to another Member’s social media posts regarding items in Council, which prohibition includes even a thumbs up or emoji indicating agreement or disagreement.
A majority of Council, however, may attend a purely social gathering or attend conferences or seminars without running afoul of the Brown Act, so long as a majority does not discuss among themselves city business of a specific nature.
Private Meetings
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Persons with applications or other matters pending before Council may approach individual Members. Whether to meet privately with such people is always a decision for a Member to make. To help make that decision, Members should consider the following points:
• The public's business should be discussed in public whenever possible. • City staff can advise you regarding the legality and/or propriety of private meetings. • City Council will make better decisions when all Members have access to the same information.
• You should inform the full Council at the public meeting when you have held such a private meeting.
Penalties
There are civil remedies and criminal misdemeanor penalties for violations of the Brown Act. The civil remedies include injunctions against further violations, orders nullifying any unlawful action and orders determining the validity of any rule to penalize or discourage the expression of a Member. Criminal penalties may result if a person is found guilty of a wrongful deliberate intent to deprive the public of information to which it is entitled under the Brown Act.
The most effective approach to prevent these penalties is to hold the Council’s meetings in a public forum, stick to the agenda items, and consult the City Attorney, City Manager or City Clerk if you have any uncertainties regarding whether an action might violate the Brown Act. 126
Appendix XYZ - Example list of Council policies
Fiscal and Budgetary Policies
Basis of Accounting/Operating Budget
Accounting, Auditing, and Financial Reporting
Reserves, Unallocated Funds, and Capital Set-Aside
Revenue Management
Expenditure Control
Investments and Cash Management
Asset Management
Debt Management
Internal Controls
Travel Policy
Capital Set-Aside
Capital Improvement Program Policies
Complete Streets
Pavement Condition Index
Private Development and Economic Development Policies
Economic Analysis of New Development
Public Improvement Requirements & Nexus Fees
Public Notice/Engagement
Economic Incentives
Risk Management Policies
Claims Review & Acceptance
Claims Avoidance
Insurance Requirements
Use of Risk Pools
General
Religious expression
Political expression at City Events
Flag Display at City Facilities
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Issuance and Setup
a) Upon commencement of their role, Members will receive a designated electronic tablet for official use.
b) Assistance will be provided in setting up each tablet with necessary applications, security features, and access permissions.
c) Members are required to read and sign an Electronic Tablet Use Policy Agreement.
Responsible Use
a) The tablet is provided for official duties only. Personal use should be kept to a minimum. b) Tablets are subject to public records act (PRA) requests and may become viewable to Members of the public. There is no expectation of privacy for any content sent or received with the tablet. To learn more about PRA requests, review the PRA Guide.
Software and Applications
a) Tablets will be issued with the software necessary to perform Council duties. b) Should another application be desired, contact the City Clerk for assistance.
Reporting Issues
a) Report any technical issues, glitches, or concerns related to your tablet promptly to the City Clerk. The City Clerk will coordinate IT support.
b) Do not attempt to troubleshoot or repair the device without consulting with IT personnel.
Device Return and Exit Process
a) When a terms concludes, the tablet shall be returned to the City Clerk’s office.
Using the iLegislate App
iLegislate for Windows and OSX enables elected officials and government staff to review meeting agendas, supporting documents, and archived video, and to bookmark items for easy retrieval.
Notes and bookmarks are automatically backed up to the Granicus cloud.
Click here for a demo video on the features of iLegislate.
Click here to download iLegislate for use on your laptop or desktop computer.
To use iLegislate on your iPad or other tablet, visit your app store and search for “Granicus iLegislate”.
The correct app looks like this:
Launching and signing into iLegislate:
1. Open iLegislate from your tablet or desktop application. 128
2. In the first field, enter the name of your Granicus Platform host site:
americancanyon.granicus.com.
3. Enter your username in the second field.
4. Enter your password in the third field.
5. Tap Save.
Note: Your notes and bookmarks are private and only accessible with your personal login.
A complete iLegislate User Guide with instructions in both written and video format is available on the Granicus support page here.
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The People’s Business – Public Records Act Guide
In California, the Public Records Act (PRA) is a state law that grants the public the right to access government records. It ensures transparency and accountability by allowing individuals to request and obtain documents, files, and other materials maintained by state and local government agencies. The PRA aims to promote open government and enable citizens to stay informed about governmental activities and decisions. The People’s Business A Guide to the California Public Records Act.
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CITY OF AMERICAN CANYON
GOVERNANCE PROTOCOL HANDBOOK
Adopted by the City Council
& the Fire District Board of Directors
REVISED MARCH 17, 2020
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CITY OF AMERICAN CANYON
CITY COUNCIL / FIRE DISTRICT BOARD
GOVERNANCE PROTOCOL HANDBOOK
Table of Contents
Section Page
I RESOLUTIONS____________________________________________________ 6
II CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS AND MEMBERS OF APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES ___________ 8 STATEMENT OF COMMITMENT ___________________________________________ 11 III RULES OF ENGAGEMENT IN LABOR RELATIONS MATTERS_____________ 14 IV FISCAL AND BUDGETARY POLICIES _________________________________ 16
1. BASIS OF ACCOUNTING ______________________________________________ 16
2. OPERATING BUDGET ________________________________________________ 17
3. RESERVES / UNALLOCATED FUNDS ___________________________________ 17
4. REVENUE MANAGEMENT _____________________________________________ 24
5. EXPENDITURE CONTROL _____________________________________________ 26
6. CITY CAPITAL IMPROVEMENT PROGRAM AND THE CAPITAL BUDGET ______ 28
7. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING ___________________ 30
8. INVESTMENTS AND CASH MANAGEMENT_______________________________ 32
9. ASSET MANAGEMENT________________________________________________ 33
10. DEBT MANAGEMENT_________________________________________________ 34
11. INTERNAL CONTROLS________________________________________________ 36
12. RISK MANAGEMENT _________________________________________________ 36
13. NEW CITY DEVELOPMENT PROJECTS __________________________________ 36
14. ROLE OF THE FINANCE COMMITTEE OF CITY COUNCIL ___________________ 37
15. BUDGETING FOR COMMUNITY SERVICE PROVIDERS______________________ 37
V RULES OF PROCEDURES FOR COUNCIL, BOARDS, COMMISSIONS AND STANDING COMMITTEE MEETINGS AND COUNCIL DECISION PROCESS___ 42
1. GENERAL PROCEDURE ______________________________________________ 42
2. POLICY DECISION MAKING PROCESSES________________________________ 43
3. ADVISORY BOARDS AND COMMISSIONS________________________________ 44
4. MEETINGS __________________________________________________________ 44
5. ORDER OF BUSINESS________________________________________________ 47 VI COUNCIL AGENDA PROCESS_______________________________________ 77 VII COUNCIL MEMBER ADMINISTRATIVE SUPPORT_______________________ 78 133
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VIII MAYOR AND CITY COUNCIL CONFORMITY TO CITY COUNCIL ADOPTED PROTOCOLS _____________________________________________________ 80 134
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RESOLUTIONS
2007-106 May 3, 2007 Establishing Governance Protocols
2007-120 July 5, 2007 Revisions
2008-107 August 5, 2008 Revisions
2009-10 August 16, 2009 Revising 14.3.9 Meals (ACFPD)
2009-86 August 16, 2009 Revising 14.3.9 Meals
2009-14 October 6, 2009 Revising V(1) Meetings (ACFPD)
2009-15 October 6, 2009 Revising IV – Fiscal Policies (ACFPD) 2009-101 October 6, 2009 Revising IV – Fiscal Policies
2011-105 November 15, 2011 Revising V - Absences
2012-21 April 3, 2012 Revising II – Code of Ethics and Conduct and VI – Agenda Process
2013-35 May 7, 2013 Revising II – Code of Ethics and Conduct and V – Rules of Procedures for Council, Boards and
Commissions
2013-94 December 2, 2013 Revising VII Council Member Administrative Support
2015-87 November 17, 2015 Revising IV - Fiscal and Budgetary Policies 2018-36 April 17, 2018 Revising V – Agenda Format Changes 2019-34 May 7, 2019 Revising IV – Fiscal and Budgetary Policies 2019-46 June 18, 2019 Revising IV – Fiscal and Budgetary Policies
5. Expenditure Control (Purchasing)
2020-28 March 17, 2020 Revising IV – Adding Section 15. Budgeting for Community Service Providers.
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II CODE OF ETHICS AND CONDUCT FOR ELECTED OFFICIALS AND
MEMBERS OF APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES Statement of Purpose
The City of American Canyon has adopted a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees. In order to facilitate fair, ethical, and accountable local government, the City of American Canyon has developed the following guidelines:
• public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • public officials be independent, impartial, and fair in their judgment and actions;
• public office be used for the public good, not for personal gain; and • public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. • public officials comply with all provisions of AB 1234 including attendance at ethics training within one year of being elected and every two years thereafter. The certificate of attendance must be filed with the City Clerk.
1. Act in the Public Interest
Stewardship of the public interest must always be principal duty of individuals representing the City. Members will work for the common good of the people of American Canyon and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims, and transactions coming before the American Canyon City Council, boards, commissions, and committees.
2. Comply with the Law
Members will comply with the laws of the nation, the State of California, and the City of American Canyon in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members will refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of Council, boards, commissions, and committees, the staff, or public. As respected representatives of the community, Council 138
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members shall conduct themselves in a personal and professional manner that reflects positively on the on the collective action of the City Council and the City as a whole.
4. Respect for Process
Members will perform their duties in accordance with the processes and rules of order established by the City Council and boards, commissions, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. The City Council acts as a collaborative decision-making body. Once the City Council, acting as a body, has reached a decision, individual Council members will respect and support the collective decision, regardless of their individual vote on the matter.
5. Conduct of Public Meetings
Members will prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members will base their decisions on the merits and substance of the matter at hand.
7. Communication
Members will publicly share substantive information that is relevant to a matter under consideration by the Council or boards, commissions, and committees which they may have received from sources outside the public decision-making process.
8. Conflict of Interest
In accordance with AB 1234, to assure their independence and impartiality on behalf of the common good, members will not use their official positions to influence government decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest. In accordance with the law and FPPC requirements, members will disclose investments, interests in real property, sources of income, and gifts; and they will abstain from participating in deliberations and decision-making where conflicts may exist.
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9. Gifts and Favors
Members will comply with the requirements of the Political Reform Act relating to the acceptance and reporting of gifts.
10. Confidential Information
Members will respect the confidentiality of information concerning City property, personnel, or proceedings of the City. They will neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests.
11. Use of Public Resources
Members will not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. Members will not utilize the City's name or logo for the purpose of endorsing any political candidate or business.
12. Representation of Private Interests and Ex Parte Communications In keeping with their role as stewards of the public interest, members of Council will not appear on behalf of the private interests of third parties before the Council or any board, commission, committee, or proceeding of the City, nor will members of boards, commissions, and committees appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
Also, members of the Council will use extreme caution before engaging in ex parte communications. The Brown Act allows the public contact with public officials; however, it does not permit discussions that allow a majority of a council to arrive at a "collective concurrence." That is, if before a meeting enough of the council agree to support or deny an item, for example a construction project, a violation of the law occurs. This occurs even if the members didn’t know what the others had decided. The Brown Act mandates that all public business must be done in public.
Even if such discussions don't violate the Brown Act, such "ex parte contacts" may result in an unfair proceeding. In an ex parte contact, the proponent or opponent is allowed to present ideas or opinions to one or several officials that the rest of the public never hears, violating the Constitutional due process rights of the opposing point of view.
If a Council Member chooses to engage in ex parte communications, they must disclose this activity at the time the item is considered by the Council. 140
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13. Advocacy
Members shall represent the official policies or positions of the City Council, board, commission, or committee to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members will explicitly state they do not represent their body or the City of American Canyon, nor will they allow the inference that they do.
14. Policy Role of Members
Members will respect and adhere to the council-manager structure of American Canyon city government as outlined in the City Municipal Code Section 2.08 and others related of the Municipal Code with respect to the City Manager's relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and committees and City staff.
As provided by the City ordinance, members will not interfere with the administrative functions of the City or the professional duties of City staff.
Members will not impair the ability of staff to implement Council policy decisions. They will refrain from any direct interference in personnel matters or during labor negotiations, except through the City Manager and/or the duly appointed chief negotiator.
15. Independence of Boards, Commissions and Committees
Independent advice of boards, commissions, and committees during the public decision-making process is vital. Members of Council will refrain from using their position to unduly influence the deliberations or outcomes of board, commission, and committee proceedings.
16. Positive Work Place Environment
Members will support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members will recognize their special role in dealing with City employees and refrain from creating the perception of inappropriate direction to staff.
17. Staff Relations
City Councilmembers, board members, commission members and City Staff will treat each other with mutual respect. All concerns or complaints regarding staff should be directed to the City Manager. All work requests should be directed to the City Manager. Councilmembers should not attempt to coerce or influence staff in the appointment of new employees, awarding of contracts, selection of consultants, processing of development applications or granting of City licenses or permits. The Council should not attempt to 141
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change or interfere with the operating policies and practices of any City department.
18. Implementation
The Code of Ethics and Conduct is intended to be self-enforcing. Members should be thoroughly familiar with the policies and abide by the provisions.
Ethical standards will be included in the regular orientations for candidates for City Council, applicants to boards, commissions, and committees and newly elected and appointed officials.
Members entering office will sign a statement affirming they have read and understood the City of American Canyon Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be reviewed bi-annually by the City Council, boards, commissions, and committees, and the City Council shall consider all recommendations from boards, commissions, and committees and update it as necessary.
19. Compliance and Enforcement
The American Canyon Code of Ethics and Conduct outlines standards of ethical conduct expected for members of the American Canyon City Council, boards, commissions, and committees. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions, and committees and the Mayor have the additional responsibility to intervene when members' actions appear to be in violation of the Code of Ethics and Conduct when brought to their attention. After consideration and consultation, the City Council may impose sanctions on members whose conduct does not comply with the City's ethical standards, such as reprimand, formal censure, loss of seniority, or committee assignment. The City Council also may act to remove members of boards, commissions, and committees from office. Prior to the imposition of any sanctions to a member of the City Council, the City Council shall follow applicable due process procedures with respect to the affected member. 142
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STATEMENT OF COMMITMENT
As a member of the American Canyon City Council or of an American Canyon board, commission, or committee, I agree to uphold the Code of Ethics and Conduct for elected and appointed officials adopted by the City Council and conduct myself by the following model of behavior. I will:
• Recognize the worth of individual members and appreciate their individual talents, perspectives, and contributions;
• Help create an atmosphere of respect and civility where individual members, City staff, and the public are free to express their ideas and work to their full potential;
• Conduct my personal and public affairs with honesty, integrity, fairness, and respect for others;
• Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit;
• Treat all people with whom I come in contact in the way I wish to be treated; • Before I speak or act I will ask myself the following four questions:
1. Is it the truth?
2. Is it fair to all concerned?
3. Will it build goodwill and better friendships, partnerships and collaborations?
4. Will it be beneficial to all concerned?
I affirm that I have read and that I understand, accept and support the City of American Canyon Code of Ethics and Conduct. I also commit to abiding by the provisions of AB 1234 including the ethics training requirement.
Name of Elected or Appointed Body: Position:
Print Name: Signature:
Date:
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III RULES OF ENGAGEMENT IN LABOR RELATIONS MATTERS
Statement of Purpose
Labor negotiations are important to the City, the staff, and the community. The Ralph M. Brown Act provides the ability for the City Council to meet in closed session to discuss labor negotiations. Closed sessions are used to allow the City’s labor negotiator and the City Council to have candid discussions about the process.
City Council members should not communicate directly with parties outside the established labor negotiation procedure. Doing so can result in the following:
• undermines the negotiator’s or labor relations representative’s authority; • destroys any strategy for reaching compromise;
• causes the union to believe that one or more City Councilmembers speak for the City Council as a whole;
• forces the City to work/negotiate from a position of weakness; • may waive the privacy privilege of closed session communication; • results in win/lose negotiations instead of win/win;
• adversely impacts long term working relationships between management and labor;
• encourages the union to continuously go to the City Council rather than relying on the approved negotiations process;
• generally results in a more costly settlement; and
• demoralizes internal working relationships
American Canyon City Council Rules of Engagement Principles Following are principles that the American Canyon City Council adhere to with respect to the City's labor relations:
• The American Canyon City Council gives their designated negotiator or City representative full authority to speak for the City Council. The City Council recognizes that negotiators are agents of the City Council and will speak for them in negotiations. The parameters for this authority are:
o Negotiators should be allowed considerable flexibility to customize agreements within parameters established in closed session by the City Council.
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o Council guidance, advice and direction will be limited to closed session discussions as they relate to the value of the total package, allowing for tradeoffs within established parameters, and other related factors. o Council will meet with the City’s designated negotiator on a regular basis to receive information from negotiations and give ongoing direction to the negotiators.
o Only the City Council can approve the final agreement; not the City negotiator.
• Inform the union representatives that only the negotiator speaks for the Council as a whole.
• Include an express provision in the MOU that employees and their representatives cannot contact individual Councilmembers on issues within the scope of deliberations during negotiations. Likewise, non-authorized members of Council shall not make direct contact with employees and their labor representatives with respect to labor negotiations. 145
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IV FISCAL AND BUDGETARY POLICIES
STATEMENT OF PURPOSE
The purpose of the Fiscal and Budgetary Policies is to identify and present an overview of policies dictated by state law, City ordinances, and administrative policies. The aim of these policies is to achieve long-term stability and a positive financial condition. These policies provide guidelines to the administration and finance staff in planning and directing the City and Fire District’s day-to-day financial affairs and in developing financial recommendations to the City Council which also sits as the ex officio Board of Directors for the American Canyon Fire Protection District. These policies set forth the basic framework for the overall fiscal management of the City and Fire District. Operating independently of changing circumstances and conditions, these policies assist in the decision-making process.
These policies provide guidelines for evaluating both current activities and proposals for future programs. In short, these policies are designed to achieve, year in and year out, a balanced budget for the City of American Canyon as defined within this policy document.
These policies represent long-standing principles, traditions and practices that will guide the City and Fire District and help maintain financial stability. An important aspect of the policies is the application of budget and fiscal policies in the context of a long-term financial approach. The scope of these policies span accounting, auditing, financial reporting, internal control, operating and capital budgeting, revenue management, cash and investment management, expenditure control, asset management, strategic plans and debt management.
The City Council, upon the recommendation of the Finance Committee, annually approves the Fiscal and Budgetary Policies, making recommendations regarding modifications to policies and for incorporating them into the budget process.
1. BASIS OF ACCOUNTING
Accounting in Accordance With GAAP
City and Fire District finances shall be accounted for in accordance with generally accepted accounting principles (GAAP) as established by the Governmental Accounting Standards Board, Financial Accounting Standards Board, and other authoritative sources.
Organization of Accounts
The accounts of the City / Fire District shall be organized and operated to provide fiscal accountability and compliance with all legal restrictions. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions.
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1) Governmental Fund Types. Governmental funds are used to account for a government’s general government activities. The five governmental funds are General, Special Revenue, Debt Service, Capital Project, and Permanent. The financial accounting model for these funds focuses on resources available for spending, using a modified accrual basis of accounting in which revenues are generally recognized when they can be measured and are available to pay the liabilities of the current period, which is about sixty days following the end of the fiscal year. Expenditures are recognized when the liability is incurred.
2) Encumbrance Accounting. The City and Fire District will utilize encumbrance accounting for its Governmental fund types, under which purchase orders (P.O.’s), contracts and other commitments such as contracted sewer and water capacity, are recorded in order to reserve that portion of the applicable appropriation.
3) Proprietary Fund Types. Two funds, Enterprise and Internal Service Funds, are classified as Proprietary fund types. They are used to account for business type activities (i.e., activities that receive a significant portion of their funding through user charges). The City uses Enterprise funds to account for its Water and Wastewater activities. Proprietary fund types are accounted for on a flow of economic resources measurement focus and use the full accrual basis of accounting. Under this method, revenues are recorded when earned and expenses are recorded at the time liabilities are incurred.
Enterprise funds receive their revenues primarily through user charges for service. The Internal Service fund is commonly used to account for activities like a motor pool, central stores, printing services, etc. that are provided on a cost reimbursable basis to other departments within the government. Currently, the City does not use internal service funds.
2. OPERATING BUDGET
Operating Budget
The operating budget is the City’s annual financial operating plan. The budget process creates an opportunity for the City to dialogue with citizens regarding community goals and priorities and the level of services provided.
It serves as a public document that can tout past accomplishments and promote communications between the citizens and the City Council. It should explain where the money to fund city operations comes from and where it goes. It can talk about major policy choices, tradeoffs, and recommendations. The City must carefully plan for its financial future to ensure that the inflow of resources will be adequate to meet its needs. The budget will help ensure adequate fiscal control in all funds. 147
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Finance Committee Review
The City Manager and the Fire Chief will first review the Budget with the Finance Committee before submitting the annual budget to the full Council or Board of Directors. The Finance Committee shall be made up of the Mayor, Vice Mayor, Finance Director, City Manager, and when reviewing Fire Operations, the Fire Chief. Each Department Manager shall have an opportunity to meet with the Finance Committee prior to the budget being submitted to the City Council, to review Department goals, objectives, and budgetary priorities.
Budget Planning
Budgeting is an essential element of the financial planning, control, and evaluation process of municipal government. The budget planning process should look forward by a three to five year period recognizing that budgets are influenced by decisions made in prior year budgets and that decisions made in the current year budgets serve a precursor to future budget requirements. The City will recognize both short-term needs and objectives in relation to the long-term goals of the City. Accordingly the City will conduct an annual “mid-year” review that will cover various economic factors (i.e., State and National trends) influencing the budget as well as micro economic factors such as the impact of new development in the City. The mid-year review will establish goals and objectives for the coming fiscal year budget and make adjustments to the current year’s budget to reflect new conditions.
Fund Structure
An annual budget shall be prepared for the General, Debt Service, Special Revenue, Capital Projects, Enterprise and other funds as established by the City Council.
1) Basis of Budget. All operating budgets shall be adopted on a basis consistent with Generally Accepted Accounting Principles as promulgated by the Governmental Accounting Standards Board, Financial Accounting Standards Board, and other authoritative sources. A budget for depreciation is included in the Proprietary funds and Governmental funds to comply with GASB Statement No. 34.
Capital Projects funds are project length budgets. Revenues are included in the budget (normally through “transfers”) in the year they are expected to become measurable and available. Expenditures are included in the budget when they are measurable, a liability is incurred, and the liability will be liquidated with resources included in the budget.
Once adopted, Capital Improvements budgets are encumbered into future years.
2) Legal Level of Control (LLC). This is the level which management, without prior City Council approval, loses the ability to reapply budgeted resources from one use to another and is known as the 148
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budget’s “legal level of control.” At the Fund level, the LLC is the Chief Administrative Officer, as established by Ordinance, Resolution or Minute Order. Within a fund, the City has a number of levels of detail in the operating budgets – the fund, department, division, object and the line item within the fund.
a) Example:
i) Fund – General Fund
ii) Department – Public Safety
iii) Division – Police
iv) Object – Salaries, Other Pay and Benefits
v) Line Item – Regular Salaries
b) In the above example, Department Managers may not exceed budget allocations at the Division level without Chief
Administrative Officer approval.
c) Only the City Council may move resources from one fund to another.
3) Line Item. The City’s automated financial system can accommodate a robust “Program Budget” format and the City will start moving in that direction.
4) Program Budget. As staff resources are available, the City will develop a program budget that represents the expenditure activity within a department by the program(s) each Department is responsible for executing. The plan is for each program budget section within a Department to list out the intended results of the program for the coming year and detail what the total cost of each program is in at least three areas:
a. Area 1. Department Description. The Department description will include the City Council’s approved Mission and Goals for the Department and a summary of total Department Cost.
b. Area 2. Will describe each program area of the Department. (i) Each Program (i.e., Fire Suppression, Code
Enforcement, City Clerk Imaging, etc.) will detail the
program, number of personnel and its intended results,
proposed changes if any from the previous year, and
three to four key indicators of performance related to the program. Program area components will be listed as:
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(1) Labor
(a) Salary
(b) Benefits:
Retirement
Medical
Other
(c) Other
Total Labor
(2) Operational and Maintenance (O&M)
(a) Energy
(b) Supplies
(c) Equipment
Total O&M
c. Area 3. Non-CIP Purchases
Identify Available Funds
The budget shall be sufficiently detailed to identify all available funds. The format will include estimated beginning fund balances, sources of funds, uses of funds, and estimated remaining funds at budget year end. Additionally, the format will provide two years of budget history. The Program Budget will also provide the estimated current year-end and the proposed budget.
Interfund Transfers
A summary showing the net budget totals will be shown, as well as gross budget totals, in order to prevent the “double counting” of revenues and expenditures. Net budget totals are derived by subtracting interfund transfers from the gross budget totals.
Periodic Reports
The City will maintain a budgetary control system to ensure adherence to the budget and will prepare periodic reports comparing actual revenues, expenditures and encumbrances with budgeted amounts.
Self Sufficient Enterprise Funds
Enterprise operations and Special Revenue Funds, including the Fire District, shall be totally self sufficient and will solely operate on revenues dedicated to the Funds mission.
Administrative Cost Reimbursement
The General Fund shall be reimbursed for administrative costs by all Enterprise, Special Revenue and other non-General Fund budgets.
Documentation to support the transfer shall be presented to City Council during the budget process.
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Appropriations Lapse
Annual Appropriations lapse at year end. Items purchased through the formal purchase order system or Capital Improvement Program may be carried over by the Finance Department into the next fiscal year. The Finance Director will be responsible for setting aside sufficient funds so as not to overstate available reserves/revenues to complete a purchase.
Preparation (Line Item or Program Budget)
The budget is to be prepared as provided by Ordinance or Resolution with the cooperation of all City Departments.
1) Proposed Budget. As provided by Ordinance or Resolution, the Chief Administrative Officer shall submit to the City Council or Board of Directors, a proposed budget at least 30 days prior to the end of the fiscal year that presents a complete financial plan for the ensuing year.
Ideally the budget will be presented to the City Council or Board of Directors by May of each year. The budget is to be adopted prior to July 1 each year. In order to achieve this objective, the City Council / Board of Directors shall adopt a budget calendar. Members of the City Council and City Staff will modify their personal calendars to achieve the objectives of the adopted calendar.
a. Regardless of the budget format (Program or Line Item) the budget, at a minimum, shall include four basic segments for review and evaluation: (1) personnel costs, (2) base budget (same level of service) for operations and maintenance costs, (3) decision packages for capital and other (non-capital) project costs, and (4) revenues.
b. The budget review process shall include City Council / Board of Directors participation in the development of each of the four segments of the proposed budget.
c. The budget process will allow the opportunity for the City Council / Board of Directors to address policy and fiscal issues. d. A copy of the proposed budget shall be filed with the City Clerk when it is submitted to the City Council.
2) Modified Incremental Approach. The operating budget for the prior year shall serve as the starting point for budget estimates adjusting for the San Francisco/Oakland Consumer Price Index and any contractual obligations that would increase or decrease the previous year’s budget totals. Increases or decreases over the base budget shall be detailed in supporting documents on forms provided by the Finance Department. Detail supporting sheets shall be prepared for each 151
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object series by the Department requesting modifications to the Incremental Budget, or as provided for by Ordinance or Resolution. 3) Adoption. Upon the presentation of a proposed budget document, the City Council / Board of Directors, shall call and publicize a public hearing. The City Council shall subsequently adopt by Resolution such budget, as it may have been amended, as the City’s / Fire District’s Annual Budget, effective for the fiscal year beginning July 1.
If the City Council / Board of Directors takes no action to adopt their respective budgets on or prior to July 1, twenty-five (25%) of the budget, as submitted per adopted Ordinance or Resolution, is deemed to have been adopted by either the City Council, and/or Board of Directors until such time as it is finally amended by the City Council and/or Board of Directors.
4) Budget Evaluation and Awards Program: The annual budget shall be submitted to the California Society of Municipal Financial Officers or Governmental Finance Officers Association for evaluation and consideration of a Budget Presentation Award.
Balanced Budget
The budget shall be balanced using a combination of current revenues and available funds. In principal, current year operating expenses shall be funded with current year generated revenues. A Proprietary Fund with outstanding revenue bonds shall not use debt proceeds to balance its operating budget.
No budget shall be adopted unless the total of estimated revenues and available fund balance or resources is equal to or in excess of appropriations.
Reporting
Periodic financial reports shall be prepared to enable the Department Managers to manage their budgets and to enable monitoring and control of the budget. A quarterly to mid-year budget review shall be presented to City Council in sufficient detail to allow decision making.
Control
Operating Expenditure Control is addressed in Section 5 of these Policies.
Contingent Appropriation
As part of the budget, an adequate contingent appropriation of no less than 1% of the total expenditure appropriations in of the water, wastewater and City general operating funds will be established. This contingent appropriation, titled ‘Unappropriated Contingency,’ will be disbursed only by transfer to a departmental appropriation within that fund. Transfers from this contingency shall be authorized by the City Council. A contingent 152
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appropriation will be established except when fiscal constraints do not allow such an appropriation, as authorized by the City Council.
3. RESERVES/UNALLOCATED FUNDS
Operating Reserves in Fund Balances
The City/Fire District shall use reserves, as appropriate, in each operating fund to pay expenditures caused by unforeseen emergencies or shortfalls caused by revenue declines, extraordinary opportunities to increase efficiency or add value and to eliminate any short-term borrowing for cash flow purposes. Unallocated reserves will be maintained as detailed below except when prior year revenues do not reach estimated projections or when the Governor declares a fiscal emergency.
City General Fund Reserve
Each July 1, City shall establish a General Fund Reserve in the amount of 25% of the final budget for the fiscal year just concluded. In the event this reserve requirement is not met, the reserve shall grow by a minimum of 3% of the total salary of the General Fund until it reaches 25% of the operating annual budget of the General Fund. The City General Fund Reserve shall only be used in the event the City experiences a 10% reduction in discretionary general fund revenue (Fund 100-Department 80-Division 810) compared to the prior Fiscal Year or in the event of a declared emergency as defined by Municipal Code 2.48.020.
Fire District General Fund Reserve
Beginning July 1, 2009, an initial Fire District General Fund reserve of 10% of fiscal year 2005 expenditures will be established. Thereafter, each July 1st, the reserve will grow by a minimum of 3% of the total salary of the Fire District General Fund until it reaches 20% of the Fire District’s General Fund’s annual operating budget. Unallocated reserves will not be used to support long-term, on-going operating expenditures unless they exceed the recommended reserve.
Capital Projects Reserve
Each July 1, City shall establish a Capital Projects Reserve in the amount of $2 million. In the event this reserve requirement is not met, the reserve shall grow by a minimum of $100,000 each year until it reaches $2 million. The Capital Projects Reserve will only be used for capital projects consistent with the City’s strategic goals. This reserve shall be assigned in the General Fund.
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