REGULAR CITY COUNCIL MEETING AGENDA
City Hall - Council Chambers
4381 Broadway St., Suite 201, American Canyon
May 20, 2025
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: 847 1017 1711; Passcode: 123456. Phone in to Zoom: 408-638- 0968
Oral comments, during the mee$ng: 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.
Wri9en comments: Submit wri5en 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 wri5en request to City Clerk at 4381 Broadway, Suite 201, American Canyon, CA 94503 or by email to [email protected]. Include your name, address, phone number and brief descrip"on of the requested materials, as well as your preferred alterna"ve format or auxiliary aid, at least three calendar days before the meeting.
Mayor: Pierre Washington
Vice Mayor: Mark Joseph
Councilmembers: Brando Cruz, Melissa Lamattina, David Oro CITY COUNCIL MEETING AGENDA MAY 20, 2025
1 4:30 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.
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
4:30 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.
2. Conference with Legal Counsel - Exis$ng Li$ga$on. Authorized pursuant to Government Code Section 54956.9(d)(1):
a. City of American Canyon v. City of Vallejo, et al. (Sacramento Superior Court Case No. 34-2022-00327471).
b. City of Vallejo v. City of American Canyon et al . (Third District Court of Appeal Case No. C102070; formerly Sacramento County Superior Court Case No. 23WM000055). c. City of Vallejo v. City of American Canyon et al . (Sacramento County Superior Court Case No. 24WM000078).
d. City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No. CV0003752).
6:30 P.M. OPEN SESSION - REGULAR MEETING
CALL TO ORDER - COUNCIL TO RECONVENE IN OPEN SESSION
PLEDGE OF ALLEGIANCE
ROLL CALL - OPEN SESSION
REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION
PROCLAMATIONS AND PRESENTATIONS
3. Proclama$on: Meet Me in the Street with Kids Commerce Program and Business License Fee Waiver
CITY COUNCIL MEETING AGENDA MAY 20, 2025
2 Recommendation: Adopt a Minute Order waiving Business License Fees for youth par"cipants in the 2025 American Canyon Chamber of Commerce's "Kid's Commerce" program.
4. Proclamation: National Public Works Week
5. Proclamation: Memorial Day 2025
6. Proclamation: Mental Health Awareness Month
7. Presentation: American Canyon Annual Report from the City of Napa Housing Authority
8. Presentation: Fair Housing Napa Valley Annual Report
9. Presentation: Napa Sonoma ADU Annual Report
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
10. Minutes of May 6, 2025
Recommendation: Approve the minutes of the regular City Council meeting of May 6, 2025.
11. Report Upon Return from Closed Session
Recommendation: Approve the Report Upon Return from Closed Session for the mee"ng of May 20, 2025.
12. Notice of Completion for Playground Replacement Project (PR21-0100) Recommendation: Adopt a Resolu"on accep"ng the Playground Replacement Project (PR21-0100) for Linwood Park, Via Bellagio Park, and Northampton Park as complete and authorizing the Public Works Director to file a Notice of Completion.
13. Quarterly Investment Report for City and Fire District for Fiscal Year 2024-25 Quarter 3 Recommendation: Receive and file the City and Fire District’s Treasurer’s Report for the quarter ended March 31, 2025.
14. MTC Resolution of Local Support
Recommendation: Adopt a Resolu"on authorizing the filing of an applica"on for funding assigned to MTC and commiOng any necessary matching funds and sta"ng assurance to CITY COUNCIL MEETING AGENDA MAY 20, 2025
3 complete the Melvin Road Pavement Rehabilitation Project (TR27-0100).
15. ECS Imaging, Inc. 5-year Agreement for Laserfiche Cloud Software Recommendation: Adopt a resolu"on approving Amendment No. 1 to Agreement No. 2022- 77 with ECS Imaging, Inc., extending cloud-based Laserfiche soPware services through June 2030, in an amount not to exceed $189,810.
16. Granicus, LLC. 3-Year Agreement for Government Transparency Suite Software Recommendation: Adopt a resolu"on approving Amendment No. 3 to Agreement No. 2018- 163 with Granicus, LLC. extending website and mee"ng management services through June 2028, in an amount not to exceed $112,950.
17. Canyon Estates Public Improvements Final Acceptance Recommendation: Adopt a Resolu"on for final acceptance of the public improvements associated with the Canyon Estates Project.
PUBLIC HEARINGS
18. General Plan Comprehensive Update, Environmental Impact Report, and Zoning Code Amendment
Recommendation: The City Council is requested to make the following decisions:
1. A Resolu"on to: (i) Cer"fy the Comprehensive Technical General Plan Update Final Environmental Impact Report (SCH # 2022070038), (ii) Adopt CEQA Findings of Fact and a Statement of Overriding Considera"ons, and (III) Adopt a Mi"ga"on Monitoring and Reporting Program.
2. A Resolu"on adop"ng the Comprehensive 2040 Technical General Plan Update and Policies to sustain compliance with the 2024 Napa County Airport Land Use Compa"bility Plan.
3. Waive first reading, read by "tle only, and adopt an Ordinance amending the Zoning Code, American Canyon Title 19 to be consistent with the General Plan and the Napa County Airport Land Use Compatibility Plan.
BUSINESS
19. Engineer's Report for Citywide LLAD Fiscal Year 2025/26 Recommendation: Adopt a Resolu"on ini"a"ng proceedings, preliminarily approving the Fiscal Year 2025/26 Annual Engineer’s Report, declaring the inten"on to levy and collect annual assessments, and seOng the Public Hearing for considera"on of the American Canyon Landscaping and Ligh"ng Assessment District assessments for FY2025/26 for June 3, 2025, at 6:30 p.m. in the Council Chambers.
20. Contract Award for the Green Island Road Reconstruc$on and Widening Project (TR16- 0700)
Recommendation: Adopt a Resolu"on: 1) amending the FY2024-25 Capital Budget and CITY COUNCIL MEETING AGENDA MAY 20, 2025
4 increasing the FY24-25 Budget from $13,791,725 to $16,353,725; 2) awarding a construction contract to O.C. Jones & Sons, Inc. in the amount of $12,116,149; 3) authorizing the City Manager to enter into an agreement with Consor North America, Inc. for Construc"on Management Services in an amount not to exceed $1,102,000; and 4) authorizing the Public Works Director to approve Contract Change Orders in an aggregate amount not to exceed the Construc"on Budget in conjunc"on with the Green Island Road Reconstruc"on and Widening Project (TR16-0700).
21. Fiscal Year 2025-26 Proposed Budget
Recommendation: Review and Discuss the Fiscal Year 2025-26 Proposed Budget.
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
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.
22. Council Committee Report - Mayor Pierre Washington
FUTURE AGENDA ITEMS
23. Future Agenda Items of Note
ADJOURNMENT
CERTIFICATION
I, Taresa Geilfuss, City Clerk for the City of American Canyon, do hereby declare that the foregoing agenda of the City Council was posted in compliance with the Brown Act prior to the meeting date. ______________________________________
Taresa Geilfuss, CMC, City Clerk
CITY COUNCIL MEETING AGENDA MAY 20, 2025
5 CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
PRESENTATION
ITEM NUMBER: 3.
TITLE
Proclamation: Meet Me in the Street with Kids Commerce Program and Business License Fee Waiver
RECOMMENDATION
Adopt a Minute Order waiving Business License Fees for youth par/cipants in the 2025 American Canyon Chamber of Commerce's "Kid's Commerce" program.
CONTACT
Jason Holley, City Manager
Valerie Zizak-Morais, Executive Director and CEO, American Canyon Chamber of Commerce
BACKGROUND & ANALYSIS
The American Canyon Chamber of Commerce's "Kid's Commerce Program" teaches students everything they need to know to start a business. The program is free to Napa County youth, because of partnership with local businesses. Program graduates will also be given a free booth to sell their goods or services at this year’s Meet Me in the Street events, which occurs the second Wednesday in June, July and August.
Before a business can operate in American Canyon, they must first obtain a business license. The applica/on fee is $25, and the cost of the license depends upon the amount of gross receipts. Staff recommends the Council exercise its authority under ACMC 5.04.435 to waive the applica/on fee and any license fees (if applicable).
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Economic Development and Vitality: "ADract and expand diverse business and employment opportunities."
FISCAL IMPACT
The Recommended Ac/on to waive business license applica/on fees and license fees will forgo General Fund revenue by approximately $500.
ENVIRONMENTAL REVIEW
15378(b) - The ac/on is not a "Project" subject to the California Environmental Quality Act ("CEQA") 6 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. Proclamation - Meet Me in the Street
7 CITY OF AMERICAN CANYON
PROCLAMATION
RECOGNIZING THE “MEET ME IN THE STREET” EVENT SERIES
WHEREAS, the American Canyon Chamber of Commerce plays a vital role in supporting local businesses, building civic pride, and fostering community engagement; and WHEREAS, the Chamber is proudly bringing back the highly anticipated “Meet Me in the Street:
American Canyon” event series, scheduled for June 11th, July 9th, and August 13th, 2025, from 5:00 PM to 8:00 PM; and
WHEREAS, “Meet Me in the Street” is widely regarded as Napa County’s largest public food truck rally, drawing thousands of residents and visitors to enjoy local food, entertainment, and family fun including local retail and business booths, nonprofit informational tables, live music and community performances, a custom/classic car show, cornhole and yard games, a dedicated Kids’ Zone, magicians and street performers, and the Street Side Saloon; and WHEREAS, the event provides valuable opportunities for local businesses, nonprofits, performers, and sponsors to connect with the community, gain visibility, and contribute to the cultural and economic vitality of American Canyon; and
WHEREAS, this family-friendly series celebrates the heart of American Canyon—its people, partnerships, and enduring commitment to building a welcoming, connected community; NOW, THEREFORE, BE IT PROCLAIMED that the City Council of American Canyon hereby recognizes and commends the American Canyon Chamber of Commerce and President & CEO Valerie Zizak-Morais for their leadership and dedication in organizing the “Meet Me in the Street:
American Canyon” event series and encourages all residents and visitors to join in this celebration of connection, culture, and community pride.
Dated: May 20, 2025
____________________________
Pierre Washington, Mayor
8 CITY OF AMERICAN CANYON
PROCLAMATION
NATIONAL PUBLIC WORKS WEEK MAY 18 – MAY 24, 2025
WHEREAS, public works professionals are the behind-the-scenes employees that focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to public health, high quality of life, and well-being of the people of the City of American Canyon; and
WHEREAS, the City of American Canyon’s infrastructure, facilities, and services could not be provided and maintained without the dedicated efforts of our public works professionals; and WHEREAS, the City of American Canyon Public Works Department workforces are a diverse, hard-working group of dedicated men and women, including engineers, supervisors, lead workers, maintenance workers, mechanics, technicians, and water and wastewater operators, who are responsible for maintaining and protecting our streets, creeks, water treatment, wastewater treatment, public buildings, parks, public landscaping, and structures and facilities; and
WHEREAS, it is in the public interest for the residents, students, business owners and community leaders in the City of American Canyon to understand the vital importance of public works and to support the success of public works programs in our community; and WHEREAS, 2025 marks the 65th annual National Public Works Week sponsored by the American Public Works Association, it is the pleasure of the City of American Canyon to again join with the APWA to recognize and commend all public works professionals in the City of American Canyon and throughout the United States; and
NOW, THEREFORE, I, Mayor Pierre Washington, on behalf of the American Canyon City Council, do hereby proclaim this week, May 18 through May 24, 2025, as National Public Works Week in the City of American Canyon and call upon all residents to recognize and give thanks for all of the contributions the City’s public works professionals make every day in advancing quality of life for all.
Dated: May 20, 2025
____________________________
Pierre Washington, Mayor
9 CITY OF AMERICAN CANYON
PROCLAMATION
May 26, 2025 as Memorial Day
WHEREAS, on Memorial Day, we pause as a united community to solemnly honor and remember the brave men and women of the United States Armed Forces who made the ultimate sacrifice in service to our nation and the defense of liberty around the globe; and WHEREAS, the legacy of our fallen heroes’ lives on not only in our nation’s history but in the everyday freedoms we cherish, a powerful reminder that the burden of liberty is carried by the few so that it may be enjoyed by the many; and
WHEREAS, as we gather to reflect, we also reaffirm our shared values of patriotism, courage, selflessness, and commitment, virtues embodied by those who wore the uniform and gave their lives in service; and
WHEREAS, we acknowledge that no words or ceremonies can fill the void left in the hearts of their families and loved ones of the fallen, our Gold Star Families, yet through remembrance, gratitude, and community, we strive to honor their sacrifice and ensure it is never forgotten; and
WHEREAS, on Memorial Day, we gather not only as individuals, but as one American Canyon community, united across generations and beliefs, to stand in shared remembrance at Veterans Memorial Park on Monday, May 26, 2025, at 11:00am. Through the participation of our local veteran organizations, faith leaders, schools, and civic partners, we create a living tribute that ensures the stories of our fallen are heard, their sacrifices honored, and their legacies carried forward with dignity and purpose; and
NOW, THEREFORE, BE IT RESOLVED that I, Pierre Washington, Mayor of the City of American Canyon on behalf of the City Council, do proclaim Monday, May 26, 2025, as Memorial Day in American Canyon – a day to reflect, remember, and honor the courageous men and women who gave their lives in services to our country, and to recognize the strength and sacrifice of their families who carry their memory forward. May we honor them not just in words, but through our continued commitment to the values they defend.
Dated: May 20, 2025 ____________________________________ Mayor Pierre Washington
10 CITY OF AMERICAN CANYON
PROCLAMATION
Mental Health Awareness Month May 2025
WHEREAS, each May we raise awareness about the importance of mental health and its impact on the well-being of the Napa County community, including children, adults, and families; and WHEREAS, mental health challenges are one of the most common health conditions in California, affecting at least two in five adults and children, impacting both the person experiencing mental health challenges and those persons who care and love the person facing the challenges; and WHEREAS, from July 1, 2024, to April 7, 2025, 7,633 students in Napa County received universal mental health screening funded by the Behavioral Health Student Services Act (BHSSA) through a partnership between the Napa County Office of Education (NCOE) and Napa Health and Human Services Agency’s Behavioral Health Division; and
WHEREAS, Napa County Health & Human Services Agency’s Behavioral Health Division served over 1,663 unique clients in Fiscal Year 2023-2024, ensuring those served received high-quality mental health services; and
WHEREAS, it is critical that we create a community in Napa County wherein everyone feels comfortable seeking support and prioritizing their mental health and well-being; and WHEREAS, we encourage friends, relatives, neighbors, and all people in our community to learn the signs, support those who are struggling, and assist them in seeking services available.
NOW, THEREFORE, I, Pierre Washington, on behalf of the City of American Canyon, do hereby proclaim the Month of May 2025 as Mental Health Awareness Month. We call upon all members of the community, private businesses, non-profit groups, clubs, and associations, to be allies for individuals with mental illness and to take action to strengthen the mental health of our community. Above all, let us collectively ensure that all children and adults experiencing mental health challenges are treated with the compassion, respect, and understanding they deserve.
Date: May 20, 2025 ____________________________
Pierre Washington, Mayor
11 HOUSING AUTHORITY REPORT ON
HOUSING SERVICES ACTIVITIES
2024-2025
12 The City of American Canyon annually contracts with the Housing Authority to provide a variety of housing services. Housing Authority’s work program is designed to provide:
◦ Countywide Activities: rental assistance and homeless services and projects.
◦ Base Housing Services: regulatory agreement monitoring, review development projects, loan servicing, & affordable housing regulatory agreements.
◦ Additional Housing Services: housing development financial analysis and other services mutually agreed upon.
13 Countywide Activities:
Section 8 Housing Services
◦ Housing Authority administers $15 million Section
8 Housing Choice Voucher program
◦ 1171 rental assistance vouchers county wide
147 American Canyon households receiving rental
assistance a 6% increase from 2023-2024
12% all vouchers issued are being used in American
Canyon
Includes 34 project-based vouchers for Valley View
Senior Apts. and 8 project-based vouchers Napa Cove
Apts. Of these 17 are VASH vouchers for chronically
homeless veterans.
14 Section 8 Housing Services-cont’d
◦ 6 of the 138 American Canyon Voucher holders
participate in the Family Self Sufficiency Program.
Participants receive services & counseling to become
fully employed and independent.
◦ 6 American Canyon households received NEDS
vouchers.
◦ 14 American Canyon households received FUP
vouchers.
15 Homelessness Services & Projects:
◦ Continuum of Care
HACN represents the City at monthly committee
meetings
Through a competitive application HUD renewed all
Continuum of Care grants this past year. Napa
County’s share is $930,626
Funds are used to assist homeless population with
case management and rental assistance
16 Base Housing Services:
◦ Regulatory Agreement Monitoring:
Annual for-sale affordable housing monitoring:
Verify owner occupancy, insurance coverage, & property taxes are current.
Annual rental project monitoring :
Compliance review of City’s Affordable Housing
Agreements.
Tenant income certifications & affordable unit count. Compliance with Local Housing Preference Policy.
Provided technical assistance with affordable housing properties
17 Base Housing Services:
◦ Loan Servicing:
Conducted annual owner occupancy monitoring
of all first-time homebuyer and rehabilitation
loans.
Verified homeowner insurance coverage and
property taxes and/or HCD title fees are paid
current.
Responded to loan payoff and refinance and
subordination requests.
Photo Source: Napa Register 18
Additional Housing Services
◦ 2019 HOME grant for $1million was awarded to
continue the down payment assistance and
homeowner repair program.
◦ Maintained grant financial records for the HOME,
CDBG, CalHome, and BEGIN grants. Submitted
required quarterly & annual grant reporting to HCD.
◦ Attended Meet Me In The Streets and
provided information and service applications.
19 Jonathen Sakamoto, HACN
Affordable Housing Representative, Housing
Division
Email [email protected]
20 HOUSING AUTHORITY
AMERICAN CANYON ANNUAL REPORT
HOUSING SERVICES AGREEMENT
JULY 1, 2024 - JUNE 30, 2025
CITY OF AMERICAN CANYON
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
A. COUNTYWIDE ACTIVITIES
1. Section 8 Housing Services
HUD funded very low income rental housing assistance
program administer Countywide – 84% City of Napa,
12% American Canyon, & 5% elsewhere in County
The Housing Authority of the City of Napa administers a $15 million Section 8 Housing Choice Voucher program providing 1171 rental assistance vouchers throughout the County of Napa. There are currently 147 households receiving rental assistance in the City of American Canyon with another 55 households on the Wait List.
Eight of the 147 American Canyon Voucher holders are
participating in the Family Self Sufficiency Program (FSS). The FSS Program is a program of the Housing Authority that helps Section 8 Rental Assistance Program participants receive services, education, and job training to be able to take care of their families.
Participants may receive referrals, help with goal-planning, and money for savings to help them become fully employed and independent.
There are currently 14 households in American Canyon that are receiving rental assistance through the Family Unification Program (FUPS). HACN works in collaboration with the Napa County Child Welfare Services to assist families whose lack of housing places their children outside the home or delays the return of the children to the home. This program also provides transitional housing for the older teens coming out of foster care to secure appropriate and safe housing.
There are currently 6 American Canyon households that receive assistance under our Non-Elderly Disabled Persons Voucher Program (NEDS). These special vouchers provide rental
assistance to non-elderly persons with disabilities and can be used to rent any market rate unit within Napa County.
HOUSING AUTHORITY
AMERICAN CANYON ANNUAL REPORT
HOUSING SERVICES AGREEMENT
JULY 1, 2024 - JUNE 30, 2025
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
Each household receiving rental assistance vouchers meets annually with a Housing Technician to re-certify income eligibility and to review program guidelines and regulations. Each housing unit assisted undergoes an annual or biennial Housing Quality Standards inspection by the Housing Inspector.
Section 8 - cont'd
Valley View Senior Homes includes 41 Section 8 vouchers including 34 project-based vouchers. Of these, 17 are VASH vouchers for chronically homeless veterans. The waitlist was opened last in 2022 and there are now 11 applicants on the waitlist.
The Housing Authority was awarded 52 Emergency Housing
Vouchers under the American Rescue Act. These vouchers can be used county wide and will be available to assist those who are currently homeless or at risk of becoming homeless or those fleeing domestic violence, sexual assault, or human trafficking. The Housing Authority worked with the County and other local housing agencies to issue these vouchers. There are currently 49 households using the Emergency Housing Vouchers there are 2 households in American Canyon utilizing the program.
2. Continuum of Care
Act as lead agency for the Countywide Continuum of
Care plan for delivery of Homelessness services and
projects.
Attended monthly Continuum of Care Committee meetings to represent the City of American Canyon to secure funding from the Federal Department of Housing and Urban Development for the purposes of supporting homeless services and housing programs.
This past year HUD renewed all current Continue of Care Grants in the total amount of $930,626 to assist the homeless population with case management and rental assistance.
B. BASE HOUSING SERVICES
1. Regulatory Agreement Monitoring Provide required annual monitoring of regulatory agreement units.
Mailed out annual owner occupancy certifications to homeowners in the Heritage Park, Chesapeake Homes, and Vineyard Crossing subdivisions. Verified fire insurance coverage and property taxes were paid on each property.
HOUSING AUTHORITY
AMERICAN CANYON ANNUAL REPORT
HOUSING SERVICES AGREEMENT
JULY 1, 2024 - JUNE 30, 2025
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
Provided annual monitoring on the City's Affordable Housing Agreements on Vineyard Crossing, Canyon Ridge Apartments, Village at Vintage Ranch, and Valley View Apartments. Reviewed tenant income certifications and compliance to affordable housing requirements and local housing preference policy.
Provided technical assistance with lease up and management of the regulated below market rate rental units.
2. Review development projects Technical assistance reviewing residential development plans to maximize affordable housing units.
Housing Manager and staff were available to provide technical assistance. When requested, Housing Manager and/or staff have attended City Council meetings to provide technical assistance.
3. Loan Servicing Provide loan servicing for CalHome, HOME, and CDBG homebuyer and rehab loans.
Annual owner occupancy certification monitoring was conducted on all down payment assistance and rehabilitation loans. Verified insurance coverage and property taxes and/or HCD fees were paid.
Reviewed and processed subordination requests from below market rate homeowners who were attempting to refinanced their first mortgage loans. Processed BMR, BEGIN, and CDBG Payoff Demands.
4. Affordable Housing Regulatory
Agreements
Review affordable housing agreements and make
recommendations
Housing staff has been available to assist with the review of any potential affordable housing agreements.
5. Annual Meeting with Staff and Council Report on year's activities Housing staff has reported and discussed various housing topics and issues with the City staff throughout the year.
HOUSING AUTHORITY
AMERICAN CANYON ANNUAL REPORT
HOUSING SERVICES AGREEMENT
JULY 1, 2024 - JUNE 30, 2025
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
C. ADDITIONAL HOUSING SERVICES
1. Additional Services HOME Grant - Homeowner Repair and Down Payment Assistance Programs
Housing staff received and processed applications, determined program eligibility, performed inspections, work write up, project management, and prepared loan documents. Under the current grant six households have been assisted and there are six approved applicants that will begin construction in the next fiscal year.
Additional Services-cont'd HOME, CalHome, and CDBG Grant applications Additionally, Housing staff maintained accurate financial accounting records for the CDBG, HOME, BEGIN, and CalHome Program grants and submitted reports to the City's Finance staff for review. All required quarterly and/or annual reporting was submitted to HCD on behalf of the City consistent with the requirements of each grant program.
CITY OF AMERICAN CANYON
REGULAR CITY COUNCIL MEETING
ACTION MINUTES
May 6, 2025
5:00 P.M. – CLOSED SESSION
CALL TO ORDER - CLOSED SESSION
The meeting was called to order at 5:00 p.m.
ROLL CALL - CLOSED SESSION
Present: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Absent: None
Excused: None
Councilmember David Oro arrived at 5:05 p.m.
PUBLIC COMMENTS - CLOSED SESSION ITEMS
Mayor Washington opened public comments. Written comments: none. Oral comments: None. The public comment period was closed.
MEETING RECESS - COUNCIL TO CONVENE IN CLOSED SESSION
5:00 P.M. CLOSED SESSION ITEMS
1. Conference with Legal Counsel – Anticipated Litigation. Authorized pursuant to Government Code Section 54956.9 (d)(2). Three (3) Matters.
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 Vallejo v. City of American Canyon et al. (Third District Court of Appeal Case No. C102070; formerly Sacramento County Superior Court Case No. 23WM000055).
c) City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 24WM000078).
d) City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No. CV0003752). e) City of American Canyon v. Rudy Ornelas Jr. (Napa County Superior Court Case No 25CV000776). 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 6:36 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
25 ROLL CALL - OPEN SESSION
Present: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Absent: None
Excused: None
REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION A report on Closed Session and confirmation of reportable action was given by City Attorney William Ross.
PROCLAMATIONS AND PRESENTATIONS
3. ACHS Link Crew Presentation
Council received a presentation from the American Canyon High School Link Crew students.
4. Special Recognition of Napa Valley Youth of the Year Melody Kondor Mayor Washington presented a special recognition honoring American Canyon youth Melody Kondor who was selected as Boys & Girls Club Napa Valley Youth of the Year. It was received by Melody.
5. Proclamation - May 2025 is Water Safety Month
Mayor Washington announced May 2025 as Water Safety Month. The proclamation was received by City of American Canyon lifeguards.
6. Proclamation: Asian American and Native Hawaiian - Pacific Islander Heritage Month Mayor Washington announced the Asian American and Native Hawaiian - Pacific Islander Heritage Month proclamation. It was received by Bobby Seronio, Jr., with his son Bobby Seronio III, and Planning Commissioner Davet Mohammed.
7. Proclamation: Older American's Month
Mayor Washington announced the Older American's Month proclamation. It was received by Anne Payne of Area Agency on Aging with Planning Commissioner Davet Mohammed representing Soroptimists and other members of the community.
PUBLIC COMMENTS - ITEMS NOT ON CLOSED SESSION OR OPEN SESSION AGENDA Mayor Washington opened public comments. Written comments: none. Oral comments: none. The public comment period was closed.
CONSENT CALENDAR
Action: Motion to adopt the Consent Calendar made by Councilmember David Oro, seconded by Councilmember Brando Cruz, and CARRIED by roll call vote.
Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Nays: None
Abstain: None
Absent: None
8. Report Upon Return from Closed Session - April 1, 2025 Action: Approved the Report Upon Return for Closed Session for April 1, 2025. 26 9. Minutes of April 15, 2025
Action: Approved the minutes from the Regular City Council meeting of April 15, 2025.
10. Report Upon Return from Closed Session - April 15, 2025 Action: Approved the Report Upon Return from Closed Session for April 15, 2025.
11. Minutes of April 29, 2025
Action: Approved the minutes of the Special City Council Closed Session Meeting of April 29, 2025.
12. Report Upon Return from Closed Session - April 29, 2025 Action: Approved the Report Upon Return from Closed Session for the Special City Council Closed Session meeting of April 29, 2025.
13. Water Bottle Filling Stations
Action: Adopted Resolution 2025-23 increasing the Fiscal Year 2024/25 Public Works Solid Waste Budget in the amount of $275,000 for the purchase and installation of water bottle refill stations, the purchase of beverage recycling receptacles and the purchase of a portable hydration station.
14. Notice of Completion for the Newell Open Space Improvements Project (PR13-0200) Action: Adopted Resolution 2025-24 accepting the project as complete and authorizing the Public Works Director to file a Notice of Completion (Agreement 2025-62) in conjunction with the Newell Open Space Improvements Project (PR13-0200).
15. Notice of Completion for the Benton Way Pavement Rehabilitation Project (TR22-0400) Action: Adopted Resolution 2025-25 accepting the project as complete, authorizing the Public Works Director to file a Notice of Completion (Agreement 2025-63), and releasing a Retention payment to Ghilotti Construction Company in conjunction with the Benton Way Pavement Rehabilitation Project (TR22-0400).
16. 2025 Military Equipment Inventory and Equipment Use Policy Action: Adopted Minute Order 2025-11 approving the 2025 Military Equipment Inventory and Equipment Use Policy.
17. Sourcewell Purchase of Two CXT, Inc. Denali Restrooms Action: Adopted Resolution 2025-26 increasing the project budget for the Northampton Park Restroom Project (PR23-0500) from $165,000 to $195,000, increasing the project budget for the Silver Oak Park Restroom Project (PR23-0700) from $165,000 to $195,000, and authorizing the purchase of two CXT Incorporated Denali restrooms in an aggregate amount not to exceed $300,654 in conjunction with the respective park projects.
18. Update City Classification Plan
Action: Adopted Resolution 2025-27 updating the City's Classification Plan.
19. Projects Funded by SB1/Road Maintenance and Rehabilitation Account (RMRA) for Fiscal Year 2025/26 Action: Adopted Resolution 2025-28 of the City Council of the City of American Canyon approving a list of projects for Fiscal Year 2025/26 funded by SB1: The Road Repair and Accountability Act of 2017.
20. Hampton Inn Hotel - Development Impact Fee Deferral Action: Adopted Resolution 2025-29 deferring the payment timing for certain Hampton Inn Hotel Impact Fees from prior to Building Permit issuance to prior to Certificate of Use and Occupancy; 3443 Broadway (BP24-0124)
AGENDA CHANGES
There were no changes to the agenda.
27 PUBLIC HEARINGS
There were no Public Hearing items.
BUSINESS
21. Measure U 5-Year Expenditure Plan for FY 2025/26 through FY 2029/30 Council received a Measure U 5-Year Expenditure Plan for FY 2025/26 through FY 2029/30 staff report and presentation from Public Works Director Erica Ahman Smithies. Mayor Washington opened public comments.
Written comments: none. Oral comments: none. The public comment period was closed.
Action: Motion to adopt Resolution 2025-30 approving a Five-Year Expenditure Plan for FY 2025/26 through FY 2029/30 under Measure U (Napa Countywide Road Maintenance Act.) made by Vice Mayor Mark Joseph, seconded by Councilmember Melissa Lamattina, and CARRIED by roll call vote.
Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Nays: None
Abstain: None
Absent: None
22. Rancho Del Mar Paving and Utility Improvements Project Construction Budget Council received a Rancho Del Mar Paving and Utility Improvements Project Construction Budget staff report from Public Works Director Erica Ahman Smithies. Mayor Washington opened public comments. Written comments:
none. Oral comments: none.
Action: Motion to adopt Resolution 2025-31 amending the FY2024-25 Capital Budget and increasing the Project Budget from $7,666,232 to $8,216,232 in conjunction with the Rancho Del Mar Paving and Utility Improvements Project (TR24-0300) made by Vice Mayor Mark Joseph, seconded by Councilmember David Oro, and CARRIED by roll call vote.
Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Nays: None
Abstain: None
Absent: None
23. Council Committee Appointments
Council received a Council Committee Appointments staff report from City Manager Jason Holley. Mayor Washington opened public comments. Written comments: none. Oral comments: none. The public comment period was closed.
Action: Motion to adopt Minute Order 2025-12 modifying the 2025 Council Committee Appointment List and creating a Communications subcommittee with Councilmember Oro and Mayor Washington as members made by Vice Mayor Mark Joseph, seconded by Councilmember David Oro, and CARRIED by roll call vote.
Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Nays: None
Abstain: None
Absent: None
28 24. AB 2561 Presentation on Staff Vacancies, and Recruitment & Retention Efforts in 2024 Council received an AB 2561 Presentation on Staff Vacancies, and Recruitment & Retention Efforts in 2024 staff report from Human Resources Officer II Scott Corey. Mayor Washington opened public comments. Written comments: none. Oral comments: none. The public comment period was closed. No action was taken on this matter.
MANAGEMENT AND STAFF ORAL REPORTS
25. Public Works Utilities Update
Council received a Public Works Utilities Update from Assistant Public Works Director Norman Woods. An additional oral update was given by Community Development Director Brent Cooper.
MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS
The mayor and council members provided oral reports and announced items of community interest.
26. City Council Committee Report - Councilmember Cruz
27. City Council Committee Report - Mayor Washington
FUTURE AGENDA ITEMS
28. Future Agenda Items of Note
Action: Motion to add to a future agenda Parking Issue/Options for Broadway Project made by Councilmember David Oro, seconded by Vice Mayor Mark Joseph, and CARRIED by roll call vote.
Ayes: Councilmember Brando Cruz, Councilmember Melissa Lamattina, Councilmember David Oro, Vice Mayor Mark Joseph, Mayor Pierre Washington
Nays: None
Abstain: None
Absent: None
Excused: None
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
CERTIFICATION
Respectfully Submitted,
_____________________________________
Taresa Geilfuss, City Clerk
29 MAY 6, 2025 CITY COUNCIL MEETING
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Special recognition for Napa Valley Youth of the Year
Melody Kondor.
Water Safety Month: Proclamation received by
Recreation Coordinator Ashley Logan and lifeguards
Dominic Losado, Dougie Rennie and Kaiden Capulong.
Asian American and Native Hawaiian - Pacific
Islander Heritage Month: Bobby Seronio,Jr., his son
Bobby Seronio III and Planning Commissioner Davet
Mohammed received the proclamation.
Older American’s Month: Anne Payne of Area Agency
on Aging, Planning Commissioner Davet Mohammed
representing Soroptimists and other members of the
community received the proclamation.
Presentations
Received a presentation on
gambling from the American
Canyon High School Link
Crew students.
Adopted a resolution approving the 5-year Measure U expenditure plan.
Adopted a resolution amending the Rancho Del Mar Paving and Utility Improvements project budget.
Adopted a Minute Order modifying the 2025 Council Committee Appointment List.
Received the AB 2561 presentation on staff vacancies and recruitment and retention efforts in 2024.
30 William D. Ross
David P. Schwarz
Kypros G. Hostetter
Christina M. Bellardo
Law Offices of
William D. Ross
400 Lambert Avenue
Palo Alto, California 94306
Telephone: (650) 843-8080
www.lawross.com
Los Angeles Office:
11420 Santa Monica Blvd
#25532
Los Angeles, CA 90025
File No: 199/6
May 13, 2025
VIA E-MAIL
The Honorable Pierre Washington, Mayor
and Members of the City Council
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
Re: Report Upon Return from Closed Session; Regular City Council Closed Session Meeting of the American Canyon City Council of May 6, 2025 Dear Mayor Washington and Members of the City Council:
This communication sets forth reportable action, if any, of the City Council (“Council”) of the City of American Canyon (“City”), consistent with provisions of the Ralph M. Brown Opening Meeting Act (Government Code Section 54950, et seq.) resulting from the Closed Session of the Regular City Council Closed Session Meeting of May 6, 2025, consistent with Government Code Section 54957.1.
Mayor Washington called the Meeting to order in Open Session at 5:00 p.m. and after ascertaining that there were no public comments on the matters agendized for Closed Session consideration, adjourned to Closed Session at 5:00 p.m. to address the Closed Session Agenda.
Council Member Oro joined the Closed Session at 5:06 p.m.
There were two (2) matters were agendized for Closed Session consideration:
1. Conference with Legal Counsel – Anticipated Litigation Authorized pursuant to Government Code Section 54956.9(d)(2). Three (3) Matters.
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 Vallejo v. City of American Canyon et al. (Third District Court of Appeal Case No. C102070; formerly Sacramento County Superior Court Case No. 23WM000055).
31 The Honorable Pierre Washington, Mayor
and Members of the City Council
May 13, 2025
c. City of Vallejo v. City of American Canyon et al. (Sacramento County Superior Court Case No. 24WM000078).
d. City of Vallejo v. City of American Canyon et al. (Marin County Superior Court Case No. CV0003752).
e. City of American Canyon v. Rudy Ornelas Jr. (Napa County Superior Court Case No 25CV000776).
With respect to each of the three (3) matters considered under Closed Session Agenda Item No. 1., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(2).
With respect to Closed Session Agenda Item Nos. 2.a. through 2.d., there was no reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).
With respect to Closed Session Agenda Item Nos. 2.e., City of American Canyon v. Rudy Ornelas Jr. (Napa County Superior Court Case No 25CV000776), there was reportable action in the form of confirming the Court Ruling that a permanent Workplace Violence Restraining Order was granted for three (3) years, consistent with the request of the City. Except as indicated, there was no other reportable action under the common law attorney-client privilege and that provided by Government Code Section 54956.9(d)(1).
The Closed Session concluded at 6:27 p.m.
After convening in Open Session, City Attorney Ross stated that a written report upon return from Closed Session consistent with Government Code Section 54957.1 would be prepared concerning the matters agendized for Closed Session review.
This communication should be reviewed under the Consent portion of the Agenda of your next Regular or Special City Council Meeting.
Should you have questions concerning this Report, it may be taken off the Consent calendar when agendized in the future, or our office may be contacted in the interim.
Very truly yours,
William D. Ross
City Attorney
32 The Honorable Pierre Washington, Mayor
and Members of the City Council
May 13, 2025
WDR:jf
cc: Jason B. Holley, City Manager
Juan Gomez, Assistant City Manager
Taresa Geilfuss, City Clerk
33 CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 12.
TITLE
Notice of Completion for Playground Replacement Project (PR21-0100)
RECOMMENDATION
Adopt a Resolu-on accep-ng the Playground Replacement Project (PR21-0100) for Linwood Park, Via Bellagio Park, and Northampton Park as complete and authorizing the Public Works Director to file a Notice of Completion.
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
Alexandra Ikeda, Parks and Recreation Director
BACKGROUND & ANALYSIS
On November 15, 2022, City Council approved the Playground Replacement Project (PR21-0100), established a Project Budget in the amount of $679,892, authorized the City Manager to award a construc-on and equipment purchase agreement with Miracle PlaySystems, Inc., and authorized the Public Works Director to approve and execute contract change orders in an aggregated amount not to exceed the project budget.
The project included playground replacements at Via Bellagio Park, Linwood Park, and Northampton Park. Northampton Park contains universal and "all-access" play experiences to meet the accessibility needs of our community.
There were three change orders on this project totaling $28,551.41. The change orders were for third party safety inspec-ons of the playground equipment and surfaces at each park, modifica-ons at Linwood to install a climbing structure and making field modifica-ons at Linwood to ensure ADA compliant access. The cost for this work was within the allowed project budget.
Miracle PlaySystems has completed the contract work, including Contract Change Orders No. 1-3, to the sa-sfac-on of the Public Works Director, at a final contract cost of $644,965.23. Addi-onal costs were for addi-onal mulch at Linwood and project signage at an amount of $10,554.91 for a total project cost of $655,520.14. Staff recommends the Council accept the work as complete and approve a Notice of Completion.
34 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Outdoors and Recrea-on: "Expand opportuni-es for use of outdoor recrea-on and an ac-ve and healthy lifestyle."
FISCAL IMPACT
The source of the $679,892 project budget was $476,980 from the Park Impact Fee Fund, $177,912 from the 2018 Parks Bond Act Per Capital Grant (Proposi-on 68), and $25,000 from the LLAD Fund for Via Bellagio Park.
ENVIRONMENTAL REVIEW
15302 - The Project is exempt from review under the California Environmental Quality Act ("CEQA") under the Class 2 exemp-on of replacement or reconstruc-on of exis-ng facili-es of Sec-on 15302 of Title 14 of the California Code of Regula-ons and said exemp-on is not negated by any excep-on under Section 15300.2 of said Regulations.
ATTACHMENTS:
1. Resolution - Playground Replacement
2. Notice of Completion - Playground Replacement
35 RESOLUTION NO. 2025‐______
A RESOLUTION ACCEPTING THE PLAYGROUND REPLACEMENT PROJECT (PR21‐0100)
FOR LINWOOD PARK, VIA BELLAGIO PARK, AND NORTHAMPTON PARK AS COMPLETE
AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WHEREAS, the Playground Replacement Project included playground replacements at Via Bellagio Park, Linwood Park, and Northampton Park; and
WHEREAS, on November 15, 2022, City Council approved the Playground Replacement Project (PR21‐ 0100), established a Project Budget in the amount of $679,892, authorized the City Manager to award a construction and equipment purchase agreement with Miracle PlaySystems, Inc., and authorized the Public Works Director to approve and execute contract change orders in an aggregated amount not to exceed the project budget; and
WHEREAS, total project expenditures, including the construction contract, project support, and miscellaneous expenses, is estimated at $655,520; and
WHEREAS, all contracted work, including Contract Change Order Nos. 1, 2 and 3, have been completed at a total construction contract cost of $644,965.23; and
WHEREAS, Miracle PlaySystems, Inc. has completed all of the contracted work to the satisfaction of the Public Works Director.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby accepts the Playground Replacement Project (PR21‐0100) 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 20th day of May, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 36 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 PLAYGROUND REPLACEMENT PROJECT (PR21-0100), which consists of replacing playground structures at Via Bellagio Park, Linwood Park, and Northampton Park in American Canyon.
4. That on the 20th day of May, 2025, 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.
P.O. Box 263
Alamo, CA 94507
6. That the name and address of the transferor is:
Miracle Playsystems, Inc.
P.O. Box 263
Alamo, CA 94507
7. That the real property referred to herein is situated in the County of Napa, State of California, at the following locations within the City of American Canyon, California:
1. Via Bellagio Park, 108 Via Bellagio; 2. Linwood Park, 285 Linwood Lane; and 3.
Northampton Park, 242 Northampton Drive
By: CITY OF AMERICAN CANYON
___________________________________ _________________
Erica Ahmann Smithies, P.E. Date
Public Works Director
37 CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 13.
TITLE
Quarterly Investment Report for City and Fire District for Fiscal Year 2024-25 Quarter 3
RECOMMENDATION
Receive and file the City and Fire District’s Treasurer’s Report for the quarter ended March 31, 2025.
CONTACT
Jemelyn Cruz, Finance Director
BACKGROUND & ANALYSIS
The City’s Investment Policy requires; the Treasurer to submit a quarterly investment report to the City Council. The report (A6achment 1) for the quarter ended March 31, 2025, includes investment transac8ons for both the City and Fire District. The report shows the City’s cash and investment book balance, including debt reserves and unspent proceeds, was $103,340,485. The Fire District’s book balance was $5,336,165.
The City’s diversified por@olio includes $24.3 million invested in the California State Treasurer’s Office Local Agency Investment Fund (LAIF),$26.3 million invested in the California Asset Management Program and$44.7 million managed by Chandler Asset Management. The funds managed by Chandler are invested in U.S. Treasury Notes, Federal Agency Securities, Asset Backed Securities, U.S. Corporate Notes, Supranational Securities, and FDIC insured Corporate Notes.
The Fire District maintains cash and investment accounts separately from the City. The book value of the District’s total por@olio is $4.6 million. All cash not needed to meet the current opera8onal requirements of the Fire District is invested with Local Agency Investment Fund (LAIF).
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The recommended action will have no impact on the city’s budget. 38 ENVIRONMENTAL REVIEW
Not Applicable
ATTACHMENTS:
1. Investment Report March 31, 2025.pdf
2. Chandler Investment Holdings March 31, 2025.pdf
39 Investment Report
For the Quarter Ended
March 31, 2025
ATTACHMENT 1
City of American Canyon
Operating and Capital Funds Book Value Market Value Book Yield (1) % of Portfolio Cash - Petty 2,000 $ 2,000 $ 0.00%
Cash - Westamerica Bank 767,757 767,757 0.30% 0.80%
Local Agency Investment Fund 24,310,552 24,331,197 4.48% 25.28% California Asset Management Program 26,357,990 26,357,990 4.73% 27.41% Asset Backed Securities 1,531,603 1,535,650 4.49% 1.59% Federal Agency Securities 3,137,592 3,143,341 4.12% 3.26% Collaterial Mortgage Obligations 916,327 917,828 4.27% 0.95% Corporate Notes 7,621,053 7,595,920 4.54% 7.92%
Money Market Fund 108,414 108,414 3.97% 0.11%
Cash 3,922 3,922 0.00%
Supranational 1,360,489 1,365,032 4.16% 1.41%
U.S. Treasury Notes 30,048,433 15,353,542 3.93% 31.25%
TOTAL OPERATING CASH 81,482,592 96,166,132 4.33% 100.00% Debt Reserves and Proceeds
Debt Service Reserves
602 - American Canyon Road 726,225 726,225
603 - CFD 5,778,960 5,778,960
Capital Reserve
601 - 2004 Reassessment 348,113 348,113
360 - AmCyn Road East 321,055 321,055
TOTAL DEBT & CAPITAL RESERVES 7,174,353 7,174,353
TOTAL CASH AND INVESTMENTS - CITY $ 103,340,485 $ 88,656,945 (1) The weighted average yield as operating and capital funds for the month ended 12/31/2024 was 4.33%. 40 Investment Report
For the Quarter Ended
March 31, 2025
ATTACHMENT 1
American Canyon Fire Protection District
Description Book Value Market Value Book Yield (2) % of Portfolio Cash - Westamerica Bank $ 689,551 689,551 0.30% 12.92%
Local Agency Investment Fund 4,646,614 4,650,560 4.62% 87.08% TOTAL CASH AND INVESTMENTS - FIRE DISTRICT $ 5,336,165 $ 5,340,110 4.06% 100.00% (2) The weighted average yield for the month ended 12/31/2024 was 4.06%.
The investments, as shown above, are in conformance with the Investment Policy or bond agreements There are sufficient funds to meet the City's budgeted financial obligations for the next six months.
Submitted,
Jemelyn Cruz
Finance Director/Treasurer
41 MONTHLY ACCOUNT STATEMENT
City of American Canyon | Account #10130 | As of March 31, 2025 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:
US Bank
42 CONFIDENTIAL | 2
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality (S&P)
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (07/01/10)
City of American Canyon 0.51% 2.06% 2.06% 5.58% 4.41% 2.89% 1.21% 1.75% 1.70% Benchmark Return 0.52% 2.00% 2.00% 5.50% 3.96% 2.49% 0.71% 1.47% 1.46% Average Modified Duration 2.63
Average Coupon 3.51%
Average Purchase YTM 3.71%
Average Market YTM 4.15%
Average Credit Quality* AA+
Average Final Maturity 3.02
Average Life 2.70
End Values as of
02/28/2025
End Values as of
03/31/2025
Market Value 29,889,897.96 30,023,649.15
Accrued Interest 188,167.54 208,405.29
Total Market Value 30,078,065.50 30,232,054.44
Income Earned 71,525.50 91,203.98
Cont/WD 5,000,000.00 0.00
Par 30,113,061.46 30,219,076.79
Book Value 29,975,865.07 30,048,433.29
Cost Value 29,887,733.37 29,956,074.54
Government of The United States 51.14%
Federal Home Loan Banks 4.31%
International Bank for Recon and Dev 3.10%
FHLMC 3.06%
Farm Credit System 2.64%
FNMA 1.98%
Federal Home Loan Mortgage Corp 1.54%
JPMorgan Chase & Co. 1.33%
**Periods over 1 year are annualized.
Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index Secondary Benchmark:
*The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 43 CONFIDENTIAL | 3
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 100.0 3.1 Compliant
Max % Issuer (MV) 30.0 3.0 Compliant
Max Maturity (Years) 5.0 4.6 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 5.1 Compliant
Max % Issuer (MV) 5.0 0.9 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant
CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
COLLATERALIZED BANK DEPOSITS
Max % Issuer (MV) 5.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant
CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 25.3 Compliant
Max % Issuer (MV) 5.0 1.3 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
44 CONFIDENTIAL | 4
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
FEDERAL AGENCIES
Max % (MV) 100.0 10.5 Compliant
Max % Issuer (MV) 30.0 4.3 Compliant
Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 4 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.4 Compliant
Max % Issuer (MV) 20.0 0.4 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, OTHER STATES)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
45 CONFIDENTIAL | 5
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant
REPURCHASE AGREEMENTS
Max Maturity (Years) 1.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 4.5 Compliant
Max % Issuer (MV) 10.0 3.1 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 51.1 Compliant
Max Maturity (Years) 5 4 Compliant
46 CONFIDENTIAL | 6
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Book Value 29,975,865.07 24,562,565.58
Maturities/Calls 0.00 (455,000.00)
Principal Paydowns (55,088.91) (719,470.69)
Purchases 2,481,756.00 16,698,703.03
Sales (2,360,039.16) (9,957,934.06)
Change in Cash, Payables, Receivables 1,706.17 (14,526.35) Amortization/Accretion 4,234.13 26,652.09
Realized Gain (Loss) (0.01) (92,556.30)
Ending Book Value 30,048,433.30 30,048,433.30
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Market Value 29,889,897.96 23,913,728.98
Maturities/Calls 0.00 (455,000.00)
Principal Paydowns (55,088.91) (719,470.69)
Purchases 2,481,756.00 16,698,703.03
Sales (2,360,039.16) (9,957,934.06)
Change in Cash, Payables, Receivables 1,706.17 (14,526.35) Amortization/Accretion 4,234.13 26,652.09
Change in Net Unrealized Gain (Loss) 61,182.96 624,052.46 Realized Gain (Loss) (0.01) (92,556.30)
Ending Market Value 30,023,649.15 30,023,649.15
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date (455,000.00)
Principal Paydowns
Month to Date (55,088.91)
Fiscal Year to Date (719,470.69)
Purchases
Month to Date 2,481,756.00
Fiscal Year to Date 16,698,703.03
Sales
Month to Date (2,360,039.16)
Fiscal Year to Date (9,957,934.06)
Interest Received
Month to Date 76,496.95
Fiscal Year to Date 603,050.76
Purchased / Sold Interest
Month to Date (9,764.85)
Fiscal Year to Date (35,814.95)
47 CONFIDENTIAL | 7
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
43815GAC3 HAROT 2021-4 A3 0.88
01/21/2026 4,094.04 11/16/20210.89%
4,093.17
4,093.89
99.66 4.86%
4,080.12
1.00 0.01%
(13.76)
AAA/NA
AAA
0.81 0.08
47789QAC4 JDOT 2021-B A3 0.52
03/16/2026 1,516.27 07/13/20210.52%
1,516.14
1,516.25
99.82 5.22%
1,513.54
0.35 0.01%
(2.71)
AAA/NA
AAA
0.96 0.04
43815BAC4 HAROT 2022-1 A3 1.88
05/15/2026 22,956.63 02/15/20221.89%
22,953.18
22,955.79
99.46 4.73%
22,833.08
19.18 0.08%
(122.71)
AAA/AAA
NA
1.12 0.19
05602RAD3 BMWOT 2022-A A3 3.21
08/25/2026 16,048.60 05/10/20223.63%
16,047.76
16,048.38
99.68 4.55%
15,997.28
8.59 0.05%
(51.10)
AAA/AAA
NA
1.40 0.24
89238FAD5 TAOT 2022-B A3 2.93
09/15/2026 23,102.24 04/07/20223.09%
23,101.70
23,102.10
99.56 4.55%
23,000.95
30.08 0.08%
(101.16)
AAA/AAA
NA
1.46 0.27
47787JAC2 JDOT 2022 A3 2.32 09/15/2026 18,258.15 03/10/2022
2.34%
18,254.11
18,256.92
99.48 4.16%
18,162.85
18.83 0.06%
(94.07)
AAA/NA
AAA
1.46 0.28
362554AC1 GMCAR 2021-4 A3 0.68
09/16/2026 6,187.20 10/13/20210.68%
6,187.04
6,187.17
99.47 4.91%
6,154.71
1.75 0.02%
(32.46)
AAA/AAA
NA
1.46 0.12
448977AD0 HART 2022-A A3 2.22
10/15/2026 13,398.90 03/09/20222.23%
13,398.39
13,398.77
99.56 4.39%
13,340.22
13.22 0.04%
(58.55)
NA/AAA
AAA
1.54 0.20
380146AC4 GMCAR 2022-1 A3 1.26
11/16/2026 7,344.57 01/11/20221.24%
7,343.93
7,344.42
99.47 4.55%
7,305.91
3.86 0.02%
(38.50)
NA/AAA
AAA
1.63 0.16
362585AC5 GMCAR 2022-2 A3 3.1
02/16/2027 24,649.25 04/05/20223.13%
24,644.10
24,647.40
99.49 4.67%
24,522.47
31.84 0.08%
(124.93)
AAA/AAA
NA
1.88 0.33
47800AAC4 JDOT 2022-B A3 3.74
02/16/2027 44,902.40 07/12/20223.77%
44,898.11
44,900.87
99.62 4.59%
44,729.67
74.64 0.15%
(171.20)
AAA/NA
AAA
1.88 0.47
02582JJT8 AMXCA 2022-2 A 3.39
05/17/2027 210,000.00 05/17/20223.42%
209,953.55
209,997.29
99.84 4.72%
209,670.51
316.40
0.70%
(326.78)
NA/AAA
AAA
0.12 0.12
47800BAC2 JDOT 2022-C A3 5.09
06/15/2027 96,249.94 10/12/20223.29%
96,242.47
96,246.60
100.30
4.63%
96,542.91
217.74
0.32%
296.31
AAA/NA
AAA
2.21 0.58
58768PAC8 MBART 2022-1 A3 5.21
08/16/2027 125,555.43 11/15/20225.27%
125,530.60
125,543.36
100.29
4.70%
125,922.19
290.73
0.42%
378.83
AAA/AAA
NA
2.38 0.51
05592XAD2 BMWOT 2023-A A3 5.47
02/25/2028 42,477.24 07/11/20235.47%
42,469.71
42,472.50
100.66
4.59%
42,757.28
38.73 0.14%
284.79
NA/AAA
AAA
2.91 0.70
161571HT4 CHAIT 2023-1 A 5.16 09/15/2028 255,000.00 09/07/2023
5.17%
254,929.31
254,951.13
101.13
4.39%
257,888.64
584.80
0.86%
2,937.51
NA/AAA
AAA
3.46 1.37
43813YAC6 HAROT 2024-3 A3 4.57
03/21/2029 150,000.00 08/09/20244.68%
149,976.44
149,979.58
100.42
4.36%
150,625.65
190.42
0.50%
646.07
AAA/NA
AAA
3.97 1.65
48 CONFIDENTIAL | 8
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
34535VAD6 FORDO 2024-D A3 4.61
08/15/2029 145,000.00 11/19/20244.66%
144,995.35
144,995.70
100.64
4.34%
145,928.99
297.09
0.49%
933.29
AAA/NA
AAA
4.38 2.01
47800DAD6 JDOT 2025 A3 4.23 09/17/2029 145,000.00 03/04/2025
5.09%
144,990.88
144,991.00
99.92 4.30%
144,885.77
392.31
0.48%
(105.23)
AAA/NA
AAA
4.47 2.38
44935CAD3 HART 2025-A A3 4.32
10/15/2029 180,000.00 03/04/20254.84%
179,973.45
179,973.77
99.88 4.42%
179,786.84
410.40
0.60%
(186.92)
NA/AAA
AAA
4.54 2.06
Total ABS 1,531,740.86 4.41%
1,531,499.40
1,531,602.87
100.26
4.49%
1,535,649.59
2,941.94
5.11%
4,046.72
2.96 1.20
AGENCY
3137EAEU9
FEDERAL HOME LOAN
MORTGAGE CORP 0.375
07/21/2025
190,000.00 07/21/2020
0.48%
189,053.80
189,942.42
98.82 4.29%
187,756.04
138.54
0.63%
(2,186.38)
AAA/AA
AA
0.31 0.30
3135G05X7 FEDERAL NATIONAL MORTGAGE
ASSOCIATION 0.375 08/25/2025 305,000.00 08/25/20200.47% 303,572.60
304,885.75
98.46 4.28%
300,312.26
114.38
1.00%
(4,573.49)
AAA/AA
AA
0.40 0.39
3137EAEX3
FEDERAL HOME LOAN
MORTGAGE CORP 0.375
09/23/2025
280,000.00 09/23/2020
0.44%
279,157.20
279,919.14
98.14 4.35%
274,793.07
23.33 0.92%
(5,126.07)
AAA/AA
AA
0.48 0.47
3135G06G3 FEDERAL NATIONAL MORTGAGE
ASSOCIATION 0.5 11/07/2025 300,000.00 11/09/20200.57%
298,926.00
299,870.25
97.73 4.37%
293,191.59
600.00
0.98%
(6,678.66)
AAA/AA
AA
0.61 0.59
3130ATUC9 FEDERAL HOME LOAN BANKS 4.5
12/12/2025 450,000.00 02/08/20234.21%
453,393.00
450,834.34
100.21
4.18%
450,960.39
6,131.25
1.50%
126.05
AAA/AA
AA
0.70 0.67
3130AWMN7 FEDERAL HOME LOAN BANKS
4.375 06/09/2028 300,000.00 07/26/20234.27%
301,350.00
300,884.06
101.34
3.92%
304,008.50
4,083.33
1.01%
3,124.44
AAA/AA
AA
3.19 2.92
3130AWTR1 FEDERAL HOME LOAN BANKS
4.375 09/08/2028 280,000.00 09/12/20234.51%
278,350.80
278,863.12
101.48
3.91%
284,155.46
782.64
0.95%
5,292.34
AAA/AA
AA
3.44 3.16
3133EPWK7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 09/22/2028 280,000.00 09/22/20234.66%
278,023.20
278,623.61
101.62
3.99%
284,544.99
315.00
0.95%
5,921.38
AAA/AA
AA
3.48 3.19
3133EPN50 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.25 12/15/2028 250,000.00 12/28/20233.88% 254,180.00
253,121.74
100.83
4.00%
252,080.58
3,128.47
0.84%
(1,041.17)
AAA/AA
AA
3.71 3.36
3130AVBD3 FEDERAL HOME LOAN BANKS 4.5
03/09/2029 250,000.00 04/22/20244.71%
247,680.00
248,126.81
101.94
3.96%
254,852.30
687.50
0.85%
6,725.49
AAA/AA
AA
3.94 3.58
3133ERDH1 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 04/30/2029 250,000.00 05/21/20244.47% 253,052.50
252,521.19
102.67
4.03%
256,685.82
4,980.90
0.85%
4,164.63
AAA/AA
AA
4.08 3.62
Total Agency 3,135,000.00 3.07%
3,136,739.10
3,137,592.43
100.29
4.12%
3,143,340.99
20,985.35
10.47%
5,748.56
2.14 1.96
49 CONFIDENTIAL | 9
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
AGENCY CMBS
3137FG6X8 FHMS K-077 A2 3.85 05/25/2028 460,000.00 05/24/2023
4.24%
451,554.69
454,711.11
98.77 4.23%
454,339.38
1,475.83
1.51%
(371.73)
AAA/AA
AAA
3.15 2.84
3137FQ3Z4 FHMS K-101 A2 2.524
10/25/2029 500,000.00 03/13/20254.41%
461,289.06
461,615.93
92.70 4.31%
463,488.55
1,051.67
1.54%
1,872.62
AAA/AA
AA
4.57 4.16
Total Agency
CMBS 960,000.00 4.33%
912,843.75
916,327.04
95.70 4.27%
917,827.93
2,527.50
3.06%
1,500.88
3.87 3.51
CASH
CCYUSD Receivable 3,922.09 --
0.00%
3,922.09
3,922.09
1.00 0.00%
3,922.09
0.00 0.01%
0.00 AAA/AAA
AAA
0.00 0.00
Total Cash 3,922.09 0.00%
3,922.09
3,922.09
1.00 0.00%
3,922.09
0.00 0.01%
0.00 0.00
0.00 CORPORATE
037833DT4 APPLE INC 1.125 05/11/2025 155,000.00 09/16/2021
0.82%
156,643.00
155,012.81
99.62 4.58%
154,405.35
678.13
0.51%
(607.46)
AAA/AA
NA
0.11 0.11
91324PEC2 UNITEDHEALTH GROUP INC 1.15
05/15/2026 350,000.00 --1.43%
345,778.05
348,924.07
96.56 4.32%
337,974.05
1,520.56
1.13%
(10,950.02)
A/A
A
1.12 1.09
89236TJK2 TOYOTA MOTOR CREDIT CORP
1.125 06/18/2026 350,000.00 --1.15%
349,529.80
349,880.78
96.29 4.30%
337,000.42
1,126.56
1.12%
(12,880.36)
A/A
A
1.22 1.18
06051GJD2 BANK OF AMERICA CORP 1.319
06/19/2026 200,000.00 09/16/20211.22%
200,670.00
200,042.93
99.29 5.37%
198,570.57
747.43
0.66%
(1,472.36)
A/A
AA
1.22 0.21
06368FAC3 BANK OF MONTREAL 1.25
09/15/2026 100,000.00 09/23/20211.39%
99,311.00
99,797.93
95.54 4.45%
95,538.47
55.56 0.32%
(4,259.46)
A/A
AA
1.46 1.41
931142ER0 WALMART INC 1.05 09/17/2026 40,000.00 09/08/2021
1.09%
39,924.40
39,977.89
95.76 4.06%
38,305.76
16.33 0.13%
(1,672.13)
AA/AA
AA
1.47 1.42
89114TZN5 TORONTO-DOMINION BANK
1.95 01/12/2027 300,000.00 01/25/20222.11%
297,689.85
299,169.57
95.70 4.49%
287,110.82
1,283.75
0.96%
(12,058.75)
A/A
AA
1.79 1.71
87612EBM7 TARGET CORP 1.95 01/15/2027 135,000.00 01/19/2022
1.99%
134,770.50
134,917.40
96.25 4.14%
129,938.10
555.75
0.43%
(4,979.29)
A/A
A
1.79 1.72
808513BY0 CHARLES SCHWAB CORP 2.45
03/03/2027 75,000.00 03/01/20222.47%
74,919.00
74,968.91
96.48 4.38%
72,360.19
142.92
0.24%
(2,608.72)
A/A
A
1.92 1.85
084664CZ2 BERKSHIRE HATHAWAY FINANCE
CORP 2.3 03/15/2027 220,000.00 03/07/20222.30%
219,958.20
219,983.68
96.69 4.08%
212,709.91
224.89
0.71%
(7,273.76)
AA/AA
A
1.96 1.88
50 CONFIDENTIAL | 10
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
023135CF1 AMAZON.COM INC 3.3
04/13/2027 150,000.00 04/25/20223.34%
149,740.50
149,893.74
98.32 4.17%
147,481.07
2,310.00
0.49%
(2,412.66)
A/AA
AA
2.04 1.91
74340XBN0 PROLOGIS LP 2.125 04/15/2027 325,000.00 11/09/2022
5.15%
286,419.25
307,204.54
95.66 4.37%
310,904.16
3,184.55
1.04%
3,699.62
A/A
NA
2.04 1.94
927804GH1 VIRGINIA ELECTRIC AND POWER
CO 3.75 05/15/2027 65,000.00 05/16/20223.82%
64,797.20
64,913.28
98.69 4.40%
64,151.61
920.83
0.21%
(761.67)
A/BBB
A
2.12 1.99
14913R3A3 CATERPILLAR FINANCIAL
SERVICES CORP 3.6 08/12/2027 180,000.00 08/22/20223.81% 178,277.40
179,180.48
98.56 4.24%
177,414.98
882.00
0.59%
(1,765.51)
A/A
A
2.37 2.23
931142EX7 WALMART INC 3.95 09/09/2027 140,000.00 --
3.98%
139,833.40
139,919.18
99.72 4.07%
139,610.17
337.94
0.47%
(309.00)
AA/AA
AA
2.44 2.30
06051GGF0 BANK OF AMERICA CORP 3.824
01/20/2028 200,000.00 04/10/20235.10%
191,298.00
195,841.47
98.73 5.11%
197,466.20
1,508.36
0.66%
1,624.74
A/A
AA
2.81 1.71
79466LAF1 SALESFORCE INC 3.7 04/11/2028 250,000.00 08/23/2023
4.84%
238,280.00
242,334.52
98.52 4.23%
246,288.27
4,368.06
0.82%
3,953.74
A/A
NA
3.03 2.78
74456QBU9 PUBLIC SERVICE ELECTRIC AND
GAS CO 3.7 05/01/2028 250,000.00 09/06/20235.10%
235,697.50
240,509.95
98.11 4.36%
245,283.68
3,854.17
0.82%
4,773.73
A/A
NA
3.08 2.83
037833ET3 APPLE INC 4.0 05/10/2028 50,000.00 05/08/2023
4.04%
49,903.50
49,940.05
99.96 4.01%
49,980.86
783.33
0.17%
40.81 AAA/AA
NA
3.11 2.85
02665WEM9 AMERICAN HONDA FINANCE
CORP 5.125 07/07/2028 200,000.00 08/17/20235.33%
198,238.00
198,820.39
101.68
4.56%
203,363.62
2,391.67
0.68%
4,543.23
A/A
A
3.27 2.95
46647PDG8 JPMORGAN CHASE & CO 4.851
07/25/2028 200,000.00 08/04/20235.27%
197,018.00
198,258.61
100.64
5.07%
201,277.65
1,778.70
0.67%
3,019.04
A/A
AA
3.32 2.15
69371RS80 PACCAR FINANCIAL CORP 4.6
01/31/2029 305,000.00 01/24/20244.64%
304,502.85
304,618.77
100.66
4.41%
307,019.38
2,377.31
1.02%
2,400.61
A/A
NA
3.84 3.45
78016HZV5 ROYAL BANK OF CANADA 4.95
02/01/2029 300,000.00 08/26/20244.30%
307,740.00
306,702.58
101.31
4.57%
303,942.58
2,475.00
1.01%
(2,760.01)
A/A
AA
3.84 3.44
17275RBR2 CISCO SYSTEMS INC 4.85
02/26/2029 275,000.00 03/14/20244.74%
276,287.00
276,012.20
101.78
4.35%
279,907.35
1,296.70
0.93%
3,895.15
A/AA
NA
3.91 3.44
61747YFD2 MORGAN STANLEY 5.164
04/20/2029 300,000.00 05/30/20245.44%
297,084.00
297,710.32
101.36
4.97%
304,066.64
6,928.37
1.01%
6,356.31
A/A
A
4.05 2.74
91159HJM3 US BANCORP 5.775 06/12/2029 300,000.00 06/20/2024
5.26%
305,430.00
304,367.93
103.13
5.07%
309,401.98
5,245.63
1.03%
5,034.05
A/A
A
4.20 2.85
437076DC3 HOME DEPOT INC 4.75
06/25/2029 105,000.00 06/17/20244.90%
104,322.75
104,426.60
101.23
4.43%
106,287.25
1,330.00
0.35%
1,860.65
A/A
A
4.24 3.69
756109CB8 REALTY INCOME CORP 4.0
07/15/2029 300,000.00 09/27/20244.32%
295,881.00
296,311.98
97.33 4.69%
291,987.39
2,533.33
0.97%
(4,324.58)
A/A
NA
4.29 3.86
51 CONFIDENTIAL | 11
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
171239AL0 CHUBB INA HOLDINGS LLC 4.65
08/15/2029 300,000.00 09/19/20244.06%
307,731.00
306,882.74
100.84
4.43%
302,528.44
1,782.50
1.01%
(4,354.30)
A/A
A
4.38 3.83
46647PAX4 JPMORGAN CHASE & CO 4.452
12/05/2029 200,000.00 12/09/20244.72%
198,072.00
198,220.31
99.30 4.90%
198,609.29
2,869.07
0.66%
388.98
A/A
AA
4.68 3.31
26442CBA1 DUKE ENERGY CAROLINAS LLC
2.45 02/01/2030 350,000.00 02/26/20254.69%
315,857.50
316,464.82
90.95 4.56%
318,314.45
1,429.17
1.06%
1,849.64
AA/A
NA
4.84 4.45
63743HFX5
NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP
4.95 02/07/2030
320,000.00 --
4.92%
320,421.70
320,422.05
101.31
4.64%
324,203.41
2,376.00
1.08%
3,781.36
A/NA
A
4.86 4.18
857477CW1 STATE STREET CORP 4.729
02/28/2030 350,000.00 02/28/20254.64%
351,074.50
351,055.34
100.54
4.60%
351,883.37
1,517.22
1.17%
828.02
NA/A
AA
4.91 4.26
571748CA8
MARSH & MCLENNAN
COMPANIES INC 4.65
03/15/2030
350,000.00 03/14/2025
4.76%
348,351.50
348,365.06
100.18
4.61%
350,632.57
723.33
1.17%
2,267.51
A/A
A
4.96 4.37
Total Corporate 7,690,000.00 3.95%
7,581,452.35
7,621,052.87
98.85 4.54%
7,595,920.01
61,555.09
25.30%
(25,132.86)
3.22 2.74
MONEY MARKET
FUND
31846V203 FIRST AMER:GVT OBLG Y 108,413.84 --
3.97%
108,413.84
108,413.84
1.00 3.97%
108,413.84
0.00 0.36%
0.00 AAA/AAA
AAA
0.00 0.00
Total Money
Market Fund 108,413.84 3.97%
108,413.84
108,413.84
1.00 3.97%
108,413.84
0.00 0.36%
0.00 0.00
0.00 SUPRANATIONAL
459058JB0
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 0.625 04/22/2025
180,000.00 04/15/2020
0.70%
179,303.40
179,991.99
99.76 4.68%
179,575.44
497.67
0.60%
(416.55)
AAA/AAA
NA
0.06 0.06
459058JL8
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 0.5 10/28/2025
250,000.00 10/21/2020
0.52%
249,717.50
249,967.51
97.86 4.30%
244,662.35
531.25
0.81%
(5,305.17)
AAA/AAA
NA
0.58 0.56
459058KT9
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 3.5 07/12/2028
210,000.00 11/28/2023
4.55%
200,928.00
203,553.82
98.51 3.99%
206,877.94
1,612.92
0.69%
3,324.11
AAA/AAA
NA
3.28 3.04
45950KDD9 INTERNATIONAL FINANCE CORP
4.5 07/13/2028 130,000.00 07/06/20234.53%
129,855.70
129,905.30
101.58
3.98%
132,055.06
1,267.50
0.44%
2,149.76
AAA/AAA
NA
3.28 3.00
52 CONFIDENTIAL | 12
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
4581X0EN4
INTER-AMERICAN
DEVELOPMENT BANK 4.125
02/15/2029
300,000.00 02/15/2024
4.31%
297,534.00
298,083.50
100.42
4.01%
301,247.93
1,581.25
1.00%
3,164.42
AAA/AAA
NA
3.88 3.53
459058LR2
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 4.125 03/20/2030
300,000.00 03/14/2025
4.20%
298,980.00
298,986.70
100.20
4.08%
300,613.73
378.13
1.00%
1,627.02
AAA/AAA
NA
4.97 4.45
Total
Supranational 1,370,000.00 3.19%
1,356,318.60
1,360,488.83
99.65 4.16%
1,365,032.44
5,868.71
4.55%
4,543.61
2.88 2.62
US TREASURY
91282CBC4 UNITED STATES TREASURY 0.375
12/31/2025 350,000.00 --0.71%
345,037.74
349,129.87
97.26 4.12%
340,426.27
329.94
1.13%
(8,703.60)
AAA/AA
AA
0.75 0.73
91282CKK6 UNITED STATES TREASURY 4.875
04/30/2026 325,000.00 03/19/20254.15%
327,513.67
327,439.37
100.86
4.05%
327,780.27
6,652.62
1.09%
340.90
AAA/AA
AA
1.08 1.02
91282CCP4 UNITED STATES TREASURY 0.625
07/31/2026 350,000.00 --1.04%
343,220.70
348,114.62
95.68 3.98%
334,878.91
362.57
1.12%
(13,235.71)
AAA/AA
AA
1.33 1.30
91282CCW9 UNITED STATES TREASURY 0.75
08/31/2026 650,000.00 --0.88%
645,862.26
648,813.15
95.61 3.98%
621,460.94
423.91
2.07%
(27,352.21)
AAA/AA
AA
1.42 1.38
91282CDG3 UNITED STATES TREASURY 1.125
10/31/2026 700,000.00 --1.28%
694,789.06
698,321.95
95.70 3.96%
669,894.53
3,306.63
2.23%
(28,427.41)
AAA/AA
AA
1.59 1.53
91282CJP7 UNITED STATES TREASURY 4.375
12/15/2026 400,000.00 02/26/20254.14%
401,609.38
401,528.42
100.70
3.94%
402,812.50
5,144.23
1.34%
1,284.08
AAA/AA
AA
1.71 1.61
91282CMH1 UNITED STATES TREASURY 4.125
01/31/2027 400,000.00 02/28/20254.06%
400,500.00
400,477.21
100.34
3.93%
401,359.38
2,734.81
1.34%
882.17
AAA/AA
AA
1.84 1.74
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027 350,000.00 09/27/20224.27%
325,035.16
338,936.55
97.34 3.90%
340,703.30
23.91 1.13%
1,766.75
AAA/AA
AA
2.00 1.92
91282CEN7 UNITED STATES TREASURY 2.75
04/30/2027 400,000.00 06/13/20224.26%
387,734.38
394,772.82
97.71 3.90%
390,859.38
4,618.78
1.30%
(3,913.44)
AAA/AA
AA
2.08 1.97
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 700,000.00 --2.97%
708,996.10
704,096.18
98.66 3.88%
690,594.10
5,718.92
2.30%
(13,502.08)
AAA/AA
AA
2.25 2.13
91282CKZ3 UNITED STATES TREASURY 4.375
07/15/2027 275,000.00 10/28/20244.07%
277,126.95
276,795.76
101.04
3.90%
277,846.68
2,525.90
0.93%
1,050.92
AAA/AA
AA
2.29 2.14
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 250,000.00 09/08/20223.36%
247,275.39
248,677.43
98.23 3.90%
245,566.41
679.35
0.82%
(3,111.02)
AAA/AA
AA
2.42 2.29
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 280,000.00 12/20/20223.84%
283,401.56
281,778.80
100.58
3.88%
281,629.69
31.56 0.94%
(149.11)
AAA/AA
AA
2.50 2.35
53 CONFIDENTIAL | 13
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CFU0 UNITED STATES TREASURY 4.125
10/31/2027 280,000.00 01/09/20233.67%
285,490.63
282,950.24
100.57
3.89%
281,585.94
4,849.72
0.94%
(1,364.30)
AAA/AA
AA
2.59 2.39
91282CLX7 UNITED STATES TREASURY 4.125
11/15/2027 400,000.00 02/26/20254.11%
400,109.38
400,105.74
100.57
3.89%
402,296.88
6,244.48
1.34%
2,191.14
AAA/AA
AA
2.63 2.43
91282CGC9 UNITED STATES TREASURY 3.875
12/31/2027 280,000.00 01/26/20233.62%
283,215.63
281,794.60
99.98 3.88%
279,934.37
2,727.49
0.93%
(1,860.23)
AAA/AA
AA
2.75 2.56
9128283W8 UNITED STATES TREASURY 2.75
02/15/2028 300,000.00 03/08/20234.37%
278,660.16
287,579.36
96.94 3.88%
290,812.50
1,025.55
0.97%
3,233.14
AAA/AA
AA
2.88 2.72
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 400,000.00 02/26/20253.98%
398,687.50
398,726.98
100.29
3.89%
401,171.88
1,391.30
1.34%
2,444.89
AAA/AA
AA
2.92 2.72
91282CGT2 UNITED STATES TREASURY 3.625
03/31/2028 450,000.00 --3.63%
449,876.96
449,925.34
99.27 3.88%
446,730.47
44.57 1.49%
(3,194.86)
AAA/AA
AA
3.00 2.81
91282CHA2 UNITED STATES TREASURY 3.5
04/30/2028 575,000.00 --3.61%
572,176.76
573,239.72
98.85 3.90%
568,374.02
8,450.28
1.89%
(4,865.70)
AAA/AA
AA
3.08 2.85
91282CHE4 UNITED STATES TREASURY 3.625
05/31/2028 250,000.00 06/15/20233.95%
246,347.66
247,668.63
99.18 3.90%
247,949.22
3,037.43
0.83%
280.59
AAA/AA
AA
3.17 2.93
91282CHQ7 UNITED STATES TREASURY 4.125
07/31/2028 430,000.00 --4.29%
420,509.38
423,470.37
100.71
3.90%
433,040.23
2,939.92
1.44%
9,569.86
AAA/AA
AA
3.33 3.07
91282CHX2 UNITED STATES TREASURY 4.375
08/31/2028 450,000.00 --4.53%
446,964.85
447,898.33
101.46
3.91%
456,591.80
1,711.96
1.52%
8,693.46
AAA/AA
AA
3.42 3.14
91282CJA0 UNITED STATES TREASURY 4.625
09/30/2028 450,000.00 10/19/20234.97%
443,285.16
445,250.93
102.33
3.91%
460,476.56
56.86 1.53%
15,225.63
AAA/AA
AA
3.50 3.21
91282CJN2 UNITED STATES TREASURY 4.375
11/30/2028 350,000.00 12/21/20233.82%
358,599.61
356,379.43
101.55
3.91%
355,441.41
5,132.21
1.18%
(938.03)
AAA/AA
AA
3.67 3.32
91282CJW2 UNITED STATES TREASURY 4.0
01/31/2029 450,000.00 --4.20%
446,181.64
446,957.96
100.27
3.92%
451,230.47
2,983.43
1.50%
4,272.51
AAA/AA
AA
3.84 3.50
91282CKD2 UNITED STATES TREASURY 4.25
02/28/2029 300,000.00 02/27/20244.30%
299,378.91
299,513.95
101.17
3.92%
303,515.63
1,108.70
1.01%
4,001.68
AAA/AA
AA
3.91 3.57
91282CKG5 UNITED STATES TREASURY 4.125
03/31/2029 400,000.00 --4.32%
396,410.15
397,202.67
100.73
3.93%
402,921.88
45.08 1.34%
5,719.21
AAA/AA
AA
4.00 3.66
91282CKP5 UNITED STATES TREASURY 4.625
04/30/2029 400,000.00 04/29/20244.66%
399,296.88
399,426.26
102.61
3.93%
410,421.88
7,767.96
1.37%
10,995.61
AAA/AA
AA
4.08 3.63
91282CKT7 UNITED STATES TREASURY 4.5
05/31/2029 350,000.00 06/26/20244.33%
352,570.31
352,173.12
102.17
3.93%
357,587.89
5,278.85
1.19%
5,414.77
AAA/AA
AA
4.17 3.72
91282CKX8 UNITED STATES TREASURY 4.25
06/30/2029 450,000.00 --3.97%
455,619.14
454,891.93
101.22
3.93%
455,484.60
4,807.67
1.52%
592.67
AAA/AA
AA
4.25 3.82
54 CONFIDENTIAL | 14
City of American Canyon | Account #10130 | As of March 31, 2025 Execution Time: 04/03/2025 02:00:00 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CLC3 UNITED STATES TREASURY 4.0
07/31/2029 350,000.00 07/30/20244.30%
348,796.88
348,957.65
100.26
3.93%
350,916.02
2,320.44
1.17%
1,958.37
AAA/AA
AA
4.33 3.92
91282CFJ5 UNITED STATES TREASURY 3.125
08/31/2029 500,000.00 --3.52%
491,214.84
492,156.81
96.74 3.94%
483,691.41
1,358.70
1.61%
(8,465.41)
AAA/AA
AA
4.42 4.06
91282CLN9 UNITED STATES TREASURY 3.5
09/30/2029 325,000.00 01/28/20254.37%
313,193.36
313,622.69
98.18 3.94%
319,096.68
31.08 1.06%
5,473.99
AAA/AA
AA
4.50 4.12
91282CLR0 UNITED STATES TREASURY 4.125
10/31/2029 325,000.00 12/17/20244.38%
322,676.76
322,812.65
100.73
3.95%
327,386.72
5,629.14
1.09%
4,574.07
AAA/AA
AA
4.59 4.07
91282CMA6 UNITED STATES TREASURY 4.125
11/30/2029 300,000.00 12/09/20244.07%
300,750.00
300,703.74
100.77
3.94%
302,320.31
4,147.66
1.01%
1,616.57
AAA/AA
AA
4.67 4.15
91282CMD0 UNITED STATES TREASURY 4.375
12/31/2029 425,000.00 --4.38%
424,895.51
424,901.26
101.82
3.95%
432,719.73
4,674.12
1.44%
7,818.47
AAA/AA
AA
4.75 4.22
91282CMG3 UNITED STATES TREASURY 4.25
01/31/2030 400,000.00 02/26/20254.14%
401,843.75
401,809.93
101.28
3.96%
405,125.20
2,817.68
1.35%
3,315.27
AAA/AA
AA
4.84 4.31
91282CGQ8 UNITED STATES TREASURY 4.0
02/28/2030 400,000.00 03/10/20254.00%
400,031.25
400,030.89
100.23
3.95%
400,906.25
1,391.30
1.34%
875.36
AAA/AA
AA
4.91 4.41
Total US Treasury 15,420,000.00 3.67%
15,324,885.41
15,369,033.32
99.61 3.93%
15,353,542.27
114,526.70
51.14%
(15,491.05)
3.09 2.83
Total Portfolio 30,219,076.79 3.71%
29,956,074.54
30,048,433.29
99.04 4.15%
30,023,649.15
208,405.29
100.00%
(24,784.14)
3.02 2.63
Total Market
Value + Accrued 30,232,054.44
55 CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 14.
TITLE
MTC Resolution of Local Support
RECOMMENDATION
Adopt a Resolu%on authorizing the filing of an applica%on for funding assigned to MTC and commi+ng any necessary matching funds and sta%ng assurance to complete the Melvin Road Pavement Rehabilitation Project (TR27-0100).
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director
BACKGROUND & ANALYSIS
In 2018, the Metropolitan Transporta%on Commission (MTC) established the Housing Incen%ve Pool (HIP) Programfor funding $71 million in transporta%on projects that promote the produc%on and preservation of affordable housing.
In April 2024, the City of American Canyon was one of 15 agencies in the Bay Area that was awarded HIP Program funding for an amount not to exceed of $1,333,000 for producing 228 new units of affordable housing between 2018-2022. In order to receive funding, the City was required to submit a letter of interest by December 2024 in the form of a project application.
City staff submiBed an applica%on for rehabilita%ng the pavement on Melvin Road, Poco Way, and a portion of James Road (between Wilson Way and Donaldson Way.) The proposed project will consist of pavement rehabilita%on of approximately 3,225 linear feet of roadway by means of full depth reclama%on via cement treatment (FDR-C) or similar recycle in place method. Work will include, but is not limited to, mobiliza%on, storm water pollu%on preven%on, traffic control, curb ramp upgrades as needed, road base treatment via FDR-C, asphalt concrete paving, and new signage and striping.
Striping improvements will include parking, centerline and share the road bicycle markings.
The City was informed in early 2025 that the project applica%on for the Melvin Road Paving Rehabilita%on Project had been accepted by MTC. Prior to the funding being programmed, the local agency is required to adopt a resolu%on of local support for the project based on MTC's provided template that has been attached. It is anticipated that design will commence next fiscal year. 56 COUNCIL PRIORITY PROGRAMS AND PROJECTS
Transporta%on: "Improve the transporta%on network within the City to alleviate conges%on and enhance the quality of life for the community."
FISCAL IMPACT
The project is included in the proposed Fiscal Year 2025/26 Capital Improvement Program budget going to City Council in June. The one-%me federal grant funding of $1,333,000 requires a minimum
11.47% local funding match which will be provided by the City's Measure U or gax tax alloca%on. The ini%al total project es%mate is $1,778,750 with local contribu%ons of $445,750. The es%mate will be refined and updated once design is underway.
ENVIRONMENTAL REVIEW
The recommended action is not a “project” subject to environmental review under CEQA.
ATTACHMENTS:
1. Resolution of Local Support
2. Project Map
3. 2018 MTC Resolution 4348
57 RESOLUTION OF LOCAL SUPPORT
RESOLUTION NO. 2025-
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND
COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE MELVIN ROAD PAVEMENT REHABILITATION PROJECT (TR27-0100) WHEREAS, the City of American Canyon (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,333,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Melvin Road Pavement Rehabilitation Project (TR27-0100) (herein referred to as PROJECT) for the Housing Incentive Pool Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS,state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
58 2
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and • the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTCfunded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTCfunded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and
• in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.
NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further 59 3
RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and be it further RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further
RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
60 4
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 20th day of May, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVE AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney 61 HIP Project
62 Date: October 24, 2018
W.I.: 1511
Referred by: PAC
Revised: 10/23/19-C
12/20/23-C
ABSTRACT
Resolution No. 4348, Revised
This resolution approves the framework and qualifying criteria of the Housing Incentive Pool, an incentive program to reward San Francisco Bay Area local jurisdictions that produce or preserve the most affordable housing.
Attachment A of this resolution was revised on October 23, 2019 to include eligibility and programming guidelines for the $5 million Sub-HIP pilot set-aside from the Housing Incentive Pool.
Attachment A of this resolution was revised on December 20, 2023 to further define the eligibility and programming guidelines for the $71 million Housing Incentive Pool.
Further discussion of this action is contained in the MTC Programming and Allocations Summary Sheets dated October 10, 2018, October 9, 2019, and December 13, 2023. 63 Date:
W.I.:
Referred by:
October 24, 2018
1511
PAC
RE: Housing Incentive Pool Framework and Qualifying Criteria
METROPOLIT AN TRANSPORTATION COMMISSION
RESOLUTION NO. 4348
WHEREAS, the Metropolitan Transportation Commission (MTC) is the regional transportation planning agency for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, the availability of affordable housing in the San Francisco Bay Area has been highlighted as a regional issue in Plan Bay Area 2040 and other plans; and WHEREAS, pursuant to MTC Resolution 4308, MTC has developed a framework and criteria for the distribution of funds to incentivize desired housing outcomes across the region; now, therefore, be it
RESOLVED, that MTC approves the Housing Incentive Pool (HIP) framework and qualifying criteria as set forth in Attachment A to this resolution, attached hereto and incorporated by reference; and, be it further
RESOLVED, that MTC may allocate funds to local agencies per the approved HIP framework and criteria as set forth in Attachment A to this resolution; and be it further RESOLVED, that agencies receiving funds allocated by MTC per this resolution must adhere to any and all conditions, guidelines, and eligibility requirements prescribed by the type of funding received.
METROPOLIT AN TRANSPORT A TION COMMISSION
The above resolution was entered into by the
Metropolitan Transportation Commission
at a regular meeting of the Commission held
in San Francisco, California, on October 24, 2018.
64 Date: October 24, 2018
W.I.: 1511
Referred by: PAC
Revised: 10/23/19-C
12/20/23-C
Attachment A
Resolution No. 4348
Housing Incentive Pool Framework and Qualifying Criteria This framework and qualifying criteria guide the distribution of funding for the Housing Incentive Pool (HIP), a funding program intended to provide incentive for the building and preservation of affordable housing units by local jurisdictions in the San Francisco Bay Area.
HIP Eligible Time Period:
The eligible time period for the production or preservation of housing units that meet the qualifying criteria listed below is calendar years 2018 through 2022.
HIP grants will only be distributed after the fifth year of the eligible time period.
HIP Housing Unit Qualifying Criteria:
1. Total HIP units = new built units + preserved units;
2. New or preserved units must be affordable to households at the very low-, low- and moderateincome levels;
3. New and preserved units must be located in Priority Development Areas (PDAs) or in Transit Priority Areas (TPAs) to qualify for the incentive;
4. Preserved units must be either:
a. Multi-family units that receive governmental assistance consistent with the funding sources in Government Code Section 65863.10(a)(3) that are identified as “very-high risk” or “high risk” of converting to market-rate rents by the California Housing Partnership Corporation (CHPC) or,
b. The acquisition/preservation of existing unrestricted multi-family affordable housing units upon which restrictions are newly placed;
5. A preserved unit that has deed restrictions for at least 55 years will be counted as one HIP unit.
Units with deed restrictions for a shorter duration will receive a pro-rated share of one unit based on the 55-year standard;
6. All new units must be deed restricted;
7. To be eligible for the HIP program, jurisdictions must be compliant with state housing laws related to Surplus Lands, Accessory Dwelling Units, Density Bonuses, and Housing Element by the end of December, 2024 2022. Compliance with the Housing Element will be determined by the California Department of Housing and Community Development. Jurisdictions must certify by council or board resolution that they are compliant with the other three laws.
Funding Distribution:
Five million dollars will be set aside from funds available for the HIP to pilot a competitive program to help finance eligible infrastructure that will support affordable housing projects in Priority Development Areas and Transit Priority Areas. The County Transportation Agencies (CTAs) will work with cities and developers to identify candidate projects. MTC/ABAG staff will develop guidelines for this pilot program;
65 Attachment A
Resolution No. 4348, Revised
Remaining HIP funds will be distributed to the 15 jurisdictions with the greatest number of total HIP units within the eligible time period. Funds will be distributed among the top 15 jurisdictions on a per unit basis. MTC/ABAG staff will alert CTAs of grant awards to jurisdictions in their counties and encourage jurisdictions to coordinate with their respective CTA on projects to receive HIP funds.
HIP $5 Million Set-Aside Eligibility and Programming Guidelines The following framework will guide the distribution of the $5 million set-aside from the HIP program. The set-aside is intended to help finance eligible infrastructure that will support affordable housing projects in Priority Development Areas (PDAs) and Transit Priority Areas (TPAs).
Funding Distribution:
1. Funds will be apportioned $4 million to the Solano Transportation Authority (STA) and $1 million for the other North Bay counties (Marin, Napa, and Sonoma) to be distributed after evaluation of proposals from the County Transportation Agencies (CTAs) in those counties for eligible projects, due to MTC by May 1, 2020.
2. Eligible counties will be responsible for developing county-specific guidelines, managing a call for projects, and submitting project recommendations to MTC that are consistent with these guidelines.
Project Eligibility:
1. Project must be a transportation investment directed within or connected directly to a PDA or TPA.
2. Project must meet the eligibility guidelines for the OBAG 2 County Program.
3. Project must be able to obligate funds by the end of FY2022, consistent with OBAG 2.
4. Project must be eligible for Federal Surface Transportation Block Grant/ Congestion Mitigation and Air Quality Improvement (STP/CMAQ) funding.
5. The minimum grant size to be awarded is $250,000.
Jurisdiction Eligibility: Project sponsors for selected transportation projects must be compliant with OBAG 2 County Program policies (Housing Element annual reporting, Surplus Lands Act, Complete Streets Requirements, etc.)
Housing Incentive Pool $71 Million Eligibility and Programming Guidelines The following framework will guide the distribution of the $71 million in HIP funds remaining after the $5 million Sub-HIP set-aside. These funds are intended to reward jurisdictions who produced and preserved the most affordable housing in Priority Development Areas (PDAs) and Transit Priority Areas (TPAs).
Funding Sources and Exchanges:
Programming capacity for the HIP program includes $71 million in federal transportation funds, consisting of Federal Surface Transportation Block Grant (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), and/or Regional Transportation Improvement Program (RTIP) funds. MTC, in coordination with HIP sponsors, may exchange HIP programming capacity for other federal or non-federal transportation funds, as needed. Projects receiving federal HIP 66 Attachment A
Resolution No. 4348, Revised
programming capacity as part of an exchange (Recipient Projects) must comply with applicable requirements associated with the funding source(s). HIP projects receiving exchanged funds (Target Projects) must adhere to all applicable HIP program requirements, including project selection procedures for projects receiving STP/CMAQ funds.
Jurisdiction Eligibility and Enforcement:
Jurisdictions must be compliant with state housing laws related to Surplus Lands, Accessory Dwelling Units, Density Bonuses, and Housing Element by December 31, 2024. Jurisdictions must comply with the following requirements at the time of HIP programming in the Transportation Improvement Program (TIP):
1. Jurisdictions must have a general plan Housing Element adopted and certified by the California Department of Housing and Community Development (HCD) for the 2023-2031 Regional Housing Needs Allocation (RHNA), and
2. Jurisdictions must certify by council or board resolution that they are compliant with the other three laws related to Surplus Lands, Accessory Dwelling Units, and Density Bonuses, using the template provided by MTC.
MTC staff will provide an update to the Commission on Bay Area jurisdictions’ Housing Element certification progress in June 2024.
Funding Distribution:
Funds will be awarded to the top 15 jurisdictions who produced and preserved the most qualifying units on a per-unit basis, rounded to the nearest $1,000. Jurisdictions must submit any corrections to the housing unit data used to determine HIP award distributions to MTC staff by January 31, 2024.
Award amounts will be revised, as necessary, to accommodate corrections submitted by this deadline or to redistribute rescinded funds from noncompliant jurisdictions, as described below.
MTC will rescind any HIP awards not programmed in the TIP from jurisdictions that remain or become noncompliant with HIP program requirements after December 31, 2024.
MTC will award rescinded funds to the top 15 compliant jurisdiction through the following process:
1. Recalculate total per-unit awards, rounded to the nearest $1,000, for the revised top 15 compliant jurisdictions,
2. For jurisdictions that have not previously received HIP funds, award the total amount calculated in step 1 or $250,000, whichever is greater, and
3. For jurisdictions with existing HIP funds, award the difference between the prior HIP total and the recalculated amount from step 1, reduced proportionally for each jurisdiction as needed to accommodate the $250,000 minimum award for new jurisdictions as required in step 2.
Jurisdictions must recommend eligible candidate projects for rescinded HIP funds according to the criteria and process detailed below. Jurisdictions may recommend that MTC program rescinded HIP funds to projects with existing federal funding as necessary to meet with minimum threshold of $250,000 in federal funds per project.
Jurisdictions awarded HIP funds through the redistribution of rescinded funds must adopt a selfcertification of state housing laws prior to TIP programming.
Project Eligibility:
67 Attachment A
Resolution No. 4348, Revised
For each HIP project, jurisdictions must:
1. Ensure eligibility for OBAG 2 County Program funds (MTC Resolution No. 4202),
2. Ensure eligibility for Federal Surface Transportation Block Grant (STP) and/or Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds, including meeting minimum local match requirements,
3. For projects eligible for CMAQ funds, provide the inputs necessary to assess the air quality improvements resulting from project implementation, using a template form provided by MTC,
4. Comply with MTC’s Complete Streets policy (MTC Resolution No. 4493), including submission of a Complete Streets checklist, if applicable,
5. Comply with MTC’s Regional Project Delivery Policy (MTC Resolution No. 3606), including adoption of a Resolution of Local support using the template provided by MTC,
6. Program a minimum of $250,000 in federal funds per project (minimum grant amount for HIP and OBAG 2 programs), and
7. Obligate all HIP funds by January 31, 2027.
Project Selection and Programming:
Jurisdictions awarded HIP funds must submit project recommendations to MTC for selection using the letter of interest template provided by MTC. Jurisdiction letters of interest must:
1. Include multiple project recommendations, totaling 120% to 200% of the jurisdiction’s HIP award, to allow for MTC discretion in project selection;
2. Meet the project eligibility requirements listed above, inclusive of any required attachments; and
3. Be submitted to MTC by December 31, 2024 for sponsors on the original top 15 list, or within 6 months of award for jurisdictions awarded HIP funds through the redistribution of rescinded funds.
MTC staff will evaluate letters of interest and make project selection recommendations based on the following criteria:
1. Project eligibility for HIP funding;
2. Deliverability, including anticipated risk to the project development schedule and funding plan;
3. Needs and benefits, which may include consideration of community support, consistency with adopted plans and policies, anticipated project impacts, and/or the availability of alternative funding sources; and
4. For projects eligible for CMAQ funds, the relative cost-effectiveness of associated criteria air pollutant and fine particulate matter (PM 2.5) reductions.
MTC will evaluate and select HIP projects on a rolling basis as letters of interest are submitted.
HIP awards and selected projects will be programmed through the OBAG 2 framework as revisions to MTC Resolution No. 4202.
68 CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 15.
TITLE
ECS Imaging, Inc. 5-year Agreement for Laserfiche Cloud Software
RECOMMENDATION
Adopt a resolu,on approving Amendment No. 1 to Agreement No. 2022-77 with ECS Imaging, Inc., extending cloud-based Laserfiche so3ware services through June 2030, in an amount not to exceed $189,810.
CONTACT
Taresa Geilfuss, City Clerk
BACKGROUND & ANALYSIS
In August 2008, the City Council approved the purchase of Laserfiche so3ware, an enterprise content management system. Since that ,me, the so3ware has been hosted locally and operated through the City’s internal network server. In recent years, Laserfiche has shi3ed its focus primarily toward a cloud-based so3ware model, direc,ng the majority of its research and development efforts accordingly.
In June 2022, the City Council approved an upgrade from the self-hosted system to the cloud-based version of Laserfiche. This transi,on provided staff with enhanced tools, con,nuous so3ware updates, and improved access to the latest technology—all at a reduced cost. The approval included a three-year subscription, set to expire in June 2025.
To maintain con,nuity of service beyond the current term, the City’s exis,ng vendor, ECS Imaging, Inc., has submi>ed a quote for a five-year subscrip,on renewal, covering fiscal years 2025–26 through 2029–30 (see Attachment 2).
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services." 69 FISCAL IMPACT
The first year of the agreement, in the amount of $36,680, is included in the proposed Fiscal Year 2025/26 Annual Budget under Fund 653 – Informa,on Technology Support Services (Account 653- 20-220-42150). The remaining four years of the agreement will be budgeted at $38,281 annually through the City’s regular budget process.
ENVIRONMENTAL REVIEW
Not applicable.
ATTACHMENTS:
1. Resolution - ECS through June, 2030
2. New Agreement through June 2030
3. Current Agreement 2022-77 - ECS through June 2025
70 RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING AMENDMENT NO. 1 TO AGREEMENT NO. 2022-77 WITH ECS IMAGING, INC., EXTENDING CLOUD BASED LASERFICHE SERVICES THROUGH JUNE 2030, IN AN AMOUNT NOT TO EXCEED $189,810.
WHEREAS, in August 2008, the City Council approved the purchase of self-hosted Laserfiche software, also known as an Enterprise Content Management System; and WHEREAS, in June 2022, the City Council approved an upgrade to cloud based version of the Laserfiche software, including a three year subscription services and a one-time implementation fee in the first year; and
WHEREAS, the city’s current vendor ECS Imaging, Inc. has provided a quote for a five year subscription renewal beginning in Fiscal Year 2025-26 and ending in Focal Year 2029-30; and WHEREAS, funding for the first year of the subscription is included in the proposed Fiscal Year 2025/26 Annual Budget (Fund 653, Info Tech Support Services, 653-20-220-42150), and future costs will be included in subsequent annual budget processes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of American Canyon hereby approves Amendment No. 1 to Agreement No. 2022-77 with ECS Imaging, Inc. extending cloud based Laserfiche service through June 2030, in an amount not to exceed $189,810.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 20th of May 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 71 CITY OF AMERICAN CANYON AGREEMENT NO. 2025-xx
FIRST AMENDMENT TO AGREEMENT NO. 2022-77 BETWEEN
THE CITY OF AMERICAN CANYON AND ECS IMAGING, INC. FOR LASERFICHE CLOUD SOFTWARE SERVICES THROUGH JUNE 30, 2030
RECITALS
WHEREAS, the City of American Canyon ("CITY") and ECS Imaging, Inc. have entered into an agreement effective 07/01/2022 (Agreement 2022-77).
WHEREAS, Agreement 2022-77 has a termination date of 06/30/2025.
WHEREAS, the City and ECS Imaging, Inc. wish to extend that contract to identify a termination date of 06/30/2030.
NOW, THEREFORE, THE CITY AND GRANICUS agree as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).
2. The Agreement will continue in full force and effect until 6/30/2030.
3. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
4. In the event of any inconsistency between the provisions of this Third Amendment and the documents comprising the Agreement, the provisions of this Third Amendment shall prevail.
CITY: ECS, Imaging, Inc:
By: _____________________ Date: _____ By: _____________________ Date: _____ Jason B. Holley, City Manager ________________________
Name/Title
APPROVED AS TO FORM:
By:______________________ Date: _____
William D. Ross, City Attorney
72 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
2025-2026
LF Cloud City Site License 150 Full Users. 15TB Storage (Population<25,000)-LSAP
1 27,035.00 27,035.00
Laserfiche PF Cloud Invoice Smart Capture (Up to 10,000/year) 1 6,000.00 6,000.00 Omnia Partner Contract #01-159 1 -1,024.08 -1,024.08
Fujitsu fi-7600 1 Year ScanCare NBD (S/N:AUKDC02321)
Coverage:06/14/25-06/13/26
1 1,695.00 1,695.00
ECS Gold Priority Support consists of 17 hours of on-line or on-site support time, unlimited phone support, and a 4 hour response time for most services offered by ECS including Laserfiche tech support, installations, configurations of workflow and forms, and integration services. Support beginning 07/31/2025 and expiring 07/30/2026.
An additional 5 hours of Professional Services for version updates, during normal business hours, is included. Additional on-line or on-site support will be billed at your current hourly support rate.
Minimum on-site time is calculated at 2 hours. ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate.
1 2,975.00 2,975.00
**Your organization LSAP's expire on 07/30/2025 - Laserfiche imposes a 10% reinstatement fee for each month of an expired LSAP - support site access will be suspended if payment is not received by your expiration date**
0.00 0.00
73 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
Subtotal: $36,680.92
2026-2027
LF Cloud City Site License 150 Full Users. 15TB Storage (Population<25,000)-LSAP
1 28,386.75 28,386.75
Laserfiche PF Cloud Invoice Smart Capture (Up to
10,000/year)-LSAP
1 6,300.00 6,300.00
Omnia Partner Contract #01-159 1 -1,075.28 -1,075.28
Fujitsu fi-7600 1 Year ScanCare NBD (S/N:AUKDC02321)
Coverage:06/14/26-06/13/27
1 1,695.00 1,695.00
ECS Gold Priority Support consists of 17 hours of on-line or on-site support time, unlimited phone support, and a 4 hour response time for most services offered by ECS including Laserfiche tech support, installations, configurations of workflow and forms, and integration services. Support beginning 07/31/2026 and expiring 07/30/2027.
An additional 5 hours of Professional Services for version updates, during normal business hours, is included. Additional on-line or on-site support will be billed at your current hourly support rate.
Minimum on-site time is calculated at 2 hours. ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate.
1 2,975.00 2,975.00
74 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
**Your organization LSAP's expire on 07/30/2026 - Laserfiche imposes a 10% reinstatement fee for each month of an expired LSAP - support site access will be suspended if payment is not received by your expiration date**
0.00 0.00
Subtotal: $38,281.47
2027-2028
LF Cloud City Site License 150 Full Users. 15TB Storage (Population<25,000)-LSAP
1 28,386.75 28,386.75
Laserfiche PF Cloud Invoice Smart Capture (Up to
10,000/year)-LSAP
1 6,300.00 6,300.00
Omnia Partner Contract #01-159 1 -1,075.28 -1,075.28
Fujitsu fi-7600 1 Year ScanCare NBD (S/N:AUKDC02321)
Coverage:06/14/27-06/13/28
1 1,695.00 1,695.00
75 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
ECS Gold Priority Support consists of 17 hours of on-line or on-site support time, unlimited phone support, and a 4 hour response time for most services offered by ECS including Laserfiche tech support, installations, configurations of workflow and forms, and integration services. Support beginning 07/31/2027 and expiring 07/30/2028.
An additional 5 hours of Professional Services for version updates, during normal business hours, is included. Additional on-line or on-site support will be billed at your current hourly support rate.
Minimum on-site time is calculated at 2 hours. ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate.
1 2,975.00 2,975.00
**Your organization LSAP's expire on 07/30/2027 - Laserfiche imposes a 10% reinstatement fee for each month of an expired LSAP - support site access will be suspended if payment is not received by your expiration date**
0.00 0.00
Subtotal: $38,281.47
2028-2029
LF Cloud City Site License 150 Full Users. 15TB Storage (Population<25,000)-LSAP
1 28,386.75 28,386.75
Laserfiche PF Cloud Invoice Smart Capture (Up to
10,000/year)-LSAP
1 6,300.00 6,300.00
Omnia Partner Contract #01-159 1 -1,075.28 -1,075.28
76 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
Fujitsu fi-7600 1 Year ScanCare NBD (S/N:AUKDC02321)
Coverage:06/14/28-06/13/29
1 1,695.00 1,695.00
ECS Gold Priority Support consists of 17 hours of on-line or on-site support time, unlimited phone support, and a 4 hour response time for most services offered by ECS including Laserfiche tech support, installations, configurations of workflow and forms, and integration services. Support beginning 07/31/2028 and expiring 07/30/2029.
An additional 5 hours of Professional Services for version updates, during normal business hours, is included. Additional on-line or on-site support will be billed at your current hourly support rate.
Minimum on-site time is calculated at 2 hours. ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate.
1 2,975.00 2,975.00
**Your organization LSAP's expire on 07/30/2028 - Laserfiche imposes a 10% reinstatement fee for each month of an expired LSAP - support site access will be suspended if payment is not received by your expiration date**
0.00 0.00
Subtotal: $38,281.47
2029-2030
LF Cloud City Site License 150 Full Users. 15TB Storage (Population<25,000)-LSAP
1 28,386.75 28,386.75
Laserfiche PF Cloud Invoice Smart Capture (Up to
10,000/year)-LSAP
1 6,300.00 6,300.00
77 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
Omnia Partner Contract #01-159 1 -1,075.28 -1,075.28
Fujitsu fi-7600 1 Year ScanCare NBD (S/N:AUKDC02321)
Coverage:06/14/29-06/13/30
1 1,695.00 1,695.00
ECS Gold Priority Support consists of 17 hours of on-line or on-site support time, unlimited phone support, and a 4 hour response time for most services offered by ECS including Laserfiche tech support, installations, configurations of workflow and forms, and integration services. Support beginning 07/31/2029 and expiring 07/30/2030.
An additional 5 hours of Professional Services for version updates, during normal business hours, is included. Additional on-line or on-site support will be billed at your current hourly support rate.
Minimum on-site time is calculated at 2 hours. ECS may allow planned after hours support in rare circumstances. In these circumstances Priority Support will be billed at double the hourly rate.
1 2,975.00 2,975.00
**Your organization LSAP's expire on 07/30/2029- Laserfiche imposes a 10% reinstatement fee for each month of an expired LSAP - support site access will be suspended if payment is not received by your expiration date**
0.00 0.00
*Any changes or removal to your existing cloud system/users, needs to be requested no later than 60 days before the expiration date in order for it to be processed*
0.00 0.00
78 Estimate
Date
5/31/2025
Estimate #
12814
Name/Address
City of American Canyon
Finance Dept
4381 Broadway Ave, Suite 201
American Canyon, CA 94503
Ship To
City of American Canyon
Jennifer Kansanback
[email protected]
ECS Imaging, Inc.
5905 Brockton Ave. Suite C
Riverside, CA 92506-2416
(951)-787-8768
(951)-787-0831 fax
P.O. No.
Annual Renewal
Terms
Net 30
Due Date
6/30/2025
Rep
Pete
Phone
925-586-7549
Standard Processing Fee Added to all Credit Card Payments* Total
Subtotal
Sales Tax (8.0%)
Description Qty Rate Total
Subtotal: $38,281.47
$189,806.80
$189,806.80
$0.00
79 80
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85 86
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131
CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 16.
TITLE
Granicus, LLC. 3-Year Agreement for Government Transparency Suite Software
RECOMMENDATION
Adopt a resolu-on approving Amendment No. 3 to Agreement No. 2018-163 with Granicus, LLC. extending website and mee-ng management services through June 2028, in an amount not to exceed $112,950.
CONTACT
Taresa Geilfuss, City Clerk
BACKGROUND & ANALYSIS
The City of American Canyon has historically used a suite of Granicus applica-ons to support various func-ons, including agenda prepara-on, public comment tracking, website hos-ng, and the submission of FPPC-required forms. Each of these services was previously maintained under separate agreements.
In June 2023, to streamline contract management and improve efficiency, the City Council approved combining these services into a single comprehensive agreement—Agreement 2023-78—which is set to expire on June 30, 2025.
To ensure con-nuity of service beyond the current term, Granicus has submi<ed a quote for a three-year subscrip-on renewal, covering Fiscal Years 2025–26 through 2027–28 (see A<achment 2 New Agreement).
The City’s current Granicus applications include:
GovDelivery Communications Cloud – for public outreach and notifications Government Transparency Suite – including PEAK Agenda Management, eComments, and minutes
OpenCities – the City’s website platform
eDisclosure Filer Module – for Form 700 (FPPC) filings
Campaign Docs Filer Module – for campaign finance (FPPC) filings 132
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The first year of the agreement—Fiscal Year 2025–26—in the amount of $34,114 is included in the proposed Fiscal Year 2025–26 Annual Budget under Fund 653 – Informa-on Technology Support Services (Account 653-20-220-42150).
The remaining two years of the agreement will be included in future annual budgets through the City’s regular budget process:
$37,525 for Fiscal Year 2026–27
$41,278 for Fiscal Year 2027–28
ENVIRONMENTAL REVIEW
Not applicable.
ATTACHMENTS:
1. Resolution - Granicus through June 2028
2. New Agreement through June 2028
3. Current Agreement through June 2025
133
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON APPROVING AMENDMENT NO. 3 TO AGREEMENT NO. 2018-163 WITH GRANICUS, LLC.
EXTENDING WEBSITE AND MEETING MANAGEMENT SERVICES THROUGH JUNE 2028, IN AN AMOUNT NOT TO EXCEED $112,950.
WHEREAS, the City of American Canyon utilizes Granicus software solutions to support critical functions including agenda management, public engagement, website hosting, and mandated FPPC form submissions; and
WHEREAS, in June 2023, the City Council approved Agreement No. 2023-78 to consolidate Granicus services under a single agreement expiring June 30, 2025; and WHEREAS, to ensure continuity of services beyond the current agreement term, Granicus has submitted a three-year subscription renewal quote for Fiscal Years 2025–26 through 2027–28; and WHEREAS, the cost of the renewal is as follows: $34,114 for Fiscal Year 2025–26, $37,525 for Fiscal Year 2026–27, and $41,278 for Fiscal Year 2027–28, for a total not-to-exceed amount of $112,917 over three years; and
WHEREAS, the Fiscal Year 2025–26 cost is included in the proposed budget under Fund 653 – Information Technology Support Services (Account 653-20-220-42150), and future years will be budgeted through the City’s regular process.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of American Canyon hereby approves the three-year subscription renewal with Granicus and authorizes the City Manager to execute all documents necessary to implement the agreement, in a total amount not to exceed $112,917.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 20th day of May 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________ Taresa Geilfuss, City Clerk William D. Ross, City Attorney 134
CITY OF AMERICAN CANYON AGREEMENT NO.
THIRD AMENDMENT TO AGREEMENT NO. 2018-163 BETWEEN
THE CITY OF AMERICAN CANYON AND GRANICUS, LLC
TO THE GRANICUS SERVICE AGREEMENT
RECITALS
WHEREAS, the City of American Canyon ("CITY") and Granicus have entered into an agreement effective 07/01/2018 (Agreement 2018-163).
WHEREAS, a First Amendment (Agreement 2021-A 110) amended that contract to add certain products and services and identified a termination date of 06/30/2023 to the Agreement.
WHEREAS, a Second Amendment (Agreement 2023-78) amended that contract to identify a termination date of 06/30/2025 to the Agreement.
WHEREAS, the City and Granicus wish to extend the term of the agreement for three (3) additional twelve (12) month terms.
NOW, THEREFORE, THE CITY AND GRANICUS agree as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).
2. The Agreement will continue in full force and effect until 6/30/2028.
3. Except as amended by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
4. In the event of any inconsistency between the provisions of this Third Amendment and the documents comprising the Agreement, the provisions of this Third Amendment shall prevail.
CITY: GRANICUS:
By: _____________________ Date: _____ By: _____________________ Date: _____ Jason B. Holley, City Manager ________________________
Name/Title
APPROVED AS TO FORM:
By:______________________ Date: _____
William D. Ross, City Attorney
135
THIS IS NOT AN INVOICE Order Form
Prepared for
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
Granicus Proposal for American Canyon, CA
ORDER DETAILS
Prepared By: Pedro Arguedas
Phone:
Email: [email protected]
Order #: Q-430942
Prepared On: 24 Mar 2025
Expires On: 30 Jun 2025
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 01 Jul 2025 - 30 Jun 2026
ORDER TERMS
Current Subscription
End Date:
Initial Order Term End
Date:
30 Jun 2025
30 Jun 2028
Exhibit A
136
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Government Transparency Suite Annual 1 Each $21,017.76
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,576.16
Upgrade to SDI 720p Streaming Annual 1 Each $1,182.10
Meeting Efficiency Suite Annual 1 Each $0.00
Peak Agenda Management Annual 1 Each $8,666.42
eComment Annual 1 Each $1,671.42
Send Agenda (Peak) Annual 1 Each $0.00
Open Platform Suite Annual 1 Each $0.00
SUBTOTAL: $34,113.86
137
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
FUTURE YEAR PRICING
Period of Performance
Solution(s)
01 Jul 2026 - 30 Jun 2027 01 Jul 2027 - 30 Jun 2028
Government Transparency Suite $23,119.54 $25,431.49
Granicus Encoding Appliance Software (GT) $1,733.78 $1,907.15 Upgrade to SDI 720p Streaming $1,300.31 $1,430.34
Meeting Efficiency Suite $0.00 $0.00
Peak Agenda Management $9,533.06 $10,486.37
eComment $1,838.56 $2,022.42
Send Agenda (Peak) $0.00 $0.00
Open Platform Suite $0.00 $0.00
SUBTOTAL: $37,525.25 $41,277.77
138
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
PRODUCT UPDATES
FOR INFORMATION ON RECENT AND UPCOMING PRODUCT ENHANCEMENTS ACROSS THE GRANICUS PORTFOLIO, PLEASE REFER TO THE SEMIANNUAL UPDATE INFORMATION ON THIS WEBPAGE:
: HTTPS://GRANICUS.COM/SEMIANNUAL-UPDATES/
PRODUCT DESCRIPTIONS
Solution Description
Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events.
Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.
Upgrade to SDI 720p Streaming Upgrade to SDI 720p Streaming (requires Digital encoder and HD feed) Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardwareas-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can be purchased if needed)
139
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
Solution Description
Peak Agenda Management Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Access to up to one (1) Peak Agenda Management site
eComment eComment reduces staff time by providing the ability to effortlessly collect and manage citizen input on agenda items. Citizens are allowed to either submit comments in regards to items or sign up to speak before a scheduled meeting.
Send Agenda (Peak) Send Agenda is dependent on an active subscription to the relevant govMeetings agenda.
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. 140
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-430942 dated 24 Mar 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of American Canyon, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
141
Order Form
American Canyon, CA
Order #: Q-430942
Prepared: 24 Mar 2025
BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:
If PO required
Billing Email: Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-430942 dated 24 Mar 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
American Canyon, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
142
CITY OF AMERICAN CANYON AGREEMENT NO. 2023- 78
SECOND AMENDMENT TO AGREEMENT NO. 2018- 163 BETWEEN
THE CITY OF AMERICAN CANYON AND GRANICUS, LLC
TO THE GRANICUS SERVICE AGREEMENT
RECITALS
WHEREAS, the City of American Canyon (“ CITY”) and Granicus have entered into an agreement effective 07/01/2018 (Agreement 2018-163).
WHEREAS, a First Amendment ( Agreement 2021-A110) effective 03/05/2021 amended that contract to add certain products and services and identified a termination date of 06/30/2023 to the Agreement.
WHEREAS, the City and Granicus wish to extend the term of the agreement for two (2) additional twelve ( 12) month terms.
NOW, THEREFORE, THE CITY AND GRANICUS agree as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate( s).
2. The Agreement will continue in full force and effect until 6/30/2025.
3. Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
4. In the event of any inconsistency between the provisions of this Second Amendment and the documents comprising the Agreement, the provisions of this Second Amendment shall prevail.
CITY: Granicus:
By: ____________________________ By: __________________________ Jason B. Holley, City Manager Kelly Oliver, VP of Contracts Date____________ Date___________
APPROVED AS TO FORM:
By: William D. Ross, City Attorney
Date: 8/9/2023
DocuSign Envelope ID: BD76B10D- ED73- 47FF-9927-587C7CFE24D5 8/ 9/ 2023
DocuSign Envelope ID: D2DA4975- A276-4F2E-9636-A08880FE1CA4 10/ 19/ 2023
143
408 St. Peter St, Suite 600 THIS IS NOT AN INVOICE Order Form St. Paul, MN 55102 Prepared for
American Canyon, CA
Order #: Q-267061
Prepared: 10 Mar 2023
Granicus Budgetary Proposal for American Canyon, CA
ORDER DETAILS
Prepared By: Antonio Magadan
Phone:
Email: antonio. magadan@granicus. com
Order #: Q-267061
Prepared On: 10 Mar 2023
Expires On: 30 Jun 2023
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 07/ 01/ 2023 - 06/ 30/ 2024
ORDER TERMS
Current Subscription
End Date: 30 Jun 2023
Exhibit A
DocuSign 587C7CFE24D5DocuSign Envelope Envelope ID: ID: BD76B10D- D2DA4975- A276- ED73-4F2E- 47FF-9636- 9927-A08880FE1CA4 144
Order Form
American Canyon, CA
Order #: Q-267061
Prepared: 10 Mar 2023
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
Renewing Subscription Fees
Solution Billing
Frequency Quantity/ Unit Annual Fee
Government Transparency Suite Annual 1 Each $ 18,550.53 Granicus Encoding Appliance Software
GT) Annual 1 Each $ 1,391. 14
Upgrade to SDI 720p Streaming Annual 1 Each $ 1,043. 34 Meeting Efficiency Suite Annual 1 Each $ 0.00
Peak Agenda Management Annual 1 Each $ 7,649. 09
eComment Annual 1 Each $ 1,475.21
Send Agenda (Peak) Annual 1 Each $ 0.00
Open Platform Suite Annual 1 Each $ 0.00
SUBTOTAL:$ 30,109.31
DocuSign 587C7CFE24D5DocuSign Envelope Envelope ID: ID: BD76B10D- D2DA4975- A276- ED73-4F2E- 47FF-9636- 9927-A08880FE1CA4 145
Order Form
American Canyon, CA
Order #: Q-267061
Prepared: 10 Mar 2023
TERMS & CONDITIONS
The terms and conditions set forth in the Agreement effective 01 Jul 2018 are incorporated herein by reference.
This quote, and all products and services delivered hereunder are governed by the terms located at https:// granicus. com/ legal/ licensing, including any product- specific terms included therein ( the “ License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable.
This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of American Canyon, CA to provide applicable exemption certificate(s).
If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-267061 dated 10 Mar 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
DocuSign 587C7CFE24D5DocuSign Envelope Envelope ID: ID: BD76B10D- D2DA4975- A276- ED73-4F2E- 47FF-9636- 9927-A08880FE1CA4 146
AGREEMENT 2021-A110
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To whom it may concern:
15546357.
The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox.
169
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
170
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
171
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
172
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
173
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
174
CNA PARAMOUNT
Nat'l Fire Ins Co of Hartford
GRANICUS,
175
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
176
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
177
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
178
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
179
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
180
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
181
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
182
CNA PARAMOUNT
6043664103
6 Nat'l Fire Ins Co of Hartford
GRANICUS,
183
184
Master Subscription Agreement
This Master Subscription Agreement(" Agreement") is entered into and effective July 6th 2018 Effective Date") by and between American Canyon(" Customer") and Granicus, LLC, a Minnesota Limited Liability Company d/ b/ a Granicus(" Granicus"). Customer and Granicus may each be referred to herein as" Party" or collectively as" Parties".
1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified:
Agreement Term" means the total time covered by the Initial Term and all Extension Terms for each Order, SOW or Exhibit under this Agreement, further specified in Section 7. 1.
Exhibit" means any exhibit referenced herein and attached hereto.
Extension Term" any term that increases the length of the Initial Term of this Agreement.
Fees" mean the fees charged by Granicus for the Granicus Products and Services as identified on each Order, SOW or Exhibit and, unless otherwise stated in each Order, SOW or Exhibit, invoiced upon commencement of the Order Term.
Granicus Products and Services" means the products and services made available to Customer pursuant to this Agreement, which may include Granicus products, services, application software accessible for use by Customer on a subscription basis(" SaaS"), Granicus professional services, content from any professional services or other required equipment components(" Required Hardware"), as specified in each Order, SOW or Exhibit.
Initial Term" shall have the meaning specified in the Order, SOW or Exhibit between Granicus and Customer for the first duration of performance that Customer has access to Granicus Products and Services.
Order" means a written order, proposal, or purchase document in which Granicus agrees to provide and Customer agrees to purchase specific Granicus Products and Services.
Order Term" shall mean the then- current duration of performance identified on each Order, SOW or Exhibit, for which Granicus has committed to provide, and Customer has committed to pay for, Granicus Products and Services.
Statement of Work" or" SOW" means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/ or performed by Granicus. Each Order, SOW or Exhibit shall describe the Parties' performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order, SOW or Exhibit placed hereunder.
Support" means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order, SOW or Exhibit placed between the Parties.
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2. Ordering and Scope
2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order, SOW or Exhibit related to the sale and purchase of Granicus Products and Services. Each Order, SOW or Exhibit will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order, SOW or Exhibit must, generally, be signed by the Parties; although, when a validly-issued purchase order by Customer accompanies the Order, SOW or Exhibit, then the Order, SOW or Exhibit need not be executed by the Parties. Each Order, SOW or Exhibit dated on or after the Effective Date shall be governed by this Agreement regardless of any pre-printed legal terms on each Order, SOW or Exhibit, and by this reference is incorporated herein.
2. 2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Customer is not materially diminished.
2.3. Future Functionality. Customer acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features.
2.4. Cooperative Purchasing. To the extent permitted by law and approved by Customer, the terms of this Agreement and set forth in one or more Order, SOW or Exhibit may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Customer and the applicable additional party upon written request.
3. Use of Granicus Products and Services and Proprietary Rights
3. 1. Granicus Products and Services. The Granicus Products and Services are purchased by Customer as subscriptions during an Order Term specified in each Order, SOW or Exhibit.
Additional Granicus Products and Services may be added during an Order Term as described in Section 2. 1.
3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Customer herby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order, SOW or Exhibit( collectively the" Permitted Use"). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order, SOW or Exhibit.
3. 2. 1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Customer sources( interactions with end users and opt- in contact lists). Customer cannot upload purchased contact information into Granicus Products and Services without Granicus' written permission and professional services support for list cleansing.
3. 2. 2. Content. Customer can only use Granicus Products and Services to share content that is created by and owned by Customer and/ or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed 186
inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus.
3. 2. 3. Granicus Communications Suite Subscriber Information
3. 2. 3. 1. Data Provided by Customer. Data provided by Customer and contact information gathered through Customer' s own web properties or activities will remain the property of Customer(" Direct Subscriber"), including any and all personally identifiable information( PB). Granicus will not release the data without the express written permission of Customer, unless required by law.
3. 2.3. 2. Data Obtained through the Granicus Advanced Network
3. 2. 3. 2. 1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscriber to other Granicus customer' s digital communication( the" Advanced Network"). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a" Network Subscriber" to the agency it subscribed to through the Advanced Network.
3. 2. 3. 2.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Customer is under an active GovDelivery Communications Cloud subscription.
Network Subscribers will not transfer to Customer upon termination of any Granicus Order, SOW or Exhibit. Customer shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Customer within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating.
3. 2. 3. 2. 3. Opt-In. During the last 10 calendar days of Customer' s Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Customer may send an opt-in email to Network Subscribers that shall include an explanation of Customer' s relationship with Granicus terminating and that the Network Subscribers may visit Customer' s website to subscribe to further updates from Customer in the future. Any Network Subscriber that does not opt- in will not be transferred with the subscriber list provided to Customer upon termination.
3. 2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services.
3.3. Restrictions. Customer shall not:
3. 3. 1. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order, SOW or Exhibit placed hereunder; 187
3. 3. 2. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services;
3.3.3. Use the Granicus Products and Services for any unlawful purposes;
3. 3. 4. Export or allow access to the Granicus Products and Services in violation of U. S. laws or regulations;
3. 3. 5. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or
3. 3.6. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part.
3.4. Customer Feedback. Customer herby grants to Granicus an irrevocable, non-exclusive, perpetual, royalty-free transferrable license, with right to sublicense, to use and incorporate into the Granicus Products and Services any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the Granicus Products and Services.
3.5. Required Hardware. For Required Hardware purchased from Granicus by Customer, Granicus will provide to Customer a one( 1) year warranty with respect to the Required Hardware.
Within the one( 1) year warranty period, Granicus shall repair or replace any Required Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. Required Hardware warranty shall commence on the Effective Date of each applicable Order, SOW or Exhibit.
3. 6. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/ or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer.
4. Payment
4.1. Fees. Customer agrees to pay all fees, costs and other amounts as specified in each Order, SOW or Exhibit. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order, SOW or Exhibit will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Customer' s responsibility to provide applicable exemption certificate( s). Unless indicated otherwise in the applicable Order, SOW or Exhibit, the fees shall be invoiced by Granicus and paid by Customer as follows:
4. 1. 1. Products. Product setup and annual fees are due at the beginning of the Initial Term, then annually at the beginning of any Extended Term or Order Term, within thirty( 30) days of receipt of invoice.
4. 1. 2. Services. Services supporting Products shall be paid annually the beginning of any Order Term or Extended Term, within thirty( 30) days of receipt of invoice.
4. 1. 3. Required Hardware. For Required Hardware, delivery is complete once Customer receives Required Hardware components with the configured Granicus Product and Services.
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4.2. Disputed Invoiced Amounts. Customer shall provide Granicus with detailed written notice of any amount(s) Customer reasonably disputes within thirty( 30) days receipt of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4. 1 above if Customer has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Customer' s failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Customer' s acceptance of the content of such invoice.
4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Customer at least thirty( 30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement( including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall automatically increase from the previous term' s fees by three( 3) percent per year.
5. Representations, Warranties and Disclaimers
5. 1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so.
5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided" AS IS" and as available.
5. 3. Disclaimers. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY
NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Confidential Information
6.1. Confidential Information. It is expected that one Party( disclosing Party) may disclose to the other Party( receiving Party) certain information which may be considered confidential and/ or trade secret information(" Confidential Information"). Confidential Information shall include:( i) Granicus' Products and Services,( ii) non- public information if it is clearly and conspicuously marked as" confidential" or with a similar designation at the time of disclosure;( iii) non-public information of the disclosing Party if it is identified as confidential and/ or proprietary before, during, or promptly after presentation or communication and( iv) any information that should be reasonably understood to be confidential or proprietary to the receiving Party, given the nature of the information and the context in which disclosed.
6.2. Exceptions. Confidential Information shall not include information which:( i) is or becomes public knowledge through no fault of the receiving Party;( ii) was in the receiving Party' s possession before receipt from the disclosing Party;( iii) is rightfully receiving by the receiving party from a third party without any duty of confidentiality;( iv) is disclosed by the disclosing Party without a duty of confidentiality on the third party;( v) is independently developed by the receiving Party without use or reference to the disclosing Party' s Confidential Information; or vi) is disclosed with the prior written approval of the disclosing Party.
Confidential Information of disclosing Party may be disclosed in response to a valid court order or other legal process, only to the extent required by such order or process and, if allowed by law, only after the recipient has given the owner written notice of such court order or other 189
legal process promptly and the opportunity for the owner to seek a protective order or confidential treatment of such Confidential Information.
6. 3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/ or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Customer provide such notice, Customer must ensure that that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Customer.
Customer is ultimately accountable for the security and privacy of data held by Granicus on its behalf.
6.4. Return of Confidential Information. Upon request of the disclosing Party, termination, or expiration of this Agreement, the receiving Party shall, to the extent commercially practicable, destroy the disclosing Party's Confidential Information and, at the disclosing Party' s request, certify the same.
7. Term and Termination
7. 1. Agreement Term. The Agreement Term shall begin on the Effective Date and continue through the latest date of the Order Term of each Order, SOW or Exhibit under this agreement, unless otherwise terminated as provided in this Section 7. Each Order, SOW or Exhibit will specify an Order Term for the Granicus Products and Services provided under the respective Order, SOW or Exhibit. Customer' s right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order, SOW or Exhibit, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety( 90) days prior to the end of the Order Term, the Granicus Products and Services will automatically renew for an Extension Term equal in duration to the Initial Term, or the then-current Order Term.
7.2. Effect of Termination. Ifthe Parties agree to terminate this Agreement and an Order, SOW or Exhibit is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order, SOW or Exhibit until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders, SOWs or Exhibits shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Customer be entitled to a refund of any prepaid fees upon termination.
7. 3. Termination for Cause. The non- breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty( 30) days after the non- breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party:( a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership;( b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or( c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order, SOW or Exhibit issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4. 1. 190
7. 4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Customer shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination.
7. 5. Survival. All rights granted hereunder shall terminate the latter of the termination or expiration date of this Agreement, or each Order, SOW or Exhibit. The provisions of this Agreement with respect to warranties, liability, and confidentiality shall survive termination of this Agreement and continue in full force and effect.
8. limitation of Liability
8. 1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL
GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, GRANICUS SHALL NOT BE LIABLE FOR:( A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA;( B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY;( C) LOSS OF BUSINESS;( D) DAMAGES ARISING
OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR( E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL,
EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.
8.2. UMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY' S LIABILITY TO THE OTHER
PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT( WHETHER IN CONTRACT OR TORT OR
OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX( 6) MONTHS IMMEDIATELY PRECEEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER
PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO( 2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER' S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE.
9. Indemnification
9. 1. Indemnification by Granicus. Granicus will defend Customer from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement(" Claims") and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses( collectively, Losses," and including reasonable attorneys' fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U. S. copyright or U. S. patent issued as of the date of the applicable Order, SOW or Exhibit. In the event of such a Claim, if Granicus determines that an affected Order, SOW or Exhibit is likely, or if the Solution is determined in a final, non- appealable judgment by a court of competent jurisdiction, to infringe a valid U. S. copyright or U. S. patent issued as of the date of the applicable Order, SOW or Exhibit, Granicus will, in its discretion:( a) replace the affected Granicus Products and Services;( b) modify the affected Granicus Products and Services to render it non- infringing; or c) terminate this Agreement or the applicable Order, SOW or Exhibit with respect to the 191
affected Solution and refund to You any prepaid fees for the then- remaining or unexpired portion of the Subscription Order Term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Customer harmless from any Claim to the extent it is based upon:( i) a modification to any Solution by Customer( or by anyone under Customer' s direction or control or using logins or passwords assigned to Customer);( ii) a modification made by Granicus pursuant to Customer' s required instructions or specifications or in reliance on materials or information provided by Customer; or( iii) Customer' s use( or use by anyone under Customer' s direction or control or using logins or passwords assigned to Customer) of any Granicus Products and Services other than in accordance with this Agreement. This Section
9.1 sets forth Customer' s sole and exclusive remedy, and Granicus' entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party.
9. 2. Indemnification by Customer. Customer shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to a) Customer' s( or that of anyone authorized by Customer or using logins or passwords assigned to Customer) use or modification of any Granicus Products and Services;( b) any Customer content; or( c) Customer' s violation of applicable law.
9. 3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9:( a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim;( b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and( c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choke, but shall not settle any such Claim without the indemnifying Party' s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party.
10. General
10. 1. Relationship of the Parties. Granicus and Customer acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/ employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations.
10. 2. Subcontractors. Granicus agrees that it shall be responsible for all acts and omissions of its subcontractors to the same extent Granicus would be responsible if committed directly by Granicus.
10. 3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties.
10. 4. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. Notwithstanding the foregoing, Granicus retains the right to revise the policies referenced herein at any time, so 192
long as the revisions are reasonable and consistent with industry practices, legal requirements, and the requirements of any third-party suppliers.
10.5. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
10. 6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party( such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party' s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party' s business by means of merger, stock purchase, asset purchase, or otherwise.
Any assignment or attempted assignment in violation of this Agreement shall be null and void.
10. 7. No Third- Party Beneficiaries. Subject to Section 9. 6, this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement.
10. 8. Notice. All notices under this Agreement shall:( a) be in writing and shall be addressed to the other Party at the mailing address set forth below, with a copy of any such notice being emailed to the email address set forth below on the same day that the notice is mailed. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses ofthe Parties are as follows:
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A1TN: Contracts ATTN: Suellen Johnston
Address: 408 St. Peter Street Address: City of American Canyon City Clerk Suite 600 4381 Broadway Street, Suite 201
Saint Paul, MN 55102
American Canyon, CA 94503
Phone: ( 651) 757-4154 Phone: 707- 647- 5337
Email: contracts@granicus. com Email: [email protected]
10. 9. Force Majeure. Neither Party shall be in breach of this Agreement solely due to breach caused by circumstances beyond the control and without the fault or negligence of the Party failing to perform. Such causes include but are not limited to acts of God, wars, fires, floods, government regulations, shortage or supplies, acts of terrorism, or strikes.
10. 10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of California, without reference to the State' s principles of conflicts of law. The parties expressly consent and submit to the exclusive jurisdiction ofthe state and federal courts of Napa County, California.
10. 11. Entire Agreement. This Agreement, together with all Orders, SOWs or Exhibits referenced herein, sets forth the entire understanding of the Parties with respect to the subject 193
matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Customer agree that any and all Orders, SOWS or Exhibits are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order:( 1) the terms of this Agreement;( 2) Exhibits( excluding orders) hereto;( 3) Orders; and( 4) all other SOWs or other purchase documents.
10. 12. Reference. Notwithstanding any other terms to the contrary contained herein, Customer grants Granicus the right to use Customer' s name and logo in customer lists and marketing materials.
10. 13. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Customer' s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective dulyauthorized representatives on the Effective Date as set forth above.
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Attachments: Exhibit A( Quote)
194
GRAN ICUS
EXHIBIT A
Granicus Proposal for American Canyon, CA
Granicus Contact
Name: Ryan McClain
Phone:+ 1 8044849161
Email: ryan.mcclain@granicus. com
Proposal Details
Quote Number: Q- 34985
Prepared On: 6/ 22/ 2018
Valid Through: 6/ 30/ 2018
Pricing
Payment Terms: Net 30
Currency: USD
One-Time Fees
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Granicus Encoding Appliance Hardware- SDI( AMAX)( GT) 50% Upon 1 Each 3, 500. 00 Delivery
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Annual Fees for Renewing Subscriptions
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Granicus Encoding Appliance Software
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TOTAL: 21, 289.94 21, 928.63
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Product Descriptions
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Government Government Transparency are the live in- meeting functions. Streaming of an event, pushing of Transparency Suite documents, indexing of event, creation of minutes.
Granicus Encoding AMAX Encoder with Osprey SDI Card. Used to pass commands and data from LiveManager that Appliance Hardware- include Start/ Stop of webcast, indexing, and document display. Also serves to distribute video SDI( AMAX)( GT) and captions to be distributed to the CDN or Performance Accelerator.
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Granicus Encoding Granicus Encoding Appliance Software( GT) This includes the LiveManager Software solution Appliance Software where webcasts are started/ stopped, agendas amended and indexed, votes and attendance GT) recorded, and minutes created.
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Terms and Conditions
This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of American Canyon, CA to provide applicable exemption certificate( s).
Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote Q- 34985 dated 6/ 22/ 2018 are incorporated into this Purchase Order by reference.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
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CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
CONSENT
ITEM NUMBER: 17.
TITLE
Canyon Estates Public Improvements Final Acceptance
RECOMMENDATION
Adopt a Resolu(on for final acceptance of the public improvements associated with the Canyon Estates Project.
CONTACT
Erica Ahmann Smithies, P.E., Public Works Director/City Engineer Edison Bisnar, P.E., Senior Civil Engineer
BACKGROUND & ANALYSIS
On February 16, 2016, The City of American Canyon City Council approved the Residen(al Design Guidelines and Tenta(ve Subdivision Map of Canyon Estates Property to create 35 lots of custom or semi-custom homes, at Newell Drive in American Canyon, City Resolution 2016-20.
On February 22, 2021, The City of American Canyon Public Works Department approved the Canyon Estates Improvement and Grading Plans.
On November 15, 2022, The City of American Canyon City Council passed Resolu(on 2022-R105 for par(al acceptance of all public improvements associated with the Canyon Estates Project, including onsite sewer and potable water and offsite potable water and recycled water, except the Newell Drive improvements consis(ng of curb ramps, new crosswalk striping, installa(on of new rectangular flashing beacons, new sidewalk and new landscaping due to outstanding punch list repair items.
On March 18, 2025, staff inspected the remaining public improvements that needed correc(on and repair and found that the correc(ons and repair are completed to the sa(sfac(on of the City Engineer. Staff recommend that the Canyon Estates Public Improvements Project be accepted into the City’s system for operation and maintenance.
COUNCIL PRIORITY PROGRAMS AND PROJECTS
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Infrastructure: "Develop and maintain infrastructure resources to support sustainable growth."
FISCAL IMPACT
All costs associated with the opera(on and maintenance of the public facili(es will be the responsibility of the city.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act, the Final Environmental Impact Report for the Project was presented at a no(ced public hearing held on January 20, 2015. The Planning Commission adopted Resolu(on 2015-05 recommending that the City Council adopt the Mi(ga(on Monitoring and Reporting Program.
ATTACHMENTS:
1. Resolution - Canyon Estates Public Improvements Final Acceptance 200
RESOLUTION NO. 2025 - _____
RESOLUTION FOR FINAL ACCEPTANCE OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CANYON ESTATES PROJECT.
WHEREAS, on February 16, 2016, The City of American Canyon City Council approved the Residential Design Guidelines and Vesting Tentative Subdivision Map of Canyon Estates property to create 35 lots for custom or semi-custom homes, at Newell Drive in American Canyon, City Council Resolution 2016-20; and WHEREAS, on February 22, 2021, The City of American Canyon Public Works Department approved the Canyon Estates Improvement and Grading Plans; and
WHEREAS, on November 15, 2022, The City of American Canyon City Council passed Resolution 2022- R105 for partial acceptance of all public improvements associated with the Canyon Estates Project, including onsite sewer and potable water and offsite potable water and recycled water, except the Newell Drive improvements consisting of curb ramps, new crosswalk striping, installation of new rectangular flashing beacons, new sidewalk and new landscaping due to outstanding punch list repair items.; and WHEREAS, on March 18, 2025, staff inspected the remaining public improvements that needed correction and repair and found that the corrections and repair are completed to the satisfaction of the City Engineer.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of American Canyon hereby accepts the remaining public improvements, associated with Canyon Estates Project, into the City’s system for operation and maintenance.
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 20th day of May 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney Attachments:
Resolution
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CITY COUNCIL AGENDA
MAY 20, 2025
STAFF REPORT
PUBLIC HEARING
ITEM NUMBER: 18.
TITLE
General Plan Comprehensive Update, Environmental Impact Report, and Zoning Code Amendment
RECOMMENDATION
The City Council is requested to make the following decisions:
1. A Resolu3on to: (i) Cer3fy the Comprehensive Technical General Plan Update Final Environmental Impact Report (SCH # 2022070038), (ii) Adopt CEQA Findings of Fact and a Statement of Overriding Considerations, and (III) Adopt a Mitigation Monitoring and Reporting Program.
2. A Resolu3on adop3ng the Comprehensive 2040 Technical General Plan Update and Policies to sustain compliance with the 2024 Napa County Airport Land Use Compatibility Plan.
3. Waive first reading, read by 3tle only, and adopt an Ordinance amending the Zoning Code, American Canyon Title 19 to be consistent with the General Plan and the Napa County Airport Land Use Compatibility Plan.
CONTACT
Brent Cooper, AICP, Community Development Director
BACKGROUND & ANALYSIS
What is a General Plan:
The General Plan guides the City toward a shared community vision of a Healthy, Equitable, Resilient, and Economically Vibrant community through the Year 2040 and beyond. Since 1990, the California Supreme Court firmly established that the General Plan is the pre-eminent statement of local planning that governs future growth and development. Referring to it as "the cons3tu3on for all future development," the General Plan is inherently broad-based because it lays out overarching goals, policies, and actions that guide all government actions.
Our current General Plan was adopted soon aCer incorpora3on on November 3, 1994. Over the years, the General Plan has been amended many 3mes - as recently as November 2023. However, inconsistencies among the elements emerge, and some policies have become outdated. The proposed Comprehensive General Plan Update addresses current local and regional condi3ons, as 202
well as changes in State law that may not have been in effect when the General Plan was originally adopted.
With a legally adequate General Plan in place, the City can systema3cally implement its vision through regulatory tools such as Specific Plans, Zoning Ordinances, and Design Guidelines, as well as immediate-term projects like Land Subdivisions, Design Permits, Condi3onal Use Permits, and Public Works Capital Improvement Programs.
The proposed 2040 Technical General Plan Update is organized into the following elements: Land Use; Housing; Mobility; U3li3es; Public Services and Facili3es; Environment, Parks, and Recrea3on; Safety; and Environmental Jus3ce. Together, these elements cover all topics required to be included in a General Plan under State law. Addi3onal elements may be added in the future as resources and priori3es arise. A copy of the General Plan is included as AIachment 2, Exhibit A. A graphic prepared by the League of California Ci3es illustrates the General Plan and its rela3onship to mid- and shortrange policy ac3ons. See AIachment 4. You can read more about the Purpose and Use of a General Plan in the Introduc3on Chapter of the General Plan. The General Plan is available in AIachment 2, Exhibit A.
General Plan Review Schedule:
The General Plan Update schedule would complete the update and associated zoning code amendments before the the City's next Fiscal Year, which begins July 1. Listed below is the schedule. Items shown in bold were completed:
Date Hearing Body Hearing Type
03.27.25 Planning Commission EIR, General Plan & Zoning Public Hearing
04.02.25 OSATS Commission General Plan & Zoning Recommendation
04.10.25 Parks & Community Services
Commission
General Plan & Zoning Recommendation
04.15.25 City Council EIR, General Plan & Zoning Workshop
05.07.25 Napa County ALUC General Plan & Zoning Conformance
05.20.25 City Council EIR, General Plan & Zoning Public Hearing
06.03.25 City Council Zoning Final Reading Consent
General Plan Study Areas:
California state law requires the study area to include the City limits plus any land outside its boundaries, in the planning agency’s judgment, that bears rela3on to its planning ” (Gov. Code § 65300). Consistent with State Law, there are several geographical areas that influence long-term planning. These include the following:
City Limits. This is the boundary within the incorporated city limits. Land Use policies in American Canyon are adopted by the City Council. Except for property owned and operated by the Federal Government or State of California and their agencies (i.e.: Caltrans, Napa 203
Valley Unified School District), American Canyon has land use authority over all land within its city limits.
Sphere of Influence. The Napa Local Agency Forma3on Commission (LAFCO) establishes the Sphere of Influence (SOI), which defines the probable physical boundary and service area of a local agency. The SOI includes incorporated and unincorporated areas where the City has or plans to have responsibility to provide public facili3es and services. In most situa3ons, property must be located in the SOI before it can be annexed into the City limits. The City’s SOI was approved by LAFCO at the 3me of incorpora3on in 1992 and updated periodically since then. The most recent update was in 2015 in associa3on with the Canyon Estates annexation.
Urban Limit Line. The City Council adopted a voter-ini3ated Urban Limit Line (ULL) around the city in 2008. Nego3ated with Napa County in 2008, the ULL extends beyond the City's SOI.
The ULL boundary represents an agreement between the City and County over the City limits to the Year 2030, aCer which the ULL expires. Prior to 2030, the agreement states the ULL can only be modified by the voters. The General Plan contemplates extending the exis3ng ULL indefinitely and designates the Hess/Laird Property northeast of the City’s current ULL as a ULL Study Area.
General Plan Planning Area. The General Plan Planning Area encompasses the City of American Canyon Water and Sewer Service areas. Napa County has land use authority outside the City Limits, however, as the Water and Sewer Service provider, the City has authority over these services. For this reason, the Water and Sewer Service areas bear rela3on to the City’s planning consistent with Government Code Section 65300.
A map published by LAFCO depicts the City in grey, the SOI with a solid black line, and the ULL with a dashed red line. See AIachment 5. A map depic3ng the City's General Plan Planning Area is included as Attachment 6.
General Plan Update Scope:
The General Plan update effort began in December 2019 with Min3er Harnish as the project manager. Later on, Rincon Associates joined the team. Over these years, numerous significant ac3vi3es influenced the proposed General Plan. A summary of important milestones are listed below:
January 2020 - The City Council established an advisory commiIee for Lifelong Learning and the West Side Roadway Connector. Numerous mee3ngs helped shape policies in the 2040 General Plan.
January 2020 - The City Council amended the General Plan to update the Citywide Bicycle Master Plan. This plan remains in the 2040 General Plan along with the Pedestrian Master Plan, adopted in 2017.
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September 2020 - Significant budget reduc3ons caused by diminished economic ac3vity from the Covid Pandemic necessitated a lower General Plan budget and reduced scope.
June 2021 - The City Council accepted the West Side CommiIee's roadway alignment recommendation. See Attachment 7.
September 2021 - The City Council amended the General Plan to incorporate greenhouse gas and climate change policies into the Land Use Element. This General Plan Amendment enabled an ordinance to prohibit any new gas stations in American Canyon.
September 2021 - The City Council amended the General Plan to allow mul3family residen3al development on the east side of Oat Hill. A series of en3tlements were approved at that 3me, and today, apartment construction is well under way.
January 2022 - City Council modified the scope to address a more technical approach, intended to expedite completion of the General Plan schedule.
April 2022 - The City Council directed staff to add the Hess/Laird property to the General Plan scope as a Special Study area for potential inclusion in the City's Urban Limit Line.
June 2022 - The City issued a No3ce of Prepara3on (NOP) to begin the environmental review process for the General Plan. The NOP provides a detailed descrip3on of the General Plan Update. A copy of the NOP is included in Attachment 8.
January 2023 - In a joint mee3ng with the Planning Commission, the City Council approved an update to the Housing Element. In June 2023, the State of California Department of Housing and Community Development (HCD) certified the Housing Element.
April 2023 - The City Council amended the General Plan to delete growth control policies that conflicted with State Housing laws.
August 2023 - The City Council amended the General Plan to accommodate changes to the Watson Ranch Specific Plan.
September 2023 - The City Council adopted for "Vehicle Miles Traveled" (VMT) standards for new development. Adopting VMT standards is a goal in the NOP scope of work.
September 2023 - The City Council decided to not amend the NVUSD surplus school sites to a residential zoning district through the General Plan update process.
November 2023 - The City Council amended the General Plan to accommodate pre-zoning for 205
the Paoli/Watson Lane annexation.
February 2024 - The City Council cer3fied the Measure K Ini3a3ve, establishing ministerial permitting for certain warehouse facilities in American Canyon.
February 2024 - The City Council approved first-of-its-kind industrial greenhouse gas and commerce center sustainability standard ordinances in the Bay Area.
September 2024 - The General Plan DraC Environmental Impact Report (EIR) was released for public review.
October 2024 - The Planning Commission conducted a workshop on the Draft EIR conclusions.
December 2024 - Napa County Airport Land Use Commission (ALUC) adopted an updated Airport Land Use Compa3bility Plan (ALUCP) for the County's two airports - Angwin and Napa.
This issue is discussed further in the staff report.
December 2024 - The extended General Plan EIR public review period ends.
March 2024 - Responses were sent to address comments on the Draft EIR.
General Plan Map and Zoning Map Changes:
The proposed General Plan Land Use map is included as AIachment 9. This map designates a General Plan land use category toall property within the city limits, sphere of influence, and urban limit line.
Normally, a Comprehensive General Plan Update brings many land use changes. Fortunately, because many significant land use amendments were completed during the General Plan update 3meframe, there are few remaining land use changes needed at this 3me. What is leC include General Plan land uses that do not match the exis3ng uses. For example, various creeks are redesignated from Residen3al to Open Space. Napa Junc3on Elementary School, Donaldson Way Elementary School, and various parks are redesignated from Residen3al to Public. Proposed land use changes are shown in Attachment 10.
The General Plan land use changes are paired with zoning map changes. Amending the zoning at the same 3me as the General Plan maintains consistency between these two documents. A table iden3fying each parcel earmarked for a zoning map amendment can be found within the Zoning Amendment Resolution included as Attachment 3.
Public Review Draft General Plan Revisions:
The General Plan was made available for public review in September 2024. During this 3me, the City received a leIer from the Napa County Bicycle Coali3on(AIachment 11), which improved the 206
General Plan.
Most, but not all of the Coali3ons sugges3ons are included in the revised General Plan. One sugges3on related to a specific percentage of VMT reduc3on by 2045, which is no achievable by means within the control of the City. Addi3onal sugges3ons for implementa3on and/or service standards are likewise not included. Examples include: devo3ng fiscal resources to complete 50% of our ac3ve transporta3on network by 2040 and specified street sweeping schedules. The Coali3on's well-intended ideas might be implemented in the future, but only aCer subsequent Council approvals. Said differently, the General Plan as presented tonight forms the high-level basis for the more granular implementation of specific stand-alone efforts in the future.
The draC General Plan has been renamed "Public Review DraC March 2025." The current draC iden3fies changes to the September Public Review DraC. Deleted text is noted with strikethrough.
Added text is noted with a double underline. Each change is explained with a Justification note.
General Plan Graphic Images:
Apart from the content itself, there are a number of placeholder graphics throughout the General Plan. Over the past year, the City Communica3ons team has acquired an extensive library of local photos. Prior to the General Plan adop3on, staff will review the General Plan graphics and replace "non-local" images with illustrations more representative of life in American Canyon.
Napa Airport Land Use Compatibility Plan Update:
On December 4, 2024, the Napa County Airport Commission (ALUC) adopted a new Airport Land Use Compa3bility Plan (ALUCP) for the County's two airports - Angwin and Napa. The 2024 Airport Land Use Compa3bility Plan (ALUCP) updates and en3rely replaces the 1991 ALUCP amended in December 1999 (1999 ALUCP). Much like our General Plan, the need for the comprehensive update arose primarily because of a ALUC desire to bring the plan up to current standards, reflect current airport layout plans (ALPs), and address stakeholder needs.
The primary func3on of the Airport Land Use Compa3bility Plan (ALUCP) is to ensure compa3bility between Napa and Angwin Airports and future land use development in their surrounding areas.
The plan achieves this by establishing a set of compa3bility criteria for new development around each airport.
The ALUCP is a complex regulatory document because it considers many different land use scenarios in the vicinity of each airport. A land use compa3bility zone map that corresponds to safety generally associated with aircraC paIerns around the airport is a primary tool to regulate building occupancy and land uses within the airport influence area. The Napa Airport land use compa3bility zone map is an exhibit in the new Zoning Code Chapter 19.55 Airport Land Use Compa3bility (Attachment 3, Exhibit B).
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The Land Use Compa3bility Zone map divides the airport influence area into Zones A through E.
Zone A is the most restric3ve, and Zone E is the last restric3ve. In American Canyon, most areas of the City are located well outside the most restric3ve areas close to the airport. In our industrial districts located south of Napa Airport, the warehouse, logis3cs and office uses meet the building occupancy standards. Under the new plan there is no significant change an3cipated to occupancy limitations on new development.
The areas of American Canyon, generally south of the warehouses off Green Island Road, and north and east of Oat Hill were located in Zone D of the former Airport Compa3bility Plan. Under the former plan, Zone D was considered an aircraC noise impact area and housing was considered incompatible.
The new plan updated aircraC noise contours and concluded that very low density and higher density housing is compa3ble in the southern areas of the former Zone D. Today, the new ALUCP designates this area as Zone D2. Zone D2 covers the vacant proper3es between Eucalyptus Drive and Green Island Road, the Paoli/Watson Annexa3on area, and the Hess/Laird proper3es, among others. Allowance of residen3al uses in the former Zone D opens up new opportuni3es for vacant proper3es within the General Plan study area. Amendments to the General Plan, should it be considered, would occur after this current General Plan update is complete.
For now, because the Napa Airport Land Use Compa3bility Plan extends into American Canyon, State Law requires our General Plan to be revised within 180 days of the ALUCP adop3on. The 180- day deadline will occur on June 2, 2025. To meet this deadline, the General Plan update adopts the ALUCP as a standalone document into the General Plan and adds policy amendments. The ALUCP may be viewed in AIachment 1, Exhibit B. The ALUCP policy amendments may be viewed in the Land Use Element, Goal LU-9 and the Safety Element, Goal S-6.
State Law also requires the Zoning Ordinance be consistent with the ALUCP. To provide this consistency, the Zoning Code Amendment includes a new Municipal Code Chapter 19.55 - Airport Land Use Compa3bility. This new zoning chapter provides further consistency with the ALUCP. The new Chapter 19.55 can be viewed in Attachment 3, Exhibit B.
Amendment of the General Plan, including policies to bring the General Plan and Zoning into conformance with the ALUCP requires a conformance review by the ALUC. Administered by Napa County staff, we will submit the General Plan and Zoning Code update to ALUC shortly aCer the Planning Commission hearing. The project schedule contemplates a conformance determina3on by the ALUC prior to City Council action on the EIR, General Plan and Zoning Code Amendments.
California Environmental Quality Act:
The General Plan Update is subject to the California Environmental Quality Act (CEQA), a state law enacted in 1970. CEQA requires all public agencies to iden3fy and disclose poten3ally significant 208
environmental effects of land use projects and to avoid or mitigate those effects if feasible.
The 2040 Technical General Plan Update Environmental Impact Report (EIR) examines the poten3al environmental effects of the proposed General Plan and subsequent ac3vi3es, such as zoning code amendments and approval of development proposals throughout the City.
The EIR evaluates numerous environmental issues and categorizes each poten3al impact under one of four levels of environmental significance:
1. No Impact: The proposed plan would have no effect on environmental condi3ons or would reduce existing environmental problems or hazards.
2. Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mi3ga3on measures. However, mi3ga3on measures that could further lessen the environmental effect may be suggested if readily available and easily achievable.
3. Less than Significant with Mi<ga<on Incorporated. An impact that can be reduced to below the threshold level with reasonably available and feasible mi3ga3on measures. Such an impact requires findings under Section 15091 of the CEQA Guidelines.
4. Significant and Unavoidable. An impact that cannot be reduced to below the threshold level with reasonably available and feasible mi3ga3on measures. Such an impact requires a Statement of Overriding Considera3ons to be issued if the proposed plan is approved pursuant to Section15093 of the CEQA Guidelines.
Fortunately, the General Plan is an3cipated to cause only two significant and unavoidable environmental impacts:
1. Construc<on Noise. Construc3on noise will temporarily exceed limits in the Noise Ordinance.
Although noise may exceed standards, many measures can be taken to reduce noise to the greatest extent possible, including measures that will reduce noise from non-construc3on ac3vi3es. Table ES-1 in the Draft EIR identifies these measures. See Attachment 1, Exhibit A.
2. Vehicle Miles Traveled. Vehicle Miles Traveled (VMT) measures the distance people travel.
Typically, automobile travel is inefficient because many of us travel alone in cars. As a result, transporta3on is a major source of greenhouse gases that contribute to climate change. Smart growth policies, such as improving transit, crea3ng safer ways to walk and bike to frequent des3na3ons, and reducing the distance between homes and shopping or employment can reduce VMT.
American Canyon adopted a Vehicle Miles Travelled (VMT) Policy in 2023, aiming to reduce per capita vehicle transporta3on use by 19 percent. The good news is that smart growth policies in the updated General Plan reduce non-residen3al (employee) VMT by nearly 33%, exceeding the 19% reduc3on goal. However, citywide residen3al VMT is forecasted to be reduced by only 4.4%, falling short of the 19% reduc3on goal. Con3nued efforts to provide services near residents and economic 209
development efforts to bring more jobs closer to American Canyon residents will help reduce VMT in the long term.
Because the General Plan Update creates two significant and unavoidable impacts, staff recommends the City Council adopt a Statement of Overriding Considera3ons which is contained in Attachment 1, Exhibit E.
Economic Development:
A General Plan promotes economic development by providing a framework for future growth, including land use, infrastructure, and housing. This framework aIracts businesses and creates a stable environment for economic activity.
The original General Plan included an Economic Development Element, but its policies are now outdated. Due to Covid-era budget limita3ons, a new Economic Development Element was removed from the General Plan scope. While an Economic Development Element can be useful, an updated General Plan that complies with State Law is itself a powerful tool for spurring economic development. For example, a General Plan that highlights American Canyon's intrinsic appeal can attract economic activity.
What makes American Canyon an aIrac3ve loca3on for economic ac3vity? The City's contribu3on to economic ac3vity is good governance. Good governance means implemen3ng the General Plan through the following public services:
Specific Plans (such as Watson Ranch and Broadway District), CEQA Streamlining with Program EIRs (such as the General Plan EIR), Online permitting,
Responsive development application review times,
Cost-effective infrastructure implementation (including parks, trails, roadways, and utilities), Strong public safety,
Robust recreation and active transportation measures,
Environmental stewardship and climate adaptation,
Support for public schools and lifelong learning,
Inclusive community outreach and participation,
Extensive community partnership,
A balanced municipal budget, and much more.
Policies addressing these and other issues, when implemented earnestly, will enhance American Canyon as an attractive place to do business, thereby furthering economic development in our City. 210
COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."
FISCAL IMPACT
The cost to prepare the General Plan Update project is included in the current and proposed Citywide budget.
ENVIRONMENTAL REVIEW
The City of American Canyon prepared an Environmental Impact Report (EIR – State Clearinghouse No. 2022070038) for the General Plan Update Project in accordance with the California Environmental Quality Act.
ATTACHMENTS:
1. Resolution - CEQA General Plan Update
Exhibit A - 2040 General Plan Update DEIR
Exhibit B - 2040 General Plan Update DEIR Appendices
Exhibit C - 2040 General Plan Update FEIR
Exhibit D - MMRP
Exhibit E - CEQA Findings and SOC Final
2. Resolution - General Plan Update
Exhibit A - 2040 General Plan Update
Exhibit B - ALUCP
3. Ordinance - Zoning Ordinance for General Plan Update Exhibit A - Chapter 19.55 Airport Land Use Compatibility
4. General Plan Graphic
5. City SOI and ULL Map
6. General Plan Study Area Map
7. West Side Connector
8. EIR Notice of Preparation (NOP) 7-5-22
9. General Plan Land Use Map
10. General Plan Land Use Amendments
11. NCBC Comments
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RESOLUTION NO. 2025-XX
A RESOLUTION TO: (i) CERTIFY THE COMPREHENSIVE TECHNICAL GENERAL PLAN UPDATE FINAL ENVIRONMENTAL IMPACT REPORT (SCH # 2022070038), (ii) ADOPT CEQA FINDINGS OF FACT
AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND (III) ADOPT A MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, in 2019, the City of American Canyon ("City") began the process of comprehensively updating the General Plan, and since this time City officials, employees, and community members have been actively involved in the preparation of the 2040 General Plan Update ("2040 General Plan"); and WHEREAS, the 2040 General Plan applies to lands within City limits and also certain lands outside City limits, which collectively comprise the City's Planning Area. The City's Planning Area covers includes the City of American Canyon Water and Sewer Service area, the City limits, the City’s Sphere of Influence (SOI), and urban limit line; and
WHEREAS, the 2040 General Plan is a comprehensive, long-term plan for the City's future growth and development, represents the community’s view of its future, and contains the goals and policies upon with the City Council, Planning Commission, and the entire community will base land use and resource decisions; and
WHEREAS, the City is the lead agency for the 2040 General Plan project pursuant to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the City has completed the 2040 General Plan and analyzed potential environmental impacts in compliance with CEQA. The 2040 General Plan and corresponding environmental review documents are now before the City's decision- making bodies for consideration, certification, and adoption; and WHEREAS, on July 5, 2022, the City filed a Notice of Preparation ("NOP") with the State Office of Planning and Research (OPR") to determine the scope of environmental review for the 2040 General Plan. The NOP was circulated to the relevant state and local public agencies, as well as to interested organizations and members of the public between July 5, 2022 to August 4, 2022; and WHEREAS, the City prepared a Draft Environmental Impact Report (Draft EIR) (SCH No. 2022070038) for the 2040 General Plan; and
WHEREAS, on September 28, 2024, the City issued a Notice of Completion (NOC) and a Notice of Availability (NOA) which started a 45-day review period that extended to November 12, 2024; and WHEREAS, the City notified the public about the availability of the Draft EIR through the publication of an advertisement in a newspaper (Vallejo Times Herald) and via email; and WHEREAS, on October 24, 2024, the Planning Commission conducted a workshop to receive public comments on the scope and content of the environmental impact report; and WHEREAS, on November 12, 2024, the City extended the public review period to December 27, 2024; and 212
WHEREAS, the City received a total of nine (9) comment letters relating to the 2040 General Plan Draft EIR during the public review period; and
WHEREAS, on or before March 14, 2025, the City delivered responses to each of the nine (9) written comment letters received on the content of the Draft EIR in the form of the Final EIR; and WHEREAS, the City prepared the Final Environmental Impact Report ("Final EIR") for the 2040 General Plan, which incorporates the Draft EIR, contains the City's responses to written comments received on the Draft EIR, and identifies revisions to the Draft EIR; and WHEREAS, pursuant to California Code of Regulations, Title 14 ("CEQA Guidelines"), Section 15090, the lead agency's decision-making bodies shall review the Final EIR and certify that the Final EIR was prepared in compliance with CEQA; and
WHEREAS, pursuant to CEQA Guidelines Section 15091, the City prepared findings regarding the significant adverse environmental impacts that may result from approval and implementation of the 2040 General Plan ("CEQA Findings"); and
WHEREAS, pursuant to CEQA Guidelines Sections 15091 and 15093, the City prepared a Statement of Overriding Considerations for environmental impacts that are expected to remain significant and unavoidable; and
WHEREAS, pursuant to CEQA Guidelines Section 15091 and 15097, the City prepared a Mitigation Monitoring and Reporting Program ("MMRP") for mitigation measures imposed to avoid or mitigate significant environmental impacts; and
WHEREAS, the City Council has reviewed the Final EIR (incorporated hereto as Exhibit A), the CEQA Findings and the Statement of Overriding Considerations (attached hereto as Exhibit B), and the MMRP (attached hereto as Exhibit C); and
WHEREAS, CEQA Guidelines Section 15090 requires that, prior to approving a proposed project for which a Final EIR has been prepared, a lead agency’s decision making body must certify that: (1) the Final EIR has been completed in compliance with CEQA; (2) the Final EIR was presented to the decision-making body of the lead agency, and the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and (3) the Final EIR reflects the lead agency‘s independent judgment and analysis; and
WHEREAS, prior to approving a proposed project for which a Final EIR has identified significant environmental effects, a lead agency’s decision making body is required, pursuant to Public Resources Code Section 21081, subdivision (a), and CEQA Guidelines Section 15091, to adopt findings demonstrating that the decision making body has considered and adopted all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant project-related environmental effects (“CEQA Findings of Fact”); and
WHEREAS, prior to approving a project that requires the adoption of feasible mitigation measures to substantially lessen or avoid significant environmental effects, a lead agency’s decision-making body is required by Public Resources Code Section 21081.6, subdivision (a), to adopt a mitigation monitoring and 213
reporting program to ensure that the mitigation measures adopted by the lead agency are carried out; and
WHEREAS, on March 27, 2025, the Planning Commission conducted a duly-noticed public hearing to evaluate the Comprehensive Technical General Plan Update and Final EIR and determined that based on all the evidence presented, including, but not limited to, written and oral testimony given at meetings, it is appropriate to recommend that the City Council certify the Final EIR as adequate to address environmental impacts associated with the Comprehensive Technical General Plan Update, and adopt the Mitigation Monitoring and Reporting Program; and
WHEREAS, on April 15, 2025, the City Council conducted a workshop to evaluate the Comprehensive Technical General Plan Update and Final EIR; and
WHEREAS, on May 7, 2025, the Napa County Airport Land Use Commission determined that the proposed General Plan Update is consistent with the Napa County Airport Land Use Compatibility Plan; and WHEREAS, on May 20, 2025, the City Council conducted a duly-noticed public hearing to evaluate the Comprehensive Technical General Plan Update and Final EIR and determined that based on all the evidence presented, including, but not limited to, written and oral testimony given at meetings, it is appropriate to certify the Final EIR as adequate to address environmental impacts associated with the Comprehensive Technical General Plan Update, and adopt the Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and are included herein by reference as findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council makes the three findings necessary to certify that the Final EIR reflects the independent judgement and analysis of the City and thoroughly as adequate to addresses the potentially significant environmental impacts associated with implementation of the Comprehensive Technical General Plan Update. The Final EIR consists of the Draft EIR (Exhibit A to this Resolution) and Appendices (Exhibit B to this Resolution), and the Final EIR, which includes a list of persons, organizations, and agencies that provided comments on the Draft EIR, responses to the comments received regarding the Draft EIR, and errata or revisions to the Draft EIR (Exhibit C to this Resolution).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council adopts the Mitigation Monitoring and Reporting Plan for the Comprehensive Technical General Plan Update Exhibit D to this Resolution).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council adopts Findings of Fact for the Comprehensive Technical General Plan Update (Exhibit E to this Resolution).
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 20th day of May 2025, by the following vote:
214
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney Exhibits
Exhibit A: Draft EIR
Exhibit B: Draft EIR Appendices
Exhibit C: Final EIR
Exhibit D: Mitigation Monitoring and Reporting Plan
Exhibit E: Findings of Fact
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American Canyon 2040 General Plan Update
Draft Environmental Impact Report
SCH# 2022070038
prepared by
City of American Canyon
Community Development Department
4381 Broadway Street Suite 201
American Canyon, California 94503
Contact: Brent Cooper, Community Development Director
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
September 2024
216
American Canyon 2040 General Plan Update
Draft Environmental Impact Report
SCH# 2022070038
prepared by
City of American Canyon
Community Development Department
4381 Broadway Street Suite 201
American Canyon, California 94503
Contact: Brent Cooper, Community Development Director
prepared with the assistance of
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
September 2024
217
This report prepared on 50% recycled paper with 50% post-consumer content. 218
Table of Contents
Draft Environmental Impact Report i
Table of Contents
Executive Summary ...........................................................................................................................ES-1 Project Synopsis.........................................................................................................................ES-1 Project Objectives......................................................................................................................ES-1 Alternatives................................................................................................................................ES-2 Areas of Known Controversy .....................................................................................................ES-2 Issues to be Resolved.................................................................................................................ES-2 Issues Not Studied in Detail in the EIR.......................................................................................ES-2 Summary of Impacts and Mitigation Measures ........................................................................ES-3 1 Introduction................................................................................................................................ 1-1
1.1 Environmental Impact Report Background..................................................................... 1-1
1.2 Overview of the Project.................................................................................................. 1-2
1.3 Purpose and Legal Authority........................................................................................... 1-2
1.4 Scope and Content.......................................................................................................... 1-3
1.5 Lead, Responsible, and Trustee Agencies....................................................................... 1-6
1.6 Intended Uses of the EIR................................................................................................. 1-6
1.7 Environmental Review Process....................................................................................... 1-7 2 Project Description ..................................................................................................................... 2-1
2.1 Project Purpose............................................................................................................... 2-1
2.2 Project Proponent/Lead Agency..................................................................................... 2-1
2.3 Project Location .............................................................................................................. 2-1
2.4 Regulatory Setting........................................................................................................... 2-3
2.5 Project Objectives........................................................................................................... 2-5
2.6 Project Characteristics.................................................................................................... 2-5
2.6.1 2040 General Plan Update Organization........................................................ 2-5
2.6.2 Land Use Designations.................................................................................... 2-6
2.6.3 Urban Limit Line Expansion ............................................................................ 2-6
2.6.4 Project Buildout............................................................................................ 2-10
2.6.5 Mobility Updates.......................................................................................... 2-10
2.7 Intended Use of this EIR................................................................................................ 2-13
2.8 Project Implementation................................................................................................ 2-13
2.9 Required Approvals....................................................................................................... 2-13 3 Environmental Setting ................................................................................................................ 3-1
3.1 Setting ............................................................................................................................. 3-1
3.2 EIR Baseline..................................................................................................................... 3-1
3.3 Cumulative Development ............................................................................................... 3-2 219
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4 Environmental Impact Analysis .................................................................................................. 4-1
4.1 Aesthetics..................................................................................................................... 4.1-1
4.1.1 Setting.......................................................................................................... 4.1-1
4.1.2 Regulatory Setting ....................................................................................... 4.1-6
4.1.3 Impact Analysis............................................................................................ 4.1-7
4.2 Air Quality .................................................................................................................... 4.2-1
4.2.1 Setting.......................................................................................................... 4.2-1
4.2.2 Regulatory Setting ....................................................................................... 4.2-7
4.2.3 Impact Analysis.......................................................................................... 4.2-14
4.3 Biological Resources..................................................................................................... 4.3-1
4.3.1 Setting.......................................................................................................... 4.3-1
4.3.2 Regulatory Setting ....................................................................................... 4.3-5
4.3.3 Impact Analysis.......................................................................................... 4.3-10
4.4 Cultural Resources....................................................................................................... 4.4-1
4.4.1 Setting.......................................................................................................... 4.4-1
4.4.2 Regulatory Setting ....................................................................................... 4.4-6
4.4.3 Impact Analysis.......................................................................................... 4.4-10
4.5 Greenhouse Gas Emissions.......................................................................................... 4.5-1
4.5.1 Setting.......................................................................................................... 4.5-1
4.5.2 Regulatory Setting ....................................................................................... 4.5-5
4.5.3 Impact Analysis.......................................................................................... 4.5-16
4.6 Land Use and Planning................................................................................................. 4.6-1
4.6.1 Setting.......................................................................................................... 4.6-1
4.6.2 Regulatory Setting ....................................................................................... 4.6-2
4.6.3 Impact Analysis............................................................................................ 4.6-6
4.7 Noise ............................................................................................................................ 4.7-1
4.7.1 Environmental Setting ................................................................................. 4.7-1
4.7.2 Regulatory Setting ....................................................................................... 4.7-5
4.7.3 Impact Analysis............................................................................................ 4.7-9
4.8 Paleontological Resources........................................................................................... 4.8-1
4.8.1 Setting.......................................................................................................... 4.8-1
4.8.2 Regulatory Setting ....................................................................................... 4.8-5
4.8.3 Impact Analysis............................................................................................ 4.8-7
4.9 Population and Housing............................................................................................... 4.9-1
4.9.1 Setting.......................................................................................................... 4.9-1
4.9.2 Regulatory Setting ....................................................................................... 4.9-3
4.9.3 Impact Analysis............................................................................................ 4.9-4
4.10 Public Services and Recreation .................................................................................. 4.10-1
4.10.1 Setting........................................................................................................ 4.10-1 220
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4.10.2 Regulatory Setting ..................................................................................... 4.10-5
4.10.3 Impact Analysis.......................................................................................... 4.10-8
4.11 Transportation ........................................................................................................... 4.11-1
4.11.1 Setting........................................................................................................ 4.11-1
4.11.2 Regulatory Setting ..................................................................................... 4.11-2
4.11.3 Impact Analysis.......................................................................................... 4.11-6
4.12 Tribal Cultural Resources........................................................................................... 4.12-1
4.12.1 Setting........................................................................................................ 4.12-1
4.12.2 Regulatory Setting ..................................................................................... 4.12-2
4.12.3 Impact Analysis.......................................................................................... 4.12-5
4.13 Utilities and Service Systems ..................................................................................... 4.13-1
4.13.1 Setting........................................................................................................ 4.13-1
4.13.2 Regulatory Setting ..................................................................................... 4.13-8
4.13.3 Impact Analysis........................................................................................ 4.13-20
4.14 Wildfire....................................................................................................................... 4.14-1
4.14.1 Setting........................................................................................................ 4.14-1
4.14.2 Regulatory Setting ..................................................................................... 4.14-5
4.14.3 Impact Analysis.......................................................................................... 4.14-9
4.15 Effects Found To Be Less Than Significant................................................................. 4.15-1
4.15.1 Agriculture and Forestry Resources .......................................................... 4.15-1
4.15.2 Energy ........................................................................................................ 4.15-2
4.15.3 Geology and Soils....................................................................................... 4.15-6
4.15.4 Hazards and Hazardous Materials........................................................... 4.15-10
4.15.5 Hydrology and Water Quality .................................................................. 4.15-16
4.15.6 Mineral Resources................................................................................... 4.15-20 5 Other CEQA Required Discussions.............................................................................................. 5-1
5.1 Growth Inducement........................................................................................................ 5-1
5.1.1 Population and Economic Growth.................................................................. 5-1
5.1.2 Removal of Obstacles to Growth.................................................................... 5-2
5.2 Significant Irreversible Environmental Effects................................................................ 5-2
5.3 Significant Unavoidable Impacts..................................................................................... 5-3 6 Alternatives................................................................................................................................. 6-1
6.1 Alternative 1: No Project Alternative.............................................................................. 6-3
6.1.1 Description...................................................................................................... 6-3
6.1.2 Impact Analysis............................................................................................... 6-4
6.2 Alternative 2: Watson Ranch Natural Alternative ........................................................ 6-11
6.2.1 Description.................................................................................................... 6-11
6.2.2 Impact Analysis............................................................................................. 6-11 221
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6.3 Alternative 3: Limited Growth ...................................................................................... 6-17
6.3.1 Description.................................................................................................... 6-17
6.3.2 Impact Analysis............................................................................................. 6-17
6.4 Alternatives Considered but Rejected .......................................................................... 6-23
6.5 Environmentally Superior Alternative .......................................................................... 6-23 7 References.................................................................................................................................. 7-1
7.1 Bibliography .................................................................................................................... 7-1
7.2 List of Preparers............................................................................................................ 7-19 Tables
Table ES-1 Summary of Environmental Impacts, Mitigation Measures, and Residual ImpactsES-4 Table 1-1 NOP Comments and EIR Response........................................................................... 1-4 Table 2-1 Residential Buildout Compared to Existing Conditions.......................................... 2-11 Table 2-2 Non-Residential Buildout Compared to Existing Conditions.................................. 2-11 Table 4.2-1 Federal and State Ambient Air Quality Standards................................................. 4.2-5 Table 4.2-2 Attainment Status of Criteria Pollutants in Napa County ..................................... 4.2-5 Table 4.2-3 Ambient Air Quality Data ...................................................................................... 4.2-6 Table 4.2-4 Clean Air Plan Control Measures Consistency Analysis....................................... 4.2-17 Table 4.2-5 Comparison of VMT and Population Increase due to the Project....................... 4.2-22 Table 4.6-1 Project Consistency with the Plan Bay Area 2050................................................. 4.6-8 Table 4.7-1 Criteria for Vibration Damage Potential................................................................ 4.7-3 Table 4.7-2 Existing Traffic Noise Levels Along Roadway Segments........................................ 4.7-4 Table 4.7-3 Existing Railroad Noise Levels ............................................................................... 4.7-5 Table 4.7-4 Exterior Noise Limits for Stationary Sources......................................................... 4.7-8 Table 4.7-5 Noise Limits for Construction Activities ................................................................ 4.7-9 Table 4.7-6 Typical Noise Levels for Construction Equipment............................................... 4.7-11 Table 4.7-7 Roadway Vehicle Noise Increase Along Roadway Segments.............................. 4.7-16 Table 4.7-8 Vibration Source Levels for Construction Equipment......................................... 4.7-22 Table 4.8-1 Paleontological Sensitivity in the Planning Area ................................................... 4.8-5 Table 4.9-1 Housing Inventory in the City, County, and State ................................................. 4.9-1 Table 4.9-2 Household Size in the City, County, and State ...................................................... 4.9-2 Table 4.9-3 American Canyon Estimated Population, Dwelling Units, and Employment........ 4.9-3 Table 4.10-1 ACFPD Equipment................................................................................................ 4.10-1 Table 4.10-2 Enrollment Trends for NVUSD Schools in American Canyon .............................. 4.10-3 Table 4.10-3 Parks in the Planning Area................................................................................... 4.10-5 Table 4.11-1 VMT Impact Thresholds....................................................................................... 4.11-7 Table 4.11-2 Project VMT......................................................................................................... 4.11-9 Table 4.13-1 Current and Projected Sources of Water Supply ................................................ 4.13-1 Table 4.13-2 Projected Water Demand.................................................................................. 4.13-25 222
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Table 4.13-3 2020 UWMP Projected Water Supply and Demand.......................................... 4.13-26 Table 4.15-1 Identified Hazardous Materials Sites in American Canyon ............................... 4.15-13 Table 6-1 Comparison of Alternatives...................................................................................... 6-3 Table 6-2 Impact Comparison of Alternatives........................................................................ 6-24 Figures
Figure 1-1 Environmental Review Process ................................................................................ 1-9 Figure 2-1 Regional Location ..................................................................................................... 2-2 Figure 2-2 Project Location........................................................................................................ 2-4 Figure 2-3 2040 General Plan Land Use Designations .............................................................. 2-7 Figure 2-4 Proposed Land Use Element Amendments.............................................................. 2-8 Figure 2-5 Proposed Urban Limit Line ...................................................................................... 2-9 Figure 2-6 Proposed Roadway Connections............................................................................ 2-12 Figure 4.1-1 View of American Canyon Creek, Facing East ....................................................... 4.1-2 Figure 4.1-2 View of Distant Basalt Plant Site, Facing Northeast.............................................. 4.1-2 Figure 4.1-3 View of Foothills East of Newell Drive, Facing East............................................... 4.1-3 Figure 4.1 4 View of American Canyon from Napa Junction Road, Facing Southeast.............. 4.1-3 Figure 4.1-5 View of Oat Hill from Napa Junction Road, Facing South ..................................... 4.1-4 Figure 4.1-6 View of the Napa River and Wetlands from Wetlands Edge Road, Facing Northwest.............................................................................................................. 4.1-4 Figure 4.3-1 Vegetation Communities in American Canyon ..................................................... 4.3-2 Figure 4.7-1 Existing Traffic Noise Contours.............................................................................. 4.7-6 Figure 4.7-2 2040 Traffic Noise Contours................................................................................ 4.7-15 Figure 4.8-1 Geologic Units in the Planning Area...................................................................... 4.8-3 Figure 4.13-1 Water Service Area.............................................................................................. 4.13-6 Figure 4.14-1 Fire Hazard Severity Zones.................................................................................. 4.14-4 Appendices
Appendix A Notice of Preparation and Scoping Comments Recieved Appendix B Supporting Biological Resources Information
Appendix C Supporting Noise Information
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Executive Summary
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Executive Summary
This document is an Environmental Impact Report (EIR) analyzing the environmental effects of the proposed City of American Canyon 2040 Technical General Plan Update (“project”). This executive summary summarizes the characteristics of the proposed project, EIR alternatives, and the environmental impacts and mitigation measures associated with implementation of the proposed project.
Project Synopsis
Lead Agency Contact Person
Brent Cooper, AICP, Community Development Director
City of America Canyon Planning Department
4381 Broadway Street Suite 201, American Canyon, CA 94503 [email protected]
Project Description
This EIR has been prepared to examine the potential environmental effects of the proposed project.
The following is a summary of the full project description, which can be found in Chapter 2, Project Description.
The project is an update to the City’s current General Plan, which includes the following chapters:
Introduction, Land Use Element, Housing Element, Economic Development Element, Circulation Element, Utilities Element, Public Services and Facilities Element, Parks and Recreation Element, Natural and Historic & Cultural Resources Element, Geology Element, Flood Hazards Element, and Noise Element. The project establishes the City’s vision for future development through the horizon year of 2040. The project will serve as the City’s primary guide for future land use and development decisions in a way that meets the community needs and priorities while serving as a key tool for influencing and improving the quality of life for residents and businesses. As such, it serves as the “blueprint” for future development and conservation of a community. The 2040 General Plan Update will help the City plan for important community issues, such as community growth; health, housing, mobility, and infrastructure needs; climate change; and environmental protection. It will also set the stage for future social, physical, and economic development of the city.
Project Objectives
The Technical 2040 General Plan will serve as a long-term framework for future growth and development, represents the community’s view of its future, and contains the goals and policies upon with the City Council, Planning Commission, and the entire community will base land use and resource decisions. The Technical 2040 General Plan will provide a contemporary plan that will guide American Canyon though the next 20 years. The primary objective of this project is to update the existing American Canyon General Plan in order for it to be compliant with State law.
The Technical 2040 General Plan would implement the vision of the existing General Plan. The City identifies the following three fundamental roles of the City:
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ES-2
The City should be home for a residential population, internally accommodating a sufficient range of uses to support the needs of residents (including a mix of housing types, commercial services, entertainment, employment, recreation, education, health, religious, cultural facilities, transportation services, and open space). At the present time, many of these uses are located outside the City, which necessitates extensive travel by residents to access these services.
The City should be a center of employment and commerce for regional, as well as local residents. This will provide an opportunity to capitalize upon (1) the cluster of uses which have developed in the Green Island Industrial Park; (2) the proximity of the City to the Napa County Airport and Southern Pacific railroad, and (3) the relationship of the City to the agricultural and vineyard industries of Napa County.
The City can capture visitors to the Napa Valley by providing uses which capitalize on the unique environmental setting of the foothills, river valleys, and agriculture. Environmental educational facilities, such as wetlands interpretative centers, overnight camping and recreational vehicle facilities, river recreational facilities such as boating, golf courses, and hotel/motels and restaurants are representative of the range of uses which may be considered.
Alternatives
As required by the California Environmental Quality Act (CEQA), this EIR examines alternatives to the proposed plan. Studied alternatives include the following three alternatives. Based on the alternatives analysis, Alternative 3 was determined to be the environmentally superior alternative. Alternative 1: No Project Alternative
Alternative 2: Watson Ranch Natural Alternative
Alternative 3: Limited Growth
Refer to Chapter 6, Alternatives, for the complete EIR alternatives analysis.
Areas of Known Controversy
The EIR scoping process did not identify areas of known controversy for the proposed plan. Public responses to the Notice of Preparation of a Draft EIR as well as public input received at the EIR scoping meeting held by the City are summarized in Chapter 1.0, Introduction.
Issues to be Resolved
There are no CEQA-related issues to be resolved at this time.
Issues Not Studied in Detail in the EIR
Impacts related to Agriculture and Forestry Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, and Mineral Resources were found to be less than significant. Discussion of these impacts is included in Chapter 4.15, Effects Found Not to be Significant, of the EIR.
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Summary of Impacts and Mitigation Measures
Table ES-1 summarizes the environmental impacts, mitigation measures, and residual impacts (the impact after application of mitigation, if required) associated with implementation of the proposed project. Impacts are categorized as follows:
Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires a Statement of Overriding Considerations to be issued if the proposed plan is approved pursuant to Section15093 of the CEQA Guidelines.
Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under Section 15091 of the CEQA Guidelines. Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable. No Impact: The proposed plan would have no effect on environmental conditions or would reduce existing environmental problems or hazards.
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Table ES-1 Summary of Environmental Impacts, Mitigation Measures, and Residual Impacts Impact Statement Mitigation Measure(s) Residual Impact
Aesthetics
Impact AES-1. The project would not have a substantial
adverse effect on a scenic vista, including views of hills, and impacts would be less than significant.
No mitigation is required Less than Significant
Impact AES-2. The city of American Canyon does not
have a designated state scenic highway and the project
would not damage scenic resources within a state
scenic highway. No impact would occur.
No mitigation is required No Impact
Impact AES-3. The project would implement policies
that would require development of objective design
standards for future development. The project would
not conflict with applicable zoning and other
regulations governing scenic quality and this impact
would be less than significant.
No mitigation is required Less than Significant
Impact AES-4. Construction and operation of future
development facilitated by the project could create
new sources of light or glare that could adversely affect the visual environment. Impacts would be less than
significant with mitigation.
AES-1 Construction Lighting Plan. Prior to nighttime construction, if needed for a particular project, project applicants shall submit a construction lighting plan to the City for review and approval. The construction lighting plan shall ensure that the minimum amount of lighting is used to meet safety requirements and ensure no spillover occurs to nearby sensitive uses. All lighting shall be directed downward and away from surrounding land uses.
AES-2 Operational Lighting Plan. Prior to discretionary project approval, the project applicant shall prepare and submit a photometric plan to the City for review and approval which demonstrates that all exterior light fixtures will be directed downward or employ full cut-off fixtures to prevent light spillage. The approved plan shall be incorporated into project design plans.
Less than Significant
with Mitigation
Air Quality
Impact AQ-1. The project would be consistent with the
BAAQMD’s 2017 Clean Air Plan. Impacts would be less
than significant.
No mitigation is required Less than Significant
Impact AQ-2. The project would not result in a
cumulatively considerable net increase of criteria
pollutants during construction or operations. Impacts
would be less than significant.
No mitigation is required Less than Significant
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Impact Statement Mitigation Measure(s) Residual Impact
Impact AQ-3. Construction activities for projects lasting longer than two months or located within 1,000 feet of
sensitive receptors could expose sensitive receptors to substantial pollutant concentrations. Implementation of the project may also expose sensitive receptors to
operational sources of toxic air contaminants. Impacts
would be less than significant with mitigation.
AQ-1 Conduct Construction Health Risk Assessment. Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall submit to the City a construction health risk assessment (HRA) in accordance with BAAQMD recommendations for any development project that has at least one the following characteristics:
The project is located within 1,000 feet of sensitive receptors. Project construction would last longer than two months. Project construction would not utilize equipment rated USEPA Tier 4 (for equipment of 50 horsepower or more); construction equipment fitted with Level 3 Diesel Particulate Filters (for all equipment of 50 horsepower or more); or alternative fuel construction equipment.
If the HRA determines that construction will exceed BAAQMD significance thresholds, the HRA shall provide mitigation measures to reduce the impact to less than significant, including but not limited to requiring the use of Tier 4 engines, Level 3 Diesel Particulate Filters, and/or alternative fuel construction equipment.
AQ-2 Reduce Operational Toxic Air Contaminants Near Sensitive Receptors. For new sensitive receptors proposed within 500 feet of a major sources of TAC (high-volume roadways with 10,000 vehicles or more per day), the project applicant shall prepare an operational health risk assessment for the City’s review and approval. If TAC exposure at new sensitive receptor sites would exceed BAAQMD health risk thresholds, require the project applicant include mechanical air filtration or other measures to reduce health risk exposure to acceptable levels.
AQ-3 Conduct Operational Health Risk Assessment. Prior to permit approval for industrial, warehousing, or commercial land uses that would generate at least 100 diesel trucks per day or 40 or more trucks with diesel-powered transport refrigeration units per day, the applicant shall submit an operational health risk assessment (HRA) or submit proof that an HRA is not required in accordance with BAAQMD thresholds to the City for review and approval. If required by the City, the operational HRA shall be prepared in accordance with the Office of Environmental Health Hazard Assessment and BAAQMD requirements, and mitigated to an acceptable level. Typical measures to reduce risk impacts may include, but are not limited to:
Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible.
Electrifying warehousing docks.
Truck Electric Vehicle (EV) Capable trailer spaces.
Requiring use of newer equipment and/or vehicles.
Restricting off-site truck travel through the creation of truck routes.
Less than Significant
with Mitigation
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Impact Statement Mitigation Measure(s) Residual Impact
The operational HRA shall be provided to the City for review and concurrence prior to project approval.
Impact AQ-4. The project would not create
objectionable odors that could adversely affect a
substantial number of people. Impacts related to odors
would be less than significant with mitigation.
AQ-4 Reduce Operational Odor Impacts. Prior to discretionary approval by the City, if it is determined by the City that a development project has the potential to emit nuisance odors beyond the property line, the project applicant shall prepare an odor management plan and submit it to the City for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to:
Wastewater treatment plants
Composting, green waste, or recycling facilities
Fiberglass manufacturing facilities
Painting/coating operations
Large-capacity coffee roasters
Food-processing facilities
The odor management plan shall demonstrate compliance with the latest BAAQMD screening distances and guidelines. The odor management plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the documents prepared for the development project and/or incorporated into the project’s site plan.
Less than Significant
with Mitigation
Biological Resources
Impact BIO-1. The project could have the potential to
have an adverse impact on special status species.
Implementation of federal, state, and local regulations and policies, as well as mitigation measures bio-1 and
bio-2, would ensure development facilitated by the
project would not have a substantial adverse effect on
candidate, sensitive, or special status species. This
impact would be less than significant with mitigation.
BIO-1 Biological Resources Screening and Assessment. For projects proposed within undeveloped parcels, the City shall require project applicants to engage a qualified biologist (having the appropriate education and experience level) to perform a baseline Biological Resources Screening and Assessment to determine whether projects proposed within undeveloped parcels have any potential to impact special-status biological resources, inclusive of special-status plants and animals, sensitive vegetation communities (including vernal pools and other wetlands), and critical habitat. If it is determined that the project has no potential to impact biological resources, no further action is required. If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 500 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special-status species, nesting birds, Less than Significant
with Mitigation
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Impact Statement Mitigation Measure(s) Residual Impact
wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, state, and/or federal agencies. If the project would have the potential to impact these resources, the following mitigation measures (mitigation measures BIO-2 through BIO-8) shall be incorporated, as applicable, to reduce impacts to a less than significant level. Pending the results of the project-specific biological analysis, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, CDFW, and/or other local, state, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.
BIO-2 Special-status Plant Species Surveys. If the project-specific Biological Resources Screening and Assessment (Mitigation Measure BIO-1) determines that there is potential for significant impacts to federally or state-listed plants or regional population level impacts to species with a CRPR of 1B or 2B from project development, a qualified biologist shall complete surveys for special-status plants prior to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature and shall be seasonally timed to coincide with the target species. All plant surveys shall be conducted by a qualified biologist during the blooming season prior to development permit approval. All special-status plant species identified on site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the City, and the CDFW and/or USFWS, as appropriate, for review and/or approval.
BIO-3 Special-status Plant Species Avoidance, Minimization, and Mitigation. If federally and/or state-listed or CRPR 1B or 2 species are found during special-status plant surveys (pursuant to Mitigation Measure BIO-2), and would be directly impacted, or there would be a population-level impact to non-listed sensitive species, then the project shall be redesigned to avoid impacting those plant species, where feasible. Rare and listed plant occurrences that are not within the immediate disturbance footprint but are located within 50 feet of disturbance limits shall have bright orange protective fencing installed at least 30 feet beyond their extent, or other distance as approved by a qualified biologist, to protect them from harm.
BIO-4 Habitat Restoration Plan. If federally or state-listed plants or non-listed specialstatus CRPR 1B and 2 plant populations identified during special status plant surveys (pursuant to Mitigation Measure BIO-2), cannot be avoided, and will be impacted by development, all impacts shall be mitigated by the applicant at a ratio not lower than 1:1 per acre of impact (and 1:1 per tree), and to be determined by the City (in coordination with CDFW and USFWS as and if applicable) for each species as a component of habitat 231
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restoration. A qualified biologist shall prepare and submit a restoration plan to the City for review and approval prior to City approval of project plans. (Note: if a federally and/or state-listed plant species will be impacted, the restoration plan shall be submitted to the USFWS and/or CDFW for review, and federal and/or state take authorization may be required by these agencies.) The restoration plan shall include, at a minimum, the following components:
1. Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type).
2. Goal(s) of the compensatory mitigation project (type[s] and area[s]) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type[s] to be established, restored, enhanced, and/or preserved).
3. Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions, and values).
4. Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan).
5. Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule).
6. Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports).
7. Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type or other industry standards as determined by a qualified restoration specialist.
8. An adaptive management program and remedial measures to address any shortcomings in meeting success criteria.
9. Notification of completion of compensatory mitigation and agency confirmation.
10. Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism).
11. All nursery plants used in restoration shall be inspected for sudden oak death.
BIO-5 Endangered/Threatened Special-status Species Habitat Assessments and Protocol Surveys. If the results of the project-specific biological analysis (Mitigation Measure BIO-1) determine that suitable habitat may be present for federal or state listed, candidate, or proposed species, protocol habitat assessments/surveys shall be completed in accordance with current CDFW and/or USFWS protocols prior to issuance of any construction permits. 232
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If, through consultation with the CDFW and/or USFWS, it is determined that protocol habitat assessments/surveys are not required, the applicant shall complete and document this consultation and submit it to the City prior to issuance of any construction permits.
Each protocol has different survey and timing requirements. The applicant shall be responsible for ensuring they understand the protocol requirements and shall hire a qualified biologist to conduct protocol surveys. (Note: if a federally and/or state-listed wildlife species will be impacted, federal and/or state take authorization may be required by USFWS and CDFW.)
BIO-6 Endangered/Threatened Animal Species Avoidance and Minimization. The following measures shall be applied to impacted aquatic and/or terrestrial animal species identified by the project-specific Biological Resources Screening and Assessment required under Mitigation Measure BIO-1.
1. Ground disturbance shall be limited to the minimum necessary to complete the project.
A qualified biologist shall flag the project limits of disturbance. Areas of special biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance.
2. All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between April 1 and October 31, if feasible, to avoid impacts to sensitive aquatic species. Any work outside these dates would require project-specific approval from the City and may be subject to regulatory agency approval.
3. All projects occurring within or adjacent to sensitive habitats that may support federally and/or state-listed endangered/threatened species shall have a CDFW- and/or USFWSapproved biologist present during all initial ground disturbing/vegetation clearing activities. Once initial ground disturbing/vegetation clearing activities have been completed, said biologist shall conduct daily pre-activity clearance surveys for endangered/threatened species. Alternatively, and upon approval of the CDFW and/or USFWS, said biologist may conduct site inspections at a minimum of once per week to ensure all prescribed avoidance and minimization measures are fully implemented.
4. No endangered/threatened species shall be captured and relocated without express permission from the CDFW and/or USFWS.
5. If at any time during project construction an endangered/threatened species enters the construction site or otherwise may be impacted by the project, all project activities shall cease. A CDFW/USFWS-approved biologist shall document the occurrence and consult with the CDFW and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
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6. For all work occurring in areas where endangered/threatened species may be present and are at risk of entering the project site during construction, the applicant shall install exclusion fencing along the project boundaries prior to start of construction (including staging and mobilization). The placement of the fence shall be at the discretion of the CDFW/USFWS-approved biologist. This fence shall consist of solid silt fencing placed at a minimum of three feet above grade and two feet below grade and shall be attached to wooden stakes placed at intervals of not more than five feet. The applicant shall inspect the fence weekly and following rain events and high wind events and shall be maintained in good working condition until all construction activities are complete.
7. All vehicle maintenance/fueling/staging shall occur not less than 100 feet from any riparian habitat or water body, including seasonal wetland features. Suitable containment procedures shall be implemented to prevent spills. A minimum of one spill kit shall be available at each work location near riparian habitat or water bodies.
8. No equipment shall be permitted to enter wetted portions of any affected drainage channel or wetland.
9. At the end of each workday, excavations shall be secured with a cover or a ramp provided to prevent wildlife entrapment.
10. All trenches, pipes, culverts, or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.
11. Considering the potential for the project to impact federally and state-listed species and their habitat, the City shall contact CDFW and USFWS to identify mitigation banks within Napa County during project development. If the results of the project-specific biological analysis (Mitigation Measure BIO-1) determine that impacts to federally and state threatened or endangered species habitat are expected, City and/or applicant shall explore species-appropriate mitigation bank(s) servicing the region for purchase of mitigation credits.
12. Prior to grading and construction in natural areas of containing suitable upland habitat, a qualified biologist shall conduct a preconstruction survey as determined necessary during the biological analysis (Mitigation Measure BIO-1) . The survey should include a transect survey over the entire project disturbance footprint (including access and staging areas), and mapping of suitable habitat features, such as burrows, that are potentially suitable for listed species. If any listed species are detected, no work shall be conducted until the individual(s) leaves the site of their own accord, unless federal and/or state “take” authorization has been issued for relocation. Typical preconstruction survey procedures, such as burrow scoping and burrow collapse, cannot be conducted without federal and state permits. If any life stage of listed species are found within the survey area, the City and/or applicant shall consult with the 234
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USFWS and CDFW to determine the appropriate course of action to comply with the FESA and CESA, if permits are not already in place at the time of construction.
BIO-7: Pre-Construction Bird Surveys, Avoidance, and Notification. For all future development under the 2040 General Plan, construction activities initiated during the bird nesting season (February 1 – September 15), involving removal of vegetation (e.g. trees and shrubs), abandoned structures, or other nesting bird habitat, a pre-construction nesting bird survey shall be conducted no more than 5 days prior to initiation of ground disturbance and vegetation removal. The nesting bird pre-construction survey shall be conducted on foot and shall include a buffer around the construction site at a distance determined by a qualified biologist, including staging and storage areas. The minimum survey radii surrounding the work area shall be the following: 250 feet for non-raptors and 1,000 feet for raptors. The survey shall be conducted by a qualified biologist familiar with the identification of avian species known to occur in the American Canyon region. If construction lapses for seven days or longer, the qualified biologist shall conduct another focused survey before project activities are reinitiated. If nests are found, an avoidance buffer shall be determined by the biologist dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site. The qualified biologist shall observe the active nest to establish a behavioral baseline of the adults and nestlings, if present. The qualified biologist shall continuously monitor the active nests to detect signs of disturbance and behavioral change as a result of construction impacts, such as noise, vibration, odors, or worker/equipment motion. If signs of disturbance and behavioral changes are observed, the qualified biologist shall cease work causing those changes and may contact CDFW or USFWS for guidance. The buffer shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified of the buffer zone as an “Ecologically Sensitive Area” and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the City prior to the commencement of construction activities.
Project site plans shall include a statement acknowledging compliance with the federal MBTA and California Fish and Game Code that includes avoidance of active bird nests and identification of Best Management Practices to avoid impacts to active nests, including checking for nests prior to construction activities during February 1 to September 15, and 235
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what to do if an active nest is found so that the nest is not inadvertently impacted during grading or construction activities.
BIO-8 Roosting Bat Surveys and Avoidance Prior to Removal. For all future development under the 2040 General Plan that will require the removal of large trees (greater than 20 inches in diameter at five feet from the ground), abandoned buildings, bridges, or other suitable roosting structure identified during the Biological Resources Screening and Assessment (Mitigation Measure BIO-1), prior to tree and/or structure removal, a qualified biologist shall conduct a focused survey of all trees and structures to be removed or impacted by construction activities to determine whether active roosts of special-status bats are present on site. Tree or structure removal shall be planned for either the spring or the fall, and timed to ensure both suitable conditions for the detection of bats and adequate time for tree and/or structure removal to occur during seasonal periods of bat activity exclusive of the breeding season, as described below. Trees and/or structures containing suitable potential bat roost habitat features shall be clearly marked or identified. If no bat roosts are found, the results of the survey will be documented and submitted to the City within 30 days of the survey, after which no further action will be required.
If roosts are present, the biologist shall prepare a site-specific roosting bat protection plan to be implemented by the contractor following the City’s approval. Additionally, the qualified biologist shall determine compensatory mitigation for temporary or permanent habitat loss due to tree removal, in conjunction with CDFW. The plan shall incorporate the following guidance as appropriate:
When possible, removal of trees/structures identified as suitable roosting habitat shall be conducted during seasonal periods of bat activity, including the following:
Between September 1 and about October 15, or before evening temperatures fall below 45 degrees Fahrenheit and/or more than 0.5 inch of rainfall within 24 hours occurs.
Between March 1 and April 15, or after evening temperatures rise above 45 degrees Fahrenheit and/or no more than 0.5 inch of rainfall within 24 hours occurs. If a tree/structure must be removed during the breeding season and is identified as potentially containing a colonial maternity roost, then a qualified biologist shall conduct acoustic emergence surveys or implement other appropriate methods to further evaluate if the roost is an active maternity roost. Under the biologist’s guidance, the contractor shall implement measures similar to or exceeding the following:
If it is determined that the roost is not an active maternity roost, then the roost may be removed in accordance with the other requirements of this measure. 236
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If it is found that an active maternity roost of a colonial roosting species is present, the roost shall not be disturbed during the breeding season (April 15 to August 31). Tree removal procedures shall be implemented using a two-step tree removal process.
This method is conducted over two consecutive days and works by creating noise and vibration by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no excavators or other heavy machinery) on day one. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed to not return to the roost that night. The remainder of the tree is removed on day two.
Prior to the demolition of vacant structures within the project site, a qualified biologist shall conduct a focused habitat assessment of all structures to be demolished. The habitat assessment shall be conducted enough in advance to ensure the commencement of building demolition can be scheduled during seasonal periods of bat activity (see above), if required. If no signs of day roosting activity are observed, no further actions will be required. If bats or signs of day roosting by bats are observed, a qualified biologist will prepare specific recommendations such as partial dismantling to cause bats to abandon the roost, or humane eviction, both to be conducted during seasonal periods of bat activity, if required.
If the qualified biologist determines a roost is used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultation with CDFW. If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed.
Once it has been determined that the roost is clear of bats, the roost shall be removed immediately.
BIO-9 Conduct Pre-construction Crotch’s Bumblebee surveys and Implement Avoidance Measures. If the results of the project-specific biological analysis (Mitigation Measure BIO1) determine that suitable habitat may be present for Crotch’s bumble bee, a habitat assessment shall be performed by a qualified biologist knowledgeable and experienced with Crotch’s bumblebee and the habitat in which they occur. If the biologist determines that suitable habitat for Crotch’s bumblebee is present, a focused survey shall be performed during the species’ active flight period for Crotch’s bumblebee and peak blooming period of nectar and pollen sources (May 1 through July 31). The Crotch’s bumblebee survey shall be conducted on foot and shall encompass the entirety of a project site and focus on areas that allow for the highest probability of detection, such as high abundance nectar or pollen sources and rodent burrows that may be used for breeding and nesting. If Crotch’s bumblebee is determined to be present, the project proponent shall 237
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map the locations of the observed bumblebee, areas of abundant nectar or pollen sources, and any active nesting sites. A report summarizing the results of the habitat assessment and focused survey (if required) shall be prepared by the qualified biologist and shall be submitted to the City prior to the commencement of construction activities. Further, consultation with the CDFW will be necessary in the event Crotch’s bumblebee was observed within a project site and an Incidental Take Permit, in accordance with the California Endangered Species Act, may be required prior to initiating any ground disturbance on the site. If Crotch’s bumble are not listed and no longer candidates for listing at the time of project implementation, this mitigation measure would not be required.
Impact BIO-2. Development and mobility
improvements facilitated by the project would be
subject to adopted city regulations to minimize impacts to riparian habitat, sensitive natural communities, and wetlands. Compliance with the NPDES construction
general permit, ms4 storm water permit, American
Canyon municipal code, and proposed policies in the
2040 general plan would ensure potential impacts to
riparian habitat, sensitive natural communities, and
wetlands would be less than significant.
No mitigation is required. Less than Significant
Impact BIO-3. Implementation of the project would not
substantially impede the movement of native resident
or migratory fish or wildlife species, or with established native resident or migratory wildlife corridors after
implementation of proposed policies in the 2040
general plan and compliance with the American Canyon
municipal code.
No mitigation is required. Less than Significant
Impact BIO-4. The project would implement proposed
policies designed to protect biological resources.
Development and mobility improvements facilitated by
the project would be required to adhere to these
policies, as well as American Canyon municipal code
requirements to protect biological resources.
Therefore, this impact would be less than significant.
No mitigation is required. Less than Significant
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Impact BIO-5. Implementation of the project would not
conflict with the provision of an adopted habitat
conservation plan, natural community conservation
plan, or other approved local, regional, or state habitat conservation plan. No impact would occur.
No mitigation is required. No Impact
Cultural Resources
Impact CUL-1. Development facilitated by the project
could adversely affect previously unidentified historicperiod resources. Impacts to historic-period resources would be less than significant with mitigation.
CUL-1 Historical Built Environment. Prior to project approval, the applicant shall submit a report to the City that identifies any historic-age features (i.e., structures over 45 years of age) proposed to be altered or demolished. If historical-age features are present, the applicant shall submit a historical resources evaluation to the City prepared in areas that contains buildings, structures, objects, sites, landscape/site plans, or other features that are 45 years of age or older, by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history (36 CFR Part 61). The evaluation shall include an intensive-level evaluation, in accordance with the guidelines and best practices meeting the State Office of Historic Preservation guidelines. All evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and approval.
If historical resources are identified through the survey and evaluation, efforts shall be made by the applicant to ensure that the relocation, rehabilitation, or alteration of the resource is consistent with the Secretary of the Interior’s Standards for the Treatments of Historic Properties (Standards). The applicant shall submit a report to the City that identifies and specifies the treatment of character-defining features and construction activities, and demonstrates how the project complies with the Standards and avoids the substantial adverse change in the significance of the historical resource as defined by CEQA Guidelines Section 15064.5(b). The report shall be prepared by an architectural historian or historical architect meeting the PQS as defined by 36 CFR Part 61 and provided to the City for review and concurrence prior to project approval.
Less than Significant
with Mitigation
Impact CUL-2. Development facilitated by the project
could adversely affect previously unidentified
archaeological resources. Impacts would be less than
significant with mitigation.
CUL-2 Archaeological Resources Assessment. Prior to project approval of a project that involves ground disturbance activities (that may include but are not limited to, pavement removal, potholing, grubbing, tree removal, and grading), the applicant shall submit to the City an archaeological resources assessment prepared by a qualified archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in either prehistoric or historic archaeology. Assessments shall include a CHRIS records search at the NWIC and a SLF Search from the NAHC. The records searches shall characterize the results of previous cultural resource surveys and disclose any cultural resources that have been recorded and/or evaluated in and around the development site. A qualified professional Less than Significant
with Mitigation
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shall conduct a Phase I pedestrian survey for those projects that include undeveloped areas to locate any surface cultural materials.
If the Phase I archaeological survey identifies resources that may be affected, the applicant shall also conduct Phase II testing and evaluation. If resources are determined significant or unique through Phase II testing and site avoidance is not possible, the qualified professional shall identify appropriate site-specific mitigation measures in the Phase II evaluation. These measures may include, but would not be limited to, a Phase III data recovery program, avoidance, or other appropriate actions to be determined by a qualified archaeologist. If significant archaeological resources cannot be avoided, impacts may be reduced to less than significant level by filling on top of the sites rather than cutting into the cultural deposits. Alternatively, and/or in addition, a data collection program may be warranted, including mapping the location of artifacts, surface collection of artifacts, or excavation of the cultural deposit, to characterize the nature of the buried portions of sites. Curation of the excavated artifacts or samples would occur as specified by the archaeologist. The City shall review and approve the archaeological resources assessment prior to project approval.
CUL-3 Unanticipated Discoveries. For projects whose Phase I archaeological survey identifies archaeological resources that may be affected, the applicant shall retain a qualified cultural resource specialist to monitor construction activities that involve grounddisturbing activities greater than 12 inches in depth and occur within 60 feet of a potentially significant cultural resource. If archaeological resources are encountered during ground-disturbing activities, work in the immediate area must halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archaeology should be contacted immediately to evaluate the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by the project, additional work, such as excavating the cultural deposit to fully characterize its extent and collecting and curating artifacts may be warranted to mitigate any significant impacts to cultural resources. If archaeological resources of Native American origin are identified during construction, a qualified archaeologist will consult with the City to begin Native American consultation procedures. Periodic reports of the find and subsequent evaluations shall be submitted to the City during construction.
Impact CUL-3. Development facilitated by the project
could result in damage to or destruction of human
burials. Impacts would be less than significant through adherence to existing regulations and with mitigation.
CUL-4 Human Remains. In the event of an accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:
Less than Significant
with Mitigation
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1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98.
2. Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. The descendant identified fails to make a recommendation. The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.
Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains:
When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may each develop a plan with respect to their respective individual development proposals for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC.
Greenhouse Gas Emissions
Impact GHG-1. Development facilitated by the project
would make progress towards achieving state goals but
would not necessarily meet state 2030 or 2045 goals.
Mitigation measures ghg-2 and ghg-3 would require
implementation of CEQA GHG thresholds and a climate
GHG-1 Construction GHG BMPs. Prior to the issuance of any grading permits, the project applicant shall provide the City of American Canyon with documentation (e.g., site plans) demonstrating implementation of construction Best Management Practices (BMPs).
Measures may include but are not limited to:
Significant and
Unavoidable
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action plan (cap); however, development facilitated by
the project would not meet the 2030 or 2045 goals until the cap is updated and adopted. This impact would be
significant and unavoidable.
At least 15 percent of the construction fleet for each project phase shall be alternatively fueled or electric.
At least 10 percent of building materials used for project construction shall be sourced from local suppliers.
At least 65 percent of construction and demolition waste materials shall be recycled or reused.
At least one contractor that has a business location in American Canyon shall be contracted for project construction.
All construction contracts shall include language that requires all off-road equipment with a power rating below 19 kilowatts (e.g., plate compactors, pressure washers) using during construction be electrically powered.
Architectural coatings used for project construction shall be “Low-VOC,” containing no greater than 50 grams of volatile organic compounds (VOC) per liter of product. Project construction shall prohibit the use of generators and shall establish grid power connection to electrical equipment needs.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California Airborne Toxics Control Measure [ATCM] Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. The prime construction contractor shall post a publicly visible sign with their telephone number and contractor to contact. The construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be identified and visible to ensure compliance with applicable regulations.
GHG-2 Adopt and Implement a CEQA GHG Emissions Threshold. The City shall include and implement a new 2040 General Plan policy under the Environment Element to prepare, adopt, and implement a CEQA GHG Emissions threshold of significance. The City shall adopt the CEQA GHG Emissions threshold of significance by the end of 2025 for use in future CEQA GHG emissions analyses through 2030. In addition, upon completion of future CAP updates and as necessary, the City shall update the CEQA GHG Emissions threshold of significance and American Canyon CEQA GHG Checklist to be consistent with each CAP update.
GHG-3 Adopt American Canyon CAP to Meet the State’s 2030 and 2045 GHG Emissions Goals. The City shall draft and adopt the American Canyon qualified CAP by the end of 2025 242
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to outline how American Canyon will meet the State’s 2030 goal of 40 percent below 1990 emissions levels and 2045 goal of carbon neutrality. Implementation measures in the updated qualified CAP to achieve the 2030 and 2045 goals may include, but are not limited to, the following:
Develop and adopt Zero Net Energy requirements for new and remodeled residential and non-residential development;
Develop and adopt a building electrification ordinance for existing and proposed structures;
Expand charging infrastructure and parking for electric vehicles; Implement carbon sequestration by expanding the urban forest, participating in soilbased or compost application sequestration initiatives, supporting regional open space protection, and/or incentivizing rooftop gardens; and
Implement policies and measures included in the California 2022 Climate Change Scoping Plan, such as mobile source strategies for increasing clean transit options and zero emissions vehicles by providing electric vehicle charging stations.
Land Use and Planning
Impact LU-1. The project would not physically divide an established community and there would be no impact.
No mitigation is required. No Impact
Impact LU-2. The project would not result in a
significant environmental impact due to a conflict with a plan adopted for the purpose of avoiding or
mitigating an environmental effect. Impacts would be
less than significant.
Mitigation measures AES-1, AES-2, AQ-1 through AQ-4, BIO-1, BIO-2, CUL-1 through CUL-3, GHG-1 through GHG-3, NOI-1 through NOI-3, PAL-1, WF-1, and WF-2.
Less than Significant
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Noise
Impact NOI-1. Construction of development facilitated
by the project would temporarily increase noise levels, potentially affecting nearby noise-sensitive land uses.
Development facilitated by the project would also
introduce new noise sources and contribute to
increases in operational noise. The continued
regulation of noise, consistent with the city municipal code and implementation of proposed policies in the
2040 general plan would minimize impacts to adjacent
land uses. However, construction and operational
traffic noise could exceed standards even after
implementation of mitigation. This impact would be
significant and unavoidable.
NOI-1 Conduct Construction Noise Analysis. The City shall review future developments within 1,000 feet of a sensitive receiver, and where applicable, require the following feasible measures as standard conditions of approval to reduce construction noise levels below a level of significance:
Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.
Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers. Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noisesensitive receivers. Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction in compliance with applicable safety laws and regulations. Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities, where feasible. Noise Disturbance Coordinator. The project applicant shall designate a “noise disturbance coordinator” responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of any noise complaint and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator and the City shall be posted at the construction site.
Temporary Noise Barriers. Erect temporary noise barriers, where feasible, when construction noise is predicted to exceed the City’s construction standards and when the anticipated construction duration is greater than is typical (e.g., two years or greater). Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier. If a sound blanket is used, barriers shall be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and be lined on the construction side with acoustical Significant and
Unavoidable.
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blanket, curtain or equivalent absorptive material rated sound transmission class (STC) 32 or higher.
NOI-2 Implement Roadway Vehicle Noise Reduction Measures. The City shall install “quiet pavement” roadway improvements, such as rubberized asphalt or open-grade asphalt concrete overlays along impacted roadway segments (American Canyon Road west of I-80 and Newell Drive north of American Canyon Road). The program may be funded by “fair share” developer contributions for proposed projects along impacted roadways to pay for the “quiet pavement” roadway improvements.
Impact NOI-2. Construction of development facilitated
by the project would temporarily generate
groundborne vibration and noise, potentially affecting
nearby land uses. This impact would be less than
significant with mitigation. Operation of development
facilitated by the project would not result in substantial groundborne vibration and noise and this impact would
be less than significant.
NOI-3 Construction Vibration Control Plan. Prior to issuance of a building permit for a project that includes the following, the project applicant shall prepare a groundborne noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these construction activities:
Pile driving within:
▫ 135 feet of fragile structures such as historical resources; ▫ 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings); or
▫ 75 feet of engineered concrete and masonry (no plaster); A vibratory roller within:
▫ 40 feet of fragile historical resources; or
▫ 25 feet of any other structure
A dozer or other large earthmoving equipment within:
▫ 20 feet for a fragile historical structure; or
▫ 15 feet of any other structure
The noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed FTA architectural damage thresholds (e.g., 0.12 in/sec PPV for fragile or historical resources, 0.2 in/sec PPV for non-engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving, static rollers as opposed to vibratory rollers, and lower horsepower earthmoving equipment shall be used. If necessary, construction vibration monitoring shall be conducted to ensure FTA vibration thresholds are not exceeded.
Less than Significant
with Mitigation
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Impact Statement Mitigation Measure(s) Residual Impact
Impact NOI-3. Development facilitated by the project
would not result in a significant increase in airport or airstrip activity. The continued regulation of airport
noise consistent with state and federal regulations, the implementation of proposed policies in the 2040
general plan, and compliance with napa county airport
land use compatibility plan would minimize disturbance
to people residing or working within proximity of the
napa county airport. Impacts would be less than
significant.
No mitigation is required. Less than Significant
Paleontological Resources
Impact PAL-1.the project has the potential to result in impacts to paleontological resources. Impacts would be
less than significant with mitigation incorporated.
PAL-1 Retention of a Qualified Professional Paleontologist. Prior to submittal of a discretionary development application in areas underlain by high or undetermined sensitivity geologic units (i.e., Pleistocene alluvial fan deposits; Markley Sandstone; Jameson Shale Member of Markley Sandstone; Domengine Sandstone; and sandstone and shale of the Great Valley Complex), the City shall require a Qualified Professional Paleontologist [as defined by the Society of Vertebrate Paleontology (SVP) (2010)] be retained to determine the project’s potential to significantly impact paleontological resources according to SVP (2010) standards. If necessary, the Qualified Professional Paleontologist shall recommend mitigation measures to reduce potential impacts to paleontological resources to a less than significant level. The City shall review and approve the Qualified Professional Paleontologist’s findings and recommendation. All recommendations shall be incorporated into the project plans prior to issuance of a grading permit.
Less than Significant
with Mitigation
Population and Housing
Impact POP-1. Implementation of the project would
facilitate the construction of new housing in American
Canyon and would increase population. The 2040
general plan would accommodate and plan for
population growth and includes policies to manage
growth and development. Impacts would be less than
significant.
No mitigation is required. Less than Significant
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Draft Environmental Impact Report ES-23
Impact Statement Mitigation Measure(s) Residual Impact
Impact POP-2. Implementation of the project would
not result in the displacement of substantial numbers
of housing or people. The project would facilitate the
development of new housing in accordance with state
and local housing requirements, while preserving
existing residential neighborhoods. Impacts would be
less than significant.
No mitigation is required. Less than Significant
Public Services and Recreation
Impact PS-1. Development facilitated by the project
would increase the population in the planning area,
which would result in an increase in demand for fire,
police, and libraries. Compliance with proposed policies in the 2040 general plan and continued environmental
review would minimize adverse environmental effects
associated with the provision of new or physically
altered fire, police, or library facilities. These impacts would be less than significant.
No mitigation is required. Less than Significant
Impact PS-2. Future development facilitated by the
project would be required to pay impact fees that
would provide funding for the provision or expansion of new school facilities, pursuant to government code
section 65995(b). Impacts from the project would be
offset by the payment of impact fees and impacts
would be less than significant.
No mitigation is required. Less than Significant
Impact PS-3. Development facilitated by the project
would increase the population in the planning area,
which would increase the use of parks and recreational
facilities. Adherence to American Canyon municipal
code regulations and proposed 2040 general plan
policies would ensure impacts related to parks and
recreational facilities would be less than significant.
No mitigation is required Less than Significant
Transportation
Impact TRA-1. The project would not conflict with a
program, plan, ordinance or policy addressing the
circulation system and impacts would be less than
significant.
No mitigation is required. Less than Significant
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Impact Statement Mitigation Measure(s) Residual Impact
Impact TRA-2. The future (2040) citywide rate of
Residential VMT per Capita with the proposed 2040
General Plan would be higher than the significance
threshold. The project would therefore conflict with or be inconsistent with CEQA Guidelines 15064.3(b) and
impacts would be significant.
No feasible mitigation measures beyond policies included in the Mobility Element of the General Plan.
Significant and
Unavoidable
Impact TRA-3. The project would not substantially
increase hazards due to a geometric design feature and
impacts would be less than significant.
No mitigation is required. Less than Significant
Impact TRA-4. The project would not result in
inadequate emergency access and impacts would be
less than significant.
No mitigation is required. Less than Significant
Tribal Cultural Resources
Impact TCR-1. The project could adversely impact tribal cultural resources. Impacts would be less than
significant through consultation conducted pursuant to
AB 52.
No mitigation is required. Less than Significant
Utilities and Service Systems
Impact UTL-1. Development facilitated by the project
would increase demand for water, wastewater, electric
power, telecommunications, and stormwater drainage;
however, no additional relocation or construction of
utility services would be required to service the project beyond connections to existing utilities. The project
would result in a minimal increase in natural gas
demand. Impacts would be less than significant.
No mitigation is required. Less than Significant
Impact UTL-2. The project would increase demand for
water. Water supply for the project would be provided
by the City of American Canyon from existing and
planned supply sources including imported water and
supplemental water purchased from the City of Vallejo
as well as locally developed recycled water. Potential
impacts would be less than significant.
No mitigation is required. Less than Significant
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Impact Statement Mitigation Measure(s) Residual Impact
Impact UTL-3. Development facilitated by the project
would increase demand for wastewater treatment. The
timing, intensity, and location of an expansion of
wastewater treatment facilities is unknown at this time, but an expansion would require additional ceqa review
and compliance with existing building and zoning codes.
As such, impacts related to expansion of wastewater
treatment facilities as a result of the 2040 general plan would be less than significant.
No mitigation is required. Less than Significant
Impact UTL-4. The project would not generate solid
waste in excess of state or local standards, would not
exceed the capacity of local infrastructure, and would
not impair the attainment of solid waste reduction
goals. Impacts would be less than significant.
No mitigation is required. Less than Significant
Wildfire
Impact W-1. The 2040 general plan proposed policies
address emergency access, response, and
preparedness. Therefore, the project would not impair
an emergency response plan or emergency evacuation
plan. Impacts would be less than significant.
No mitigation is required. Less than Significant
Impact W-2. The project could expose people and
structures to wildfire risk; however, wildfire risks would be reduced with mitigation and impacts would be less
than significant.
WF-1 Wildfire Risk Reduction During Construction. For projects located in proximity to agricultural or undeveloped areas (including hillside areas) with flammable vegetation, prior to issuance of a grading or building permit, whichever occurs first, the applicant shall submit documentation that they will implement the following measures to reduce risk of loss, injury, or death from wildfire during construction:
1. Construction equipment powered by internal combustion engines shall be equipped with spark arresters. The spark arresters shall be maintained pursuant to manufacturer recommendations to ensure adequate performance.
2. Certain project construction activities with potential to ignite wildfires during red-flag warnings issued by the National Weather Service for the project site location shall be prohibited. Example activities that shall be prohibited during red-flag warnings include welding and grinding outside of enclosed buildings, mowing, chain sawing, chipping, the use of any equipment with the potential to introduce sparks.
3. Fire extinguishers shall be required to be onsite during construction. Construction vehicles shall be equipped with at least one (1) functioning fire extinguisher and one (1) shovel or McLeod firefighting tool. Heavy machinery or equipment (e.g., tractors, Less than Significant
with Mitigation
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Impact Statement Mitigation Measure(s) Residual Impact
grinders, tree chippers, excavators, bulldozers) shall be equipped with one (1) shovel, McLeod firefighting tool, or Pulaski; one (1) functioning fire extinguisher; and at least one 5-gallon backpack pump or larger capacity water (or CAFS) pump/delivery system..
Fire extinguishers shall be maintained to function according to manufacturer specifications. Construction personnel shall receive training on the proper methods of using a fire extinguisher.
WF-2 Fire Resistant Vegetation and Landscaping. For projects located in proximity to agricultural or undeveloped areas (including hillside areas) with flammable vegetation, prior to issuance of a building permit for development located within or adjacent to a VHFHSZ, the applicant shall submit landscape plans prepared by a registered Landscape Architect that are consistent with applicable Building and Fire Codes.
Impact W-3. The project would include the installation
of utilities and future mobility improvements; however, compliance with the HMP and proposed policies in the
2040 general plan would reduce impacts to less than
significant.
No mitigation is required. Less than Significant
Impact W-4. The planning area is relatively flat and
compliance with proposed policies in the 2040 general
plan and the American Canyon municipal code would
ensure that risks from flooding or landslides due to a
wildfire would be less than significant.
No mitigation is required Less than Significant
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Introduction
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Introduction
This Environmental Impact Report (EIR) examines the potential environmental effects of the proposed City of American Canyon (City) 2040 Technical General Plan Update (“project”). The environmental review process for the project, and legal basis for preparing an EIR, are described below.
1.1 Environmental Impact Report Background
This document is an EIR that evaluates the potential environmental impacts associated with implementation of the project. This section of the EIR:
Provides an overview of project’s background.
Summarizes the process involved in developing the project.
Describes the purpose of and legal authority of the EIR.
Summarizes the scope and content of the EIR.
Lists lead, responsible, and trustee agencies for the EIR.
Describes the intended uses of the EIR.
Provides a synopsis of the environmental review process required under the California Environmental Quality Act (CEQA).
The contents of other EIR sections are as follows:
Section 2, Project Description, provides a detailed discussion of the project. Section 3, Environmental Setting, describes the general environmental setting for the City of American Canyon.
Section 4, Environmental Impact Analysis, describes the potential environmental effects associated with development facilitated by the project. Section 5, Other CEQA Required Sections, discusses issues such as growth inducement and significant irreversible environmental effects.
Section 6, Alternatives, discusses alternatives to the project, including the CEQA-required “no project” alternative.
Section 7, References and Report Preparers, lists informational sources for the EIR and persons involved in the preparation of the document.
In addition, this EIR also includes the following Appendices:
Appendix A. Notice of Preparation and Scoping Comments Received Appendix B. Supporting Biological Resources Information Appendix C. Supporting Noise Information
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1.2 Overview of the Project
State law (Government Code Section 65300) requires each city and county adopt a comprehensive general plan. The City’s existing General Plan was adopted by the City Council on November 3, 1994.
The project is a comprehensive effort to update the existing General Plan to respond to current local and regional conditions, and changes in State law that may not have been in effect when the General Plan was originally adopted. The proposed 2040 Technical General Plan Update has been organized into the following elements: Land Use; Housing; Economic Development; Mobility; Utilities; Public Services and Facilities; Environment, Parks, and Recreation; Safety; and Environmental Justice. Together, these elements cover all topics required to include in a General Plan under State law.
The General Plan defines the policy framework by which the City’s physical and economic resources are to be managed and used over the next 18 years. City decision-makers will use the General Plan as a blueprint for:
Choices about the use of land;
Protection of environmental resources;
Conservation and development of housing;
Provision of supporting infrastructure and public and human services; and Protection of people and property from natural and constructed hazards.
The General Plan serves as a constitution for future development in American Canyon. Therefore, any City decision affecting land use and development must be consistent with the General Plan. This includes development projects that may be proposed in the future. An action, program, or project would be considered consistent with the General Plan if, considering all of its aspects, it will further the objectives and policies of the General Plan or not obstruct their attainment.
The project contains goals, policies, and implementation programs to implement the City’s overarching objectives.
Goals are statements that provide direction and state the desired end condition. Policies establish basic courses of action to achieve these goals, and directly guide the response of elected and appointed officials to development proposals and related community actions. Implementation Programs are specific actions, procedures, standards or techniques that the City must take to help achieve a specified goal or implement an adopted policy.
1.3 Purpose and Legal Authority
This EIR has been prepared in accordance with the CEQA Guidelines. In accordance with CEQA Guidelines Section 15121(a) (California Code of Regulations, Title 14, Division 6, Chapter 3), the purpose of an EIR is to:
Inform public agency decision-makers and the public generally of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project.
This EIR fulfills the requirements for a Program EIR. Although the legally required contents of a Program EIR are the same as a Project EIR, Program EIRs are by necessity more conceptual and may 252
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contain more general discussion of impacts, alternatives, and mitigation measures than a Project EIR. As provided in CEQA Guidelines Section 15168, a Program EIR may be prepared on a series of actions characterized as one large project. Use of a Program EIR enables the City (as Lead Agency) to consider broad policy alternatives and program-wide mitigation measures and greater flexibility to address environmental issues and/or cumulative impacts on a comprehensive basis. While the Program level EIR uses expansive program-level thresholds, it should not be assumed that impacts determined to be less than significant at a program level would be less than significant for an individual project implemented under the 2040 General Plan, even if the individual project is consistent with the 2040 General Plan.
Once a Program EIR has been prepared, subsequent activities within the Project must be evaluated to determine what, if any, additional CEQA documentation needs to be prepared. If the Program EIR addresses the Project’s effects as specifically and comprehensively as possible, many subsequent activities could be found to be within the Program EIR scope and additional environmental documentation may not be required (CEQA Guidelines Section 15168(c)). When a Lead agency relies on a Program EIR for a subsequent activity, it must incorporate applicable mitigation measures and alternatives developed in the Program EIR into the subsequent activities (CEQA Guidelines Section 15168(c)(3)). If a subsequent activity would have effects not contemplated or not within the scope of the Program EIR, the Lead Agency must prepare a new Initial Study leading to a Negative Declaration, Mitigated Negative Declaration, or a project level EIR. In this case, the Program EIR still serves a valuable purpose as the first-tier environmental analysis. CEQA Guidelines Section 15168(b) encourage the use of Program EIRs, citing five advantages:
Provision of a more exhaustive consideration of impacts and alternatives than would be practical in an individual EIR.
Focus on cumulative impacts that might be slighted in a case-by-case analysis. Avoidance of continual reconsideration of recurring policy issues. Consideration of broad policy alternatives and programmatic mitigation measures at an early stage when the agency has greater flexibility to deal with them. Reduction of paperwork by encouraging the reuse of data (through tiering).
This EIR has been prepared to analyze potentially significant environmental impacts resulting from implementation of the project and provides feasible mitigation measures or project alternatives that would minimize or eliminate these impacts.
1.4 Scope and Content
In accordance with the CEQA Guidelines, a Notice of Preparation (NOP) of a Draft EIR was circulated to potentially interested parties on July 5, 2022. The NOP, included in Appendix A, indicates that all issues on the City’s environmental checklist would be discussed in the EIR. These include:
Aesthetics Noise
Agricultural and Forestry Resources Population and Housing Air Quality Public Services and Recreation
Biological Resources Transportation
Cultural Resources Tribal Cultural Resources
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Greenhouse Gas Emissions Utilities and Service Systems Land Use and Planning Wildfire
This EIR evaluates potential impacts in each of these areas. Impacts regarding the CEQA topics of Agriculture and Forestry Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, and Mineral Resources were determined to not be significant and are analyzed in section 4.15 of this EIR. The focus of this EIR is to:
Provide information about the project for consideration by the City Council in its selection of the project, an alternative to the project, or a combination of various elements from the project and its alternatives, for approval;
Review and evaluate the potentially significant environmental impacts that could occur as a result of the growth and development envisioned in the project; Identify feasible mitigation measures that may be incorporated into the project to reduce or eliminate potentially significant effects;
Disclose any potential growth-inducing and/or cumulative impacts associated with the project; and
Examine a reasonable range of alternative growth scenarios (including growth according to the existing General Plan, reduced growth, and alternative locations within the City for growth) that could feasibly attain the basic objectives of the project, while eliminating and/or reducing some or all of its potentially significant adverse environmental effects.
The NOP of this EIR received three written responses. The responses, included in Appendix A, are addressed, as appropriate, in the analysis contained in the various subsections of Section 4, Environmental Impact Analysis. The City staff also conducted a virtual scoping meeting on July 28, 2022. Two Planning Commissioners and one member of the public made comments at the Scoping Meeting. Table 1-1 shows a summary of the written comments and Scoping Meeting comments. The NOP and written comments are included in Appendix A.
Table 1-1 NOP Comments and EIR Response
Commenter Issue Area/Issues Raised How and Where Addressed in the EIR Agency Comments
California
Department of
Fish and Wildlife
(CDFW)
Requested that the EIR include the
following information: land use changes;
project footprints; temporarily impacted
areas; plans for proposed structures,
ground disturbing activities, landscaping,
stormwater improvements, fencing, paving,
stationary machinery; operational features;
and construction activities.
Chapter 2, Project Description includes the
complete project description. Some of the
information requested by CDFW is currently not
available, including footprints, plans for buildings,
operational features, and construction information.
This EIR is a programmatic EIR and the information
requested by CDFW will be available when future
plans and projects are proposed and reviewed by
the City.
Requested creation of procedure or
checklist for evaluating subsequent project
impacts on biological resources to
determine if individual projects are within
the scope of the Program EIR.
Section 1.3, Purpose and Legal Authority identifies
how this Programmatic EIR would be used in the
future.
Noted regulatory authority under the
California Endangered Species Act, Native
These regulations are incorporated into Section 4.3,
Biological Resources.
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Commenter Issue Area/Issues Raised How and Where Addressed in the EIR Plant Protection Act, Fish and Game Code,
and Migratory Bird Treaty Act.
Recommended EIR provide baseline data
for species and habitat from multiple
sources.
The baseline data used for this EIR is included in
Section 4.3, Biological Resources.
Recommended surveys be conducted for
special-status species.
A requirement for biological resource surveys for
future projects is included in Section 4.3, Biological
Resources.
Requested discussion of all direct and
indirect impacts associated with the
project, feasible mitigation, and cumulative
impacts
Impacts and mitigation are identified in Section 4.3,
Biological Resources.
California
Department of
Transportation
(Caltrans)
Identified that VMT analysis should include
discussion of multimodal transportation
and traffic safety issues; the project’s
effects on pedestrians, bicycles, travelers
with disabilities, and transit performance;
and, if necessary, mitigation for an increase
in VMT.
Comment is addressed in Section 4.11,
Transportation
Native American
Heritage
Commission
(NAHC)
Noted tribal consultation is required under
Assembly Bill 52 and Senate Bill 18.
The notification process, pursuant to Assembly Bill
52 and Senate Bill 18, is summarized in Section
4.12, Tribal Cultural Resources.
Identified procedures to follow and
requested feasible mitigation be
considered, including provisions for the
inadvertent discovery of tribal cultural
resources.
Comment is addressed in Section 4.4, Cultural
Resources and Section 4.12, Tribal Cultural
Resources.
Planning Commission Comments
Vice Chair Wong Requested information on Measure J
consistency with the American Canyon
General Plan and Napa County General Plan
This comment concerns the General Plan Update
and is not relevant to the EIR.
Requested information on EIR and General
Plan noticing process to public and Planning
Commission.
Summary of noticing is provided in Section 1.7,
Environmental Review Process.
Asked how the draft resolutions regarding
climate change would be incorporated into
the General Plan Update.
This comment concerns the General Plan Update
and is not relevant to the EIR. A discussion of
greenhouse gas emissions is provided in Section
4.7, Greenhouse Gas Emissions.
Commissioner
Navarro
Asked if General Plan Update and EIR would
address climate change and prohibiting
new gas stations in the City.
Comment is addressed in Section 4.5, Energy, and
Section 4.7, Greenhouse Gas Emissions.
Noted highlighting greenhouse gas
reduction measures may result in extra
community engagement.
A discussion of greenhouse gas emissions is
provided in Section 4.7, Greenhouse Gas Emissions.
Public Comments
Chris James Requested clarification on Measure J,
Green Island Vineyards project, and
LAFCO’s effect on the General Plan Update.
This comment concerns the General Plan Update
and is not relevant to the EIR.
Requested information on the Urban Limit
Line and introduction of the Hess Laird
property.
A discussion of the Urban Limit Line and Hess Laird
property is included in Chapter 2, Project
Description.
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1.5 Lead, Responsible, and Trustee Agencies
The City of American Canyon is the lead agency under CEQA for this EIR because it has primary discretionary authority to determine whether or how to approve the project. CEQA Guidelines Section 15381 defines responsible agencies as other public agencies that are responsible for carrying out/implementing a specific component of a project or for approving a project that implements the goals and policies of a General Plan. There are no responsible agencies for the project. Although not responsible agencies under CEQA, several other agencies have review authority over aspects of the project or approval authority over projects that could potentially be implemented in accordance with various objectives and policies included in the project. These agencies and their roles are listed below.
The State Geologist is responsible for the review of the City’s program for minimizing exposure to geologic hazards and for regulating surface mining activities. The Napa Local Agency Formation Commission (LAFCO) has responsibility for approving any annexations to the City that might occur over the life of the project. The California Department of Transportation (Caltrans) has responsibility for approving future improvements to the state highway system, including State Route 29. The California Department of Fish and Wildlife (CDFW) has responsibility for issuing take permits and streambed alteration agreements for any projects with the potential to affect plant or animal species listed by the State of California as rare, threatened, or endangered or that would disturb waters of the State.
The Napa County Airport Land Use Commission (ALUC) has the responsibility of reviewing the project and future individual projects, as applicable, for consistency with the ALUC’s Airport Land Use Compatibility Plan (ALUCP).
Any other public agencies which may own land within City boundaries.
Trustee agencies have jurisdiction over certain resources held in trust for the people of California but do not have a legal authority over approving or carrying out the project. CEQA Guidelines Section 15386 designates four agencies as trustee agencies: CDFW with regards to fish and wildlife, native plants designated as rare or endangered, game refuges, and ecological reserves; the State Lands Commission, with regard to state-owned “sovereign” lands, such as the beds of navigable waters and State school lands; the California Department of Parks and Recreation, with regard to units of the State park system; and the University of California, with regard to sites within the Natural Land and Water Reserves System. The CDFW, due to the potential for rare or endangered species, is the only trustee agencies for the project.
1.6 Intended Uses of the EIR
This EIR is as an informational document for use in the City’s review and consideration of the project. This document is a Program EIR. CEQA Guidelines Section 15168(a) states that:
A Program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) geographically; (2) as logical parts in a chain of contemplated actions; (3) in connection with issuance of rules, regulations, plans, or other general criteria, to govern the conduct of a continuing program; or (4) as individual activities 256
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carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.
As a programmatic document, this EIR presents and discloses a region-wide assessment of the environmental impacts of the project. The information and analysis in this EIR will be used by the City of American Canyon Planning Commission and City Council, trustee agencies, and the general public to evaluate the project’s potential effects on the environment.
1.7 Environmental Review Process
The environmental impact review process required under CEQA is summarized below and illustrated in Figure 1-1. The steps appear in sequential order.
Notice of Preparation (NOP) Distributed. Immediately after deciding that an EIR is required, the lead agency must file a NOP soliciting input on the EIR scope to "responsible," "trustee," and involved federal agencies; to the State Clearinghouse, if one or more state agencies is a responsible or trustee agency; and to parties previously requesting notice in writing. The NOP must be posted in the County Clerk's office for 30 days. A scoping meeting to solicit public input on the issues to be assessed in the EIR is not required but may be conducted by the lead agency.
The NOP public comment period for the project was from July 5, 2022 to August 4, 2022 and a scoping meeting was held on July 28, 2022. Public comments were received in response to the NOP and scoping process.
Draft EIR Prepared. The Draft EIR must contain: a) table of contents or index; b) summary; c) project description; d) environmental setting; e) significant impacts (direct, indirect, cumulative, growth-inducing and unavoidable impacts); f) alternatives; g) mitigation measures; and h) irreversible changes.
Public Notice and Review. A lead agency must prepare a Public Notice of Availability of an EIR.
The Notice must be placed in the County Clerk’s office for 30 days (Public Resources Code Section 21092) and sent to anyone requesting it. Additionally, public notice of Draft EIR availability must be given through at least one of the following procedures: a) publication in a newspaper of general circulation; b) posting on and off the project site; and c) direct mailing to owners and occupants of contiguous properties. The lead agency must consult with and request comments on the Draft EIR from responsible and trustee agencies, and adjacent cities and counties. When a Draft EIR is sent to the State Clearinghouse for review, the public review period must be 45 days, unless a shorter period is approved by the Clearinghouse (Public Resources Code 21091). Distribution of the Draft EIR may be required through the State Clearinghouse. This EIR will be circulated for a 45-day public review and will be sent to the State Clearinghouse.
Notice of Completion. A lead agency must file a Notice of Completion with the State Clearinghouse as soon as it completes a Draft EIR.
Final EIR. A Final EIR must include: a) any revisions to the Draft EIR; b) copies of comments received during public review; c) list of persons and entities commenting; and d) responses to comments.
Certification of Final EIR. The lead agency shall certify that: a) the Final EIR has been completed in compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead agency; and c) the decision-making body reviewed and considered the information in the Final EIR prior to approving a project.
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Lead Agency Project Decision. A lead agency may: a) disapprove a project because of its significant environmental effects; b) require changes to a project to reduce or avoid significant environmental effects; or c) approve a project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted.
Findings/Statement of Overriding Considerations. For each significant impact of the project identified in the EIR, the lead or responsible agency must find, based on substantial evidence, that: a) the project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to the project are within another agency's jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible. If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that set forth the specific social, economic, or other reasons supporting the agency's decision.
Mitigation Monitoring/Reporting Program. When an agency makes findings on significant effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation measures that were adopted or made conditions of project approval to mitigate significant effects.
Notice of Determination. An agency must file a Notice of Determination after deciding to approve a project for which an EIR is prepared. A local agency must file the Notice with the County Clerk. The Notice must be posted for 30 days and sent to anyone previously requesting notice. Posting of the Notice starts a 30-day statute of limitations on CEQA challenges. 258
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Figure 1-1 Environmental Review Process
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2 Project Description
The project analyzed in this Environmental Impact Report (EIR) is the City of American Canyon (City) Technical 2040 General Plan Update, hereafter referred to as the “project.” This section of the EIR describes the key characteristics of the project, including the project proponent/lead agency, the geographic extent of the plan, project objectives, required approvals, and the development forecasted by the project.
2.1 Project Purpose
The project is an update to the City’s current General Plan, which includes the following chapters:
Introduction, Land Use Element, Housing Element, Economic Development Element, Circulation Element, Utilities Element, Public Services and Facilities Element, Parks and Recreation Element, Natural and Historic & Cultural Resources Element, Geology Element, Flood Hazards Element, and Noise Element. The project establishes the City’s vision for future development through the horizon year of 2040. The project will serve as the City’s primary guide for future land use and development decisions in a way that meets the community needs and priorities while serving as a key tool for influencing and improving the quality of life for residents and businesses. As such, it serves as the “blueprint” for future development and conservation of a community. The 2040 General Plan Update will help the City plan for important community issues, such as community growth; health, housing, mobility, and infrastructure needs; climate change; and environmental protection. It will also set the stage for future social, physical, and economic development of the City.
2.2 Project Proponent/Lead Agency
The City of American Canyon is both the project proponent and the lead agency for the project. The City’s Community Development Department (located at 4381 Broadway Street, Suite 201, American Canyon, California 94503) prepared this EIR with the assistance of Rincon Consultants, Inc. and Mintier-Harnish.
2.3 Project Location
The City of American Canyonis located in southern Napa County, as shown in Figure 2-1. The City is bordered by Napa County Airport to the north, Sulphur Spring Mountains to the east, Solano County and the City of Vallejo to the south, and the Napa River to the west.
Pursuant to State law, a General Plan must address all areas that bear a physical relationship to the long-term planning of the city. Consistent with this principle, the General Plan Area includes the City of American Canyon Water and Sewer Service area, the City limits, the City’s Sphere of Influence (SOI), and urban limit line. Figure 2-1 depicts the limits of the General Plan Area. 261
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Figure 2-1 Regional Location
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Any future development associated with the 2040 General Plan would be limited to the City limits, the SOI, and the urban limit line. As such, this EIR focuses on these three areas, which altogether are referred to as the “Planning Area.” Figure 2-2 depicts the City limits, the SOI, and the urban limit line. The American Canyon city limits defines land that has been incorporated and for which the City has authority. The Napa County Local Agency Formation Commission (LAFCo) established the SOI, which defines the probable physical boundary and service area of a local agency. The SOI includes areas the City will have primary responsibility to provide public facilities and services. The City Council adopted an initiative in 2008 to adopt an urban limit line around the city. This urban limit line was negotiated with Napa County to be consistent with the County’s general plan and agricultural protection ordinances. The boundary helps preserve agriculture and open spaces, prevent urban sprawl, implement the planned development of the city, foster sustainable growth, and maintain a balance between housing and jobs. Primary regional access to the City is provided by Interstate 80 (I-80), approximately five miles to the east of the City limits. State Route 29 (SR 29) provides north-south access while State Route 12 (SR 12) provides east-west access to the City. The City is served by a surface street system ranging from multi-lane arterial roadways to narrow twolane streets.
2.4 Regulatory Setting
State law (Government Code Sections 65300 through 65303.4) sets forth the requirement for each municipality to adopt and periodically update its General Plan, and sets the requirement that a General Plan include the following mandatory subject areas, or “elements”: Land Use, Circulation, Housing, Open Space, Conservation, Noise, Safety, and Environmental Justice. State law also allows for optional elements that can be organized or combined at the City’s discretion. The 2040 General Plan has been organized into the following elements: Land Use; Housing; Economic Development; Mobility; Utilities; Public Services and Facilities; Environment, Parks, and Recreation; Safety; and Environmental Justice. Together, these elements cover all topics required to be included in a General Plan under State law. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 30, 2023.
Under State law, a property’s zoning is required to be consistent with its General Plan land use designation (Government Code Section 65860). Section 65860(c) of the Government Code requires that when a General Plan is amended or updated in a way that makes the Zoning Ordinance inconsistent with the General Plan, “the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.” 263
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Figure 2-2 Project Location
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2.5 Project Objectives
The Technical 2040 General Plan will serve as a long-term framework for future growth and development, represents the community’s view of its future, and contains the goals and policies upon with the City Council, Planning Commission, and the entire community will base land use and resource decisions. The Technical 2040 General Plan will provide a contemporary plan that will guide American Canyon though the next 20 years. The primary objective of this project is to update the existing American Canyon General Plan in order for it to be compliant with State law.
The Technical 2040 General Plan would implement the vision of the existing General Plan. The City identifies the following three fundamental roles of the City:
The City should be home for a residential population, internally accommodating a sufficient range of uses to support the needs of residents (including a mix of housing types, commercial services, entertainment, employment, recreation, education, health, religious, cultural facilities, transportation services, and open space). At the present time, many of these uses are located outside the City, which necessitates extensive travel by residents to access these services.
The City should be a center of employment and commerce for regional, as well as local residents. This will provide an opportunity to capitalize upon (1) the cluster of uses which have developed in the Green Island Industrial Park; (2) the proximity of the City to the Napa County Airport and Southern Pacific railroad, and (3) the relationship of the City to the agricultural and vineyard industries of Napa County.
The City can capture visitors to the Napa Valley by providing uses which capitalize on the unique environmental setting of the foothills, river valleys, and agriculture. Environmental educational facilities, such as wetlands interpretative centers, overnight camping and recreational vehicle facilities, river recreational facilities such as boating, golf courses, and hotel/motels and restaurants are representative of the range of uses which may be considered.
2.6 Project Characteristics
2.6.1 2040 General Plan Update Organization
The elements included in the 2040 General Plan are further described below. Land Use Element. This element contains the development policies and standards that directly shape land use decisions and the resulting physical form of the City of American Canyon. These include density, lot coverage, and height policies. The Land Use Element serves as the primary means for ensuring that new land uses are logically organized and developed sustainably. Mobility Element. This element provides a framework for decisions concerning the City’s multimodal transportation network. This element also incorporates Vehicle Miles Travelled policies consistent with Senate Bill 743 (SB 743) and updates street standards for all modes of transportation including transit, bicycles, and pedestrian. Utilities. This element focuses on the variety of public facilities, utilities, and infrastructure that are necessary to sustain existing households and businesses and to accommodate future population and employment growth.
Environment, Parks, and Recreation. This element considers the effects of existing and planned development on natural resources, including biological resources, water resources, soil 265
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resources, cultural and historic resources, and air quality and climate change. This element also guides the long-range preservation and conservation of open space, as well as the park and recreational facilities.
Safety Element. This element addresses natural and urban safety hazards in American Canyon, including existing and potential hazards. This Element establishes policies and actions to mitigate identified hazards to protect City residents and visitors. This element also focuses on noise element requirements, consistent with Government Code Section 65302(f), including new existing noise contours as well as projected noise contours based on future traffic volumes projected to arise from improvements planned for in the Mobility Element. Environmental Justice. This element establishes goals, policies, and implementation programs related to environmental justice to ensure all the members of the American Canyon community (i.e., residents, workers, business owners, local organizations, and visitors) regardless of race, ethnicity, age, gender, religion, sexual orientation, disability, and socio-economic status feel valued, safe, respected, included, and secure.
The City has also prepared an updated Housing Element, which was made available for public review on September 27, 2022. The Housing Element identifies the City’s Regional Housing Needs Allocation (RHNA) goal of 622 dwelling units and provides the City’s action plan for the 6th Cycle Housing Element (2023 to 2031). The Housing Element was certified by the State Department of Housing and Community Development (HCD) on June 30, 2023. The Housing Element has undergone separate CEQA review and for that reason is not analyzed in this EIR.
In addition, the 2040 General Plan would include an Economic Development and Public Services and Facilities Element. However, these elements have not been updated and the current Economic Development and Public Services and Facilities Element in the current General Plan would still apply to the project. Pertinent policies that would reduce environmental impacts are identified in this EIR.
2.6.2 Land Use Designations
The land use map for the General Plan Update is provided in Figure 2-3. These land use designations define the basic categories of land uses allowed in the city but are implemented through the City’s Zoning Ordinance and Zoning Map, which are part of the City’s Municipal Code and contain more specific regulations and standards governing development on individual properties. The project would change some of the land use designations; however, these changes primarily resolve inconsistences between existing uses and the General Plan land use designations. Figure 2-4 shows the changes in land use designations compared to the current General Plan.
2.6.3 Urban Limit Line Expansion
As a part of the project, the City would update the Urban Limit Line to include the Hess/Laird Property, as shown in Figure 2-5. The lands that would be added to the Urban Limit Line are within Napa County’s jurisdiction and would need to be incorporated into the City with an annexation before any future development could occur in that area. Because these lands are not within the City’s jurisdiction, the potential environmental impacts from future development in the Hess Laird Property will be addressed when the City pursues annexation of that area. The expansion of the Urban Limit Line is an administrative process that would not result in an environmental impacts and is not discussed further in this EIR.
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Figure 2-3 2040 General Plan Land Use Designations
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Figure 2-4 Proposed Land Use Element Amendments
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Figure 2-5 Proposed Urban Limit Line
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2.6.4 Project Buildout
Compared to existing conditions, there could be additional buildout from implementation of the 2040 General Plan. The potential buildout associated with the project was estimated based on the City’s Traffic Impact Fee (TIF) Nexus Study, as well as the known buildout of specific plans and already approved General Plan Amendments. Table 2-1 and Table 2-2 identifies the additional residential and non-residential buildout that could occur relative to existing conditions, respectively.
Overall, compared to existing conditions, the project could add a total of 3,379 additional residential units and approximately 5,704,000 square feet of commercial, retail, hotel, industrial, warehouse, and research and development (R&D) uses.
2.6.5 Mobility Updates
The 2040 General Plan includes a Mobility Element, which provides a vision and guiding principles for the transportation system. The Mobility Element identifies the following proposed major circulation improvements in American Canyon:
The City is in partnership with the Napa Valley Transportation Authority to identify improvements to SR 29, including landscaping improvements, pedestrian improvements, and multimodal features.
Newell Drive extension from Watson Ranch to Highway 29 at Green Island Road (2-Lane Major Collector Road and 4-Lane Arterial)
Green Island Road reconstruction from a 2-lane Arterial to a 3-Lane Arterial West Side Connector (2-Lane Major Collector)
Eucalyptus Drive extension from Theresa Avenue to Broadway (2-Lane Major Collector) Rio Del Mar or South Napa Junction Road, including new at-grade crossing from Broadway to Newell Drive (2-Lane Major Collector)
Napa Junction Road from Theresa Avenue to Hess Road (2-Lane Minor Collector) Newell Drive Railroad Overcrossing
American Canyon Road Pedestrian Crossing
Donaldson Way Pedestrian Crossing
Napa Junction Road Pedestrian Crossing
The new proposed roadways are shown in Figure 2-6.
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Table 2-1 Residential Buildout Compared to Existing Conditions Residential Type
Number of Dwelling Units
Pipeline
Projects a
Remaining TIF
Projects b
Broadway District
Specific Plan c
Watson Ranch
Specific Plan d
Oat Hill Residential General
Plan Amendment e Total
Single Family 41 197 0 1,061 0 1,299
Multi-family 186 36 1,200 192 291 1,905
Total 227 233 1,200 1,253 291 3,204
Notes:
a. The City has identified the following pipeline projects that would be constructed in the future: Lemos Pointe, Canton Estates, West Carolyn Subdivision, and Rio Del Mat West Subdivisions (City of American Canyon 2022).
b. The Remaining TIF Projects were calculated by subtracting the estimated buildout in the 2015 TIF with both the pipeline projects and the projects that were constructed between 2014 and 2021 (City of American Canyon 2015 and 2022a).
c. The Broadway District Specific Plan was adopted in July 2019 and has undergone CEQA review (City of American Canyon 2020). d. The Watson Ranch Specific Plan was adopted in 2018 and has undergone CEQA review (City of American Canyon 2018). e. In September 2021, the Oat Hill Multi-Family Residential Project, which included a General Plan Amendment was approved. An Initial Study/Mitigated Negative Declaration was prepared for this Project (City of American Canyon 2021).
Table 2-2 Non-Residential Buildout Compared to Existing Conditions Non-Residential Type
Area (in Million Square Feet)
Pipeline Projects a
Remaining TIF
Projects b
Broadway District
Specific Plan c
Watson Ranch
Specific Plan d
Watson Lane
Annexation e Total
Office 0 65 100 25 0 190
Commercial/Retail/Hotel 0 0 840 175 189 1,204
Industrial/Warehouse/R&D 3,118 0 0 0 1,192 4,310
Total 3,118 65 940 200 1,381 5,704
Notes:
a. The City has identified the following pipeline projects that would be constructed in the future: Future Warehouse at 1055 Commerce Court, Napa Airport Commerce Center, Giovanni Logistics Center, SDG 217 Warehouse, and PGE Regional Center (City of American Canyon 2022). b. The Remaining TIF Projects were calculated by subtracting the estimated buildout in the 2015 TIF with both the pipeline projects and the projects that were constructed between 2014 and 2021 (City of American Canyon 2015 and 2022a).
c. The Broadway District Specific Plan was adopted in July 2019 and has undergone CEQA review (City of American Canyon 2020). d. The Watson Ranch Specific Plan was adopted in 2018 and has undergone CEQA review (City of American Canyon 2018). e. The Watson Lane Annexation Project would annex an area within the City’s SOI and allow for industrial and commercial development. The project is currently undergoing CEQA (City of American Canyon 2022b).
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Figure 2-6 Proposed Roadway Connections
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2.7 Intended Use of this EIR
This EIR provides a programmatic environmental review of implementing the City’s 2040 General Plan Update. Subsequent activities falling under the City’s 2040 General Plan Update will utilize this EIR to focus the environmental review of these consequent activities and to determine their effects.
If a new project is proposed that is not anticipated by the 2040 General Plan Update, or may result in project-level environmental effects not addressed in this program-level EIR, the future project would be evaluated as required under CEQA. This EIR is not intended to prohibit consideration of future projects or CEQA analysis of future projects.
2.8 Project Implementation
Following adoption of project by the City Council, all subsequent activities and development within the City will be guided by the goals and policies in the Technical 2040 General Plan Update. It therefore provides specific policy guidance for implementation of plan concepts. The City will also need to work with Napa County and other public agencies to implement policies that affect their respective jurisdictions or would affect the region. Implementing these policies in accordance with new development (residential, commercial, or industrial) will be subject to the City’s established review and approval processes, with final review and approval by the appropriate departmental staff, as well as the appointed and elected officials. The principal responsibilities that city officials and staff have for project implementation are briefly summarized below:
Update the City of American Canyon Zoning Ordinance to achieve consistency with the adopted General Plan Update.
Rezone properties, as dictated by future development proposals. Approve tentative maps, variances, conditional use permits, and other land use permits and entitlements.
Approve development agreements and issuance of related permits and approvals consistent with the 2040 General Plan Update.
Analyze and plan public infrastructure such as roadway improvements, other capital improvements, and natural/capital resource preservation and/or restoration. Conduct or consider further focused planning studies, as appropriate to future development in the city.
2.9 Required Approvals
With recommendations from the City’s Planning Commission, the American Canyon City Council will need to take the following discretionary actions in conjunction with the project:
Certify the Final EIR and adopt required findings, including required findings under CEQA Guidelines Sections 15090, 15091, and 15093.
Approve and adopt the Technical 2040 General Plan Update. 273
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3 Environmental Setting
This section provides a general overview of the environmental setting for the project. More detailed descriptions of the environmental setting for each environmental issue area can be found in Section 4, Environmental Impact Analysis.
3.1 Setting
The City of American Canyon is located in southern Napa County, approximately 5 miles south of the City of Napa, 25 miles northeast of the city of San Francisco, and approximately 20 miles north of the City of Oakland. The city is located north of the San Francisco Bay and San Pablo Bay, east of Napa River and west of the Newell Open Space Preserve and Lynch Canyon Open Space Park.
Broadly, the City of American Canyon is bordered by unincorporated Napa County and the Napa County Airport to the north, Sulphur Spring Mountains to the east, Solano County and the City of Vallejo to the south, and a salt marsh and wetland area including the Napa River to the west.
The City encompasses an area of approximately 6.1 square miles. In addition, the City has a sphere of influence (SOI), which represents those areas that may already receive City services and are a visual and logical expansion of the city boundaries. There is currently one area in the SOI that is not within City limits. The City is currently in the process of annexing that area as part of the Paoli/Watson Lane Annexation Project and is currently preparing an Environmental Impact Report (EIR) consistent with the California Environmental Quality Act (CEQA) (City of American Canyon 2022). Primary regional access to the city is provided by Interstate 80 (I-80), approximately 5 miles to the east of the city limits. State Route (SR) 29 provides north-south access while SR 12 and SR 37 provide east-west access to the city. The city is served by a surface street system ranging from multi-lane arterial roadways to narrow two-lane streets. Primary access to the project site is provided by SR 29, known locally as “Broadway.”
Land uses in the City include single and multi-family residential, commercial, industrial, and open space. The City plays an important role in the Napa Valley wine industry with continuous growth in wine logistics, wine making, storage and distribution. The City is also home to growing major food production industries and logistics distribution, such as Coca Cola, Barry Callebaut Chocolate, Mezzetta, Amazon, and the nation’s first IKEA E-Commerce Distribution Center.
The climate of the City of American Canyon is a warm-summer Mediterranean climate, characterized by dry, hot summers and moderately moist, cool winters. The average temperature for the year in the City is 56.4°F (13.6°C). The warmest month, on average, is August with an average temperature of 65.1°F (18.4°C). The coolest month on average is December, with an average temperature of 45.4°F (7.4°C) (Weatherbase 2022). Average annual precipitation in American Canyon is 17.4 inches. Generally, in an average or typical year, most precipitation is received from October through April (Weatherbase 2022).
3.2 EIR Baseline
Section 15125 of the California Environmental Quality Act (CEQA) Guidelines states that an Environmental Impact Report (EIR) “should include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is 275
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published.” Section 15125 states that this approach “normally constitute[s] the baseline physical conditions by which a lead agency determines whether an impact is significant.” This EIR evaluates impacts against existing conditions, at the time the notice of preparation (NOP) was published, which was July 5, 2022. This EIR considers the potential impacts from buildout of the General Plan in 2040, compared to exiting conditions.
3.3 Cumulative Development
CEQA defines cumulative impacts as two or more individual actions that, when considered together, are considerable or will compound other environmental impacts. Cumulative impacts are the changes in the environment that result from the incremental impact of development of the proposed project and other nearby projects. For example, traffic impacts of two nearby projects may be insignificant when analyzed separately but could have a significant impact when analyzed together. Cumulative impact analysis allows an EIR to provide a reasonable forecast of future environmental conditions and can more accurately gauge the effects of a series of projects.
Because the project is a general plan update, cumulative impacts are treated somewhat differently than would be the case for a project-specific development. CEQA Guidelines Section 15130 provides the following direction relative to cumulative impact analysis and states that the following elements are necessary for an adequate discussion of environmental impacts:
A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or plans for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Any such document shall be referenced and made available to the public at a location specified by the lead agency.
By its nature, a general plan considers cumulative impacts insofar as it considers cumulative development that could occur within the Planning Area. For example, the transportation analysis considers the overall change in vehicle miles travelled (VMT) due to implementing several development projects that would add to the buildout associated with implementing the project.
These cumulative VMT calculations are accounted for in the air quality, energy, greenhouse gas emissions, and noise analyses; therefore, these analyses would also be considered cumulative.
Other impacts, such as geology and soils and cultural resources, are site specific and would not result in an overall cumulative impact from growth outside of the city. Therefore, the analysis of project impacts in this EIR also constitutes the cumulative analysis. 276
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4 Environmental Impact Analysis
This section discusses the possible environmental effects of the project for the specific issue areas identified through the scoping process with potential to experience significant effects. A “significant effect” as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15382:
means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
The assessment of each issue area begins with a discussion of the environmental setting related to the issue, followed by the impact analysis. In the impact analysis, the first subsection identifies the methodologies used and the “significance thresholds,” which are those criteria adopted by the City and other agencies, universally recognized, or developed specifically for this analysis to determine whether potential effects are significant. The next subsection describes each impact of the project, mitigation measures for significant impacts, and the level of significance after mitigation. Each effect under consideration for an issue area is separately listed in bold text with the discussion of the effect and its significance. Each bolded impact statement also contains a statement of the significance determination for the environmental impact as follows:
Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires a Statement of Overriding Considerations to be issued if the project is approved pursuant to CEQA Guidelines Section 15093.
Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under CEQA Guidelines Section 15091.
Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable. No Impact. The project would have no effect on environmental conditions or would reduce existing environmental problems or hazards.
Following each environmental impact discussion is a list of mitigation measures (if required) and the residual effects or level of significance remaining after implementation of the measure(s). The Executive Summary of this EIR summarizes all impacts and mitigation measures that apply to the project.
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4.1 Aesthetics
This section summarizes the aesthetic resources in the Planning Area and analyzes the impacts on aesthetics, including impacts to scenic vistas, scenic resources, visual character, visual quality, and light and glare due to the project.
4.1.1 Setting
The Planning Area is situated in the central portion of the Coast Mountain Ranges in the southeastern portion of Napa County, between the east bank of the Napa River and the Sulfur Springs Mountains foothills. The primary arterial roadway in the City is State Route (SR) 29, which bisects the City from north to south and serves as the primary commercial corridor. Residential uses are generally located in the southern portion of the City, with commercial and industrial uses located in the northern portion near the Napa County Airport. American Canyon is characterized by its low‐rise, rural suburban appearance, with most development having occurred within the last 40 years. The City is characterized by a variety of visual resources, both natural and constructed, including the rolling foothills to the east, riparian corridors, Oat Hill, Napa River, and the Basalt Plant. Visual resources in American Canyon are shown in Figure 4.1-1 through Figure 4.1-6. These figures show views of American Canyon Creek (Figure 4.1-1), the Basalt Plant site (Figure 4.1-2), the foothills to the east of American Canyon (Figure 4.1-3), an overview of American Canyon (Figure 4.1-4), a view of Oat Hill (Figure 4.1-5), and a view of the Napa River and wetlands to the west of American Canyon (Figure 4.1-6).
a. Scenic Resources
Most communities identify scenic resources that contribute to community identity. Scenic resources can be natural or constructed features such as trees, rock formations, historic buildings, and public art. The eastern foothills contribute to the City’s visual image as they provide a transition between the higher mountain ranges to the east and the low land or floodplains to the west. The foothills also contribute to the rural quality of the community and serve as a backdrop to the City’s existing development, which is viewed by its residents and vehicles traveling on State Route (SR) 29. Active vineyards located on portions of the foothills provide a linkage with the Napa Valley (City of American Canyon 1994a).
Oat Hill is located in the western portion of the City between developed land and the Napa River.
The hill is a visual landmark that provides direction and orientation to many residents in the community, particularly those living in residential neighborhoods within proximity to the hill (City of American Canyon 1994a).
Although most of the city’s visual resources are natural, the Napa Valley Ruins & Gardens is an exception. The Basalt Rock Company started a rock quarrying facility and operations near the Napa River in 1941. Following World War II, the plant built almost 30 miles of pipeline in Napa County.
This facility is now the focus of the Watson Ranch Specific Plan neighborhood. Architectural features of the Napa Valley Ruins & Gardens are planned to be incorporated into the design of the Watson Ranch Specific Plan neighborhood.
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Figure 4.1-1 View of American Canyon Creek, Facing East Figure 4.1-2 View of Distant Basalt Plant Site, Facing Northeast 280
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Figure 4.1-3 View of Foothills East of Newell Drive, Facing East Figure 4.1-4 View of American Canyon from Napa Junction Road, Facing Southeast 281
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Figure 4.1-5 View of Oat Hill from Napa Junction Road, Facing South Figure 4.1-6 View of the Napa River and Wetlands from Wetlands Edge Road, Facing Northwest
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Scenic Vistas and Views
A scenic vista provides views of an aesthetically valued landscape that benefits the public. The term “vista” generally implies an expansive view, usually from an elevated point or open area. This designation may be officially designated or unofficially defined by a set of criteria. American Canyon contains a number of streams and creeks, including American Canyon Creek, that provide the area with riparian habitats and vegetation and are considered scenic views. American Canyon Creek runs through the central portion of the City from the higher elevations of the Sulphur Spring Mountains to the Napa River. Development has altered the creek's natural stream course and ability to be viewed in some locations in American Canyon (City of American Canyon 1994a).
Although the Napa River flows outside City limits, the river serves as the primary western edge for American Canyon. In addition to the river’s role as a key boundary, the river itself is another visual resource that enhances the overall beauty of the area. Napa River is clearly visible from the City's higher elevations, including atop Oat Hill, the eastern foothills, and neighborhoods immediately east of the Napa River (City of American Canyon 1994a).
Scenic Roadways
California’s Scenic Highway Program designates scenic highways with the intention of protecting these corridors from change that would diminish the aesthetic value of adjacent lands. A highway is designated as an eligible scenic highway when the California Department of Transportation (Caltrans) determines that the roadway corridor qualifies for official status. The status of an officially designated scenic highway changes when the local governing body applies to Caltrans for scenic highway approval, adopts a Corridor Protection Program, and receives notification that the highway has been officially designated (Caltrans 2022). Scenic highways must have an approved Corridor Protection Program and remain in compliance to maintain scenic highway status. According to the Caltrans State Scenic Highway Map and list of eligible and officially designated State Scenic Highways, SR 29 is eligible for designation as a State Scenic Highway but is not officially designated as such (Caltrans 2018).
b. Visual Character
The City is in a transitional area between the Sulphur Springs Mountains and the Napa River. A highquality visual image and environmental character distinguish the area from other cities in the northern San Francisco Bay region. These visual and physical qualities provide a contrast from the urbanized areas to the south (City of American Canyon 1994b). Residential uses are generally located in the southern portion of American Canyon, with commercial and industrial uses located in the northern portion near the Napa County Airport.
c. Light and Glare Conditions
Light and glare from indoor or outdoor uses can reduce visibility of the night sky, create potential hazards to drivers, and be a nuisance to residential areas. The City has typical light conditions found in suburban areas (e.g., roadway lighting, commercial parking lot and building lighting, residential buildings, headlights from motor vehicles). Sources of daytime glare include direct beam sunlight and reflections from windows, architectural coatings, glass, and other shiny reflective surfaces.
Nighttime lighting and glare are produced by both stationary and mobile sources. Stationary sources of nighttime light include structure illumination, decorative landscape lighting, lighted signs, and streetlights. The primary source of mobile nighttime light is motor vehicle headlights. Sources of 283
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light and glare in the residential areas include street lighting along roadways, lit building exteriors and signage, and parking lot lighting.
4.1.2 Regulatory Setting
a. Federal Regulations
No existing federal regulations pertain to the aesthetic resources in the City. b. State Regulations
California Scenic Highways Program
The California Scenic Highway Program, established in 1963, identifies and designates certain highways throughout the State which require special conservation treatment in relation to surrounding land use development. Caltrans manages the State Scenic Highway Program and defines a scenic highway as any freeway, highway, road, or other public right-of-way, that traverses an area of exceptional scenic quality. Suitability for designations as a State scenic highway is based on the vividness, intactness, and unity of their view corridors, as described in Caltrans’ Scenic Highway Guidelines (Caltrans 2008):
Vividness is the extent to which the landscape is memorable. This is associated with the distinctiveness, diversity, and contrast of visual elements. A vivid landscape makes an immediate and lasting impression on the viewer.
Intactness is the integrity of visual order in the landscape and the extent to which the natural landscape is free from visual intrusions (e.g., buildings, structures, equipment, grading). Unity is the extent to which development is sensitive to and visually harmonious with the natural landscape.
California Code of Regulations, Title 24
Title 24 of the California Code of Regulations (CCR), also known as the California Building Standards Code, consists of regulations to control building standards throughout the State. The California Electrical Code (Title 24, Part 3) and Green Building Standards Code (also referred to as the CALGreen Code; Title 24, Part 11) stipulate minimum light intensities for safety and security at pedestrian pathways, circulation ways, and paths of egress. The CALGreen Code (24 CCR, Part 11, Paragraph 5.106.8, Light Pollution Reduction) provides that all nonresidential outdoor lighting must comply with the following:
The minimum requirements in the California Energy Code (CEC) for Lighting Zones 0 to 4 as defined in Chapter 10 of the California Administrative Code; Backlight ratings as defined in the Illuminating Engineering Society’s Technical Memorandum on Luminaire Classification Systems for Outdoor Luminaires (IES TM-15-11); Uplight and Glare ratings as defined in the CEC; and
Allowable backlight, uplight, and glare ratings not exceeding those shown in Table 5.106.8 in Section 5.106.8 of the CALGreen Code, or a local ordinance lawfully enacted pursuant to Section 101.7 of the CALGreen Code, whichever is more stringent. 284
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The 2022 updates to the CALGreen Code went into effect on January 1, 2023. They require nonresidential buildings to maximize light emitting diode (LED) technology in indoor and outdoor lighting plans.
c. Local Regulations
American Canyon Municipal Code – Title 19 (Zoning)
The Zoning Code (Title 19) of the American Canyon Municipal Code implements the General Plan, particularly the Land Use Element. While General Plan designations are more generalized in nature, the Zoning Code and zoning districts provide specific controls on land use, density or intensity of development, and development standards to implement the City’s General Plan goals and policies.
The Zoning Code provides standards for protection of visual resources, compatible design, and illumination for new development in the City that is associated with zoning. Zoning Code Title 19 establishes standards for development within the City. Zoning Code Chapter 19.23 provides a list of prohibited signage in the City. The California Building Code, which includes lighting requirements, has been adopted in Chapter 16.02 of the Municipal Code (City of American Canyon 2022).
4.1.3 Impact Analysis
a. Significance Thresholds and Methodology
CEQA Significance Criteria
Based on Appendix G of the CEQA Guidelines a project may be deemed to have a significant impact on aesthetics if it would:
Have a substantial adverse effect on a scenic vista;
Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway;
In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality; or Create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Methodology
Aesthetics impact assessments involve qualitative analysis that is subjective but informed by the City policies detailed above. Reactions to the same aesthetic conditions vary according to viewer taste and interests but are basically governed by the visual compatibility with the surroundings and existing development, coherence with design guidelines established by the jurisdiction, and use of high-quality materials that blend into the landscape. Ultimately, development decisions that prescribe aesthetic or design treatments for specific projects fall under the purview of the American Canyon Planning Commission and appointed or elected bodies charged with overseeing development permits. As a programmatic document, this EIR presents a City-wide assessment of the project. Because the EIR is a long-term document intended to guide actions for many years into the future, this analysis relies on program-level and qualitative evaluation. 285
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Threshold 1: Would the project have a substantial adverse effect on a scenic vista? Impact AES-1 THE PROJECT WOULD NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON A SCENIC VISTA, INCLUDING VIEWS OF HILLS, AND IMPACTS WOULD BE LESS THAN SIGNIFICANT.
The City has no designated scenic vistas or scenic viewpoints; however, views of the hills and ridgelines surrounding the City, including the Sulphur Springs foothills to the east and Oat Hill to the west, are generally considered important visual resources. Views from SR 29 provide motorists with expansive, although fleeting, views of these hills. In addition, expansive scenic views of the City and surrounding natural areas are provided from the Newell Open Space Preserve. Views from the Newell Open Space Preserve include the City, the Napa Wetlands, the Napa River, and Oat Hill.
Wetlands Edge Road provides unobstructed views of the wetlands and Napa River to the west.
Future mobility improvements facilitated by the project, including improvements to roadways, and bicycle and pedestrian facilities, would not substantially obstruct views of a scenic vista. Mobility improvements such as installation of a roundabout, repaving of roads, or other improvements to bicycle lanes or pedestrian intersections are not large-scale developments which have the potential to substantially obstruct views of important visual resources in the City. In addition, mobility improvements could offer new opportunities for the public to view scenic areas. Accordingly, mobility improvements facilitated by the project would not have a substantial adverse effect on a scenic vista.
In addition, the 2040 General Plan Update would implement the following proposed policies to minimize impacts to scenic vistas:
Policy ENV-9.3: Identify Scenic Vistas. Identify notable viewsheds and public views from which scenic vistas can be observed.
Policy ENV-9.4: Visual Design. Require massing, height, and orientation of new development where allowable by the zoning standards adjacent to viewsheds and public views be evaluated and be sited and designed to minimize additional obstructions of public views to and along scenic areas.
Implementation of the proposed policies ENV-9.3 and ENV-9.4 would require the City’s Community Development Department to create and periodically update an inventory of scenic resources important to the City; identify and map valuable scenic views; and update the City’s development and design standards to protect scenic resources and viewsheds by requiring massing, height, and orientation of new development adjacent to viewsheds and public views be designed to minimize additional obstructions of public views and along scenic areas. Future development would be required to comply with the City’s updated development and design standards created in accordance with proposed policies ENV-9.3 and ENV-9.4. As a result, project-specific development would be designed to minimize obstruction to scenic vistas. Therefore, the project would not have a substantial adverse effect on a scenic vista. This impact would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation. 286
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Threshold 2: Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Impact AES-2 THE CITY OF AMERICAN CANYON DOES NOT HAVE A DESIGNATED STATE SCENIC HIGHWAY AND THE PROJECT WOULD NOT DAMAGE SCENIC RESOURCES WITHIN A STATE SCENIC HIGHWAY. NO IMPACT WOULD OCCUR.
There are no designated state scenic highways within or directly adjacent to the Planning Area (Caltrans 2018). Because there are no state scenic highways in the Planning Area, there would be no impacts related to scenic resources within a state scenic highway.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
There would be no impact.
Threshold 3: Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Impact AES-3 THE PROJECT WOULD IMPLEMENT POLICIES THAT WOULD REQUIRE DEVELOPMENT OF OBJECTIVE DESIGN STANDARDS FOR FUTURE DEVELOPMENT. THE PROJECT WOULD NOT CONFLICT WITH
APPLICABLE ZONING AND OTHER REGULATIONS GOVERNING SCENIC QUALITY AND THIS IMPACT WOULD BE LESS THAN SIGNIFICANT.
CEQA Guidelines Section 21071 defines an urbanized area as an incorporated city that meets either of the following criteria:
Has a population of at least 100,000 persons; or
Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
The City does not meet the first criteria but does meet the second criteria (California Department of Finance 2022)1
. Therefore, this analysis considers whether the project conflicts with applicable zoning and other regulations governing scenic quality. The 2040 General Plan Update would implement the following proposed policies, which would minimize impacts on scenic quality from future development:
Policy LU-2.3: Objective Design Standards. Establish objective design standards that convey a high level of quality and character in new residential development. 1 The City of American Canyon has a population of approximately 21,758 persons. The City of Vallejo is an incorporated city which is contiguous to the City of American Canyon and has a population of approximately 121,558 persons. The combined population of both cities exceeds 100,000 persons.
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Policy LU-2.4: Nonresidential Structures in Residential Neighborhoods. Require nonresidential structures in new development (e.g., recreation facilities, community meeting rooms and auditoriums, neighborhood commercial, services, and religious facilities) be designed to be compatible with and convey the visual and physical scale and character of residential structures. Policy LU-3.2: Unique Viewsheds. Accommodate commercial uses on Oat Hill that capitalize on the unique views of the Napa River, San Francisco Bay, and Napa Valley, site topography, and other natural characteristics.
Policy LU-5.2: Industrial Development Unified Character. Require new industrial development be designed to convey a unified character by inclusion of pedestrian walkways, arcades, an/or other visual elements to interconnect individual buildings; differentiation of building facades by materials, color, architectural details, and modulation of building volumes; use of consistent and well-designed public and informational signage; and installation of elements that define the key entries to the industrial district.
Policy LU-8.2: Objective Design and Development Standards. Require new development to comply with the City’s objective design and development standards to maintain long term, high-quality development.
Policy ENV-9.4: Visual Design. Require massing, height, and orientation of new development where allowable by the zoning standards adjacent to viewsheds and public views be evaluated and be sited and designed to minimize additional obstructions of public views to and along scenic areas.
Proposed policy LU-2.3 and policy LU-8.2 would require all new development to comply with objective design standards prepared by the City’s Community Development Department. Proposed policy LU-2.4 would require nonresidential structures be designed to be visually compatible with the surrounding character of residential structures. Proposed policy LU-3.2 would require commercial development to be sited and designed to emphasize the visual characteristics of its setting.
Proposed policy LU-5.2 would require industrial development to be designed to convey a unified character with surrounding development through implementation of visual elements to interconnect individual buildings. Furthermore, proposed policy ENV-9.4 would require massing, height, and orientation of new development adjacent to viewsheds and public views be evaluated and be sited and designed to minimize additional obstructions of public views to and along scenic areas.
All future development facilitated by the project would be required to adhere to the proposed policies within the 2040 General Plan Update and the City’s objective design standards, which would be developed as required by the 2040 General Plan Update. As such, future development facilitated by the project would not conflict with applicable zoning or other regulations governing scenic quality. Therefore, this impact would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation. 288
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Threshold 4: Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? Impact AES-4 CONSTRUCTION AND OPERATION OF FUTURE DEVELOPMENT FACILITATED BY THE
PROJECT COULD CREATE NEW SOURCES OF LIGHT OR GLARE THAT COULD ADVERSELY AFFECT THE VISUAL ENVIRONMENT. IMPACTS WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION.
The City of American Canyon is a built out city with existing sources of light and glare. Future development facilitated by the project would introduce new sources of light or glare to American Canyon. New sources of light (security lighting, parking lot lighting, ornamental lighting, pedestrian scale lights, lighting from ground floor storefronts, and signs) would increase overall lighting levels in areas where increased development would occur.
Construction of future development would largely be limited to between 7:00a.m. and 7:00p.m., consistent with the City’s Noise Ordinance, codified as Chapter 8.12 in the American Canyon Municipal Code. However, temporary construction lighting may be necessary for specific developments during the early morning or evening hours for safety and security reasons, and could be approved by the City upon applicant request. The introduction of temporary construction lighting could potentially result in new sources of substantial light or glare that could adversely affect nighttime views. This lighting could be bright, which would be a potentially significant impact.
Implementation of Mitigation Measure AES-1 would require construction lighting to be minimized and downward-facing.
The City is characterized by existing residential, commercial, and other land uses that already generate high ambient levels of lighting. Nonetheless, a potentially significant lighting impact could occur if lighting on future development is not properly installed to minimize light spillage. Future development facilitated by the project would adhere to the CALGreen Code Section 5.106.8 which stipulates new lighting must conform to standards that keep light generated on-site from leaving the site through the use of reflectors, shields, screen walls, and any other method which complies with the CALGreen Code’s intent to limit light pollution. Furthermore, future development facilitated by the project would adhere to existing American Canyon Municipal Code standards.
Section 19.14.040 prohibits bright or flashing lights to be visible off-site in industrial zones. Section
19.11.060 requires parking illumination in commercial districts, including security lighting, to be arranged to reflect from adjoining properties and rights-of-way. Furthermore, the 2040 General Plan includes the following policies that would minimize lighting impacts:
Policy LU-3.3: Unwanted Glare. Prevent glare with commercial lighting designed to illuminate within the property line in accordance with safety standards. Policy LU-5.4: Industrial Operations. Require, where industrial uses are located adjacent to residential neighborhoods, that their operations be controlled to prevent adverse impacts on adjacent property (e.g., noise, light and glare, and odors) and appropriate measures implemented to buffer these uses (e.g., setbacks, landscaping, and earthen berms).
Furthermore, implementation of Mitigation Measure AES-2 would require the submittal of a photometric plan for future development to ensure that all exterior light fixtures are directed downward or employ full cut-off fixtures to minimize light spillage. Implementation of this mitigation, as well as the requirements in the Municipal Code and policies in the 2040 General Plan would minimize potentially significant light and glare impacts. 289
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Mitigation Measures
AES-1 Construction Lighting Plan
Prior to nighttime construction, if needed for a particular project, project applicants shall submit a construction lighting plan to the City for review and approval. The construction lighting plan shall ensure that the minimum amount of lighting is used to meet safety requirements and ensure no spillover occurs to nearby sensitive uses. All lighting shall be directed downward and away from surrounding land uses.
AES-2 Operational Lighting Plan
Prior to discretionary project approval, the project applicant shall prepare and submit a photometric plan to the City for review and approval which demonstrates that all exterior light fixtures will be directed downward or employ full cut-off fixtures to prevent light spillage. The approved plan shall be incorporated into project design plans.
Significance After Mitigation
Implementation of Mitigation Measure AES-1 would require a construction lighting plan for projects that would require nighttime construction and Mitigation Measure AES-2 would require the preparation of a photometric plan. Implementation of Mitigation Measures AES-1 and AES-2 would ensure that lighting and glare is minimized during construction and operation of future development. With implementation of Mitigation Measures AES-1 and AES-2, impacts would be less than significant.
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4.2 Air Quality
This section analyzes the potential effects on air quality related to implementation of the project, including impacts due to construction, operations, and impacts to nearby sensitive receptors.
4.2.1 Setting
a. Climate and Topography
Air quality is affected by the rate and location of pollutant emissions and by climatic conditions that influence the movement and dispersion of pollutants. Atmospheric conditions, such as wind speed, wind direction, and air temperature gradients, along with local and regional topography, influence the relationship between air pollutant emissions and air quality.
The Planning Area is in the San Francisco Bay Area Air Basin (SFBAAB), which is comprised of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, southwestern Solano, and southern Sonoma Counties. SFBAAB covers approximately 5,540 square miles of complex terrain, consisting of coastal mountain ranges, inland valleys, and the San Francisco Bay. The SFBAAB is generally bounded on the west by the Pacific Ocean, on the north by the Coast Ranges, and on the east and south by the Diablo Range.
The climate within the SFBAAB is dominated by a strong, semi-permanent, subtropical high-pressure cell over the northeastern Pacific Ocean. Climate is also affected by the adjacent oceanic heat reservoir’s moderating effects. Mild summers and winters, moderate rainfall and humidity, and daytime onshore breezes characterize regional climatic conditions in the San Francisco Bay Area (Bay Area). In summer, when the high-pressure cell is strongest and farthest north, fog forms in the morning and temperatures are mild. In winter, when the high-pressure cell is weakest and farthest south, occasional rainstorms occur.
Winter daytime temperatures in the SFBAAB typically average in the mid-50s, with nighttime temperatures averaging in the low 40s. Summer daytime temperatures typically average in the 70s, with nighttime temperatures averaging in the 50s. Precipitation varies in the region, but in general, annual rainfall is lowest in the coastal plain and inland valley, higher in the foothills, and highest in the mountains.
b. Air Pollutants of Primary Concern
Criteria air pollutants are defined as those pollutants for which the federal and state governments have established air quality standards for outdoor or ambient concentrations to protect public health with a determined margin of safety. Ozone (O3) is generally considered to be regional pollutants because they or their precursors affect air quality on a regional scale. Pollutants such as carbon monoxide (CO), nitrogen dioxide (NO2), and sulfur dioxide (SO2) are considered local pollutants because they tend to accumulate in the air locally. Coarse particulate matter (PM10) and fine particulate matter (PM2.5) are considered both regional and local pollutants. 291
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Ozone
O3 is a highly oxidative unstable gas, produced by a photochemical reaction (triggered by sunlight) between NOX and reactive organic gas (ROG)/volatile organic compounds (VOC).1 ROG are composed of non-methane hydrocarbons (with some specific exclusions), and NOX is composed of different chemical combinations of nitrogen and oxygen, mainly nitric oxide and NO2. NOX is formed during the combustion of fuels, while ROG are formed during combustion and evaporation of organic solvents. As a highly reactive molecule, O3 readily combines with many different components of the atmosphere. Consequently, high levels of O3 tend to exist only while high ROG and NOX levels are present to sustain the O3 formation process. Once the precursors have been depleted, O3 levels rapidly decline. Because these reactions occur on a regional rather than local scale, O3 is considered a regional pollutant. Groups most sensitive to O3 include children, the elderly, people with respiratory disorders, and people who exercise strenuously outdoors (United States Environmental Protection Agency [USEPA] 2022a). Depending on the level of exposure, O3 can result in the following:
Cause coughing and sore or scratchy throat;
Make it more difficult to breathe deeply and vigorously and cause pain when taking a deep breath;
Inflame and damage the airways;
Make the lungs more susceptible to infection;
Aggravate lung diseases such as asthma, emphysema, and chronic bronchitis; and/or Increase the frequency of asthma attacks.
Carbon Monoxide
CO is a localized pollutant that is found in high concentrations only near its source. The major source of CO, a colorless, odorless, poisonous gas, is the incomplete combustion of petroleum fuels by automobile traffic. Therefore, elevated concentrations are usually only found near areas of high traffic volumes. Other sources of CO include the incomplete combustion of petroleum fuels at power plants and fuel combustion from wood stoves and fireplaces during the winter. When CO levels are elevated outdoors, they can be of particular concern for people with some types of heart disease. People with heart disease have restricted blood flow which results in a lack of oxygen to the heart muscle. These people are especially vulnerable to the effects of CO when exercising or under increased stress, when the heart needs more oxygen than usual. In these situations, short-term exposure to elevated CO may result in reduced oxygen to the heart accompanied by chest pain also known as angina (USEPA 2022b).
Nitrogen Dioxide
NO2 is a by-product of fuel combustion; the primary sources are motor vehicles and industrial boilers and furnaces. The principal form of NOx produced by combustion is nitric oxide, but nitric oxide reacts rapidly to form NO2, creating the mixture of nitric oxide and NO2, commonly called NOx.
NO2 is a reactive, oxidizing gas and an acute irritant capable of damaging cell linings in the respiratory tract. Such exposures over short periods can aggravate respiratory diseases, particularly 1 The California Air Resources Board defines VOC and ROG similarly as, “any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate,” with the exception that VOC are compounds that participate in atmospheric photochemical reactions. For the purposes of this analysis, ROG and VOC are considered comparable in terms of mass emissions, and the term ROG is used in this environmental impact report. 292
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asthma, leading to respiratory symptoms (such as coughing, wheezing, or difficulty breathing), and increase hospital admissions and visits to emergency rooms. Longer exposures to elevated concentrations of NO2 may contribute to the development of asthma and potentially increase susceptibility to respiratory infections. People with asthma, as well as children and the elderly are generally at greater risk for the health effects of NO2 (USEPA 2022c). NO2 absorbs blue light and causes a reddish-brown cast to the atmosphere and reduced visibility. It can also contribute to the formation of O3/smog and acid rain.
Sulfur Dioxide
SO2 is included in a group of highly reactive gases known as “oxides of sulfur.” The largest sources of SO2 emissions are from fossil fuel combustion at power plants (73 percent) and other industrial facilities (20 percent). Smaller sources of SO2 emissions include industrial processes such as extracting metal from ore and burning fuels with a high sulfur content by locomotives, large ships, and off-road equipment. Short-term exposures to SO2 can harm the human respiratory system and make breathing difficult. People with asthma, particularly children, are sensitive to these effects of SO2 (USEPA 2022d).
Particulate Matter
Suspended atmospheric PM10 and PM2.5 is comprised of finely divided solids and liquids such as dust, soot, aerosols, fumes, and mists. Both PM10 and PM2.5 are directly emitted into the atmosphere as by-products of fuel combustion and wind erosion of soil and unpaved roads.
Particulate matter is also created in the atmosphere through chemical reactions. The characteristics, sources, and potential health effects associated with PM10 and PM2.5 can be very different. PM10 is generally associated with dust mobilized by wind and vehicles while PM2.5 is generally associated with combustion processes as well as formation in the atmosphere as a secondary pollutant through chemical reactions. PM10 can cause increased respiratory disease, lung damage, cancer, premature death, reduced visibility, surface soiling. For PM2.5, short-term exposures (up to 24-hours duration) have been associated with respiratory issues such as acute bronchitis and asthma attacks. In addition, PM2.5 can cause premature mortality, increased hospital admissions for heart or lung issues, and restricted activity days. These adverse health effects have been reported primarily in infants, children, and older adults with preexisting heart or lung diseases (California Air Resources Board [CARB] 2022a).
Toxic Air Contaminants
Toxic air contaminants (TACs) are a diverse group of air pollutants that may cause or contribute to an increase in deaths or serious illness, or that may pose a present or potential hazard to human health. TACs include both organic and inorganic chemical substances that may be emitted from a variety of common sources, including gasoline stations, motor vehicles, dry cleaners, industrial operations, painting operations, and research and teaching facilities. One of the main sources of TACs in California is diesel engine exhaust that contains solid material known as diesel particulate matter (DPM). More than 90 percent of DPM is less than one micron in diameter (about 1/70th the diameter of a human hair) and thus is a subset of PM2.5. Because of their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lungs (CARB 2022b).
TACs are different than criteria pollutants because ambient air quality standards have not been established for TACs. TACs occurring at extremely low levels may still cause health effects and it is 293
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typically difficult to identify levels of exposure that do not produce adverse health effects. TAC impacts are described by carcinogenic risk and by chronic (i.e., long duration) and acute (i.e., severe but of short duration) adverse effects on human health.
TACs include both organic and inorganic chemical substances. While DPM is a main source, TACs may be emitted from a variety of common sources, including gasoline stations, motor vehicles, dry cleaners, industrial operations, painting operations, and research and teaching facilities. People exposed to toxic air pollutants at sufficient concentrations and durations may have an increased chance of developing cancer or experiencing other serious health effects. These health effects can include damage to the immune system, as well as neurological, reproductive (e.g., reduced fertility), developmental, respiratory, and other health problems (USEPA 2020). c. Air Quality Standards and Attainment
The federal and state governments have authority under the federal and state Clean Air Acts (CAA) to regulate emissions of airborne pollutants and have established ambient air quality standards (AAQS) for the protection of public health. An air quality standard is defined as “the maximum amount of a pollutant averaged over a specified period of time that can be present in outdoor air without harming public health” (CARB 2019a). The USEPA is the federal agency designated to administer air quality regulation, while CARB is the state equivalent in California. Federal and state AAQS have been established for six criteria pollutants: O3, CO, NO2, SO2, PM10, PM2.5, and lead. AAQS are designed to protect those segments of the public most susceptible to respiratory distress, such as children under the age of 14, the elderly (over the age of 65), persons engaged in strenuous work or exercise, and people with cardiovascular and chronic respiratory diseases (USEPA 2016). In addition to the federal criteria pollutants, the California Ambient Air Quality Standards (CAAQS) also specify standards for visibility-reducing particles, sulfates, hydrogen sulfide, and vinyl chloride (CARB 2019b). Table 4.2-1 lists the current National Ambient Air Quality Standards (NAAQS) as well as the CAAQS for regulated pollutants.
USEPA and CARB designate air basins or portions of air basins and counties as being in “attainment” or “nonattainment” for each of the criteria pollutants. Areas that do not meet the AAQS standards are classified as nonattainment areas. The NAAQS (other than O3, PM10, PM2.5, and those based on annual averages or arithmetic mean) are not to be exceeded more than once per year. The NAAQS for O3, PM10, and PM2.5 are based on statistical calculations over one- to three-year periods, depending on the pollutant. The CAAQS are not to be exceeded during a three-year period. The attainment status for Napa County is included in Table 4.2-2.
Pursuant to the CAA, USEPA designates areas as attainment, nonattainment, or maintenance for each criteria pollutant based on whether the NAAQS have been achieved. Whether an area meets the state and federal standards is based on air quality monitoring data. Areas that are unclassified have insufficient monitoring data for a specific pollutant to determine attainment or nonattainment status, although unclassified areas are typically treated as attainment for a specific pollutant. Since attainment and nonattainment designation is pollutant-specific, an area may be classified as nonattainment for one pollutant and attainment for another. Similarly, because the state and federal standards differ, an area could be classified as attainment for the federal standards of a pollutant and as nonattainment for the state standards of the same pollutant. The region is designated as a nonattainment area for the federal and state Ozone standards and the State PM10 and PM2.5 standards. The region is designated unclassified or attainment for all other ambient air quality standards (BAAQMD 2017a).
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Table 4.2-1 Federal and State Ambient Air Quality Standards Pollutant Averaging Time NAAQS CAAQS
Ozone 1-Hour – 0.09 ppm
8-Hour 0.070 ppm 0.070 ppm
Carbon Monoxide 8-Hour 9.0 ppm 9.0 ppm
1-Hour 35.0 ppm 20.0 ppm
Nitrogen Dioxide Annual 0.053 ppm 0.030 ppm
1-Hour 0.100 ppm 0.18 ppm
Sulfur Dioxide Annual − −
24-Hour − 0.04 ppm
1-Hour 0.075 ppm 0.25 ppm
PM10 Annual − 20 µg/m3
24-Hour 150 µg/m3 50 µg/m3
PM25 Annual 12 µg/m3 12 µg/m3
24-Hour 35 µg/m3 −
Lead 30-Day Average − 1.5 µg/m3
3-Month Average 0.15 µg/m3 −
NAAQS = National Ambient Air Quality Standards; CAAQS = California Ambient Air Quality Standards; ppm = parts per million; µg/m3 = micrograms per cubic meter
Source: CARB 2016; USEPA 2016
Table 4.2-2 Attainment Status of Criteria Pollutants in Napa County Pollutant State Designation Federal Designation
O3 Nonattainment Nonattainment
PM10 Nonattainment Unclassified
PM2.5 Nonattainment Unclassified/Attainment
CO Attainment Attainment
NO2 Attainment Unclassified/Attainment
SO2 Attainment Attainment
Sources: BAAQMD 2017a
d. Current Ambient Air Quality
The Planning Area is located in Napa County, which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). BAAQMD is responsible for achieving and maintaining the state and federal AAQS within its jurisdiction. BAAQMD operates a network of air quality monitoring stations throughout the SFBAAB. The monitoring stations aim to measure ambient concentrations of pollutants and determine whether ambient air quality meets the state and federal standards. The monitoring station closest to the Planning Area is the Vallejo – 304 Tuolomne Street Station, approximately 4 miles south of the Planning Area. This station measures 8-hour O3, hourly O3, PM2.5, and NOX. The Napa – Valley College air monitoring station (located at Magnolia Drive and Route 221) in Napa is the closest air monitoring station to the Planning Area that measures PM10. This station is approximately 6.5 miles north of the Planning Area. Table 4.2-3 indicates the number of 295
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days each federal and state standard was exceeded at the Vallejo – 304 Tuolomne Street and Napa – Valley College air monitoring stations. As shown in Table 4.2-3, O3 measurements exceeded federal or state O3 standards in all three observation years. PM10 measurements exceeded the State standard in 2020. PM2.5 measurements exceeded federal PM2.5 standards in 2020. No other state or federal standards were exceeded at these air monitoring stations.
Table 4.2-3 Ambient Air Quality Data
Pollutant 2019 2020 2021
8 Hour Ozone (ppm), 8-Hour Average1 0.076 0.077 0.072
Number of Days of state exceedances (>0.070 ppm) 1 1 1
Number of days of federal exceedances (>0.070 ppm) 1 1 1 Ozone (ppm), Worst Hour1 0.092 0.096 0.099
Number of days of state exceedances (>0.09 ppm) 0 1 1
Carbon Monoxide (ppm), Worst-Hour * * *
Number of days of state exceedances (>20.0 ppm) * * *
Nitrogen Dioxide (ppm) - Worst Hour1 0.053 0.048 0.041
Number of days of state exceedances (>0.18 ppm) 0 0 0
Number of days of federal exceedances (>0.10 ppm) 0 0 0 Particulate Matter 10 microns, µg/m3, Worst 24 Hours2 37.5 122.9 22.9 Number of days of state exceedances (>50 µg/m3) 0 12 0
Number of days above federal standard (>150 µg/m3) 0 0 0 Particulate Matter <2.5 microns, µg/m3, Worst 24 Hours1 30.5 152.7 32.0 Number of days above federal standard (>35 µg/m3) 0 12 0 1 Measurements were taken from the Vallejo – 304 Tuolomne Street Station 2 Measurements taken from the Napa – Valley College Station. *Insufficient data available to determine the value.
Bold lettering indicates an exceedance of applicable AAQS.
Source: CARB 2022c
e. Sensitive Receptors
Sensitive receptors are facilities or land uses that include members of the population who are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. According to BAAQMD, sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples include schools, hospitals and residential areas (BAAQMD 2017b). The Planning Area contains residential sensitive receptors throughout the Planning Area. Schools within the city include American Canyon High School, Canyon Oaks Elementary School, Donaldson Way Elementary School, and American Canyon Middle School. 296
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4.2.2 Regulatory Setting
a. Federal
Federal Clean Air Act
The Federal Clean Air Act (CAA) governs air quality in the United States. The CAA is administered by United States Environmental Protection Agency (USEPA) at the federal level, California Air Resources Board (CARB) at the State level, and by the Air Quality Management Districts at the regional and local levels. The CAA of 1970 and the CAA Amendments of 1971 required the USEPA to establish the National Ambient Air Quality Standards (NAAQS), with states retaining the option to adopt more stringent standards or to include other specific pollutants. On April 2, 2007, the Supreme Court found that CO2 is an air pollutant covered by the CAA; however, no NAAQS have been established for CO2.
The USEPA is responsible for enforcing the federal CAA. The USEPA is also responsible for establishing NAAQS. NAAQS are required under the 1977 CAA and subsequent amendments. The USEPA regulates emission sources that are under the exclusive authority of the federal government, such as aircraft, ships, and certain types of locomotives. The agency has jurisdiction over emission sources outside State waters (e.g., beyond the outer continental shelf) and establishes various emission standards, including those for vehicles sold in states other than California. Automobiles sold in California must meet the stricter emission standards established by CARB.
USEPA Emission Standards for New Off-road Equipment
Before 1994, there were no standards to limit the amount of emissions from off-road equipment. In 1994, USEPA established emission standards for hydrocarbons, NOx, CO, and PM to regulate new pieces of off-road equipment. These emission standards came to be known as Tier 1. Since that time, increasingly more stringent Tier 2, Tier 3, and Tier 4 (interim and final) standards were adopted by USEPA, as well as by CARB. Each adopted emission standard was phased in over time.
New engines built in and after 2015 across all horsepower sizes must meet Tier 4 final emission standards. In other words, new manufactured engines cannot exceed the emissions established for Tier 4 final emissions standards.
b. State
California Clean Air Act
The California CAA allows the state to adopt ambient air quality standards and other regulations provided that they are at least as stringent as federal standards. CARB, a part of the California Environmental Protection Agency (CalEPA), is responsible for the coordination and administration of both federal and state air pollution control programs within California, including setting the CAAQS.
CARB also conducts research, compiles emission inventories, develops suggested control measures, and provides oversight of local programs. CARB establishes emissions standards for motor vehicles sold in California, consumer products (such as hairspray, aerosol paints, and barbecue lighter fluid), and various types of commercial equipment. It also sets fuel specifications to further reduce vehicular emissions. CARB also has primary responsibility for the development of California’s State Implementation Plan (SIP), for which it works closely with the federal government and the local air districts.
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California State Implementation Plan
The SIP is a living document that is periodically modified to reflect the latest emissions inventories, plans, and rules and regulations of air basins, as reported by the agencies with jurisdiction over them. The CAA Amendments dictate that states containing areas violating the NAAQS revise their SIPs to include extra control measures to reduce air pollution. The SIP includes strategies and control measures to attain the NAAQS. The USEPA has the responsibility to review all SIPs to determine if they conform to the requirements of the CAA.
State law makes CARB the lead agency for all purposes related to the SIP. Local air districts and other agencies prepare SIP elements and submit them to CARB for review and approval. CARB then forwards SIP revisions to the USEPA for approval and publication in the Federal Register. The BAAQMD 2017 Clean Air Plan is the SIP for the SFBAAB. The 2017 Clean Air Plan accommodates growth by projecting the growth in emissions based on different indicators. For example, population forecasts adopted by the Association of Bay Area Governments (ABAG) are used to forecast population-related emissions. Through the planning process, emissions growth is offset by basinwide controls on stationary, area, and transportation sources of air pollution.
California Low-Emission Vehicle Program
CARB first adopted Low-Emission Vehicle (LEV) program standards in 1990. These first LEV standards ran from 1994 through 2003. LEV II regulations, running from 2004 through 2010, represent continuing progress in emission reductions. As the State’s passenger vehicle fleet continues to grow and more sport utility vehicles and pickup trucks are used as passenger cars rather than work vehicles, the more stringent LEV II standards were adopted to provide reductions necessary for California to meet federally mandated clean air goals outlined in the 1994 SIP. In 2012, CARB adopted the LEV III amendments to California’s LEV regulations. These amendments, also known as the Advanced Clean Car Program, include more stringent emission standards for model years 2017 through 2025 for both criteria pollutants and greenhouse gas (GHG) emissions for new passenger vehicles.
California On-Road Heavy-Duty Vehicle Program
CARB has adopted standards for emissions from various types of new on-road heavy-duty vehicles.
Section 1956.8, Title 13, California Code of Regulations contains California’s emission standards for on-road heavy-duty engines and vehicles, and test procedures. CARB has also adopted programs to reduce emissions from in-use heavy-duty vehicles including the Heavy-Duty Diesel Vehicle Idling Reduction Program, the Heavy-Duty Diesel In-Use Compliance Program, the Public Bus Fleet Rule and Engine Standards, and the School Bus Program and others.
California Airborne Toxics Control Measure for Asbestos CARB has adopted Airborne Toxics Control Measures for sources that emit a particular TAC. If there is a safe threshold for a substance at which there is no toxic effect, the control measure must reduce exposure below that threshold. If there is no safe threshold, the measure must incorporate Best Available Control Technology to minimize emissions. In July 2001, CARB approved an Air Toxic Control Measure for construction, grading, quarrying and surface mining operations to minimize emissions of naturally occurring asbestos. The regulation requires application of best management practices (BMPs) to control fugitive dust in areas known to have naturally occurring asbestos and requires notification to the local air district prior to commencement of ground-disturbing activities. 298
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The measure establishes specific testing, notification and engineering controls prior to grading, quarrying, or surface mining in construction zones where naturally occurring asbestos is located on projects of any size. There are additional notification and engineering controls at work sites larger than one acre in size. These projects require the submittal of a “Dust Mitigation Plan” and approval by the air district prior to the start of a project.
Construction sometimes requires the demolition of existing buildings where construction occurs.
Buildings often include materials containing asbestos. Asbestos is also found in a natural state, known as naturally occurring asbestos. Exposure and disturbance of rock and soil that naturally contain asbestos can result in the release of fibers into the air and consequent exposure to the public. Asbestos most commonly occurs in ultramafic rock that has undergone partial or complete alteration to serpentine rock (serpentinite) and often contains chrysotile asbestos. In addition, another form of asbestos, tremolite, can be found associated with ultramafic rock, particularly near faults. Sources of asbestos emissions include unpaved roads or driveways surfaced with ultramafic rock, construction activities in ultramafic rock deposits, or rock quarrying activities where ultramafic rock is present. The Planning Area is not located in an area likely to contain naturally occurring asbestos (California Department of Conservation 2000).
Verified Diesel Emission Control Strategies
USEPA and CARB tiered off-road emission standards only apply to new engines and off-road equipment can last several years. CARB has developed Verified Diesel Emission Control Strategies (VDECS), which are devices, systems, or strategies used to achieve the highest level of pollution control from existing off-road vehicles, to help reduce emissions from existing engines. VDECS are designed primarily for the reduction of diesel PM emissions and have been verified by CARB. There are three levels of VDECS, the most effective of which is the Level 3 VDECS. Tier 4 engines are not required to install VDECS because they already meet the emissions standards for lower tiered equipment with installed controls.
California Diesel Risk Reduction Plan
CARB Diesel Risk Reduction Plan has led to the adoption of new state regulatory standards for all new on-road, off-road, and stationary diesel-fueled engines and vehicles to reduce DPM emissions by about 90 percent overall from year 2000 levels. The projected emission benefits associated with the full implementation of this plan, including federal measures, are reductions in DPM emissions and associated cancer risks of 75 percent by 2010, and 85 percent by 2020.
Tanner Air Toxics Act and Air Toxics Hot Spots Information and Assessment Act
TACs in California are primarily regulated through the Tanner Air Toxics Act (AB 1807) and the Air Toxics Hot Spots Information and Assessment Act of 1987 (AB 2588), also known as the Hot Spots Act. To date, CARB has identified more than 21 TACs and has adopted the USEPA list of Hazardous Air Pollutants (HAPs) as TACs.
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air pollution. Money collected through the Carl Moyer Program complements California’s regulatory program by providing incentives to effect early or extra emission reductions, especially from emission sources in environmental justice communities and areas disproportionately affected by air pollution.
The program has established guidelines and criteria for the funding of emissions reduction projects.
Within the SFBAAB, the BAAQMD administers the Carl Moyer Program. The program has established guidelines and criteria for the funding of emissions reduction projects. Within SFBAAB, the BAAQMD administers the Carl Moyer Program. The program establishes cost-effectiveness criteria for funding emission reductions projects, which under the final 2017 Carl Moyer Program Guidelines are $30,000 per weighted ton of NOX, ROG, and PM.
c. Regional and Local Regulations
Bay Area Clean Air Plan
The BAAQMD is responsible for assuring that the federal and state ambient air quality standards are attained and maintained in the Bay Area. BAAQMD is also responsible for adopting and enforcing rules and regulations concerning air pollutant sources, issuing permits for stationary sources of air pollutants, inspecting stationary sources of air pollutants, responding to citizen complaints, monitoring ambient air quality and meteorological conditions, awarding grants to reduce motor vehicle emissions, conducting public education campaigns, as well as many other activities.
BAAQMD adopted the Bay Area Clean Air Plan: Spare the Air, Cool the Climate (Bay Area Clean Air Plan) on April 19, 2017 as an update to the 2010 Clean Air Plan. The BAAQMD prepared the 2017 Clean Air Plan in cooperation with the Metropolitan Transportation Commission (MTC) and the ABAG. The goals of the 2017 Clean Air Plan are to reduce regional air pollutants and climate pollutants to improve the health of Bay Area residents for the next decades. The 2017 Clean Air Plan aims to lead the region into a post-carbon economy, continue progress toward attaining all State and federal air quality standards, and eliminate health risk disparities from air pollution exposure in Bay Area communities. The 2017 Clean Air Plan defines an integrated, multi-pollutant control strategy that includes 85 distinct feasible control measures to reduce emissions for four categories:
ground-level ozone and its precursors, ROG and NOX; PM (primarily PM2.5, and precursors to secondary PM2.5); TACs, and greenhouse gas emissions. The control measures are categorized based on the economic sector framework and include stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, and water. To protect public health, the control strategy will decrease population exposure to PM and TACs in communities that are most impacted by air pollution with the goal of eliminating disparities in exposure to air pollution between communities. The control strategy will also protect the climate by reducing greenhouse gas emissions and developing a long-range vision of how the Bay Area could look and function in a year 2050 post-carbon economy.
The focus of control measures includes aggressively targeting the largest source of GHG, ozone pollutants, and PM emissions: transportation. This includes more incentives for electric vehicle infrastructure, off-road electrification projects such as Caltrain and shore power at ports, and reducing emissions from trucks, school buses, marine vessels, locomotives, and off-road equipment.
Additionally, the BAAQMD will continue to work with regional and local governments to reduce Vehicle Miles Traveled (VMT) through the further funding of rideshare, bike and shuttle programs. 300
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BAAQMD Particulate Matter Plan
To fulfill federal air quality planning requirements, BAAQMD adopted a 2010 PM2.5 emissions inventory in 2012. The Bay Area Clean Air Plan also included several measures for reducing PM emissions from stationary sources and wood burning. In 2013, USEPA issued a final rule determining that the Bay Area has attained the 24-hour PM2.5 NAAQS, suspending federal SIP planning requirements for the SFBAAB. Despite this USEPA action, the SFBAAB will continue to be designated as nonattainment for the national 24-hour PM2.5 standard until BAAQMD submits a redesignation request and a maintenance plan to USEPA, and USEPA approves the proposed redesignation.
The SFBAAB is in nonattainment for the federal PM10 and federal PM2.5 standards. USEPA lowered the 24-hour PM2.5 standard from 65 micrograms per cubic meter (µg/m3 ) to 35 µg/m3 in 2006, and
designated the Air Basin as nonattainment for the new PM2.5 standard effective December 14, 2009.
BAAQMD believes that it would be premature to submit a redesignation request and PM2.5 maintenance plan at this time. Therefore, BAAQMD will prepare a “clean data” SIP to address the required elements, including:
An emission inventory for primary PM2.5, as well as precursors to secondary PM formation; and Amendments to the BAAQMD’s New Source Review regulation to address PM2.5.
The SFBAAB will continue to be designated as nonattainment for the 24-hour PM2.5 NAAQS until the Air District elects to submit, and the EPA approves, a redesignation request and maintenance plan.
At this time, BAAQMD does not have an applicable SIP with which the project would be required to comply. However, development facilitated by the project would be subject to the Bay Area Clean Air Plan, in addition to regulations set forth by BAAQMD as discussed in the following section.
BAAQMD Regulations
Regulation 2, Rule 1 (Permits–General Requirements)
The BAAQMD regulates new sources of air pollution and the modification and operation of existing sources through the issuances of authorities to construct and permits to operate. Regulation 2, Rule 1 provides an orderly procedure which the project would be required to comply with to receive authorities to construct or permits to operate from the BAAQMD for new sources of air pollutants, as applicable.
Regulation 2, Rule 5 (New Source Review Permitting)
The BAAQMD regulates backup emergency generators, fire pumps, and other sources of TACs through its New Source Review (Regulation 2, Rule 5) permitting process. Although emergency generators are intended to be used only during periods of power outages, monthly testing of each generator is required. BAAQMD limits testing to no more than 50 hours per year. Each emergency generator installed is assumed to meet a minimum of Tier 2 emission standards (before control measures). As part of the permitting process, the BAAQMD limits the excess cancer risk from any facility to no more than 10 per 1-million-population for any permits that are applied for within a 2‐ year period, and would require any source that would result in an excess cancer risk greater than 1 per 1 million to install Best Available Control Technology for Toxics. 301
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Regulation 6, Rule 1 (Particulate Matter–General Requirements) The BAAQMD regulates PM emissions through Regulation 6 by means of establishing limitations on emission rates, emissions concentrations, and emission visibility and opacity. Regulation 6, Rule 1 provides existing standards for PM emissions that could result during project construction or operation that the project would be required to comply with, as applicable, such as the prohibition of emissions from any source for a period or aggregate periods of more than 3 minutes in any hour which are equal to or greater than 20 percent opacity.
Regulation 6, Rule 6, (Particulate Matter–Prohibition of Trackout) One rule by which the BAAQMD regulates PM includes Regulation 6, Rule 6, which prohibits PM trackout during project construction and operation. Regulation 6, Rule 6 requires the prevention or timely cleanup of trackout of solid materials onto paved public roads outside the boundaries of large bulk material sites, large construction sites, and large disturbed surface sides such as landfills.
Regulation 8, Rule 3 (Architectural Coatings)
This rule governs the manufacture, distribution, and sale of architectural coatings and limits the reactive organic gases content in paints and paint solvents. Although this rule does not directly apply to the project, it does dictate the ROG content of paint available for use during the construction.
Regulation 8, Rule 15 (Emulsified and Liquid Asphalts)
Although this rule does not directly apply to the project, it does dictate the reactive organic gases content of asphalt available for use during construction by regulating the sale and use of asphalt and limiting the ROG content in asphalt.
Regulation 1, Rule 301 (Odorous Emissions)
BAAQMD enforces odor control by helping the public to document a public nuisance. Upon receipt of a complaint, BAAQMD sends an investigator to interview the complainant and to locate the odor source if possible. BAAQMD typically brings a public nuisance court action when there are a substantial number of confirmed odor events within a 24-hour period. An odor source with five or more confirmed complaints per year averaged over 3 years is considered to have a substantial effect on receptors. Several BAAQMD regulations and rules apply to odorous emissions. Regulation 1, Rule 301 is the nuisance provision that states that sources cannot emit air contaminants that cause nuisance to a number of persons. Regulation 7 specifies limits for the discharge of odorous substances where BAAQMD receives complaints from 10 or more complainants within a 90-day period. Regulation 7 also precludes discharge of an odorous substance that causes the ambient air at or beyond the property line to be odorous after dilution with 4 parts of odor-free air, and specifies maximum limits on the emission of certain odorous compounds.
Regulation 9, Rule 8 (Inorganic Gaseous Pollutants–Nitrogen Oxides and Carbon Monoxide from Stationary Internal Combustion Engines)
Under Regulation 9, Rule 8, the BAAQMD regulates the emissions of nitrogen oxides and carbon monoxide from stationary internal combustion engines with an output rated by the manufacturer at more than 50 brake horsepower. As such, any proposed stationary source equipment (e.g., backup generators, fire pumps) which would be greater than 50 horsepower would require a BAAQMD permit under Regulation 9, Rule 8 to operate.
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Regulation 11, Rule 2 (Hazardous Pollutants–Asbestos Demolition, Renovation, and Manufacturing)
Under Regulation 11, Rule 2, the BAAQMD regulates emissions of asbestos to the atmosphere during demolition, renovation, milling, and manufacturing and establishes appropriate waste disposal procedures. Any of these activities which pose the potential to generate emissions of airborne asbestos are required to comply with the appropriate provisions of this regulation.
Plan Bay Area
On October 2021, the Metropolitan Transportation Commission (MTC) approved Plan Bay Area 2050. Plan Bay Area includes integrated land use and transportation strategies for the region and was developed through OneBayArea, a joint initiative between ABAG, BAAQMD, MTC, and the San Francisco Bay Conservation and Development Commission. Plan Bay Area is also considered the ABAG/MTC Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). In accordance with SB 743, Plan Bay Area included elements designed to encourage the type of landuse development to meet three primary objectives. First, Roadway Level of Service (LOS) could not be considered an environmental impact under the California Environmental Quality Act (CEQA).
Second, it introduced changes to VMT per capita as a determinant of environmental impact. Third, the use of VMT as an environmental impact in CEQA is considered a mechanism for achieving State and regional GHG reduction goals. As a regional land use plan, Plan Bay Area aims to reduce percapita GHG emissions through the promotion of more compact, mixed-use residential and commercial neighborhoods located near transit (ABAG; MTC 2021).
Industrial Commerce Centers Sustainability Standards Ordinance 2024-03 The American Canyon Industrial Greenhouse Gas (GHG) Standards Ordinance applies to warehousing, logistics and distribution facilities in the City for which a Notice of Preparation is issued after March 1, 2024 under CEQA.The Ordinance requires zero or low emissions standards to various aspects of industrial commerce center(s), including zero-emission equipment, rooftop solar panels, and environmental compliance measures aimed at mitigating air quality degradation.
The Ordinance establishes the following standards to all warehousing, logistics, and distribution facilities in the City where a Notice of Preparation is issued after March 1, 2024, under the California Environmental Quality Act (CEQA). It defines such facilities as those used for storing and consolidating manufactured goods, typically larger than 200,000 square feet with specific characteristics such as dock high loading doors and truck activities.
The following standards are applicable under the proposed Ordinance:
Zero Emission Operational Equipment: All on-site motorized operational equipment (forklifts, yard trucks, pallet jacks, etc.) must be zero-emission. This includes using electrical hookups instead of diesel-fueled generators for construction tools.
Zero Emission Cargo Handling Equipment: All outdoor cargo handling equipment must be zeroemission vehicles. Necessary charging stations or infrastructure for these vehicles must be included in each building.
Rooftop Solar Panels: Before issuing a business license, the City will ensure that rooftop solar panels are installed to supply 100% of the power needed for non-refrigerated parts of the facility, including parking areas.
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Refrigerated Space Requirements: Facilities not committing to non-refrigerated use must install conduits during construction for potential refrigerated spaces. Electric plug-in units for refrigeration units must be installed at relevant dock doors.
Zero Emission Construction Equipment: All generators and diesel-fueled off-road construction equipment over 75 horsepower must be zero-emissions or have CARB Tier IV-compliant engines. Exemptions are possible if such equipment is not reasonably available.
Electric Vehicle Charging Stations: Install infrastructure for Level 2 (or faster) EV charging stations for a percentage of employee parking spaces, increasing to 25% by 2030.
Air Filtration Systems: Install HVAC and/or HEPA air filtration systems in all warehouse facilities.
4.2.3 Impact Analysis
a. Significance Thresholds and Methodology
Significance Thresholds
Based on Appendix G of the CEQA Guidelines a project may be deemed to have a significant impact on air quality if it would:
Conflict with or obstruct implementation of the applicable air quality plan; Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard; Expose sensitive receptors to substantial pollutant concentrations; or Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
This analysis uses the BAAQMD 2017 CEQA Air Quality Guidelines to evaluate air quality.
Construction Criteria Pollutant and TAC Emissions
Construction-related emissions are limited in duration but may still cause adverse air quality impacts. Construction would generate emissions from three primary sources: the operation of construction vehicles (e.g., scrapers, loaders, dump trucks, etc.); ground disturbance during site preparation and grading, which creates fugitive dust; and the application of asphalt, paint, or other oil-based substances.
At this time, the pace, location, and duration associated with construction are not sufficiently detailed to quantify a specific emission impact, and thus it would be speculative to do so. Rather, construction criteria pollutant and TAC emissions impacts for the project are discussed qualitatively, pursuant to the BAAQMD 2017 CEQA Air Quality Guidelines.
Operation Criteria Pollutant and TAC Emissions
Based on plan-level guidance from the BAAQMD 2017 CEQA Air Quality Guidelines, long-term operational criteria pollutant and TAC emissions associated with implementation of the project are discussed qualitatively by comparing the project to the 2017 Clean Air Plan goals, policies, and control measures. In addition, comparing the rate of increase of plan VMT and population is recommended by BAAQMD for determining significance of criteria pollutants. If the project does not meet either criterion, then impacts would be potentially significant. 304
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Odors
The impact analysis qualitatively evaluates the types of land uses facilitated by the project to evaluate whether major sources of anticipated odors would be present and, if so, whether those sources would likely generate objectionable odors. According to the BAAQMD 2017 CEQA Air Quality Guidelines, the project-level threshold for odor sources is if they result in five confirmed complaints per year averaged over three years within the screening distance for land uses shown in Table 3-3 of the guidelines (BAAQMD 2017b). The plan-level threshold states to identify the location and include policies to reduce the impacts of existing or planned sources of odors. None of the land uses identified as odor sources in the 2017 guidelines are planned as part of the project. The significance thresholds for odor impacts are qualitative in nature. Specifically, an odor-generating source with five or more confirmed complaints in the new source area per year averaged over three years is considered to have a significant impact on receptors within the screening distances provided in the guidelines.
Methodology
Consistency with Air Quality Plan
The applicable air quality plan is the BAAQMD 2017 Bay Area Clean Air Plan, which identifies measures to:
Reduce emissions and reduce ambient concentrations of air pollutants; and Safeguard public health by reducing exposure to the air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily affected by air pollution.
The project would be consistent with the Bay Area Clean Air Plan if it would support the Clean Air Plan goals, include applicable control measures, and not disrupt or hinder implementation of Clean Air Plan. Consistency with the Clean Air Plan is the basis for determining whether the project would conflict with or obstruct implementation of an applicable air quality plan.
Construction Criteria Pollutant and TAC Emissions Thresholds BAAQMD’s 2017 CEQA Air Quality Guidelines have no plan-level significance thresholds for construction air pollutants emissions. However, they do include the individual project-level thresholds for construction-related and long-term operational emissions of air pollutants. These thresholds represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the SFBAAB‘s existing air quality conditions. Construction emissions associated with implementation of the project are discussed qualitatively to evaluate potential air quality impacts.
For health risks associated with TAC and PM2.5 emissions, the BAAQMD 2017 CEQA Air Quality Guidelines state a project would result in a significant impact if the any of the following thresholds are exceeded:
Non-compliance with Qualified Community Risk Reduction Plan; Increased cancer risk of > 10.0 in a million;
Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or Ambient PM2.5 increase of > 0.3 µg/m3 annual average
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In addition, a project would have a cumulatively considerably impact associated with health risks from TAC and PM2.5 emissions if the aggregate total emissions of all past, present, and foreseeable future sources within a 1,000-foot radius of the fenceline of the source plus the project’s contribution exceed any of the following thresholds:
Non-compliance with Qualified Community Risk Reduction Plan; Increased cancer risk of > 100.0 in a million;
Increased non-cancer risk of > 10.0 Hazard Index (Chronic or Acute); or Ambient PM2.5 increase of > 0.8 µg/m3 annual average
Operational Criteria Pollutant and TAC Emissions Thresholds BAAQMD’s 2017 CEQA Air Quality Guidelines contain specific operational plan-level significance thresholds for criteria air pollutants. Plans must show the following over the planning period:
Consistency with current air quality plan control measures VMT or vehicle trips increase is less than or equal to the plan’s projected population increase If a plan can demonstrate consistency with both of these criteria, then impacts are considered less than significant. The same thresholds listed above for construction health risks from TAC and PM2.5 would apply to operation.
b. Project Impacts and Mitigation Measures
Threshold 1: Would the project conflict with or obstruct implementation of the applicable air quality plan?
Impact AQ-1 THE PROJECT WOULD BE CONSISTENT WITH THE BAAQMD’S 2017 CLEAN AIR PLAN.
IMPACTS WOULD BE LESS THAN SIGNIFICANT.
Under BAAQMD’s methodology, a determination of consistency with CEQA Guidelines thresholds should demonstrate that a project:
Supports the primary goals of the 2017 Clean Air Plan; Includes applicable control measures from the 2017 Clean Air Plan; and Does not disrupt or hinder implementation of any 2017 Clean Air Plan control measures.
The following includes a discussion of consistency with these criteria for the project. The 2017 Clean Air Plan contains 85 control measures aimed at reducing air pollution and protecting the climate in the Bay Area. For consistency with climate planning efforts at the State level, the control strategies in the 2017 Clean Air Plan are based on the same economic sector framework used by CARB, which encompass stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-GHG pollutants (such as methane and hydrofluorocarbons). Table 4.2-4 identifies applicable control measures and discusses project consistency with the 2017 Clean Air Plan.
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Table 4.2-4 Clean Air Plan Control Measures Consistency Analysis Control Measures Consistency
Stationary Sources
SS18: Basin-Wide Combustion Strategy. Stabilize and
then reduce emissions of GHGs, criteria air pollutant and toxic emissions from stationary combustion sources
throughout the Air District by first establishing carbon intensity caps on major GHG sources, and then adopting
new rules to (1) reduce fuel use on a source-type by
source-type basis, and (2) evaluate alternatives to
decarbonize abatement devices.
SS21: New Source Review for Air Toxics. Propose
revisions to Air District Rule 2-5, New Source Review of Toxic Air Contaminants, based on OEHHA’s 2015 Health
Risk Assessment Guidelines and CARB/ CAPCOA’s 2015
Risk Management Guidance. Revise the Air District’s
health risk assessment trigger levels for each toxic air contaminant using the 2015 Guidelines and most recent
health effects values.
Consistent. Stationary sources are regulated directly by BAAQMD, which routinely adopts/revises rules or
regulations to implement the Stationary Source control
measures to reduce stationary source emissions.
Therefore, any new stationary sources associated with
development facilitated by the project would be required to comply with BAAQMD’s regulations.
Transportation
TR2: Trip Reduction Programs. Implement the regional
Commuter Benefits Program (Rule 14-1) that requires
employers with 50 or more Bay Area employees to
provide commuter benefits. Encourage trip reduction
policies and programs in local plans, e.g., general and specific plans, while providing grants to support trip
reduction efforts. Encourage local governments to require mitigation of vehicle travel as part of new development approval, to adopt transit benefits ordinances in order to reduce transit costs to employees, and to develop
innovative ways to encourage rideshare, transit, cycling, and walking for work trips. Fund various employer-based trip reduction programs.
Consistent: The Mobility Element includes proposed
policies that encourage trip reduction programs. The
following proposed goals and policies aim to reduce VMT through implementation of policies such as:
Policy MOB-1.5: Sidewalks. Require sidewalks on all
arterial and collector streets. Where feasible,
separate sidewalks from streets on arterials and
collectors with landscaping including a tree canopy to
create shade.
Policy MOB-1.7: Promote Walking and Bicycling.
Promote walking and bicycling for transportation,
recreation, and improvement of public health.
Policy MOB-1.11: Reduce the Need to Drive.
Implement land use policies designed to create a
pattern of activity that makes it easy to shop, play,
visit friends, and conduct personal business without
driving.
Policy MOB-1.17: Reduce Vehicle Miles Traveled.
Through layout of land uses, improved alternate
travel modes, and provision of more direct routes,
strive to reduce the total vehicle miles traveled by
city and non-residents traveling to American Canyon
to work or shop.
Policy MOB-1.22: Non-motorized Circulation
System. Provide safe and direct pedestrian routes
and bikeways between places.
Policy MOB-6.1: VMT Thresholds. Maintain and
periodically reevaluate established vehicle miles
traveled (VMT) thresholds and Transportation
Demand Management (TDM) mitigation
requirements for the purposes of environmental
review under the California Environmental Quality
Act (CEQA). Continue to maintain LOS standards for
the purposes of planning and designing street
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Control Measures Consistency
improvements on Green Island Road, Devlin Road,
and American Canyon Road.
Policy MOB 5.10 : Transit Supportive Development.
Ensure that new development is designed to make
transit a viable transportation choice for residents,
including neighborhood centers or focal points with
sheltered bus stops; locating medium and highdensity development on or near streets served by transit wherever feasible; and link neighborhoods to
bus stops by continuous sidewalks or pedestrian
paths. (Source: Existing Policy 3.11)
Policy MOB 5.12 : SB 375 Implementation.
Coordinate with other agencies to implement
regional transit solutions as part of the SB 375
Sustainable Communities Strategy. Source: Existing
Policy 3.12)
TR13: Parking Policies. Encourage parking policies and
programs in local plans, e.g., reduce minimum parking
requirements; limit the supply of off-street parking in transit-oriented areas; unbundle the price of parking
spaces; support implementation of demand-based pricing
(such as “SF Park”) in high-traffic areas.
Consistent: Development facilitated by the project would be required to comply with existing City parking standards and standards regarding EV parking in compliance with
the latest CALGreen standards.
Energy
EN1: Decarbonize Electricity Production. Engage with
PG&E, municipal electric utilities and CCEs to maximize the amount of renewable energy contributing to the
production of electricity within the Bay Area as well as electricity imported into the region. Work with local
governments to implement local renewable energy
programs. Engage with stakeholders including dairy farms, forest managers, water treatment facilities, food
processors, public works agencies and waste management
to increase use of biomass in electricity production.
EN2: Decrease Electricity Demand. Work with local
governments to adopt additional energy-efficiency
policies and programs. Support local government energy
efficiency program via best practices, model ordinances, and technical support. Work with partners to develop
messaging to decrease electricity demand during peak
times.
Consistent. Measures EN1 and EN2 are intended to
decrease energy use as a means of reducing adverse air
quality emissions. Development facilitated by the project would comply with 2022 Building Energy Efficiency
Standards (or most recent version of the California
Building Code) requirements that commercial buildings be electric-ready and standards for expanded solar and
battery storage and residential development under three stories include rooftop photovoltaic panels. The Building Energy Efficiency Standards are updated every three years and the project would be subject to the 2022 California Building Standards when they go into effect on January 1, 2023. In addition, 2040 General Plan proposed policies
listed in Section 4.15, Effects Found to be Less than
Significant, under Section 4.15.2, Energy, would
encourage energy efficiency and reduction.
Buildings
BL1: Green Buildings. Collaborate with partners such as KyotoUSA to identify energy-related improvements and
opportunities for on-site renewable energy systems in
school districts; investigate funding strategies to
implement upgrades. Identify barriers to effective local implementation of the CALGreen (Title 24) statewide
building energy code; develop solutions to improve
implementation/enforcement. Work with ABAG’s BayREN
program to make additional funding available for energyrelated projects in the buildings sector. Engage with additional partners to target reducing emissions from
specific types of buildings.
Consistent: Measures BL1 and BL2 focus on working with
local governments to adopt the best GHG emissions
control practices and policies. As discussed above for the Energy and Climate control measures, development
facilitated by the project would comply with 2022 Building Energy Efficiency Standards’ (or most recent version of the California Building Code) requirements that commercial
buildings be electric-ready and standards for expanded
solar and battery storage and residential development
under three stories include rooftop photovoltaic panels.
The Building Energy Efficiency Standards are updated
every three years and the project would be subject to the 2022 California Building Standards when they go into
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Control Measures Consistency
BL2: Decarbonize Buildings. Explore potential Air District rulemaking options regarding the sale of fossil fuel-based space and water heating systems for both residential and commercial use. Explore incentives for property owners to replace their furnace, water heater or natural-gas
powered appliances with zero-carbon alternatives. Update Air District guidance documents to recommend that
commercial and multi-family developments install ground source heat pumps and solar hot water heaters.
effect on January 1, 2023. In addition, 2040 General Plan proposed policies listed in Section 4.15, Effects Found to be Less than Significant, under Section 4.15.2, Energy, would encourage energy efficiency and reduction.
Waste Management Control Measures
WA4: Recycling and Waste Reduction. Develop or identify and promote model ordinances on community-wide zero
waste goals and recycling of construction and demolition materials in commercial and public construction projects Consistent. Measure WA4 include strategies to increase
waste diversion rates through efforts to reduce, reuse, and recycle. Development facilitated by the project would comply with Assembly Bill (AB) 341, which requires
mandatory commercial recycling for businesses that
generate four cubic yards or more of commercial solid
waste per week. For further discussion of waste diversion, please refer to Section 4.13, Utilities and Service Systems.
BAAQMD has identified examples of how a project or plan may disrupt or delay local government implementation of these control measures, such as a project that may preclude an extension of a transit line or bike path, or that propose excessive parking beyond parking requirements.
Development within the project area would not disrupt or delay local government implementation of control measures. Overall, the project would be consistent with the three criteria for evaluating consistency with the 2017 Clean Air Plan. As such, the project would not conflict with or obstruct implementation of the applicable air quality plan, and this impact would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 2: Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Impact AQ-2 THE PROJECT WOULD NOT RESULT IN A CUMULATIVELY CONSIDERABLE NET INCREASE OF CRITERIA POLLUTANTS DURING CONSTRUCTION OR OPERATIONS. IMPACTS WOULD BE LESS THAN SIGNIFICANT.
Construction
Future development and mobility improvements associated with the project would involve constructions activities that result in air pollutant emissions. Specifically, construction activities such as demolition, grading, construction worker travel, delivery and hauling of construction supplies and debris, and fuel combustion by on-site construction equipment would generate pollutant emissions.
These construction activities would create emissions of dust, fumes, equipment exhaust, and other air contaminants, particularly during site preparation and grading. The extent of daily emissions, particularly ROGs and NOX emissions, generated by construction equipment, would depend on the 309
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quantity of equipment used and the hours of operation for each project. The extent of PM2.5 and PM10 emissions would depend upon the following factors: 1) the amount of disturbed soils; 2) the length of disturbance time; 3) whether existing structures are demolished; 4) whether excavation is involved; and 5) whether transporting excavated materials offsite is necessary. Dust emissions can lead to both nuisance and health impacts. According to the 2017 BAAQMD CEQA Air Quality Guidelines, PM2.5 is the greatest pollutant of concern during construction.
The BAAQMD 2017 CEQA Air Quality Guidelines have no plan-level significance thresholds for construction air pollutant emissions that would apply to the project. However, the guidelines include project-level thresholds for construction emissions. If an individual project’s construction emissions fall below the project-level thresholds, the project’s impacts on regional air quality would be individually and cumulatively less than significant. The BAAQMD has also identified feasible fugitive dust control measures for construction activities. These Basic Construction Mitigation Measures are recommended for all projects. In addition, the BAAQMD and CARB have regulations that address the handling of hazardous air pollutants such as lead and asbestos, which could be aerially disbursed during demolition activities. BAAQMD rules and regulations address both the handling and transport of these contaminants. Construction of development facilitated by the project would temporarily increase air pollutant emissions, possibly creating localized areas of unhealthy air pollution concentrations or air quality nuisances, resulting in a potentially significant impact.
However, the following 2040 General Plan proposed policy would reduce fugitive dust emissions from construction activities by requiring future development to implement construction management plans in accordance with BAAQMD standards:
Policy ENV-11.2: Construction Management Plans. Require new development and redevelopment projects to prepare and implement a construction management plan that incorporates Best Available Control Measures and all best management practices in accordance with the Air District standards to reduce criteria pollutants.
Best available control measures and best management practices in accordance with BAAQMD would include the following:
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation. 310
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Post a publicly visible sign with the applicant’s site superintendent telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s number shall also be visible to ensure compliance with applicable regulations.
With adherence to 2040 General Plan proposed Policy ENV-11.2, cumulative construction impacts associated with violating an air quality standard or contributing substantially to an existing or projected air quality violation in terms of criteria air pollutant emissions would be less than significant.
Operation
The greatest source of criteria pollutants in American Canyon is and would continue to be from transportation sources, specifically mobile emissions from roadway traffic. The project emphasizes reducing VMT on area roadways through emphasizing greater mixed use in the area and proximity of residents to jobs. The following 2040 General Plan proposed goals and policies would encourage active transportation modes, such as walking and bicycling, as well as the use of public transit, thereby reducing vehicle trips and associated criteria air pollutants in the Planning Area:
Goal LU-1: Establish American Canyon as a “complete city” with a diversity of distinct land uses that serve the needs of residents, businesses, and visitors. Policy LU-1.4: Compact Development Pattern. Maintain a compact development pattern that fosters a walkable and bikeable urban form.
Goal MOB-1: Provide safe and convenient access throughout the community with a citywide network of complete streets that meet the needs of all users and reduce vehicle miles traveled (VMT).
Policy MOB-1.7: Promote Walking and Bicycling. Promote walking and bicycling for transportation, recreation, and improvement of public health. Policy MOB-1.11: Reduce the Need to Drive. Implement land use policies designed to create a pattern of activity that makes it easy to shop, play, visit friends, and conduct personal business without driving.
Policy MOB-1.12: Neighborhood Context. Support safe, complete, and well-connected neighborhood street, bicycle, and pedestrian access and connections that balance circulation needs with the neighborhood context.
Policy MOB-1.17: Reduce Vehicle Miles Traveled. Through layout of land uses, improved alternate travel modes, and provision of more direct routes, strive to reduce the total vehicle miles traveled by city and non-residents traveling to American Canyon to work or shop. Policy MOB-1.20: Bicycle Plan Funding. Include funding for the City's Bicycle Plan updates and bikeway improvements consistent with the Bicycle Plan in the City's transportation financing program and TIF, recognizing the multi-modal travel needs of the City. Policy MOB-1.22: Non-motorized Circulation System. Provide safe and direct pedestrian routes and bikeways between places.
Policy MOB-1.23: Pedestrian Connections to Employment Destinations. Encourage the development of a network of continuous walkways within new commercial, town center, public, and industrial uses to improve workers' ability to walk safely around, to, and from their 311
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workplaces. Where possible, route pedestrians to grade separated crossings over State Route
29. Policy MOB-1.24: Bicycle Facilities. Bicycle facilities shall be provided to complete a continuous bikeway system, consistent with state standards, as shown on the Bikeway Plan Map. In cases where existing right of way constraints limit development of Class II or Class IV facilities, Class Ill signage and demarcation may be permitted at the discretion of the City Engineer. Deviations from these standards and from the routing shown on the diagram shall be permitted with the approval of the City Engineer.
Policy MOB-1.27: Sustainable Roadway Expansion. Monitor the effects of roadway expansion on air, noise, seismic and archeological resources, and nesting habitat.
Goal MOB-5: Support increased public transit to improve mobility, improve air quality, and support efforts to reduce vehicle miles traveled (VMT). Policy MOB-6.1: VMT Thresholds. Maintain and periodically reevaluate established vehicle miles traveled (VMT) thresholds and Transportation Demand Management (TDM) mitigation requirements for the purposes of environmental review under the California Environmental Quality Act (CEQA). Continue to maintain LOS standards for the purposes of planning and designing street improvements on Green Island Road, Devlin Road, and American Canyon Road. Policy MOB-5.2: Existing Transportation Demand Management Efforts. Continue to support the implementation of existing local and regional efforts to manage traffic demand, such as the Napa Logistics Park trip monitoring program, and employer TDM provisions of the Bay Area Air Quality Management District (BAAAQMD).
Policy MOB-5.3: Support Transit Operation Improvements. Work with NVTA to expand both ACT and VINE fixed route services, improve operations, and support dedicated bus lanes and/or queue-jump lanes on SR 29 to enhance bus operations by reducing travel time for transit vehicles.
Policy MOB-5.7: Future Transit Links. Consider orienting transit system expansion to link with other potential future commuter bus and/or rail services.
According to the BAAQMD 2017 CEQA Air Quality Guidelines, the threshold for criteria air pollutants and precursors requires a comparison of the percent increase in VMT and population. Table 4.2-5 summarizes the net increase in population versus VMT for cumulative plus project buildout conditions based on data provided by GHD (2022).
Table 4.2-5 Comparison of VMT and Population Increase due to the Project Scenario Existing (2024) Cumulative Plus Project Buildout a Net Increase Population (number of residents) 21,758 33,248 11,490
Percentage change 53%
Total Citywide VMT 562,492 568,813 6,321
Percentage change 1%
Note:
a. Cumulative conditions with the project is based on Year 2040 citywide residential and commercial growth, as well as projected regional land use growth
Source: GHD 2022
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The project emphasizes changing land uses to concentrate growth and jobs and services near residences to reduce singular vehicle trips. As shown in Table 4.2-5, the City’s population increase would be proportionately greater than the VMT increase. If a plan’s VMT increase, under the cumulative condition, is less than or equal to the plan’s projected population increase, impacts to operational criteria pollutant emissions would be less than significant. As such, impacts from project operation would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 3: Would the project expose sensitive receptors to substantial pollutant concentrations?
Impact AQ-3 CONSTRUCTION ACTIVITIES FOR PROJECTS LASTING LONGER THAN TWO MONTHS OR LOCATED WITHIN 1,000 FEET OF SENSITIVE RECEPTORS COULD EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL POLLUTANT CONCENTRATIONS. IMPLEMENTATION OF THE PROJECT MAY ALSO EXPOSE SENSITIVE RECEPTORS TO OPERATIONAL SOURCES OF TOXIC AIR CONTAMINANTS. IMPACTS WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION.
Construction
The project would result in Diesel particulate matter (DPM) exhaust emissions from off-road, heavyduty diesel equipment associated with site preparation (e.g., excavation, grading, clearing), building construction, and other construction activities. The potential cancer risk from inhaling DPM, as discussed below, outweighs the potential non-cancer2 health impacts (CARB 2022b).
Generation of DPM from construction typically occurs in a single area for a short period. Future construction would occur over approximately seventeen years (assuming a buildout year of 2040), but use of diesel-powered construction equipment in any one area would likely occur for no more than a few years for an individual project and would cease when construction is completed in that area. It is impossible to quantify risk without identified specific project details and locations.
The dose to which the receptors are exposed is the primary factor used to determine health risk.
Dose is a function of the concentration of a substance or substances in the environment and the extent of exposure that person has with the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher exposure level for the Maximally Exposed Individual. The risks estimated for a Maximally Exposed Individual are higher if a fixed exposure occurs over a longer period. According to the California Office of Environmental Health Hazard Assessment (OEHHA), health risk assessments, which determine the exposure of sensitive receptors to toxic emissions, should be based on a 70-year exposure period; however, such assessments should be limited to the period/duration of activities associated with the development (OEHHA 2015). BAAQMD uses an exposure period of 30 years (BAAQMD 2016). 2 Non-cancer risks include premature death, hospitalizations and emergency department visits for exacerbated chronic heart and lung disease, including asthma, increased respiratory symptoms, and decreased lung function (CARB 2021a). 313
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The maximum PM10 and PM2.5 emissions would occur during demolition, site preparation and grading activities, which would only occur for a portion of the overall estimated timeframe of seventeen years for individual project construction. These activities would typically last for approximately two weeks to two years, depending on the extent of grading and excavation required (e.g., projects with subterranean parking structures or geological constraints require additional grading as compared to those without). PM10 and PM2.5 emissions would decrease for the remaining construction period because construction activities such as building construction and architectural coating would require less intensive construction equipment. While the maximum DPM emissions associated with demolition, site preparation, and grading activities would only occur for a portion of the overall construction period, these activities represent the worst-case condition for the total construction period. This would represent between 0.1 to 7 percent of the total 30-year exposure period for health risk calculation.
Development facilitated by the project would also be required to be consistent with the applicable 2017 Clean Air Plan, BAAQMD regulatory requirements and control strategies, and the CARB In-Use Off-Road Diesel Vehicle Regulation, which are intended to reduce emissions from construction equipment and activities. Additionally, development facilitated by the project would be required to adhere to General Plan proposed Policy ENV-11.2, which requires implementation of BAAQMD best available control measures and best management practices that would reduce construction-related TACs. According to the OEHHA, construction of individual projects lasting longer than two months or placed within 1,000 feet of sensitive receptors could potentially expose nearby sensitive receptors to substantial pollutant concentrations, which could result in potentially significant risk impacts.
There is the potential that development associated with the project could last more than two months or be within 1,000 feet of sensitive receptors. As such, these projects could exceed BAAQMD’s thresholds of an increased cancer risk of greater than 10.0 in a million and an increased non-cancer risk of greater than 1.0 Hazard Index (Chronic or Acute). Therefore, construction impacts from TAC emissions would be potentially significant. However, implementation of Mitigation Measure AQ-1 would require the preparation of a Construction Health Risk Assessment for future projects and would mitigate potential construction-related TACs exposure impacts to a less than significant level.
Operation
The BAAQMD CEQA Guidelines include methodology for jurisdictions to evaluate the potential impacts from placing sensitive receptors in proximity to major air pollutant sources. For assessing community risk and hazards for siting a new receptor, sources within a 1,000-foot radius of a project site are typically considered. Sources are defined as freeways or high-volume roadways with 10,000 vehicles or more per day and permitted sources (BAAQMD 2017b).
Development facilitated by the project could accommodate a net increase of approximately 3,379 additional residential units and approximately 5.7 million square feet of commercial, retail, hotel, industrial, warehouse, and research and development uses. Development facilitated by the 2040 General Plan in accordance with land use and zoning regulations would not site land uses that typically generate TAC, such as industrial land uses near residential land uses. Additionally, if the proposed commercial, retail, warehouse, research and development, and industrial uses site a new stationary TAC source, like an emergency generator, then said stationary source would be required to receive a permit from BAAQMD. The permitting process would ensure that the stationary source does not present a health risk to existing nearby sensitive receptors. 314
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Furthermore, there are several high-volume roadways in American Canyon, including SR 29, American Canyon Road, Flosden Road, and Newell Drive. The 2040 General Plan may facilitate locating sensitive receptors in proximity to high-volume roadways and freeways. To minimize health risks to sensitive receptors located near stationary sources and/or high-volume roadways, the 2040 General Plan includes the following proposed goal and policies that aim to improve air quality and minimize exposure to TAC:
Goal ENV-11: Improve air quality and minimize human exposure to toxic air pollutants. Policy ENV-11.1: Regional Air Quality Efforts. Support and coordinate with BAAQMD and State and Federal planning efforts aimed at reducing air pollution and management of major pollutants affecting American Canyon and the region, including the Clean Air Plan. Policy ENV-11.3: Separate Sensitive Land Uses. Separate sources of air pollution from sensitive land uses, such as residences, schools, day care centers, hospitals, and nursing homes.
In addition, the following proposed policy would ensure that industrial uses would not generate unacceptable levels of air emissions, including TAC.
Policy LU-5.5: Prevent Adverse Impacts. Control, through the permit process, the development of industrial uses that use, store, produce, or transport hazardous materials in threshold planning quantities, generate unacceptable levels of noise or air emissions, or result in other impacts that adversely impact American Canyon.
The primary mobile source of TACs within the plan area is truck idling and use of off-road equipment. New warehousing operations could generate substantial DPM emissions from off-road equipment use and truck idling. In addition, some warehousing and industrial facilities may include use of transport refrigeration units for cold storage. Such potential future uses could generate an increase in DPM that would contribute to cancer and noncancer health risk at nearby sensitive receptors. Without project-specific analysis, health risk impactsfrom nonpermitted sources associated with development of industrial and commercial land uses under the proposed plan would be potentially significant. Mitigation Measure AQ-2 would require project applicants to prepare an operational health risk assessment for the siting of new sensitive receptors within 500 feet of major sources of TAC (high-volume roadways with 10,000 vehicles or more per day).
Mitigation Measure AQ-3 would require applicants for land uses that would generate substantial diesel truck travel to determine the appropriate level of operational health risk assessment require.
With the implementation of Mitigation Measures AQ-2 and AQ-3, the project’s impacts related to TAC emissions would be less than significant.
Mitigation Measures
AQ-1 Conduct Construction Health Risk Assessment
Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall submit to the City a construction health risk assessment (HRA) in accordance with BAAQMD recommendations for any development project that has at least one the following characteristics:
The project is located within 1,000 feet of sensitive receptors. Project construction would last longer than two months. 315
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Project construction would not utilize equipment rated USEPA Tier 4 (for equipment of 50 horsepower or more); construction equipment fitted with Level 3 Diesel Particulate Filters (for all equipment of 50 horsepower or more); or alternative fuel construction equipment.
If the HRA determines that construction will exceed BAAQMD significance thresholds, the HRA shall provide mitigation measures to reduce the impact to less than significant, including but not limited to requiring the use of Tier 4 engines, Level 3 Diesel Particulate Filters, and/or alternative fuel construction equipment.
AQ-2 Reduce Operational Toxic Air Contaminants Near Sensitive Receptors For new sensitive receptors proposed within 500 feet of a major sources of TAC (high-volume roadways with 10,000 vehicles or more per day), the project applicant shall prepare an operational health risk assessment for the City’s review and approval. If TAC exposure at new sensitive receptor sites would exceed BAAQMD health risk thresholds, require the project applicant include mechanical air filtration or other measures to reduce health risk exposure to acceptable levels.
AQ-3 Conduct Operational Health Risk Assessment
Prior to permit approval for industrial, warehousing, or commercial land uses that would generate at least 100 diesel trucks per day or 40 or more trucks with diesel-powered transport refrigeration units per day, the applicant shall submit an operational health risk assessment (HRA) or submit proof that an HRA is not required in accordance with BAAQMD thresholds to the City for review and approval. If required by the City, the operational HRA shall be prepared in accordance with the Office of Environmental Health Hazard Assessment and BAAQMD requirements, and mitigated to an acceptable level. Typical measures to reduce risk impacts may include, but are not limited to:
Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible. Electrifying warehousing docks.
Truck Electric Vehicle (EV) Capable trailer spaces.
Requiring use of newer equipment and/or vehicles.
Restricting off-site truck travel through the creation of truck routes.
The operational HRA shall be provided to the City for review and concurrence prior to project approval.
Significance After Mitigation
Construction and operational related TACs exposure impacts would be less than significant with implementation of Mitigation Measures AQ-1 through AQ-3.
Threshold 4: Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Impact AQ-4 THE PROJECT WOULD NOT CREATE OBJECTIONABLE ODORS THAT COULD ADVERSELY AFFECT A SUBSTANTIAL NUMBER OF PEOPLE. IMPACTS RELATED TO ODORS WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION.
Construction of development and mobility improvements would require the operation of construction equipment and asphalt paving, which could generate oil, diesel fuel, and asphalt odors. 316
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The odors would be limited to the construction period and would be temporary. Therefore, odors emitted from the construction of individual future projects under the project would be less than significant.
As stated in the BAAQMD CEQA Guidelines, land uses typically producing objectionable odors include agricultural uses, wastewater treatment plants, food manufacturing plants, chemical plants, composting, refineries, landfills, and confined animal facilities. Development facilitated by the 2040 General Plan would include commercial, retail, hotel, industrial, warehouse, and research and development uses. Most of these land uses typically do not produce objectionable odors; however, certain commercial and industrial uses would have the potential to generate nuisance odors.
Therefore, individual projects under the 2040 General Plan could generate potentially significant objectionable odors unless analyzed and mitigated. Mitigation Measure AQ-4 would require project applicants to evaluate potential odor impacts and implement odor control measures to the extent feasible. Therefore, 2040 General Plan impacts related to operational odor impacts would be less than significant with mitigation. In addition, other odors from development of the 2040 General Plan include odors associated with vehicle and engine exhaust and idling; however, odors from vehicles are not stationary and are dispersed throughout the roadway network and would result in less than significant impacts.
Mitigation Measures
AQ-4 Reduce Operational Odor Impacts
Prior to discretionary approval by the City, if it is determined by the City that a development project has the potential to emit nuisance odors beyond the property line, the project applicant shall prepare an odor management plan and submit it to the City for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to:
Wastewater treatment plants
Composting, green waste, or recycling facilities
Fiberglass manufacturing facilities
Painting/coating operations
Large-capacity coffee roasters
Food-processing facilities
The odor management plan shall demonstrate compliance with the latest BAAQMD screening distances and guidelines. The odor management plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the documents prepared for the development project and/or incorporated into the project’s site plan.
Significance After Mitigation
Odor impacts would be less than significant with implementation of Mitigation Measure AQ-4 to reduce operational odor impacts.
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4.3 Biological Resources
This section summarizes the biological resources in the Planning Area and analyzes the potential effects on biological resources related to implementation of the project.
4.3.1 Setting
This following information was obtained through a desktop literature review of the United States Fish and Wildlife Service’s (USFWS) National Wetlands Inventory (NWI) and Information for Planning and Consultation (IPaC); the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB); the National Oceanic and Atmospheric Administration’s (NOAA) Protected Resources Application; the Napa County General Plan Environmental Impact Report; and Napa County vegetation mapping.
a. Land Cover
The Planning Area contains substantial urban development. There are, however, areas of relatively undisturbed natural habitats in the Planning Area. Descriptions of the vegetation communities in the Planning Area are listed below, based on vegetation mapping in Napa County (Napa County 2019). Figure 4.3-1 shows the vegetation communities and land covers within the Planning Area.
Grassland
Grassland is a relatively common biotic community within the Planning Area. Three common grassland assemblages exist within Napa County: annual grassland, native grassland, and serpentine (bunchgrass) grassland. Of these assemblages, annual grassland is found within the Planning Area.
Vernal pools are found in some grassland areas (County of Napa 2007).
Oak Woodland
Oak woodland occurs across a broad range of elevations, on gentle and steep slopes. There are 13 vegetation types (alliances or associations) within the oak woodland group. Six of these are dominated by evergreen oak species, six are dominated by deciduous oak species, and one is a mixture of deciduous and evergreen oaks (County of Napa 2007). Within the Planning Area, oak savannahs are protected via the American Canyon Municipal Code, Chapter 19.24.
Riparian Woodland
Within the Planning Area, riparian areas are associated with the American Canyon Creek, Rio Del Mar Creek, North Slough, and No Name Creek. Riparian woodland habitat can provide shade, habitat, and nesting sites for resident birds, migratory birds, and other wildlife such as reptiles. In addition, riparian habitat can serve as rearing habitat for anadromous fish. 319
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Figure 4.3-1 Vegetation Communities in American Canyon
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Wetlands, Streams, and Reservoirs
Wetlands are highly productive habitats for plants and wildlife. Coastal wetlands and riparian wetlands (linear areas adjacent to streams, creeks and drainages) are especially productive for plants, because recurrent flooding in these areas delivers influxes of soil and nutrients. This highly productive biotic community provides shelter and food sources for resident and migratory wildlife.
The structural complexity and existence of native vegetation in these areas enhance the productivity of wetlands for wildlife species, by providing diverse sites for foraging and breeding (Napa County 2007). According to the USFWS NWI, wetlands in and surrounding the Planning Area consist of estuarine and marine habitats, freshwater ponds, freshwater emergent wetlands, and riverine habitats (USFWS 2022a).
Open water habitats, such as streams and reservoirs, are highly diverse in size, type, water chemistry, and hydrologic functions. The Napa River is a prominent aquatic feature in the Planning Area (County of Napa 2007).
Eucalyptus
American Canyon contains eucalyptus groves near the northwestern border of its city limits. The eucalyptus groves are surrounded by industrial development, a school, and public facilities.
Eucalyptus are non-native and invasive in California.
b. Special Status Species
For the purposes of this analysis, special-status species include the following:
Species listed as threatened or endangered under the Federal Endangered Species Act (FESA), including proposed and candidate species.
Species listed as candidate, threatened, or endangered under the California Endangered Species Act (CESA).
Species designated as Fully Protected by the California Fish and Game Code (CFGC), and Species of Special Concern or Watch List by CDFW.
Plant species protected by the Native Plant Protection Act (NPPA) (State Rare). Plant species with California Native Plant Society (CNPS) California Rare Plant Ranks (CRPR) 1A, 1B, 2A and 2B.
Species designated as locally important by the Local Agency and/or otherwise protected through ordinance, local policy, or HCPs/NCCPs.
Queries of the USFWS’s IPaC, CNDDB, and CNPS’s online Inventory of Rare and Endangered Plants of California were conducted to obtain comprehensive information regarding special-status species and sensitive vegetation communities known or with potential to occur in the Planning Area.
Queries of the CNPS inventory and CNDDB database included the Cuttings Wharf U. S. Geological Service (USGS) 7.5-minute topographic quadrangle and surrounding 11 quadrangles (Cordelia, Sonoma, Napa, Mt. George, Fairfield North, Fairfield South, Vine Hill, Benicia, Mare Island, Petaluma Point, and Sears Point). The results of these scientific database queries are provided as Appendix B of this EIR. There are 51 plant species and 44 animal species with potential to occur within the Planning Area which meet at least one of the criteria for a special status species, described above (Appendix B). These include the federally endangered Suisun thistle (Cicuta maculate var. bolanderi), the federally threatened and State species of special concern California red-legged frog 321
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(rana draytonii), the federally threatened green sturgeon – southern DPS (Acipenser medirostris pop. 1), and the federally threatened vernal pool fairy shrimp (Branchinecta lynchi) (Appendix B). c. Nesting Birds
Suitable nesting sites for avian species protected by the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), including shrubs, trees, man-made structures, and the ground surface occur throughout the Planning Area. Some species prefer vegetation for nesting, including ornamental vegetation and some species can be found nesting in man-made structures, such as power poles or the eaves of buildings. Nesting birds may occur during the breeding season (generally February 1 through August 31 but beginning January 1 for some raptor species). d. Sensitive Vegetation Communities and Critical Habitat Various habitats support special status species. The City identifies the following habitats as sensitive, and the American Canyon Municipal Code provides enhanced protection for these habitats and subsequently, species within these habitats:
Riparian corridors
Coastal saltmarsh
Mixed hardwood forest
Oak savannah
Vernal pool
Wetland habitats
The following five sensitive natural communities occur within the 12 quadrangles search range (Appendix B):
Coastal Brackish Marsh
Northern Claypan Vernal Pool
Northern Coastal Salt Marsh
Northern Vernal Pool
Serpentine Bunchgrass
In addition, NOAA identifies critical habitat for green sturgeon – southern DPS (Acipenser medirostris pop. 1) in the waters adjacent to the western border of the Planning Area (NOAA 2022).
UWFWS identifies critical habitat for the California red-legged frog (rana draytonii) and the vernal pool fairy shrimp within the City limits (Branchinecta lynchi) (USFWS 2022a). e. Wildlife Movement Corridors
Wildlife movement corridors, or habitat linkages, are generally defined as connections between habitat patches that allow for physical and genetic exchange between otherwise isolated animal populations. Such linkages may serve a local purpose, such as providing a linkage between foraging and denning areas, or they may be regional in nature. Some habitat linkages may serve as migration corridors, wherein animals periodically move away from an area and then subsequently return.
Others may be important as dispersal corridors for young animals. A group of habitat linkages in an area can form a wildlife corridor network.
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The habitats within the linkages do not necessarily need to be the same or of the same quality as the habitats that are being linked. Rather, the linkage merely needs to contain sufficient cover and forage to allow temporary inhabitation by ground-dwelling species. Typically, habitat linkages are contiguous strips of natural areas, though dense plantings of landscape vegetation can be used by certain disturbance-tolerant species. Depending upon the species using a corridor, specific physical resources (such as rock outcroppings, vernal pools, or oak trees) may need to be located within the habitat link at certain intervals to allow slower-moving species to traverse the link. For highly mobile or aerial species, habitat linkages may be discontinuous patches of suitable resources spaced sufficiently close together to permit travel along a route in a short period of time.
Migration corridors can be bordered on either site by urban land uses, and within the City limits these corridors often include barriers to movement such as developed areas and roads. Substantial habitat connectivity occurs generally to the east and north of the City’s sphere-of-influence (SOI), as well as within the City’s riparian corridors. As defined by CDFW, the eastern portion of American Canyon, including the City’s SOI and urban limit line are within essential habitat connectivity areas.
However, due to the existing level of development, the area is considered less permeable, meaning it is more difficult for animals to migrate in these areas (CDFW 2022).
4.3.2 Regulatory Setting
a. Federal Regulations
Federal Endangered Species Act
The Federal Endangered Species Act of 1973 and subsequent amendments provide for the conservation of endangered and threatened species, and the ecosystems upon which they depend.
FESA is intended to prevent the unlawful “take” of listed fish, wildlife, and plant species. Section 9(a)(1)(B) specifically states take of species listed as threatened or endangered is unlawful. Take is defined as any action that would harass, harm, pursue, hunt, wound, shoot, kill, trap, capture, or collect any threatened or endangered species. Section 10 of the FESA allows the USFWS to issue incidental take permits if take of a listed species may occur during otherwise lawful activities.
Section 10(a)(1)(B) requires a Habitat Conservation Plan for an incidental take permit on non-federal lands. Section 7 of the FESA requires federal agencies to aid in the conservation of listed species, and to ensure that the activities of federal agencies will not jeopardize the continued existence of listed species or adversely modify designated critical habitat. The USFWS and NOAA are responsible for administration of the FESA and have regulatory authority over federally listed species.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds, and prohibits the removal of nests occupied by migratory birds. The USFWS has regulatory authority for the MBTA.
Clean Water Act
The United States Army Corps of Engineers (USACE), under provisions of Section 404 of the Clean Water Act (CWA) and USACE implementing regulations, has jurisdiction over the placement of dredged or fill material into “waters of the United States.” Congress enacted the CWA “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” In practice, the boundaries of certain waters subject to USACE jurisdiction under Section 404 have not been fully 323
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defined. Previous regulations codified in 1986 defined “waters of the United States” as traditional navigable waters, interstate waters, all other waters that could affect interstate or foreign commerce, impoundments of waters of the United States, tributaries, the territorial seas, and adjacent wetlands.
USACE jurisdictional limits are typically identified by the Ordinary High Water Mark (OHWM) or the landward edge of adjacent wetlands, where present. The OHWM is the “line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding area” (33 Code of Federal Regulations 328.3).
The USACE defines wetlands as “those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR 328.3). The USACE’s delineation procedures identify wetlands in the field based on indicators of three wetland parameters: hydrophytic vegetation, hydric soils, and wetland hydrology.
Fish and Wildlife Coordination Act
The USFWS also has responsibility for project review under the Fish and Wildlife Coordination Act.
This statute requires that all federal agencies consult with USFWS, NOAA Fisheries, and the State’s wildlife agency (CDFW) for activities that affect, control, or modify streams and other water bodies.
Under the authority of the Fish and Wildlife Coordination Act, USFWS, NOAA Fisheries, and the CDFW review applications for permits issued under Section 404 and provide comments to the SACE about potential environmental impacts.
b. State Regulations
California Endangered Species Act
The CDFW is responsible for administration of the California Endangered Species Act. For projects that may affect both a State and federal listed species, compliance with the FESA will satisfy the CESA, provided the CDFW determines that the federal incidental take authorization is consistent with the CESA.
Take is defined in the California Fish and Game Code (CFGC) Section 86 as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” The CESA allows for take incidental to otherwise lawful activities under CFGC Section 2081. Project proponents wishing to obtain incidental take permits can do so through a permitting process outlined in California Code of Regulations (CCR) Section 783. Additionally, some sensitive mammals and birds are protected by the state as Fully Protected Mammals or Fully Protected Birds, as described in the CFGC, Sections 4700 and 3511, respectively.
Projects that may result in a take of a California listed species require a take permit under the CESA.
The federal and State acts lend protection to species considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or den locations, communal roosts, and other essential habitat. Unlike the FESA, the CESA prohibits the take of not just listed endangered or threatened species, but also candidate species (species petitioned for listing). 324
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The CESA defines an endangered species as:
…a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease.
A threatened species is defined as:
…a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter. Any animal determined by the commission as rare on or before January 1, 1985 is a threatened species.
Candidate species are defined as:
…a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.
Candidate species may be afforded temporary protection as though they were already listed as threatened or endangered at the discretion of the Fish and Game Commission. Unlike the FESA, CESA does not include listing provisions for invertebrate species. Article 3, Sections 2080 through 2085, of the CESA addresses the taking of threatened or endangered species by stating:
…no person shall import into this State, export out of this State, or take, possess, purchase, or sell within this State, any species, or any part or product thereof, that the commission determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided.
California Fish and Game Code - Nesting Bird Protection According to CFGC Section 3503, it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird [except English sparrows (Passer domesticus) and European starlings (Sturnus vulgaris)]. Sections 3503 and 3513 prohibit the taking of specific birds, their nests, eggs, or any portion thereof during the nesting season. Section 3503.5 specifically protects birds in the orders Falconiformes and Strigiformes (birds-of-prey). Section 3513 overlaps with the federal MBTA, prohibiting the take or possession of any migratory nongame bird.
California Native Plant Protection Act
The California Native Plant Protection Act (NPPA) was enacted in 1977 and allows the California Fish and Wildlife Commission to designate plants as rare or endangered. Currently, 64 species, subspecies, and varieties of plants are protected as rare under the NPPA. The NPPA prohibits take of endangered or rare native plants but includes some exceptions for agricultural and nursery operations; emergencies; and after properly notifying CDFW for vegetation removal from canals, roads, and other sites; changes in land use; and in certain other situations. Effective in 2015, CDFW promulgated regulations (14 CCR 786.9) under the authority of the NPPA, establishing that the CESA permitting procedures (CFG Code Section 2081) would be applied to plants listed under the NPPA as 325
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"Rare." With this change, there is little practical difference between regulations and protocols for plants listed under CESA and those listed under the NPPA.
Clean Water Act Section 401, Porter-Cologne Water Quality Control Act The State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCBs) have jurisdiction over “waters of the State,” which are defined as any surface water or groundwater, including saline waters, within the boundaries of the state (California Water Code sec. 13050(e)). These agencies also have responsibilities for administering Section 401 of the CWA. In addition, where Federal jurisdiction is not asserted (for example, due to a lack of connectivity to a Relatively Permanent Waters [RPW] and Traditional Navigable Waters [TNW]), RWQCB assert jurisdiction over “waters of the State” pursuant to Section 13263 of the Porter-Cologne Water Quality Control Act, which are defined as any surface water or groundwater, including saline waters, within the boundaries of the State. In this event, the SWRCB may issue general Waste Discharge Requirements (WDRs) regarding discharges to “isolated” waters of the State if limiting criteria are not exceeded (Water Quality Order No. 2004-0004-DWQ, Statewide General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by the USACE to be Outside of Federal Jurisdiction) or project-specific WDRs.
The SWRCB and RWQCBs have not established regulations for field determinations of waters of the state except for wetlands. In many cases the RWQCBs interpret the limits of waters of the State to be bounded by the OHWM unless isolated conditions or ephemeral waters are present. However, in the absence of statewide guidance, each RWQCB may interpret jurisdictional boundaries within their region and the SWRCB has encouraged applicants to confirm jurisdictional limits with their RWQCB before submitting applications. As determined by the RWQCB, waters of the State may include riparian areas or other locations outside the OHWM, leading to a larger jurisdictional area over a given water body compared to the USACE.
Procedures for defining wetland waters of the State pursuant to the SWRCB’s State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State went into effect May 28, 2020. The SWRCB defines an area as wetland if, under normal circumstances:
the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and the area’s vegetation is dominated by hydrophytes or the area lacks vegetation.
The SWRCB’s Implementation Guidance for the Wetland Definition and Procedures for Discharges of Dredge and Fill Material to Waters of the State (2020), states that waters of the U.S. and waters of the State should be delineated using the standard USACE delineation procedures, taking into consideration that the methods shall be modified only to allow for the fact that a lack of vegetation does not preclude an area from meeting the definition of a wetland.
California Fish and Game Code Section 1600 et seq.
Pursuant to CFGC Section 1600, CDFW has authority over all perennial, intermittent, and ephemeral rivers, streams, and lakes in the state, and requires any person, state or local governmental agency, or public utility to notify the CDFW before beginning any activity that would “substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material 326
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containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake” that supports fish or wildlife resources.
A stream is defined as a “body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation” (CCR, Title 14 Section 1.72). A Lake or Streambed Alteration Agreement may be required for any project that would result in an adverse impact to a river, stream, or lake. CDFW jurisdiction typically extends to the top of the bank and out to the outer edge of adjacent riparian vegetation if present. However, CDFW can take jurisdiction over a body of flowing water and the landform that conveys it, including water sources and adjoining landscape elements that are byproducts of and affected by interactions with flowing water without regard to size, duration, or the timing of flow.
CDFW Special Animals List
Special-status wildlife species are those species included on the CDFW “Special Animals” list (CDFW 2020). “Special Animal” is a general term that refers to all the taxa the CNDDB is interested in tracking, regardless of their legal or protection status. The CDFW considers the taxa on this list to be those of greatest conservation need. The species on this list generally fall into one or more of the following categories:
Officially listed or proposed for listing under the CESA and/or FESA State or Federal candidate for possible listing
Taxa that meet the criteria for listing, even if not currently included on any list, as described in CEQA Guidelines Section 15380
Taxa considered by the Department to be a Species of Special Concern Taxa that are biologically rare, very restricted in distribution, declining throughout their range, or have a critical vulnerable stage in their life cycle that warrants monitoring Populations in California that may be on the periphery of a taxon’s range but are threatened with extirpation in California
c. Local Regulations
American Canyon Municipal Code
The American Canyon Municipal Code Title 14, Title 18, and Title 19 implement measures designed to protect biological resources. Chapter 14.28 implements requirements designed to reduce substantial adverse effects to water quality in the City. These include the following:
Implementation of erosion control measures.
Implementation construction and operational Best Management Practices (BMPs) to reduce protect water quality.
Prohibition of discharge, modification, deposition, construction, or placement of material into a water course.
Chapter 18.40 sets design standards for development. Specifically, Section 18.40.110 sets the following requirements to protect trees:
Requires existing trees to be preserved unless otherwise approved by City Council as part of site development plans.
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Mandates removed trees shall be replaced on-site unless an exception is approved by City Council.
Chapter 19.24 requires protection, preservation, and enhancement of biological habitats, plants, and wildlife within the City. Specifically, Chapter 19.24 requires the following:
Requires the preparation of a biological assessment report for developments which have the potential to substantially adversely affect biological resources. Limits permitted uses in riparian corridors to development including underground utilities, flood control, fish and wildlife management, water supply projects, education and research, nonmotorized recreation, trails, bridges, and resource consumptive uses as provided in the California Fish and Game Code and Title 14 of the California Administrative Code. Prohibits development and grading that alters the biological integrity of a riparian corridor unless no feasible alternative exists, and damaged habitat is replaced with habitat of equal value.
Requires development permitted in riparian corridors to minimize the removal of vegetation, erosion, sedimentation, and runoff; provide for sufficient passage of native and anadromous fish; minimize wastewater discharges and entrapment; prevent groundwater depletion or substantial interference with surface and subsurface flows; minimize the channelization of streams or other water courses, provide wildlife corridors to adjacent open space; buffer habitat areas, and use open space or conservation easements to protect sensitive species and their habitats.
Requires development in wetlands areas and areas of existing or potential vernal pools be designed and sited to preserve these areas in their natural conditions. Requires habitat replacement for any wetland or vernal pool habitat removed. Requires development of areas designated as oak savannah, mixed hardwood forest, and coastal saltmarsh maintain a buffer from the edge of the designated habitat, maintain connectivity to surrounding habitats, and limit public access in areas where damage to habitats may occur.
4.3.3 Impact Analysis
a. Significance Thresholds and Methodology
Significance Thresholds
Based on Appendix G of the CEQA Guidelines a project may be deemed to have a significant impact on biological resources if it would:
Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
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Have a substantial adverse effect on state or federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan Methodology
The assessment of potential impacts to biological resources were informed based on a review of readily available information from the USFWS, CDFW, and the NOAA. As a programmatic document, this EIR presents an assessment of the potential for adoption of the 2040 General Plan to result in significant impacts to biological resources. Because the EIR is a long-term document intended to guide actions for many years into the future, this analysis relies on program-level and quantitative evaluation.
Threshold 1: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Impact BIO-1 THE PROJECT COULD HAVE THE POTENTIAL TO HAVE AN ADVERSE IMPACT ON SPECIAL STATUS SPECIES. IMPLEMENTATION OF FEDERAL, STATE, AND LOCAL REGULATIONS AND POLICIES, AS WELL AS MITIGATION MEASURES BIO-1 AND BIO-2, WOULD ENSURE DEVELOPMENT FACILITATED BY THE PROJECT WOULD NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES.
THIS IMPACT WOULD BE LESS THAN SIGNIFICANT WITH MITIGATION.
As discussed in Section 4.3.1, Setting, there are 51 plant species and 44 animal species with potential to occur within the Planning Area. In addition, the Planning Area contains riparian corridors, coastal saltmarsh, mixed hardwood forest, and oak savannah which could serve as habitat for special status species. Critical habitat is also present within the Planning Area. Potentially significant effects on candidate, sensitive, or special status species would occur if temporary disturbance during construction or permanent development facilitated by the project would result in incremental direct loss of habitat, fragmentation of larger open areas and wildlife corridors, or disturbance of special status wildlife or vegetation species.
As shown in Figure 4.3-1, the City is primarily developed and vegetation communities primarily exist outside of the City’s SOI. The American Canyon Municipal Code requires project-specific development to minimize the potential for impacts to biological resources. Section 19.24.030 of the American Canyon Municipal Code requires a biological assessment report to be prepared by a qualified professional chosen by the City for project-specific development which has the potential to adversely affect biological resources. Section 19.24.040 of the American Canyon Municipal Code prohibits residential, commercial, and industrial use in riparian corridors. Section 19.24.060 of the American Canyon Municipal Code requires development in areas that encompass oak savannah, mixed hardwood forest, and coastal saltmarsh to maintain buffers from these habitats as 329
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recommended by the biological assessment report, maintain connectivity to surrounding habitats, and limit public access in areas where habitat damage may occur. In addition, the 2040 General Plan would include the following proposed policies that would help protect habitats:
Policy ENV-1.2: Sensitive Habitat Assessment and Impact Mitigation. Require new development and redevelopment located within sensitive habitats, including coastal saltmarsh, mixed hardwood forest, oak savannah, vernal pools, and riparian habitats to provide a detailed assessment of the potential for impacts on these resources, and include measures to reduce any identifiable impacts.
Policy ENV-1.3: Habitat Conservation. Support habitat conservation efforts to set aside and preserve suitable habitats, with priority given to habitats for rare and endangered species in American Canyon in accordance with state and federal resource agency requirements.
Compliance with the American Canyon Municipal Code and implementation of proposed policies in the 2040 General Plan would help ensure habitats are identified prior to project-specific siting and habitat areas are protected where applicable. However, the Municipal Code is only applicable to “significant biological habitats” defined as riparian corridors, coastal saltmarsh, mixed hardwood forest, oak savannah, vernal pools and wetlands (as defined by USFWS), and special-status species may occur in other habitats such as grasslands and eucalyptus stands, or less suitable habitats within the planning area. The Municipal Code also does not specify what level of mitigation would be required if impacts are unavoidable within significant biological habitats. Regionally occurring special-status species such as Crotch’s bumblebee (Bombus crotchii, state candidate endangered), monarch butterfly (Danaus Plexippus, federal candidate), burrowing owl (Athene cunicularia, California species of special concern), and western pond turtle (Actinemys marmorata, federally proposed threatened) may occur outside these significant biological habitats and development facilitated by the project could result in indirect impacts. Given the City does not have substantial contiguous, high-quality habitat to support special status species in previously developed and disturbed areas of the City and existing American Canyon Municipal Code requirements designed to limit the disturbance of habitat, including critical habitat, development facilitated by the project would not result in significant direct impacts to special status species due to habitat loss, but may impact special status-species if individuals are present during vegetation removal or construction.
Therefore, impacts to special-status species would be potentially significant.
Construction activities associated with development and mobility improvements facilitated by the project could potentially result in impacts to birds and raptors. Nesting birds and raptors have the potential to nest on buildings, in shrubs and trees, in rocky outcrops, and on bare ground throughout the City. Vegetation, including street trees, in the City can provide refuge cover from predators, perching sites, and favorable nesting habitat. Future development and mobility improvements facilitated by the project must comply with the requirements of the MBTA and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code, which include obtaining prior authorization by the USFWS before the take of a protected migratory bird species occurs, subject to USFWS requirements, and prohibiting the take, possession, or destruction of nests or eggs.
However, existing City regulations do not mandate procedures to ensure compliance with the requirements of the MBTA and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code. Therefore, it is possible development facilitated by the project could result in disturbance to birds or raptors and potentially violate the MBTA and Sections 3503, 3503.5, and/or 3513 of the California Fish and Game Code. Impacts to nesting birds would be potentially significant. 330
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In addition, construction activities associated with development facilitated by the project could result in indirect impacts to bats, such as the pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), and big free-tailed bat (Nyctinomops macrotis). Bats have the potential to roost in buildings and trees, including street trees. If construction or demolition activities associated with development facilitated by the project would alter, demolish, or remove buildings or trees it could result in the disturbance of bat roosts. Therefore, impacts to special-status bats would be potentially significant.
Indirect impacts to special status species which utilize riparian corridors and other aquatic habitat could occur because of future development and mobility improvements facilitated by the project.
The federal Clean Water Act requires compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit for projects disturbing more than one acre during construction. Compliance with the Construction General Permit requires the development of a Stormwater Pollution Prevention Plan (SWPPP) developed by a certified Qualified SWPPP Developer. The SWPPP includes project-specific BMPs to control erosion, sediment release, and otherwise reduce the potential for discharge of pollutants from construction into stormwater.
Typical BMPs include, but are not limited to, installation of silt fences, erosion control blankets, and anti-tracking pads at site exits to prevent off-site transport of soil materials. Chapter 14.28 of the American Canyon Municipal Code requires any construction activities to implement appropriate BMPs to prevent the discharge of sediment. If a project would not be required to submit a SWPPP pursuant to the NPDES Construction General Permit, the City requires implementation of an Erosion and Sediment Control Plan for any project subject to a grading permit. In addition, American Canyon Municipal Code Section 14.28.082 requires implementation of a Stormwater Control Plan (SCP) for all new development and redevelopment projects subject to post-construction stormwater control measure requirements. In addition, the 2040 General Plan would include the following proposed policies that would minimize water quality impacts:
Policy U-4.1: Storm Drainage Maintenance. Maintain existing public storm drains and flood control facilities and construct upgraded and expanded storm drain and flood control facilities, where necessary, to protect existing and accommodate new permitted development. Policy U-4.8: Low Impact Development. Require new developments to install green infrastructure consistent with the best management practices of the State and the San Francisco Bay Regional Water Quality Control Board, including but not limited to pervious pavement, infiltration basins, raingardens, green roofs, rainwater harvesting systems, and other types of low impact development (LID).
Compliance with these regulatory requirements would minimize indirect impacts to special status species that utilize aquatic and riparian habitat. Therefore, the project would result in less than significant indirect impacts to special status species within aquatic or riparian habitat.
Mitigation Measures
BIO-1 Biological Resources Screening and Assessment
For projects proposed within undeveloped parcels, the City shall require project applicants to engage a qualified biologist (having the appropriate education and experience level) to perform a baseline Biological Resources Screening and Assessment to determine whether projects proposed within undeveloped parcels have any potential to impact special-status biological resources, inclusive of special-status plants and animals, sensitive vegetation communities (including vernal 331
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pools and other wetlands), and critical habitat. If it is determined that the project has no potential to impact biological resources, no further action is required. If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a projectspecific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 500 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special-status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, state, and/or federal agencies. If the project would have the potential to impact these resources, the following mitigation measures (mitigation measures BIO-2 through BIO-8) shall be incorporated, as applicable, to reduce impacts to a less than significant level.
Pending the results of the project-specific biological analysis, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, CDFW, and/or other local, state, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.
BIO-2 Special-status Plant Species Surveys
If the project-specific Biological Resources Screening and Assessment (Mitigation Measure BIO-1) determines that there is potential for significant impacts to federally or state-listed plants or regional population level impacts to species with a CRPR of 1B or 2B from project development, a qualified biologist shall complete surveys for special-status plants prior to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature and shall be seasonally timed to coincide with the target species. All plant surveys shall be conducted by a qualified biologist during the blooming season prior to development permit approval. All special-status plant species identified on site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the City, and the CDFW and/or USFWS, as appropriate, for review and/or approval.
BIO-3 Special-status Plant Species Avoidance, Minimization, and Mitigation If federally and/or state-listed or CRPR 1B or 2 species are found during special-status plant surveys (pursuant to Mitigation Measure BIO-2), and would be directly impacted, or there would be a population-level impact to non-listed sensitive species, then the project shall be re-designed to avoid impacting those plant species, where feasible. Rare and listed plant occurrences that are not within the immediate disturbance footprint but are located within 50 feet of disturbance limits shall have bright orange protective fencing installed at least 30 feet beyond their extent, or other distance as approved by a qualified biologist, to protect them from harm.
BIO-4 Habitat Restoration Plan
If federally or state-listed plants or non-listed special-status CRPR 1B and 2 plant populations identified during special status plant surveys (pursuant to Mitigation Measure BIO-2), cannot be avoided, and will be impacted by development, all impacts shall be mitigated by the applicant at a ratio not lower than 1:1 per acre of impact (and 1:1 per tree), and to be determined by the City (in coordination with CDFW and USFWS as and if applicable) for each species as a component of habitat restoration. A qualified biologist shall prepare and submit a restoration plan to the City for review 332
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and approval prior to City approval of project plans. (Note: if a federally and/or state-listed plant species will be impacted, the restoration plan shall be submitted to the USFWS and/or CDFW for review, and federal and/or state take authorization may be required by these agencies.) The restoration plan shall include, at a minimum, the following components:
1. Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type).
2. Goal(s) of the compensatory mitigation project (type[s] and area[s]) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type[s] to be established, restored, enhanced, and/or preserved).
3. Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions, and values).
4. Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan).
5. Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule).
6. Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports).
7. Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type or other industry standards as determined by a qualified restoration specialist.
8. An adaptive management program and remedial measures to address any shortcomings in meeting success criteria.
9. Notification of completion of compensatory mitigation and agency confirmation.
10. Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism).
11. All nursery plants used in restoration shall be inspected for sudden oak death.
BIO-5 Endangered/Threatened Special-status Species Habitat Assessments and Protocol Surveys
If the results of the project-specific biological analysis (Mitigation Measure BIO-1) determine that suitable habitat may be present for federal or state listed, candidate, or proposed species, protocol habitat assessments/surveys shall be completed in accordance with current CDFW and/or USFWS protocols prior to issuance of any construction permits. If, through consultation with the CDFW and/or USFWS, it is determined that protocol habitat assessments/surveys are not required, the applicant shall complete and document this consultation and submit it to the City prior to issuance of any construction permits. Each protocol has different survey and timing requirements. The applicant shall be responsible for ensuring they understand the protocol requirements and shall hire a qualified biologist to conduct protocol surveys. (Note: if a federally and/or state-listed wildlife species will be impacted, federal and/or state take authorization may be required by USFWS and CDFW.)
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BIO-6 Endangered/Threatened Animal Species Avoidance and Minimization The following measures shall be applied to impacted aquatic and/or terrestrial animal species identified by the project-specific Biological Resources Screening and Assessment required under Mitigation Measure BIO-1.
1. Ground disturbance shall be limited to the minimum necessary to complete the project. A qualified biologist shall flag the project limits of disturbance. Areas of special biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance.
2. All projects occurring within/adjacent to aquatic habitats (including riparian habitats and wetlands) shall be completed between April 1 and October 31, if feasible, to avoid impacts to sensitive aquatic species. Any work outside these dates would require project-specific approval from the City and may be subject to regulatory agency approval.
3. All projects occurring within or adjacent to sensitive habitats that may support federally and/or state-listed endangered/threatened species shall have a CDFW- and/or USFWS-approved biologist present during all initial ground disturbing/vegetation clearing activities. Once initial ground disturbing/vegetation clearing activities have been completed, said biologist shall conduct daily pre-activity clearance surveys for endangered/threatened species. Alternatively, and upon approval of the CDFW and/or USFWS, said biologist may conduct site inspections at a minimum of once per week to ensure all prescribed avoidance and minimization measures are fully implemented.
4. No endangered/threatened species shall be captured and relocated without express permission from the CDFW and/or USFWS.
5. If at any time during project construction an endangered/threatened species enters the construction site or otherwise may be impacted by the project, all project activities shall cease.
A CDFW/USFWS-approved biologist shall document the occurrence and consult with the CDFW and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
6. For all work occurring in areas where endangered/threatened species may be present and are at risk of entering the project site during construction, the applicant shall install exclusion fencing along the project boundaries prior to start of construction (including staging and mobilization).
The placement of the fence shall be at the discretion of the CDFW/USFWS-approved biologist.
This fence shall consist of solid silt fencing placed at a minimum of three feet above grade and two feet below grade and shall be attached to wooden stakes placed at intervals of not more than five feet. The applicant shall inspect the fence weekly and following rain events and high wind events and shall be maintained in good working condition until all construction activities are complete.
7. All vehicle maintenance/fueling/staging shall occur not less than 100 feet from any riparian habitat or water body, including seasonal wetland features. Suitable containment procedures shall be implemented to prevent spills. A minimum of one spill kit shall be available at each work location near riparian habitat or water bodies.
8. No equipment shall be permitted to enter wetted portions of any affected drainage channel or wetland.
9. At the end of each workday, excavations shall be secured with a cover or a ramp provided to prevent wildlife entrapment.
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10. All trenches, pipes, culverts, or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.
11. Considering the potential for the project to impact federally and state-listed species and their habitat, the City shall contact CDFW and USFWS to identify mitigation banks within Napa County during project development. If the results of the project-specific biological analysis (Mitigation Measure BIO-1) determine that impacts to federally and state threatened or endangered species habitat are expected, City and/or applicant shall explore species-appropriate mitigation bank(s) servicing the region for purchase of mitigation credits.
12. Prior to grading and construction in natural areas of containing suitable upland habitat, a qualified biologist shall conduct a preconstruction survey as determined necessary during the biological analysis (Mitigation Measure BIO-1) . The survey should include a transect survey over the entire project disturbance footprint (including access and staging areas), and mapping of suitable habitat features, such as burrows, that are potentially suitable for listed species. If any listed species are detected, no work shall be conducted until the individual(s) leaves the site of their own accord, unless federal and/or state “take” authorization has been issued for relocation. Typical preconstruction survey procedures, such as burrow scoping and burrow collapse, cannot be conducted without federal and state permits. If any life stage of listed species are found within the survey area, the City and/or applicant shall consult with the USFWS and CDFW to determine the appropriate course of action to comply with the FESA and CESA, if permits are not already in place at the time of construction.
BIO-7 Pre-Construction Bird Surveys, Avoidance, and Notification For all future development under the 2040 General Plan, construction activities initiated during the bird nesting season (February 1 – September 15), involving removal of vegetation (e.g. trees and shrubs), abandoned structures, or other nesting bird habitat, a pre-construction nesting bird survey shall be conducted no more than 5 days prior to initiation of ground disturbance and vegetation removal. The nesting bird pre-construction survey shall be conducted on foot and shall include a buffer around the construction site at a distance determined by a qualified biologist, including staging and storage areas. The minimum survey radii surrounding the work area shall be the following: 250 feet for non-raptors and 1,000 feet for raptors. The survey shall be conducted by a qualified biologist familiar with the identification of avian species known to occur in the American Canyon region. If construction lapses for seven days or longer, the qualified biologist shall conduct another focused survey before project activities are reinitiated. If nests are found, an avoidance buffer shall be determined by the biologist dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site. The qualified biologist shall observe the active nest to establish a behavioral baseline of the adults and nestlings, if present. The qualified biologist shall continuously monitor the active nests to detect signs of disturbance and behavioral change as a result of construction impacts, such as noise, vibration, odors, or worker/equipment motion. If signs of disturbance and behavioral changes are observed, the qualified biologist shall cease work causing those changes and may contact CDFW or USFWS for guidance. The buffer shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified of the buffer zone as an “Ecologically Sensitive Area” and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the 335
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pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the City prior to the commencement of construction activities.
Project site plans shall include a statement acknowledging compliance with the federal MBTA and California Fish and Game Code that includes avoidance of active bird nests and identification of Best Management Practices to avoid impacts to active nests, including checking for nests prior to construction activities during February 1 to September 15, and what to do if an active nest is found so that the nest is not inadvertently impacted during grading or construction activities.
BIO-8 Roosting Bat Surveys and Avoidance Prior to Removal For all future development under the 2040 General Plan that will require the removal of large trees (greater than 20 inches in diameter at five feet from the ground), abandoned buildings, bridges, or other suitable roosting structure identified during the Biological Resources Screening and Assessment (Mitigation Measure BIO-1), prior to tree and/or structure removal, a qualified biologist shall conduct a focused survey of all trees and structures to be removed or impacted by construction activities to determine whether active roosts of special-status bats are present on site.
Tree or structure removal shall be planned for either the spring or the fall, and timed to ensure both suitable conditions for the detection of bats and adequate time for tree and/or structure removal to occur during seasonal periods of bat activity exclusive of the breeding season, as described below.
Trees and/or structures containing suitable potential bat roost habitat features shall be clearly marked or identified. If no bat roosts are found, the results of the survey will be documented and submitted to the City within 30 days of the survey, after which no further action will be required.
If roosts are present, the biologist shall prepare a site-specific roosting bat protection plan to be implemented by the contractor following the City’s approval. Additionally, the qualified biologist shall determine compensatory mitigation for temporary or permanent habitat loss due to tree removal, in conjunction with CDFW. The plan shall incorporate the following guidance as appropriate:
When possible, removal of trees/structures identified as suitable roosting habitat shall be conducted during seasonal periods of bat activity, including the following:
Between September 1 and about October 15, or before evening temperatures fall below 45 degrees Fahrenheit and/or more than 0.5 inch of rainfall within 24 hours occurs. Between March 1 and April 15, or after evening temperatures rise above 45 degrees Fahrenheit and/or no more than 0.5 inch of rainfall within 24 hours occurs. If a tree/structure must be removed during the breeding season and is identified as potentially containing a colonial maternity roost, then a qualified biologist shall conduct acoustic emergence surveys or implement other appropriate methods to further evaluate if the roost is an active maternity roost. Under the biologist’s guidance, the contractor shall implement measures similar to or exceeding the following:
If it is determined that the roost is not an active maternity roost, then the roost may be removed in accordance with the other requirements of this measure. If it is found that an active maternity roost of a colonial roosting species is present, the roost shall not be disturbed during the breeding season (April 15 to August 31). Tree removal procedures shall be implemented using a two-step tree removal process. This method is conducted over two consecutive days and works by creating noise and vibration by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no excavators 336
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or other heavy machinery) on day one. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed to not return to the roost that night. The remainder of the tree is removed on day two. Prior to the demolition of vacant structures within the project site, a qualified biologist shall conduct a focused habitat assessment of all structures to be demolished. The habitat assessment shall be conducted enough in advance to ensure the commencement of building demolition can be scheduled during seasonal periods of bat activity (see above), if required. If no signs of day roosting activity are observed, no further actions will be required. If bats or signs of day roosting by bats are observed, a qualified biologist will prepare specific recommendations such as partial dismantling to cause bats to abandon the roost, or humane eviction, both to be conducted during seasonal periods of bat activity, if required. If the qualified biologist determines a roost is used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultation with CDFW. If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed. Once it has been determined that the roost is clear of bats, the roost shall be removed immediately.
BIO-9 Conduct Pre-construction Crotch’s Bumblebee Surveys and Implement Avoidance Measures
If the results of the project-specific biological analysis (Mitigation Measure BIO-1) determine that suitable habitat may be present for Crotch’s bumble bee, a habitat assessment shall be performed by a qualified biologist knowledgeable and experienced with Crotch’s bumblebee and the habitat in which they occur. If the biologist determines that suitable habitat for Crotch’s bumblebee is present, a focused survey shall be performed during the species’ active flight period for Crotch’s bumblebee and peak blooming period of nectar and pollen sources (May 1 through July 31). The Crotch’s bumblebee survey shall be conducted on foot and shall encompass the entirety of a project site and focus on areas that allow for the highest probability of detection, such as high abundance nectar or pollen sources and rodent burrows that may be used for breeding and nesting. If Crotch’s bumblebee is determined to be present, the project proponent shall map the locations of the observed bumblebee, areas of abundant nectar or pollen sources, and any active nesting sites. A report summarizing the results of the habitat assessment and focused survey (if required) shall be prepared by the qualified biologist and shall be submitted to the City prior to the commencement of construction activities. Further, consultation with the CDFW will be necessary in the event Crotch’s bumblebee was observed within a project site and an Incidental Take Permit, in accordance with the California Endangered Species Act, may be required prior to initiating any ground disturbance on the site. If Crotch’s bumble are not listed and no longer candidates for listing at the time of project implementation, this mitigation measure would not be required.
Significance After Mitigation
Implementation of Mitigation Measure BIO-1 through BIO-9 would reduce potential impacts to special-status species, nesting birds, and roosting bats to a less than significant level by requiring Biological Resources Screening and Assessments, avoidance and minimization, habitat restoration, and preconstruction surveys.
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Threshold 2: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Threshold 3: Would the project have a substantial adverse effect on state or federally protected wetlands (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Impact BIO-2 DEVELOPMENT AND MOBILITY IMPROVEMENTS FACILITATED BY THE PROJECT WOULD BE
SUBJECT TO ADOPTED CITY REGULATIONS TO MINIMIZE IMPACTS TO RIPARIAN HABITAT, SENSITIVE NATURAL COMMUNITIES, AND WETLANDS. COMPLIANCE WITH THE NPDES CONSTRUCTION GENERAL PERMIT, MS4 STORM WATER PERMIT, AMERICAN CANYON MUNICIPAL CODE, AND PROPOSED POLICIES IN THE 2040
GENERAL PLAN WOULD ENSURE POTENTIAL IMPACTS TO RIPARIAN HABITAT, SENSITIVE NATURAL COMMUNITIES, AND WETLANDS WOULD BE LESS THAN SIGNIFICANT.
The City identifies riparian corridors, coastal saltmarsh, mixed hardwood forest, and oak savannah as sensitive areas. These areas support a range of wildlife species. Riparian areas in particular shade aquatic habitats and maintain cooler water temperatures for wildlife within riparian areas. In addition, the CNDDB identifies coastal brackish marsh, northern claypan vernal pools, northern costal salt marsh, northern vernal pool, and serpentine bunchgrass as sensitive natural communities, which could occur in the Planning Area (Appendix B). According to the USFWS NWI, wetlands in and surrounding the City consist of estuarine and marine habitats, freshwater ponds, freshwater emergent wetlands, and riverine habitats (USFWS 2022a). Potentially significant effects on riparian or other sensitive natural communities would occur if future development or mobility improvements facilitated by the project result in the loss of habitat or degradation of habitat, such as impacts to water quality. Potentially significant impacts to state or federally protected wetlands could occur if development or mobility improvements facilitated by the project would result in the loss or degradation of existing wetlands.
Mobility improvements facilitated by the project, including improvements to roadways, and bicycle and pedestrian facilities, are not likely to result in the removal of riparian or other sensitive natural community habitat, as they would occur in areas of the City that are developed and surrounded by existing development. Development facilitated by the project would be subject to American Canyon Municipal Code requirements to protect riparian habitat and sensitive natural communities.
Section 19.24.040 of the American Canyon Municipal Code restricts residential, commercial, and industrial uses in riparian corridors and limits the potential for new development to substantially affect riparian areas. In addition, Section 19.24.040 requires development permitted in a riparian corridor to minimize the removal of vegetation, erosion, sedimentation, and runoff; minimize wastewater discharges and entrapment; buffer habitat from the built environment; and locate and design roads and utilities to avoid conflicts with biological resources, habitat areas, and wildlife corridors. Section 19.24.030 of the American Canyon Municipal Code requires a biological assessment report to be prepared for project-specific development that could result in potentially significant impacts to riparian habitat, wetlands, or vernal pools. This biological assessment would identify and provide mitigation for potentially significant impacts, in accordance with City review processes.
Section 19.24.050 of the American Canyon Municipal Code requires new development to be sited to preserve wetlands, including the retention of sufficient natural space. If preservation of wetlands for project-specific development is infeasible, the project applicant would be required to replace the 338
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habitat consistent with the provisions of Section 19.24.050. Future development would not result in substantial adverse effects due to the direct removal of wetlands, as development facilitated by the project would primarily occur outside of substantial wetland habitat, and any wetland habitat that would be removed would be replaced in accordance with City requirements.
Section 19.24.060 of the American Canyon Municipal Code requires development of areas that encompass oak savannah, mixed hardwood forest, and coastal saltmarsh to maintain a buffer from the edge of the designated habitat zone as recommended by a biological assessment report, maintain connectivity to surrounding habitats, and limit public access in areas where damage to habitat may occur.
In addition, Section 14.28.110 of the American Canyon Municipal Code prohibits discharge into a watercourse; modification of the natural flow of water; deposition or removal of material from a watercourse; alteration of watercourse; or the placement of loose or unconsolidated material in or adjacent to a watercourse. Implementation of Section 14.28.110 would minimize the potential for development facilitated by the project to fill or hydrologically interrupt a wetland or damage water quality in riparian habitat. Development in state and/or federally protected wetlands would potentially be subject to United States Army Corps of Engineers, CDFW, and RWQCB permitting requirements.
In addition, the 2040 General Plan would include the following proposed policies that would protect riparian, creek, and wetland habitats:
Policy ENV-1.2: Sensitive Habitat Assessment and Impact Mitigation. Require new development and redevelopment located within sensitive habitats, including coastal saltmarsh, mixed hardwood forest, oak savannah, vernal pools, and riparian habitats to provide a detailed assessment of the potential for impacts on these resources, and include measures to reduce any identifiable impacts.
Policy ENV-1.3: Habitat Conservation. Support habitat conservation efforts to set aside and preserve suitable habitats, with priority given to habitats for rare and endangered species in American Canyon in accordance with state and federal resource agency requirements. Policy: ENV-2.1: Creek Preservation. Maintain American Canyon Creek within its natural waterway.
Policy ENV-2.2: Existing Streams and Creeks. As required by wetland resource permitting agencies, require new development to incorporate existing streams and creeks into proposed development plans in their natural state to prevent degradation, erosion, or sedimentation and help impart a unique character to the city.
Development and mobility improvements facilitated by the project would be subject to applicable federal, State, and City requirements, which would minimize potential impacts to riparian habitat, sensitive natural communities, and wetlands. Through compliance with these regulations, the project would not have a substantial adverse impact on riparian habitat, sensitive natural communities, or wetlands. These impacts would be less than significant.
In addition, as discussed in Impact BIO-1, development and mobility improvements facilitated by the project would be required to comply with the provisions of the NPDES Construction General Permit, MS4 Storm Water Permit, American Canyon Municipal Code, and proposed policies in the 2040 General Plan. Compliance with these regulations would ensure future development facilitated by the project would not substantially degrade water quality in wetlands riparian habitats. These indirect impacts would be less than significant.
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Mitigation Measure
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 4: Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Impact BIO-3 IMPLEMENTATION OF THE PROJECT WOULD NOT SUBSTANTIALLY IMPEDE THE MOVEMENT
OF NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES, OR WITH ESTABLISHED NATIVE RESIDENT OR MIGRATORY WILDLIFE CORRIDORS AFTER IMPLEMENTATION OF PROPOSED POLICIES IN THE 2040 GENERAL PLAN AND COMPLIANCE WITH THE AMERICAN CANYON MUNICIPAL CODE.
Habitat connectivity is generally located to the east and north of the Planning Area, as well as within the riparian corridors in the Planning Area. Potentially significant effects on wildlife movement would occur if temporary disturbance during construction or permanent new development facilitated by the project would result in the fragmentation or degradation of wildlife corridors or nursery sites. Mobility improvements facilitated by the project, including improvements to roadways, and bicycle and pedestrian facilities, would occur in areas of the City that are developed and generally are surrounded by existing development and urban disturbance. As a result, mobility improvements facilitated by the project would not result in potentially significant impacts to wildlife movement because they would not obstruct wildlife corridors or fragment habitat such that wildlife movement is restricted.
Due to the existing level of development, the Planning Area is not within an essential connectivity area as defined by CDFW (CDFW 2022). Development facilitated by the project would generally occur in areas of the City that are developed or surrounded by existing development and urban disturbance. The 2040 General Plan includes the following proposed policy to establish a network of open spaces along the City’s natural drainages and riparian corridors:
ENV-1.5: Open Space Network. Establish a network of open spaces along the city's natural drainages and riparian corridors and link significant biological habitats by restricting alteration to these resources and limiting land uses. Any recreational use of these areas shall be designed to avoid damaging sensitive habitat areas.
In addition, Section 19.24.040 of the American Canyon Municipal Code restricts uses in riparian corridors, which would minimize the potential impacts on riparian habitat. Furthermore, Section
19.24.040 requires project-specific development permitted within riparian corridors provide for sufficient passage of native and anadromous fish and provide wildlife corridors to adjacent open spaces.
The 2040 General Plan also includes the following proposed policy, which would minimize impacts from any future development or mobility improvements on sensitive habitat that could provide opportunities for wildlife movement:
ENV-1.2: Sensitive Habitat Assessment and Impact Mitigation. Require new development and redevelopment located within sensitive habitats, including coastal saltmarsh, mixed hardwood forest, oak savannah, vernal pools, and riparian habitats to provide a detailed assessment of the 340
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potential for impacts on these resources, and include measures to reduce any identifiable impacts.
With implementation of the proposed policies in the 2040 General Plan, as well as compliance with the American Canyon Municipal Code, development facilitated by the project would not substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. This impact would be less than significant.
Mitigation Measure
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 5: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Impact BIO-4 THE PROJECT WOULD IMPLEMENT PROPOSED POLICIES DESIGNED TO PROTECT BIOLOGICAL RESOURCES. DEVELOPMENT AND MOBILITY IMPROVEMENTS FACILITATED BY THE PROJECT WOULD
BE REQUIRED TO ADHERE TO THESE POLICIES, AS WELL AS AMERICAN CANYON MUNICIPAL CODE REQUIREMENTS TO PROTECT BIOLOGICAL RESOURCES. THEREFORE, THIS IMPACT WOULD BE LESS THAN SIGNIFICANT.
The Planning Area has trees within its developed and disturbed areas, as well as its surrounding parks and open space. Section 18.40.110 of the American Canyon Municipal Code provides regulations governing trees in the City. Pursuant to Section 18.40.110, existing trees are required to be preserved unless otherwise approved by City Council as part of a development plan. Any tree removed as part of project-specific development is required to be replaced on-site at a minimum size of a 24-inch box of the same species, unless specifically approved by the City Council. In addition, the 2040 General Plan would implement the following proposed policies related to trees:
Policy ENV-1.4: Native Species. Encourage the use of native vegetation where possible. Policy ENV-1.6: Urban Forest. Build upon existing streetscapes and develop an urban forest within the City’s streets, parks, and open space to provide avian habitat, sequester carbon monoxide emissions, foster pedestrian activity, and provide shade. Policy ENV-1.7: Trees for Pollinators. Support sustainable pollinator species (i.e.: bees, birds, butterflies) in American Canyon by planting low-water use pollinator-supportive trees in streets, parks, open spaces, and private development.
Policy ENV-6.12: Climate Adaptation. Mitigate the effects of heat reflecting from paved trail surfaces by incorporating shade trees along the south and west sides of trails wherever possible.
In addition, the Environment, Parks, and Recreation Element in the 2040 General Plan has additional policies that would protect biological resources in the Planning Area. Development and mobility improvements facilitated by the project would adhere to the requirements of the American Canyon Municipal Code and the proposed polices in the 2040 General Plan. Therefore, the project would not conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. This impact would be less than significant. 341
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Mitigation Measure
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 6: Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Impact BIO-5 IMPLEMENTATION OF THE PROJECT WOULD NOT CONFLICT WITH THE PROVISION OF AN
ADOPTED HABITAT CONSERVATION PLAN, NATURAL COMMUNITY CONSERVATION PLAN, OR OTHER APPROVED LOCAL, REGIONAL, OR STATE HABITAT CONSERVATION PLAN. NO IMPACT WOULD OCCUR.
There are no habitat conservation plans, natural community conservation plans, or other approved local regional or state habitat conservation plans in the Planning Area. Therefore, development and improvements in the Planning Area would not conflict with such plans. No impact would occur.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
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4.4 Cultural Resources
This section summarizes the potential cultural resources in the Planning Area and analyzes the impacts on cultural resources due to the project.
4.4.1 Setting
a. Cultural Setting
The cultural setting for the Planning Area is presented broadly in three overviews: Prehistoric, Ethnographic, and Historic. The prehistoric and historic overviews describe human occupation before and after European contact. The ethnographic overview in the Section 4.12, Tribal Cultural Resources provides a synchronic “snapshot” of traditional Native American culture.
Prehistory
The Planning Area lies in the San Francisco Bay Area archaeological region (Milliken et al. 2007, Moratto 1984). Milliken et al. (2007) generally divided the prehistoric chronology of the Bay Area into five periods: The Early Holocene (8,000-3,500 before common era [BCE]), Early Period (3,500- 500 BCE), Lower Middle Period (500 BCE to CE 430 common era [CE]), the Upper Middle Period (430-1050 CE), and the Late Period (1050 CE-contact).
It is presumed that early Paleoindian groups lived in the area prior to 8,000 BCE; however, no evidence for this period has been discovered in the San Francisco Bay Area (Milliken et al. 2007).
Sites dating to this period may be submerged or deeply buried as a result of rising sea levels and widespread sediment deposition that has occurred since the Terminal Pleistocene (Byrd et al. 2017).
For this reason, the Terminal Pleistocene Period (ca. 11,700-8,000 BCE) is not discussed here.
The earliest intensive study of the archaeology of the San Francisco Bay Area began with N.C. Nelson of the University of California, Berkeley, between 1906 and 1908. He documented over 400 shell mounds throughout the area. Nelson was the first to identify the Bay Area as a discrete archaeological region (Moratto 1984).
Early Holocene (8,000-3,500 BCE)
Archaeological evidence from the early Holocene is limited as sites dating to this period are likely buried under Holocene alluvial deposits (Moratto 1984; Ragir 1972). The available data suggests that the Early Holocene in the San Francisco Bay Area is characterized by a mobile forager pattern and the presence of millingslabs, handstones, and a variety of leaf-shaped projectile points. Two archaeological sites (CA-CCO-696 and CA-CCO-637) dating to this period have been identified in Contra Costa County at the Los Vaqueros Reservoir. The earliest date for the Early Holocene comes from the CA-CCO-696, dating to approximately 7000 BCE (Milliken et al. 2007).
Early Period (3,500-600 BCE)
The Early Period saw increased sedentism with the introduction of new ground stone technologies (i.e., mortar and pestle), an increase in regional trade, and the first cut shell beads. The earliest evidence for the use of the mortar and pestle in the San Francisco Bay Area dates to 3800 BCE and comes from archaeological site CA-CCO-637. By 1500 BCE, mortars and pestles had almost completely replaced millingslabs and handstones, indicating a greater reliance on processing nuts, 343
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