RESOLUTION R2023-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) supporting Napa Valley Unified School District’s application to the Local Agency Formation Commission of Napa County to amend the City’s sphere of influence to include THE NORTHERN PORTION OF 1130 Trower Avenue (Assessor Parcel Number 038-040-020); (2) authorizing the Utilities Director to execute a Declaration of Covenants and Agreement Regarding Water Service with the Napa Valley Unified School District to provide water service to 1130 Trower Avenue (Assessor Parcel Number 038-040-020) for the Vintage High School Culinary and Agricultural Facility; (3) authorizing the Utilities Director to submit an application to the Local Agency Formation Commission of Napa County for an outside service agreement; and (4) determining that the actions authorized by this resolution HAVE BEEN ADEQUATELY ANALYZED BY A PREVIOUS CEQA ACTION OR ARE EXEMPT FROM CEQA WHEREAS, Napa Valley Unified School District (“NVUSD”) owns the 12.8 acre parcel located at the end of Trower Avenue northeast of Vintage High School at 1130 Trower Avenue (Assessor Parcel Number 038-040-020) (“Property”); and WHEREAS, NVUSD is proposing to develop a culinary and agricultural facility (“Project”) on the portion of the Property depicted in Attachment 3 to the staff report and labeled “Project Area Boundary” (“Project Site”) to replace the existing Vintage High School agricultural facility; and WHEREAS, the Utilities Department has received an Outside Water Service Application from NVUSD for a 3-inch commercial water service and an 8-inch fire water service to serve the Project on the Project Site; and WHEREAS, the Property is outside the City limits; and
WHEREAS, the northern portion of the Project Site depicted in orange in Attachment 3 to the staff report and labeled “Area required to be added to SOI” (“SOI Area”) is outside the City’s Rural Urban Limit Line (“RUL”), and outside the City’s Sphere of Influence (“SOI”); and WHEREAS, City Charter Section 180 allows extension of water service outside City limits and outside the RUL to be used for public school facilities sponsored or developed by NVUSD or other educational bodies; and WHEREAS, under State law (the Cortese-Knox-Hertzberg Local Government Reorganization Act), particularly California Government Code Section 56133, the Local Agency Formation Commission of Napa County (“LAFCO”) is generally required to review and approve any proposed new or extended water service outside the City limits (subject to exceptions to this general rule that are not applicable to this Project or Property); and WHEREAS, pursuant to Government Code Section 56133, LAFCO can only approve an extension of City water service to property outside the City limits if: (a) the water service is to respond to an existing or impending threat to the public health or safety of the residents of the affected property (which does not apply to this situation), or (b) the property is within the City’s SOI; and WHEREAS, NVUSD has submitted an application to LAFCO requesting an amendment to the City’s SOI to add the SOI Area such that water service can be extended to the Project; and WHEREAS, an Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project dated November 2018 was certified by the NVUSD Board of Trustees on January 24, 2019 and is attached to the staff report as Attachment 8; and WHEREAS, an Addendum to the IS/MND for the Project dated October 2023 and attached to the staff report as Attachment 9 was prepared for NVUSD for the purpose of analyzing the potential environmental impacts of modifications to the project, including extension of an existing City water main and connection to City water, dedication of right-of-way for the future extension of Trower Avenue, partial street improvements for the extension of Trower Avenue fronting the Project, and execution of an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants with the City restricting use of the unused portion of the Property south of the future Trower Avenue extension for the development of NVUSD non-residential facilities or affordable; and WHEREAS, City staff has determined that the City could provide water service to the Project with no adverse impacts on water supply availability for existing customers; and WHEREAS, City staff has determined that the City has sufficient treatment, storage, and conveyance capacity to safely accommodate the requested water services; and WHEREAS, City staff has identified terms of a proposed Declaration of Covenants and Agreement Regarding Water Service (attached hereto as Exhibit “A,” and incorporated herein by reference) to document the conditions which must be met in order for the City to provide water service to the Project and Project Site; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. The City Council hereby determines that the (1) potential environmental effects of the actions authorized by this Resolution were adequately analyzed by the Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project prepared by Placeworks on behalf of NVUSD dated November 2018 and adopted by the NVUSD Board of Trustees on January 24, 2019 (Attachment 8) and the Addendum to the IS/MND for the Project prepared by Placeworks on behalf of NVUSD dated October 2023 (Attachment 9) pursuant to CEQA Guidelines Section 15162; (2) potential environmental effects of the actions authorized by this Resolution fall within the scope of the City of Napa General Plan Final EIR (SCH #2021010255) approved by City Council on September 20, 2022, by City Council Resolution R2022-085 and on file with the City Clerk pursuant to CEQA Guidelines Section 15168; or (3) that the actions authorized by this Resolution are exempt from CEQA pursuant to CEQA Guidelines Section 15282(k), which exempts the extension of a City water main less than one mile in length.
3. The City Council hereby supports NVUSD’s application to the Local Agency Formation Commission of Napa County to amend the City’s SOI to include SOI Area.
4. The City Council hereby authorizes extension of City water service to the Project Site in unincorporated Napa County for the Project, subject to: (a) execution of a Declaration of Covenants and Agreement Regarding Water Service in substantial conformance to the Non-Binding Summary of Conceptual Terms attached hereto and incorporated herein as Exhibit A and in a form approved as to substance by the City Manager and Utilities Director, and approved as to form by the City Attorney; (b) adoption by LAFCO of an amended SOI of the City of Napa to include the SOI Area within the City’s SOI, pursuant to Government Code Section 56425; and (c) LAFCO approval of an outside service agreement for City water service to the Project Site.
5. The City Council hereby authorizes the Utilities Director to execute a Declaration of Covenants and Agreement Regarding Water Service with NVUSD for the Project in accordance with the terms set forth in this Resolution.
6. The City Council hereby authorizes the Utilities Director to submit an application to LAFCO for an outside service agreement for water service to the Project and Project Site in accordance with the terms of this Resolution.
7. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 7th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
R2023-__ Page 7 of 7 November 7, 2023
R2023- __ Page 1 of 7 November 7, 2023
ATTACHMENT 1
ATTACHMENT 1