Cities Index.
ATCH 1 - Resolution with Exhibit A

Napa City Council
September 2, 2025

Document
ATCH 1 - Resolution with Exhibit A
Meeting
September 2, 2025
Body
Napa City Council
Pages
2
Original file
636 KB
Text extracted from the city's file for reading and search. Open the original on napacity.legistar1.com. That file is the official record.

RESOLUTION R2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) ADOPTING A FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HIDDEN GLEN REMEDIATION PROJECT; (2) AUTHORIZING STAFF TO FINALIZE CONSTRUCTION PLANS FOR THE HIDDEN GLEN REMEDIATION PROJECT; AND (3) AUTHORIZING STAFF TO ADVERTISE THE HIDDEN GLEN REMEDIATION PROJECT FOR BIDS WHEREAS, City owns 2.18 acres of land (Napa County Assessor’s Parcel Number 045-411-022-000) within the Hidden Glen Subdivision near the intersection of Pascale Place and Glory Court (“Project Site”); and WHEREAS, the Project Site is part of the “Hidden Glen Dump” listed in the CalRecycle Solid Waste Information System (“SWIS”) database and assigned SWIS No. 28-AA-0028, which is identified as an unpermitted, closed, solid waste disposal site and contains waste associated with a burn dump (melted, glass, bottles, and other small miscellaneous debris); and WHEREAS, in 2001, the Hidden Glen Dump was closed and capped; and WHEREAS, in 2018, Langan (an engineering and environmental consulting firm) conducted subsurface investigations on the City property and five neighboring residential properties (lots 6, 7, 8, 9, and 10) which identified waste on those properties and lead concentrations in certain locations that exceeded screening levels established by state regulatory agencies; and WHEREAS, the Langan reports were submitted to the Napa County Local Enforcement Agency (“LEA”); and WHEREAS, on August 9, 2019, the LEA issued an advisory and notice to all of the property owners advising them that waste debris and lead had been observed on their properties and that as such all the properties were subject to the LEA’s regulatory jurisdiction over disposal sites; and WHEREAS, on November 26, 2019, the LEA issued a notice to comply to the City requiring a workplan to remediate the Project Site by removing or covering residual waste on the City’s property; and WHEREAS, the City’s obligation under the LEA’s order is to remediate only the City property; but the City has approached the other property owners and has offered to accept waste-impacted soil from their property, reconsolidate it on the Project Site, and cover it with a minimum of 2 feet of clean fill to resolve claims those owners have asserted or might assert against the City; and WHEREAS, on October 16, 2024, the City submitted a Remedial Action Plan (RAP) to the LEA to remediate the City property, accept waste-impacted soil from adjacent properties, reconsolidated it on the existing landfill cap, and then cover it by a minimum of 2 feet of clean fill (“Project”); and WHEREAS, on December 20, 2024, the LEA approved the RAP; and WHEREAS, on October 16, 2024, the City submitted a grant application to the Department of Resources Recycling and Recovery (“CalRecycle”) Legacy Disposal Site Abatement Partial Grant Program that would, if approved, reimburse costs associated with grading and covering waste-impacted soil from the City property and potentially from adjacent properties on the Project Site; and WHEREAS, on March 4, 2025, CalRecycle approved a grant for such reimbursement up to a maximum of $473,415; and WHEREAS, on May 14, 2025, a Soil Disposal and Recorded Release Agreement for Lot 10 Pascale Place was executed to provide the owner of that property with the option to deliver waste-impacted soil to the Project Site at the property owner’s expense and as part of a separate and distinct private project; and WHEREAS, subsequent to execution of the Soil Disposal and Recorded Release Agreement for Lot 10 Pascale Place, the property owner requested the City consider using a portion of the CalRecycle grant funds to reimburse the property owner for trucking and disposal of waste-impacted soil at an appropriate landfill rather than delivering waste-impacted soil to the Project Site; and WHEREAS, on July 9, 2025, the City requested CalRecycle to modify the budget and workplan in the grant agreement to allow for such reimbursement of trucking and disposal costs incurred by private property owners; and WHEREAS, on July 28, 2025, the City received approval from CalRecycle to modify the grant as requested; and WHEREAS, on July 25, 2025, the Soil Disposal and Recorded Release Agreement for Lot 10 Pascale Place was amended to allow the property owner to enter an approximately 1,200 square foot portion of City property, which City intends to transfer to Lot 10 as part of a lot line adjustment, for the purpose of removing waste-impacted soil at the property owner’s expense and as part of any separate and distinct private project that the property owner choses to undertake on Lot 10; and WHEREAS, the City and the owners of Lot 10 are having discussions related to a further amendment that would address reimbursement of trucking and disposal costs as well as a lot line adjustment transferring property from the City parcel to the Lot 10 parcel; and WHEREAS, the owners of Lot 6 and the City are in discussions related to an agreement that would address the removal of waste-impacted soil from Lot 6 should the property owner chose to conduct activities as part of a separate and distinct private project on Lot 6, possible reimbursement of trucking and disposal costs, and a lot line adjustment transferring property from the City parcel to the Lot 6 parcel; and WHEREAS, the City and the owner of Lots 7 and 8 are having discussions related to an agreement similar to the agreements under discussion with respect to Lots 6 and 10; and WHEREAS, City staff have prepared preliminary construction plans to remediate the Project Site and submitted them to the LEA as part of the RAP; and WHEREAS, construction plans need to be finalized based on the quantity of waste-impacted soil from adjacent properties to be accepted on the Project Site based on ongoing discussions and potential agreements with property owners of Lots 6, 7, 8, and 10 as identified herein; and WHEREAS, after construction plans are finalized, public advertisement for bids to complete the work at the Project Site are required; and WHEREAS, the California Environmental Quality Act, Public Resources Code, Section 21000 et seq. (“CEQA”), requires that the City consider the potential environmental impacts of the Project prior to approving any entitlements for the Project; and WHEREAS, in accordance with CEQA, the City of Napa Utilities Department prepared an Initial Study for the Project which concludes that the Project, with incorporation of certain mitigation measures, will not have a significant effect on the environment; therefore, a Mitigated Negative Declaration has been prepared for adoption; and WHEREAS, the City of Napa prepared a Draft Initial Study/Mitigated Negative Declaration for the Project, pursuant to CEQA and the CEQA Guidelines, Code of California Regulations, Title XIV, Section 15000 et seq., and the City of Napa CEQA Guidelines, which is attached to the staff report as Attachment 2; and WHEREAS, the City of Napa posted a Notice of Intent to Adopt a Mitigated Negative Declaration which identified the review period from July 10, 2025, to August 8, 2025, for review and comment by the public and public agencies having jurisdiction by law with respect to the Project; and WHEREAS, within the review period, two comment letters were received from residents in the Hidden Glen neighborhood and one comment letter was received from the California Department of Transportation; and WHEREAS, City staff have prepared responses to comments and made minor modifications to the Mitigated Negative Declaration document as part of the Final Initial Study/ Mitigated Negative Declaration, which is attached to the staff report as Attachment 6 and is also available for review upon request at the City of Napa Utilities Department, 1700 Second Street, Suite 100, Napa, CA 94559 and incorporated herein by reference (“Final Initial Study/Mitigated Negative Declaration”) and a Mitigation Monitoring and Reporting Program attached hereto as Exhibit A and incorporated herein by reference (“MMRP”); and WHEREAS, on September 2, 2025, the City Council considered the Final Initial Study/Mitigated Negative Declaration and MMRP and all written and oral testimony submitted to it at a noticed public hearing on the Project, at which time the City Council heard a presentation by Staff and took public testimony, and thereafter closed the public hearing and considered the adequacy of the Final Initial Study/Mitigated Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:

Section 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. The record of Project’s environmental review shall be kept at the City of Napa Utilities Department, 1700 Second Street, Suite 100, Napa, CA 94559.

Section 2. After reviewing the Final Initial Study/Mitigated Negative Declaration, all written and oral comments received on the Draft Initial Study/Mitigated Negative Declaration and all responses to such comments, the City Council hereby finds that the Final Initial Study/Mitigated Negative Declaration and MMRP contain a complete and accurate reporting of all the environmental impacts associated with the Project and finds, based on its independent review and analysis: (i) that the Final Initial Study/Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence in the administrative record supporting a fair argument that the Project may have a significant effect on the environment. The City Council further finds that no new significant environmental impacts have been identified in the Final Initial Study/Mitigated Negative Declaration and any changes to the Final Initial Study/Mitigated Negative Declaration in response to comments or otherwise do not constitute substantial revisions requiring recirculation under CEQA Guidelines section 15073.5.

Section 3. The City Council hereby adopts the Final Initial Study/Mitigated Negative Declaration attached to the staff report as Attachment 6 and incorporated herein by reference and approves the MMRP for the Project attached hereto as Exhibit “A.” Section 4. The City Council hereby authorizes staff to finalize the construction plans for the Hidden Glen Remediation Project and to publicly advertise the Hidden Glen Remediation Project for bids.

Section 5. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the City of Napa Office of the City Clerk, 955 School Street, Napa, CA 94559. This information is provided in compliance with Public Resources Code Section 21081.6 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 2nd day of September, 2025, by the following vote:

AYES: NOES: ABSENT:

ABSTAIN:

ATTEST:

Tiffany Carranza
City Clerk
Approved as to form:

Christopher Diaz
Interim City Attorney
Exhibit A
Browns Valley Subdivision Project Mitigation Monitoring and Reporting Program September 2, 2025September 2, 2025 R2025-__ R2025-__Page 2 of 8Page 2 of 8 September 2, 2025
September 2, 2025
R2025-__
R2025-__

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ATTACHMENT 1ATTACHMENT 1
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