table of contents agenda 2 closed session agenda closed

Table of Contents

Agenda 2Closed Session Agenda

Closed Session Agenda 5Presentation of Certificate of Recognition to the Napa CountyHispanic Chamber of Commerce for being named State ofCalifornia 2013 Chamber of the Year

Certificate of Recognition 6Leon Garcia Council Committee Report

Committee Report - Garcia 7Mark Joseph Council Committee Report

Mark Joeph 9Consideration of the Minutes of the Regular City Council/FireProtection District Board Meeting of September 17, 2013

Minutes 11Consideration of a Resolution of the City Council of the City ofAmerican Canyon Revising Resolution 2010-125 ImplementingCity of American Canyon Municipal Code Sections 2.40.010 etseq. entitled “Adoption of Conflict of Interest Code”

Staff Report 14Resolution 15

ACFPD - Adopt Resolution 2013-09 A Resolution of the City ofAmerican Canyon City Council Sitting Ex Officio as the Board ofDirectors of the American Canyon Fire Protection DistrictAdopting a Conflict of Interest Code.

Staff Report Conflict of Interest Code 19Resolution Conflict of Interest Code 20

Consider taking a Position or Remaining Silent as a Bodyregarding the Napa County Board Appointment of the Registrarof Voters

Staff Report 28County Counsel Report 30

Workshop to discuss the Highway 29 Corridor PriorityDevelopment Area (PDA) planning efforts

Staff Report 32Attachments 37

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Call 707-647-4352 Hablamos Español Nagtatagalog po kami

City of American Canyon

CITY COUNCIL AND FIRE DISTRICT BOARD

Regular Meeting 4381 Broadway, Suite 201

Tuesday, October 01, 2013 6:30 PM

AGENDA ELECTED OFFICIALS:

Mayor Leon Garcia, Councilmembers Joan Bennett, Belia R. Bennett, Mark Joseph, Kenneth I. Leary

Public Notices:

Public Comment: To speak about an item on the Agenda or under Public Comment, please complete a Speaker’s Card and submit to the City Clerk before the beginning of the meeting.

Special Assistance: All public meetings and events sponsored or conducted by the City of American Canyon are held in accessible sites. Requests for accommodations may be made by calling (707) 647-4577 (voice) or 711 for the California Relay Service or e-mailing the ADA Coordinator, Sue Casey, Administrative Services Director at [email protected] no less than 72 hours in advance of the event. Copies of documents distributed at the meeting are available in alternative formats upon request.

Closed Sessions: The City Council/Joint Fire District Board convenes at the stated time, but will adjourn to any Closed Session items on the Agenda. The Council will reconvene in Open Session at 6:30 p.m. If necessary, the Council may reconvene in Closed Session to continue discussion of listed items following the completion of other business.

Cellular Phones: Thank you for placing your cell phone on silent/vibrate. Use of cell phones in the City Council Chambers may compromise microphone sound quality.

Fire District Board: Fire District Board items are identified with the letters “ACFPD” next to the item.

Open Meetings Act: Any writings or documents provided to a majority of the City Council regarding any item on this Agenda are available during normal business hours, for public inspection in the Office of the City Clerk, City Hall, 4381 Broadway, American Canyon.

Reading of

Ordinance Titles:

Government Code Section 36934 requires that all ordinances are read in full prior to Council action. By listing the ordinance title on the Council meeting agenda, Council may deem that the title has been read in compliance with GC Section 36934.

Presentations: Any member of the public wishing to use audio/video equipment as part of a public presentation must contact the City Clerk’s Office at 647-4352 to make arrangements at least one week in advance of the meeting.

A. CALL TO ORDER

B. FLAG SALUTE

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C. ROLL CALL D. REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION:

1. Closed Session Agenda

E. CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE 54952.3: F. PROCLAMATIONS AND PRESENTATIONS:

a. Presentation of Certificate of Recognition to the Napa County Hispanic Chamber of Commerce for being named State of California 2013 Chamber of the Year

G. MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS:

The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective Council action will be taken.

a. Leon Garcia Council Committee Report b. Mark Joseph Council Committee Report

H. PUBLIC COMMENT: Any person may address a matter on the Consent Calendar or a matter not listed on the agenda that is within the jurisdiction of the City Council/Fire District. However, state law prohibits action by the legislative body on items not on the Agenda. Public comment on matters listed under Public Hearings or Business will be taken up at the time the matter is considered. Please limit comments to 3 minutes unless the Mayor/Council grant further time. I. AGENDA CHANGES:

The Mayor/ 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 completing a Speaker’s Card and presenting it to the City Clerk prior to Public Comment.

J. CONSENT ITEMS:

Consent Items are routine matters enacted by one motion according to the recommendation. 1. Recommendation: Consideration of the Minutes of the Regular City Council/Fire

Protection District Board Meeting of September 17, 2013 Contact: Rebekah Barr, MMC, City Clerk

2. Recommendation: Consideration of a Resolution of the City Council of the City of American Canyon Revising Resolution 2010-125 Implementing City of American Canyon Municipal Code Sections 2.40.010 et seq. entitled “Adoption of Conflict of Interest Code” Contact: Rebekah Barr, MMC, City Clerk William D. Ross, City Attorney

3. Recommendation: ACFPD - Adopt Resolution 2013-09 A Resolution of the City of American Canyon City Council Sitting Ex Officio as the Board of Directors of the American Canyon Fire Protection District Adopting a Conflict of Interest Code. Contact: Glen E. Weeks, Fire Chief

K. CONSENT ITEMS PULLED FOR DISCUSSION:

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L. PUBLIC HEARINGS: M. BUSINESS:

1. Recommendation: Consider taking a Position or Remaining Silent as a Body regarding the Napa County Board Appointment of the Registrar of Voters Contact: Rebekah Barr, MMC, City Clerk

2. Recommendation: Workshop to discuss the Highway 29 Corridor Priority Development Area (PDA) planning efforts Contact: Brent Cooper, AICP, Community Development Director

N. MANAGEMENT STAFF ORAL REPORTS:

O. GENERAL ANNOUNCEMENTS:

City Council Meetings are held the first and third Tuesdays of the month at 6:30 p.m. at the City Council Chambers, 4381 Broadway, unless otherwise posted.

BOARDS and COMMISSIONS: Planning Commission: 4th Thursday of each month at 6:30 p.m. Parks & Community Services Commission: 2nd Thursday of each month at 6:30 p.m. Open Space Advisory Committee: 1st Wednesday of each month at 6:30 p.m.

P. ADJOURNMENT:

Certification I, Cherri Walton, CMC, Deputy City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date. ____________________________________ Cherri Walton, CMC, Deputy City Clerk

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Call 707-647-4352 ● Hablamos Español ● Nagtatagalog po kami

City of American Canyon

CITY COUNCIL AND FIRE PROTECTION DISTRICT BOARD 4381 Broadway, Suite 201

SPECIAL

CLOSED SESSION

AGENDA

October 1, 2013

Public Notice:

Leon Garcia, Mayor, has called the City Council/Fire District Board to convene in Special Closed Session at 5:30 p.m.

1. City Labor Negotiations - Pursuant to Government Code Section 54957.6 Agency Negotiator: Barbara Dillon Employee Organization: Mid-Management 2. Fire District Labor Negotiations – Pursuant to Government Code Section 54957.6 Negotiator: Bruce Heid, IEDA 3. Public Employment – Pursuant to Government Code Section 54957 Title: City Attorney ADJOURNMENT: Certification I, Rebekah Barr, MMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing Closed Session Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date.

exux~t{ UtÜÜ Rebekah Barr, MMC, City Clerk

Mayor: Leon Garcia Vice Mayor Mark Joseph Council: Joan Bennett Kenneth Leary Belia R. Bennett

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Meeting Date: October 1, 2013

Submitted By: Leon Garcia

Committee Name: Napa County Flood Control and Watershed Improvement Authority

Topic of Discussion:

September 10, 2013: Funding for flood walls and the bypass channel discussed to include in project proposal. Funding source details not yet determined. Cost may be borne by City of Napa if federal dollars not available.

Committee Name: American Canyon 9/11 Remembrance Ceremony


September 11, 2013: Attended the annual 9/11 Remembrance Ceremony at the Public Safety Building. The ceremony began with a moment of prayer followed by remarks from Mayor Garcia and Vice Mayor Joseph. The American Canyon High School band performed.

Committee Name: Napa Vallejo Waste Management Authority


September 12, 2013: Financial Report , fiscal status of the of the Authority will have sufficient funds to move forward with capital improvement projects that have been deferred in previous years. The the costs savings from the retirement of the financial bond this year will provide the revenue to begin on these projects.

Committee Name: Napa County Hispanic Network Annual Scholarship Banquet


September 13, 2013: The Napa County Hispanic Network celebrated its 30th anniversary. It was a very satisfying evening to look back on how much has been accomplished by those of us who founded the organization. Rewarding as well to hear from previous scholarship recipients on the impact the opportunity had on them achieving their career dreams and aspirations.

Committee Name: Dia de La Patria , Mexican Independence Day Celebration

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September 15, 2013: Officiated with the formal presentation of the flags recognizing the United States of America and Mexico. I received the American flag and a representative of the Mexican Consulate received the Mexican flag. The ceremony was conducted at Napa Veterans Park. A very large number of people in attendance for the daylong celebration.

Committee Name: Watson Ranch / Napa Valley Ruins / Canyon States Steering Committee


September 16, 2013: The General Plan overview was presented with an overview of relevant policies. Discussion included a presentation on Watson Ranch / Town Center. This included a history of the site, project approaches and preliminary concepts. The Q&A discussion with the committee members dealt with “what if’s” and various proposals and impacts and very broad terms. The take away was a sense of next steps. The committee members were very engaged.

Committee Name: League of California Cities Annual Conference


September 18-20, 2013: The League General Assembly voted to approve the General Resolutions Committee resolutions Water Bond Funds and Public Safety Realignment. This is in alignment with the expressed interests of the American Canyon City Council as noted on the meeting September 17th. I also attended workshops on Infrastructure Financing – informative but has restrictive application for development. Water Supply Infrastructure gave a comprehensive overview of the challenges that the State and communities face in securing reliable water supplies and magnitude of maintaining, replacing and developing the water supply system. Take away for me is American Canyon needs to continue to explore all viable options. Attended that North Bay Division Reception. The newly elected officer were installed.

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CONSENT ITEM: 1

Page 1 of 3 City Council/Fire District Minutes – September 17, 2013

City of American Canyon CITY COUNCIL AND FIRE DISTRICT BOARD REGULAR MEETING

4381 Broadway, Suite 201 September 17, 2013

MINUTES

A. CALL TO ORDER Mayor Garcia called the meeting to order at 6:26pm. B. FLAG SALUTE C. ROLL CALL

Present: Council Members B. Bennett, J. Bennett, Joseph, Leary and Mayor Garcia Absent: None

D. REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION Attorney Ross noted that there was no reportable action taken on any of the items considered in Closed Session. E. CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE 54952.3: F. PROCLAMATIONS AND PRESENTATIONS

a. Proclamation Proclaiming September 15 - October 13, 2013 as National Hispanic Heritage Month

b. Recognition of Katharine Bourassa for her Service on the American Canyon Planning Commission from February 2, 2009 - August 31, 2013

c. Proclamation Declaring the Month of September 2013 as National Alcohol and Drug Addiction Recovery Month

G. MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS: Council Member Leary requested information regarding local restaurant usage and the health of the restaurants. James Cooper, Executive Director, American Canyon Chamber of Commerce noted that the Chamber had no statistical information but that he could say anecdotally that the restaurateurs do not feel that they receive the support of the community. Vice Mayor Joseph requested a future discussion regarding code enforcement. City Manager Shigley noted that at one of the meetings in October under discussion was the sign ordinance. She noted that would be a starting point. Council Member Leary asked that amplified sound also be considered. Council Member B. Bennett noted that the Napa County Board of Supervisors was considering unwinding the 1997 consolidated positions of the Registrar of Voters and the County Clerk. She requested that the City Clerk bring back information regarding the timeline for submitting a letter of position. Council Member J. Bennett spoke regarding meetings that she had attended including the Gateway Awards committee and the opening day of AYSO. She then requested that James Cooper, Executive Director, American Canyon Chamber of Commerce speak under Public Comment regarding the Affordable Care Act meeting that was held. Mayor Garcia also noted that he had attended the AYSO opening day ceremony. He also spoke regarding the Dia de Plata Ceremony recognizing the Hispanic community, Napa County Hispanic Network Annual Recognition Awards, and the Punjabi Diversity Celebration.

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CONSENT ITEM: 1


H. PUBLIC COMMENT: Kalvin Korft, Am Can, addressed the Council regarding the amplified music in his neighborhood. He noted that he had called the police on three separate occasions on each occasion he was told three different times that the music was allowed to be played. Mr. Korft requested that there be clarification on the time limits of amplified noise. Mayor Garcia requested clarification. Community Development Director Cooper noted that the City had adopted the County’s noise ordinance. City Manager Shigley stated that she would revisit this with Community Development Directory Cooper and Chief Donaldson and if there needed to be an amendment it could definitely be addressed. Arvind Nischal, Am Can, spoke regarding the upcoming Diwali Festival on October 19, 2013. Brenda Knight, Am Can, spoke regarding the Music in the Park. James Cooper, Executive Director, American Canyon Chamber of Commerce spoke regarding the Affordable Care Act changes that would be going into effect October 2013. He also spoke regarding the next Chamber Mixer at Adobe Lumber, Oktoberfest event, and an upcoming lunch with Senator Lois Wolk and breakfast series event titled Innovative Funding Forum. Sherry Tennyson, American Canyon Resource Center, spoke regarding programs and events at the Center including a community forum regarding Live Healthy Napa County. I. AGENDA CHANGES: Vice Mayor Joseph pulled item J.4 for separate consideration. J. CONSENT ITEMS: Motion by Council Member B. Bennett, seconded by Council Member J. Bennett, to approve the Consent Calendar including Resolution #2013-74, #2013-75, ACFPD #2013-08 and Item J.4 pulled for separate consideration. Motion carried unanimously. 1. Adopt a Resolution authorizing the City Manager to execute a contract amendment for $8,400

with Pacific Municipal Consultants to establish a Fair Share Impact Fee program for the Napa Junction/SR29 intersection reimbursement agreement and amend the FY 2013/14 budget to fund the additional professional services cost (Brent Cooper, AICP, Community Development Director) Action: Approved as Resolution #2013-74

2. Consideration of Minutes of the Regular City Council/Fire Protection District Board Meeting of September 3, 2013 (Rebekah Barr, MMC, City Clerk) Action: Minutes were approved

3. JOINT CITY/ACFPD - Adopt Resolutions approving appropriations limits for the City of American Canyon and the American Canyon Fire Protection District for fiscal year 2013-2014 (Susan Presto, Finance Manager, Sue Casey, Administrative Services Director, and Glen E. Weeks, Fire Chief) Action: Adopted as Resolution #2013-75 and ACFPD #2013-09

4. Adopt a Resolution authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of public works contract services (Dana Shigley, City Manager) Action: Item pulled for separate consideration. Approved as Resolution #2013-76

Vice Mayor Joseph stated that he pulled the item so that he could commend the City Manager and staff for the cost savings and sharing by partnering with the City of Napa.

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CONSENT ITEM: 1


City Manager Shigley and Interim Public Works Director LaRochelle gave an update on other ways that the Cities were collaborating. Motion by Vice Mayor Joseph, seconded by Council Member B. Bennett, to approve Resolution #2013-76 authorizing the City Manager to execute a Joint Powers Agreement with the City of Napa for the mutual provision of public works contract services. Motion carried unanimously. K. CONSENT ITEMS PULLED FOR DISCUSSION: See Items J.4 above. L. PUBLIC HEARINGS: None M. BUSINESS:

1. Adopt a Resolution approving the plans and specifications for the Annual Pavement Management System Project (TR12-0100), rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder Graham Contractors, Inc., in the amount of $272,665 and increasing the FY 2013/14 project budget by $133,245 (Jacques LaRochelle, P.E., P.L.S., Interim Public Works Director and Cheryl A. Braulik, P.E., Senior Civil Engineer) Action: Approved as Resolution #2013-77

Motion by Council Member J. Bennett, seconded by Council Member B. Bennett, to adopt Resolution #2013-77 approving the plans and specifications for the Annual Pavement Management System Project (TR12-0100), rejecting the low bid from Talley Oil, authorizing an agreement with the second low bidder Graham Contractors, Inc., in the amount of $272,665 and increasing the FY 2013/14 project budget by $133,245. Motion carried unanimously. N. MANAGEMENT STAFF ORAL REPORTS: City Clerk Barr announced that the City Clerk’s Office had been pre-approved to become a Passport Acceptance Agency. Community Development Cooper announced that the City had been awarded a CDBG Home Rehabilitation Grant in the amount of $250,000. Parks & Recreation Director Wright gave an update on the upcoming events in the Parks & Recreation Department and some policy changes that will be coming forward. O. GENERAL ANNOUNCEMENTS:

BOARDS and COMMISSIONS: Planning Commission: 4th Thursday of each month at 6:30 p.m. Parks & Community Services Commission: 2nd Thursday of each month at 6:30 p.m. Open Space Advisory Committee: 1st Wednesday of each month at 6:30 p.m.

P. ADJOURNMENT:

Meeting was adjourned at 7:45pm.

_______________________________ _______________________ Rebekah Barr, MMC, City Clerk Leon Garcia, Mayor

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CITY OF AMERICAN CANYON

COUNCIL AGENDA STAFF REPORT

Meeting Date: October 1, 2013

CONSENT ITEM: 2

SUBJECT:

Consideration of a Resolution of the City Council of the City of American Canyon Revising Resolution 2010-125 Implementing City of American Canyon Municipal Code Sections 2.40.010 et seq. entitled “Adoption of Conflict of Interest Code” SUBMITTED BY:

Rebekah Barr, MMC, City Clerk William D. Ross, City Attorney BACKGROUND AND ISSUES:

As the City Staffing has been recently restructured, it is necessary to update City Resolution #2010-125, the existing Conflict of Interest Resolution, implementing Municipal Code Sections 2.40.010 et seq. to include current City employees as well as applicable legal provisions.

Also, it is a requirement of the Political Reform Act that the City biennially reviews their code for any needed changes. This action will satisfy this requirement at this time.

FINANCIAL IMPACT:

None ENVIRONMENTAL DETERMINATION:

Not applicable.

STAFF RECOMMENDATIONS:

Adopt Resolution 2013- A Resolution of the City Council of the City of American Canyon Revising Resolution 2010-125 Implementing American Canyon Municipal Code Sections 2.40.010 et seq. entitled “Adoption of Conflict of Interest Code”.

Attachments:

1. Resolution 2013- A Resolution of the City Council of the City of American Canyon Revising Resolution 2010-125 Implementing American Canyon Municipal Code Sections 2.40.010 et seq. entitled “Adoption of Conflict of Interest Code”.

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RESOLUTION # 2013-___

A RESOLUTION OF THE CITY OF AMERICAN CANYON CITY COUNCIL REVISING RESOLUTION #2010–125 IMPLEMENTING CITY OF AMERICAN CANYON MUNICIPAL CODE SECTION 2.40.010

ENTITLED “ADOPTION OF CONFLICT OF INTEREST CODE” WHEREAS, the Political Reform Act of 1974 (“Act”), Government Code Section 81000 et seq., requires state and local government agencies including the City of American Canyon (“City”) to adopt and promulgate a Conflict of Interest Code pursuant to Government Code Section 87300 et seq.; and WHEREAS, the “Act”, in Government Code Section 87306.5 requires those same agencies to conduct a biennial review of their codes for any necessary changes; and WHEREAS, the Fair Political Practices Commission (“FPPC”) is authorized to implement the conflict of interest requirements of the Act through regulations which are set forth in set forth in Title 2, Division 6 of the California Code of Regulations, Sections 18700 et seq., (“FPPC Regulations”); and WHEREAS, the City Council, in compliance with the requirements set forth in the Act and the FPPC Regulations, adopted a conflict of interest code set forth in Sections 2.40.010 et seq. of Chapter 2 of the City Municipal Code which has been further implemented by the adoption of subsequent City resolutions; and WHEREAS, Government Code Section 87302 sets forth specific content required to be contained in Conflict of Interest provisions; and WHEREAS, the City incorporates Government Code Section 87302 and FPPC regulation 18730 into its Conflict of Interest Code by reference, setting forth provisions of the Code to include designated positions and disclosure categories; and WHEREAS, as consistency must be achieved between the Act and City regulations, it is necessary that the City modify Appendix A referenced in City Municipal Code Section 2.40.010; and WHEREAS, the City Council amends Appendix A to add designated employees who must make disclosures of financial interest in accordance with the disclosure categories as set forth in Appendix B; and WHEREAS, the terms of Title 2 of the California Code of Regulations Section 18730, and any amendments to it duly adopted by the FPPC are hereby incorporated by reference, and this resolution and attached Appendices shall constitute the City Conflict of Interest Code. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of American Canyon does hereby adopt this resolution and its Appendices. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 1st day of October, 2013, by the following vote. Mayor Garcia: _______ Vice Mayor Joseph: _______ Council Member J. Bennett: _______ Council Member B. Bennett: _______ Council Member Leary: _______

Leon Garcia, Mayor

ATTEST:

APPROVE AS TO FORM:

Rebekah Barr, MMC, City Clerk William D. Ross, City Attorney

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APPENDIX A

DESIGNATED POSITIONS AND PERSONS PERFORMING DESIGNATED SERVICES POSITION DISCLOSURE CATEGORIES Administrative Services Director All City Clerk 1, 2, 5, 6 Code Enforcement Officer 1, 2, 3, 4 Community Development Director 1, 2, 3, 4 Finance Manager All Information Systems Officer 1, 2, 5, 6 Police Chief 1, 2 Public Works Director All Public Works Superintendent All Senior Civil Engineer All Parks and Recreation Director 1, 2, 6 Wastewater Plant Operations Supervisor 1, 2, 5, 6 Wastewater Systems Manager 1, 2, 5, 6 Water Quality Lab Manager 1, 2, 5, 6 Water Systems Manager 1, 2, 5, 6

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APPENDIX B

DISCLOSURE CATEGORIES REPORTABLE INVESTMENTS, INTEREST IN REAL PROPERTY AND INCOME

Disclosure Category

1. All investments and sources of income.

2. All interest in real property.

3. All investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department.

4. Investments in business entities and business positions and sources of income which engage in land development, construction or the acquisition or sale of real property.

5. Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the City of American Canyon to provide services, supplies, materials, machinery, or equipment.

6. Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the designated employees’ department to provide services, supplies, materials, machinery, or equipment.

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VERIFICATION

I, Dana Shigley, have reviewed the City of American Canyon Conflict of Interest Code (the “Code”). The Code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories accurately require the disclosure of all investments, business positions, interest in real property, and sources of income that may foreseeably be affected materially be the decisions made by those holding the designated positions; and the Code includes all other provisions required by Government Code Section 87302.

______________________________ ___________________ Dana Shigley, City Manager Date

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C:\Users\cwalton\AppData\Local\Temp\AgendaManager\Staff Report Conflict of Interest Code.doc

AMERICAN CANYON FIRE PROTECTION DISTRICT BOARD AGENDA STAFF REPORT Meeting Date: October 1, 2013 CONSENT ITEM: 3 SUBJECT: Adopt Resolution 2013-09 A Resolution of the City of American Canyon City Council Sitting Ex Officio as the Board of Directors of the American Canyon Fire Protection District Adopting a Conflict of Interest Code. SUBMITTED BY: Glen Weeks, Fire Chief BACKGROUND AND ISSUES: The Political Reform Act of 1974 (“Act”), California Government Code Section 81000 et seq., requires state and local government agencies, including the American Canyon Fire Protection District (“District”) to adopt and promulgate a Conflict of Interest Code pursuant to Government Code Section 87300 et seq. The District presently does not have a Conflict of Interest Code although the same substantive requirements have been, and are, included within District Standard Operating Guideline 100.9. FINANCIAL IMPACT: None ENVIRONMENTAL DETERMINATION: Not applicable. ALTERNATIVES/IMPACTS: None applicable STAFF RECOMMENDATIONS: Approve Resolution No. 2013- 09 A Resolution of the City of American Canyon City Council Sitting Ex Officio As the Board of Directors of the American Canyon Fire Protection District Adopting a Conflict of Interest Code. Attachments: Resolution 2013-09 A Resolution of the City of American Canyon City Council Sitting Ex Officio as the Board of Directors of the American Canyon Fire Protection District Adopting a Conflict of Interest Code.

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1

RESOLUTION NO. 2013-09

A RESOLUTION OF THE CITY OF AMERICAN CANYON CITY COUNCIL SITTING EX OFFICIO AS THE BOARD OF DIRECTORS OF THE AMERICAN CANYON FIRE PROTECTION DISTRICT

ADOPTING A CONFLICT OF INTEREST CODE

WHEREAS, the Political Reform Act (“Act”), Government Code Section 871001 et seq., provides that no public official at any level of state or local government shall make, participate or in any way attempt to use his or her official position to influence a government decision in which he or she knows or has reason to know that he or she has a financial interest; and,

WHEREAS, the Act requires state and local government agencies to promulgate and adopt conflict of interest codes; and,

WHEREAS, the Fair Political Practices Commission (the “FPPC”) is authorized to adopt

regulations which implement the Act including Title 2 Cal. Code Regs. Section 18730 which contains the terms of a standard conflict of interest code and is hereby incorporated by reference with any amendments to it, duly adopted by the FPPC.

WHEREAS, this resolution and attached Appendices shall constitute the Conflict of

Interest Code (“Code”) of the American Canyon Fire Protection District (“District”).

NOW, THEREFORE BE IT RESOLVED that the District Board of Directors does adopt the following Code.

Section 1: Purpose.

Pursuant to the provisions of Section 87300, et seq., the District hereby adopts the following Code. Nothing contained herein is intended to modify or abridge the provisions of the Act. The provisions of this Code are additional to the provisions of Section 87100 and other laws pertaining to conflicts f interest. Except as otherwise indicated, the definitions of said Act and regulations and regulations adopted pursuant thereto are incorporated herein and this Code shall be interpreted in a manner consistent therewith.

Section 2: Designated Positions.

The District incorporates Section 87302 into its Code by reference, setting forth provisions of the Code to include designated positions and disclosure categories. The positions listed on Exhibit “A” are designated positions. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of decisions, which may foreseeable have a material effect on a financial interest.

Section 3: Disclosure Statements.

1 All Code references are to the Government Code unless indicated otherwise.

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2

Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit “B”. Each designated employee shall file an annual statement disclosing that employee’s interest in investments, real property and income, designated as reportable under the category to which the employee’s positions is assigned on Exhibit “B”.

Section 4. Place and Time of Filing. (a) All employees required to submit a statement of financial interest shall file the

original with the Clerk of the District who shall make statements available for public inspection and reproduction. (Section 81008)

(b) An initial statement shall be filed by each designated employee within thirty (30)

days after the effective date of the Code. (Section 87302(b)) (c) Each new designated employee shall file a statement within thirty (30) days after

being employed disclosing investments, business positions, and interests in real property held on the effective date of the Code and income received during the 12 months before the effective date of the Code. (Section 87302(b))

(d) Each designated employee shall file an annual statement on September 1 of each year

disclosing reportable investments, business positions, interest in real property, and income held or received at any time during the previous calendar year or since the date the designated employee became employed if during the calendar year. (Section 87302(b))

(e) Every designated employee who leaves employment shall file, within thirty (30) days

of leaving employment, a statement disclosing reportable investments, business positions, interest in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving employment. (Section 87302(b))

(f) An individual who resigns their position within 12 months following initial

appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following: (1) File a written resignation with the appointing power. (2) File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during

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the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (Section 87302(d))

Section 5. Contents of Disclosure Statement.

Disclosure statements shall be made on forms supplied by the District and shall contain the following information:

(a) Contents of Investments or Interest in Real Property Reports: Consistent with Section 87206, when an investment or an interest in real property is required to be disclosed, the statement shall contain:

(1) A statement of the nature of the investment or interest. (2) The name of the business entity in which each investment is held,

and a general description of the business activity in which the business entity is engaged.

(3) The address or other precise location of the real property.

(4) A statement whether the fair market value of the investment or

interest in real property equals or exceeds two thousand dollars ($2,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), whether it exceeds one hundred thousand dollars ($100,000) but does not exceed one million dollars ($1,000,000), or whether it exceeds one million dollars ($1,000,000).

(5) For the purposes of disclosure, “interest in real property” does not

include the principal residence of the filer or any other property which the filer utilizes exclusively as his/her personal residence.

(b) Contents of Income Reports: Consistent with Section 87207(a), when income is

required to be reported, the statement shall contain:

(1) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

(2) A statement whether the aggregate value of income from each

source, or in the case of a loan, the highest amount owed to each

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source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000).

(3) A description of the consideration, if any, for which the income

was received.

(4) In the case of a gift, the amount and the date on which the gift was received.

(5) In the case of a loan, the annual interest rate, the security, if any,

given for the loan and the term of the loan.

(6) When a payment, including an advance or reimbursement, for travel is required to be reported, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interest. A filer who chooses not to sue the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. (Section 87207(c))

(c) Contents of Business Entity Income Reports: Consistent with Section 87207(b),

when the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain:

(1) The name, address, and a general description of the business

activity of the business entity; (2) The name of every person from whom the business entity received

payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.

(3) When a payment, including an advance or reimbursement, for

travel is required to be reported, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the

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5

payments for the travel, in which case the travel may be reported as income. (Section 87207(c))

(d) Contents of Business Positions Reports: When business positions are required to

be reported, designated employees shall list the name of each business entity not specified above in which they are a director, officer, partner, trustee, employee or in which they hold any position of management.

(1) Consistent with Section 87209, "business position" means any

business entity in which the filer is a director, officer, partner, trustee, employee, or holds any position of management, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction or has done business in the jurisdiction at any time during the two years prior to the date the statement is required to be filed.

(e) Acquisition of Disposal During Reporting Period. If an investment or interest in

real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal is to be included.

Section 6. Disqualification.

Consistent with Section 87302(c), designated employees must disqualify themselves from making or participating in the making of any decisions in which they have a reportable financial interest, when it is reasonably foreseeable that such interest may be materially affected by the decision. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. Section 7. Effective Date. This Code, unless otherwise provided by the Act, shall become effective upon the date of approval and ratification by the City Council for the City of American Canyon sitting ex officio as the District Board of Directors.

APPROVED AND ADOPTED this 1st day of October, 2013 by the following vote.

Chairman Garcia: _____________ Vice Chair Joseph: _____________ Board Member B. Bennett: _____________ Board Member J. Bennett: _____________ Board Member : Leary _____________

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6

Leon Garcia, Chairman

ATTEST: APPROVED AS TO FORM

Glen E. Weeks, District Chief Clerk to the Board

William D. Ross, District Counsel

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7

EXHIBIT “A”

DESIGNATED POSITIONS AND PERSONS PERFORMING DESIGNATED SERVICES POSITION DISCLOSURE CATEGORIES Fire Chief All

Assistant Fire Chief All Fire District Legal Counsel All

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8

APPENDIX “B”

DISCLOSURE CATEGORIES General Rule.

An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.

Designated Employees in Category “1” must report:

All investment, interests in real property and income, and any business entity in which the person is a director, officer, partner, trustee, employee or holds any position of management. Financial interests are reportable only if located within American Canyon Fire Protection District (“District”) or if the business entity is doing business or planning to do business in the District (and such plans are known by the designated employee) or had done business with the District at any time during the two years prior to filing of the statement.


Investments in any business, entity, and income from any source and status as a director, officer, partner, trustee, employee or holder of a position of management in any business entity, which has within the last two years contracted, or foreseeably may contract with the District to provide services, supplies, materials, machinery, or equipment to such District.


All investments, interests in real property, and sources of income subject to the regulatory, permit and/or inspection authority of the District.


Investments in any business entity and income from any source and status as a director, officer, partner, trustee, employee or holder of a position of management in any business entity, which has within the last two years contracted, or foreseeably may contract, with the District, to provide services, supplies, materials, machinery and equipment, including, but not limited to, emergency services coordination, information technology equipment, firefighting equipment or supplies, engineering or architectural services of the type utilized by the District.

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CITY OF AMERICAN CANYON COUNCIL AGENDA STAFF REPORT Meeting Date: October 1, 2013 BUSINESS ITEM: 1 SUBJECT:

Consider taking a Position or Remaining Silent as a Body regarding the Napa County Board Appointment of the Registrar of Voters SUBMITTED BY:

Rebekah Barr, MMC, City Clerk BACKGROUND AND ISSUES:

At the City Council Meeting of September 17, 2013, the Council requested additional information regarding the unwinding of the consolidation that took place in 1997 when Napa County consolidated the offices of the Registrar of Voters with the Assessor, Recorder, and County Clerk positions. The request was that the City Clerk bring back a timeline by which the City Council must take a position or make a decision to remain silent in regards to the Napa County Board appointment of the Registrar of Voters. There was some question as to whether the separation would require a vote of the people. At their meeting of September 17, 2013, the Napa County Board of Supervisors was presented a report outlining the necessary steps to enact a separation of the Registrar of Voters and whether a vote of the people was required. Below are some of the facts from Mr. Minh C. Tran’s (County Counsel) staff report (a copy of which is attached).

California Government Code section 24301, allows the Board of Supervisors to separate duties by ordinance. Effective in 2009, Napa County was added to Government Code section 26802.5, which specifically allows separation of the duties of the Registrar of Voters from the elected County Clerk officer.

If the consolidated duties each have to be performed by an elected official, any separation must occur at the end of the elected official’s term in order to preserve the vote of the people. (Connolly v. County of Orange (1992) 1 Cal.4th 1105; People v. Langdon (1976) 54 Cal.App.3d 384, 390)

Duties not required to be performed by an elected official may be separated from that position at any time. The ROV is not a statutorily elected position; however the county clerk, which is an elected position, is statutorily required to perform the duties of the ROV unless the ROV duties are separated by ordinance. (Anderson v Superior Court (1995) 11 Cal.4th 1152)

The reasoning in Anderson regarding actual or constructive notice of the law by the voters would also authorize the separation of the ROV’s duties mid-term.

Since the current term of the Assessor/Recorder/County Clerk ends in January 2015 and the election to select the next Assessor/Recorder/County Clerk is scheduled to occur June 3, 2014, the Board would need to enact an implementing ordinance separating the duties of the ROV and the County Clerk prior to December 27, 2013.

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2

The recommended outside timeline for enacting the ordinance that will take effect not later than December 27, 2013, is as follows:

November 12 - Regular meeting of the Board – first reading of the ordinance

November 26 - Regular meeting of the Board – second reading

Publication of the ordinance or a summary of it within 15 days of the adoption of the ordinance (Government Section 25124)

December 26 – ordinance is effective (30 days after its passage pursuant to Government Section 25123)

The Board of Supervisors will consider the matter at a study session on October 22, 2013 at 9:15 a.m. If the City Council would like to make any comments for inclusion in the agenda package, they should be submitted by October 7, 2013. Of course, individual Council members may also attend that study session to offer comments or ask questions.

FISCAL IMPACT: None ENVIRONMENTAL DETERMINATION: None STAFF RECOMMENDATIONS/ALTERNATIVES:

1. The Council may choose to take a position collectively to either support or oppose the proposal to remove the ROV function from the office of the Assessor/Recorder/Clerk. The Council’s action tonight to support or oppose the proposal would be relayed to the County via a position letter.

2. If the Council wants to take a collective position, the Council could also delay consideration of that the matter until the regular November 5 Council meeting, allowing Council members to participate in the Board’s study session on October 22 before making a decision. Any action taken by the City Council on November 5 could be relayed to the Board before their November 12 meeting when the BOS will consider taking action on an ordinance.

3. The Council may choose tonight to avoid taking a collective position, and instead allow each member to individually express their interests at the study session, first reading, or any other opportunity as appropriate.

Attachments: County Counsel Staff Memo to Napa Board of Supervisors

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NAPA COUNTY COUNSEL Minh C. Tran, County Counsel

1195 3rd Street, Suite 301 Napa, CA 94559

www.co.napa.ca.us

Main: (707) 253-4521 Fax: (707) 259-8220

To: Board of Supervisors From: Minh C. Tran, County Counsel Janice D. Killion, Deputy

Date: September 17, 2013 Re: Board Appointment of Registrar of Voters

The manner in which the Board of Supervisors may separate the duties and responsibilities of county officers is set forth in California Government Code section 24301, which allows the Board to separate duties by ordinance. Effective in 2009, Napa County was added to Government Code section 26802.51, which specifically allows separation of the duties of the Registrar of Voters from the elected County Clerk officer. Case law firmly holds that if the consolidated duties would each have to be performed by an elected official, any separation must occur at the end of the elected official’s term in order to preserve the vote of the people. (Connolly v. County of Orange (1992) 1 Cal.4th 1105; People v. Langdon (1976) 54 Cal.App.3d 384, 390) On the other hand, duties not required to be performed by an elected official may be separated from that position at any time. For instance, the duty of purchasing agent could be performed by someone other than the clerk of the board, and duties of the clerk of the superior court could be performed by someone other than the county clerk. (Anderson v Superior Court (1995) 11 Cal.4th 1152)

The separation of the superior court clerk and county clerk positions is analogous to our Registrar of Voter (ROV) situation. By statute, the duties of superior court clerk were performed ex officio by the elected county clerk, however statutes also allowed a local superior court to separate the court clerk duties and assign them to court personnel. As stated in Anderson, supra “No provision of law requires that the person assigned the duties of superior court clerk be elected to perform those duties. It follows that the duties of superior court clerk may be transferred under local rule . . . to another county officer before expiration of petitioner's term.”

The ROV is not a statutorily elected position; however the county clerk, which is an elected position, is

statutorily required to perform the duties of the ROV unless the ROV duties are separated by ordinance. It is arguable, then, that the ROV duties may be separated from the county clerk at any time pursuant to Anderson.

The remaining question is that whether or not the ROV is so combined with the County Clerk that

separating the duties would infringe on the electorate’s choice of the ROV. The Anderson court noted that the

1 § 26802.5. Appointment and duties of registrar of voters in certain county; County clerk not ex officio registrar In the Counties of El Dorado, Imperial, Kings, Lake, Marin, Merced, Monterey, Napa, Riverside, San Joaquin, Solano, and Tulare, a registrar of voters may be appointed by the board of supervisors in the same manner as other county officers are appointed. In those counties, the county clerk is not ex officio registrar of voters, and the registrar of voters shall discharge all duties vested by law in the county elections official that relate to and are a part of the election procedure.

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Board of Supervisors Re: Separation of ROV duties September 17, 2013 Page 2 of 2

cc/doc/rov/separation of duties

existence of the statutory authority to split the court clerk duties from the county clerk duties was presumably known by both the county clerk and the voters: “Each county clerk would have run for and, if successful, taken office with actual or constructive notice of … (the law governing the county clerks’ duties) and its possible effect upon them during their term of office, as would each voter who, like county clerks and all the rest of us, are presumed to know the law." The above reasoning in Anderson regarding actual or constructive notice of the law by the voters would also authorize the separation of the ROV’s duties mid-term.

Timeline if ROV duties were separated at the end of the current term:

The current term of the Assessor-Recorder-County Clerk ends in January of 2015. The election to select the next Assessor-Recorder-County Clerk is scheduled to occur June 3, 2014. Therefore, if the Board wishes to separate the duties of the ROV and the County Clerk prior to the next election cycle, it would need to enact an implementing ordinance prior to December 27, 20132, This approach will ensure the required ordinance will be in effect prior to the date nomination papers for the consolidated position of Assessor-Recorder-County Clerk must be made available and avoids any argument that once nomination papers are taken out for the position of Assessor-Recorder-County Clerk, the positions of County Clerk and ROV cannot be separated until the end of the term which would be January of 2019. The actual separation of duties would not take place until the end of 2014, when the current office expires. The recommended outside timeline for enacting the ordinance that will take effect not later than December 27, 2013, is as follows:

November 12 regular meeting of the Board – first reading of the ordinance November 26 regular meeting of the Board – second reading Publication of the ordinance or a summary of it within 15 days of the adoption of the ordinance

(Government Section 25124) December 26 – ordinance is effective (30 days after its passage pursuant to Government Section 25123)

Please advise if you need anything further regarding this matter or wish further analysis of the manner in which the County Clerk, County Recorder or County Assessor could be reconstituted as one or more separate offices.

2 Pursuant to Elections Code Section 8020, the first date that nomination forms must be made available is 113 days prior to the June 3, 2014 election date. Elections Code Section 8016 requires petitions with signatures in lieu of filing fee be made available 45 days prior, for a total of 158 days prior to the June election, which is December 27, 2013.

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CITY OF AMERICAN CANYON COUNCIL AGENDA STAFF REPORT Meeting Date: October 1, 2013 BUSINESS ITEM: 2

SUBJECT:

Workshop to discuss the Highway 29 Corridor Priority Development Area (PDA) planning efforts. SUBMITTED BY:

Brent Cooper, AICP, Community Development Director

BACKGROUND AND ISSUES:

Background: The Priority Development Area (PDA) program was created by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) with support from the Bay Area Air Quality Management District (BAAQMD), and San Francisco Bay Conservation and Development Commission (BCDC). The PDA program is the centerpiece of the Bay Area Sustainable Communities Strategy which focuses the region’s future growth into neighborhoods that local governments have self-nominated for development. For this reason, local jurisdictions that are designated as a PDA are eligible for existing and future financial assistance for planning and infrastructure improvements. According to ABAG, $7.5 million have been made available to PDAs for planning grants and $10 million in additional grants will be made available in the coming years. There are two different types of PDA designations - a potential PDA, and a planned PDA. The main difference between these two PDA designations is that a potential PDA needs assistance with site specific planning. This could include a specific plan, area plan, master plan, or more detailed section of the general plan that has been adopted by the city council, and related California Environmental Quality Act (CEQA) review. Planned PDAs already have a more detailed PDA plan and have the necessary zoning and general plan updates so that all planning documents and development regulations are consistent, and the necessary CEQA review has been completed. In 2009, the City Council authorized the submittal of a potential PDA designation for the Mixed Use Corridor along Highway 29, including the properties that abut Highway 29 from the City’s southern limits to just north of Green Island Road. The Mixed Use Corridor designation reflects the fact that Highway 29 is a major transportation corridor through our City and the Community Commercial zoning that abuts most of the corridor has allowed mixed use development since at least early 2000. A copy of the Highway 29 PDA map is included as Attachment 1. The PDA application covers 225 acres and envisions a net increase of 380 dwelling units within the PDA consistent with the adopted General Plan Housing Element. By September of 2010, the ABAG/MTC Joint Policy Committee approved the Highway 29 Corridor PDA designation. A copy of the PDA application is included as Attachment 2.

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Agenda Report Highway 29 Specific Plan With the approval of the PDA designation, the City has been successful in obtaining access to new planning and infrastructure grant funds. These include a $318,000 block grant from Caltrans to fund development of a Specific Plan for the PDA, a second planning grant from MTC for $475,000, and a $1.15 million One Bay Area Grant (OBAG) for the extension of Eucalyptus Drive from Theresa Avenue to Highway 29. Proposed Specific Plan Scope With grant funds available from Caltrans and MTC, the City has an opportunity to develop a detailed Specific Plan for the Highway 29 PDA with extensive public outreach. A Specific Plan is a tool that effectively links general plan policies with individual development proposals for a defined area by providing guidance on many facets of development from the type, location, and intensity of uses, to the design and capacity of infrastructure, resources to finance public improvements, and design guidelines for new construction. As a condition of receiving the MTC grant funds, the specific plan must include 11 Planning Elements. These elements consist of:

Priority Development Area (PDA) Profile Community Involvement Plan Land Use Alternatives Analysis Land Use Market Demand Analysis Affordable Housing and Anti-Displacement Strategy Multimodal Access & Connectivity Strategy Plan Pedestrian-Friendly Design Standards Accessible Design Parking Policy and Management Plan Infrastructure Development and Budget Implementation Plan and Financing Strategy

In addition to the above elements, staff proposes to include the following study components:

Prepare an environmental assessment (EA) consistent with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)

Infrastructure master plans (water, wastewater, etc.) Update the General Plan Housing Element

Adoption of a specific plan for the Highway 29 PDA can serve as an economic development tool because it takes the guesswork out of what types of development is feasible and provides a program to provide needed infrastructure. Including environmental review can improve certainty and save time and money for the development community by significantly reducing the scope of environmental review required for many development projects. Conducting NEPA review of the plan improves the city’s chances to qualify for Federal grant funds. A more thorough description of the MTC planning elements is included as Attachment 3. The Planning Elements from the MTC and staff will comprise the scope of work for the Highway 29 PDA Specific Plan. Approach The proposed scope of work will address a variety of important issues for a new vision for the Highway 29 PDA. Some of these issues include design guidelines, building heights, setbacks, a review of the number of dwelling units to accommodate in the PDA, vehicle access points to Highway 29, and minimum site size requirements. While seeking a better vision is necessary, it is important that the plan be realistic. The planning elements in the scope of work such as the Land Use market demand analysis, land use alternative

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Agenda Report Highway 29 Specific Plan analysis, infrastructure master plans, implementation plan and financing strategy will provide critical information on the feasibility of the proposed Specific Plan. The plan also includes extensive public outreach to the property owners within the PDA and the community at large. Specific Plan Benefits Successful accomplishment of a Specific Plan for the Highway 29 PDA will provide distinctive benefits to the City and property owners such as:

A new plan will improve certainty for the development community because the type and density of development has been vetted by the community and feasibility studies.

Improvements in development certainty should result in higher property values. Adding housing to the PDA will increase nearby customers for local retail services and

restaurants. The Specific Plan will work in tandem with improvements to Highway 29 to beautify the “face

of the city”. The Specific Plan will improve the City’s ability to obtain infrastructure grants from regional

agencies. Providing a complete community (a community with jobs, housing, services, and transit close

to each other) will help constrain development pressure on agricultural land in Napa County. Providing a complete community will reduce vehicle miles travelled (VMT) and demonstrate

the City’s contribution to the regional Sustainable Community Strategy to reduce greenhouse gas emissions (GHG) in the Bay Area.

RELATED PLANNING EFFORTS:

Circulation Element The quality of the sensory experience and development potential of properties along Highway 29 are clearly dominated by the speed and volume of traffic along the highway. In early 2013, the City updated the Circulation Element with a Complete Street approach to Highway 29 that includes a landscape median, one additional travel lane in each direction, separated on-street bicycle lanes, sidewalks, three pedestrian crossings, and landscaping with conventional at-grade intersection design. A diagram depicting the approved cross section for Highway 29 is included as Attachment 4. Highway 29 Corridor Study The Napa County Planning and Transportation Agency (NCTPA) obtained a Caltrans Community Based Transportation Grant to conduct a corridor study for Highway 29 from Highway 37 to Trancas Street in the City of Napa. Fully 2/3 of the planning effort was intended to focus on context-sensitive design solutions within the American Canyon PDA. Initial community outreach efforts favored a boulevard design for the highway between American Canyon Road and Napa Junction Road. This design includes a 6-lane configuration with four express travel lanes for through traffic in the center of the right-of-way (2 in each direction) and one outside lane in each direction for local traffic and on-street parallel parking separated by a landscaped median. Technical aspects of the design are still being reviewed by American Canyon staff and Caltrans so it is subject to modification before the study is complete. PDA Growth and Investment Strategy As part of implementing the One Bay Area Grant (OBAG) Program, each Congestion Management Agency is required to prepare a PDA Investment and Growth Strategy plan. Our local Congestion Management Agency is the NCTPA. The purpose for the Investment and Growth strategy plan is to guide Congestion Management Agencies, such as NCTPA, to closely monitor land use policies and development within PDAs to help achieve the goals of Plan Bay Area such as reduction of GHG and encouraging transit oriented development. Topics addressed in the PDA assessment may include: current development status, pipeline projects, investment strategies, community support, transportation assets, bike and pedestrian infrastructure,

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Agenda Report Highway 29 Specific Plan incentives to attract market development, etc. The Investment and Growth strategy is a new requirement for the NCTPA, therefore the PDA Investment and Growth Strategy document at this time focuses primarily on the existing conditions of the PDAs within Napa County and what future transportation infrastructure and strategies are needed to help PDAs meet its goals. In the coming years, the PDA Investment and Growth Strategy plan will take on greater importance in developing guidelines for prioritizing OBAG funds that support multi-modal transportation based on connections to housing, jobs and commercial activity. The current NCTPA Investment and Growth plan can be viewed at the following website: http://bit.ly/1fFc8yl. Community Visioning The City is currently undergoing a Community Visioning process brings people together to develop a shared image of what they want their community to become. The visioning team is seeking broad and representative community input from anyone who has a stake in American Canyon's future. Community Outreach meetings with local organizations, groups, clubs, etc, have already occurred and anyone who has a stake in American Canyon's future may participate. At the conclusion of this effort at the end of 2013, the City will adopt a Strategic Plan that will guide the City Council’s budgeting priorities for several years. To learn more about the Community Visioning process or to sign up for further information, visit the City’s website at: http://bit.ly/19DbKvl. NEXT STEPS:

Unless otherwise directed by Council, staff will commence with issuing a Request for Proposals (RFP) for a consultant team to prepare the Specific Plan and technical studies as discussed in this staff report. FISCAL IMPACT:

Costs associated with preparing the specific plan will be provided through grant funds and local matching funds that were included in the Fiscal Year 2013/14 budget. COUNCIL PRIORITY PROJECTS AND PROGRAMS:

Preparation of a Specific Plan for the Highway 29 PDA was identified as one of the top Council priorities for Fiscal Year 2013/14.

ENVIRONMENTAL DETERMINATION:

The Specific Plan will require preparation of environmental review in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). ALTERNATIVES/IMPACTS:

Not applicable. STAFF RECOMMENDATIONS:

1. Receive and file staff report 2. Provide direction to staff at the Council’s discretion.

Attachments:

1. Highway 29 Mixed Use Corridor PDA map 2. PDA Application

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Agenda Report Highway 29 Specific Plan

3. Proposed Specific Plan Scope of Work 4. Approved Cross Section for Highway 29

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Application for Priority Development Area Designation

FOCUS is a regional, incentive-based development and conservation strategy for the San Francisco Bay Area. FOCUS is led by the Association of Bay Area Governments and the Metropolitan Transportation Commission in coordination with the Bay Area Air Quality Management District and the Bay

Conservation and Development Commission. It is partially funded by a regional blueprint planning grant from the State of California Business, Transportation, and Housing Agency.

www.bayareavision.org

October 2009

Enter information in the spaces provided and submit the requested attachments.

Part 1 - APPLICANT INFORMATION & AREA DETAILS Attach resolution showing local support for involvement in FOCUS

a. Lead Applicant -City/County City of American Canyon, Napa County Contact Person Brent Cooper, AICP Title Director Department Community Development Department Street Address 4381 Broadway, Suite 201 City American Canyon Zip Code 94503 Phone Number 707-647-4335 Fax Number 707-643-2355 Email [email protected]

b. Area Name and Location

Highway 29 Corridor

c. Area Size (minimum acreage = 100)

225 acres

d. Public Transit Serving the Area (existing and planned)

NCTPA

e. Place Type (Identify based on the Station Area Planning Manual)

Mixed Use Corridor

Part 2 – AREA INFORMATION

A spreadsheet for entering area information on demographics, housing, and land use is provided. Please complete these worksheets with all currently available information and attach.

Part 3 – ADDITIONAL AREA INFORMATION

Yes No a. Is the proposed priority area currently recognized in the General Plan (i.e., called out as TOD, infill etc.)? b. Have other plans (any targeted planning efforts including specific plans, precise plans, area plans, and

supporting environmental studies) been developed within the last 15 years that cover the priority area? Note: If yes, please attach brief list of individual planning efforts and date completed. c. Is the proposed priority area within the boundaries of a redevelopment area?

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FOCUS Application for Priority Development Area Designation

Page 2 of 2 October 2009

Part 4 – MAP OF PRIORITY DEVELOPMENT AREA

Attach a map showing the proposed boundaries of the potential priority area and any other relevant information for land uses, transit, etc. Photos of current conditions in the priority area are optional.

Part 5 – NARRATIVE

Attach separately a maximum two-page (8½ x 11 with 12 point font) narrative that addresses the following questions and provides any other relevant information.

What is the overall vision for this area? What has to occur in order to fully realize this vision? What has occurred there recently (past 5 years)? Describe

relevant planning processes, and how the needs of community members were addressed. Describe how this priority area has the potential to be a leading example of smart growth for the Bay Area.

Part 6 – POTENTIAL ASSISTANCE REQUESTED (check all that apply) Note: Assistance is not being offered at this time. This information will aid the development of a

tools and incentives package for designated areas.

TECHNICAL ASSISTANCE

Assistance with policies to implement existing plan Assistance with photosimulations to depict future conditions Assistance with local workshops and tours Other:

REQUEST FOR PLANNING GRANTS

Funding for new area-wide specific plan or precise plan Funding to update existing area-wide specific plan or precise plan Funding for EIR to implement existing area-wide plan Other:

REQUEST FOR CAPITAL GRANTS

Funding for transportation projects (including pedestrian/bicycle) Funding for housing projects Funding for water/sewer capacity Funding for parks/urban greening Funding for streetscape improvements Other:

Part 7 – INFRASTRUCTURE BUDGET FOR PRIORITY AREA

Please attach a budget that details the types of infrastructure improvements that will be needed in order to realize the vision for the priority area. This budget can include transportation, housing, road repairs, water/sewer capacity, parks and other critical amenities. A sample budget is provided for guidance.

E-mail this completed application form and attachments requested to [email protected]. In addition to electronic submission, mail one hard copy of this application and attachments requested in this application form to the following address:

Association of Bay Area Governments P.O. Box 2050 Oakland, CA 94604-2050 Attn: Jackie Guzman

For questions regarding the application, please contact Jackie Guzman, ABAG Regional Planner, at [email protected] or 510-464-7994.

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PDA Name: Highway 29 Corridor

PDA Jurisdiction: American Canyon

Data for the PDA 20082035 – Local Planning

AssumptionsPopulation 789 1,891

Household Population 789 1,891

Total Housing Units 272 652

Single-Family 56 46

Multi-Family 216 606

Persons per Unit 2.90 2.90Employed Residents 506 1,212

Mean Household Income $51,738 $76,400

Total Jobs 593 1,993

Data Sources: Department of Finance2000 CensusCity of American Canyon General PlanABAG Projections 2009

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Part 3 – Additional Information

Other Plans Developed in the Last 15 Years: Highway 29 Corridor Economic Development Plan (2002) Highway 29 Corridor Revitalization study BMS Design Group (2004)

43

1

Envision Highway From A

MEAN Street to a Main Street

Architectural Standards and Personal Space

Mixed Use Zoning Pedestrian Trails, Recreation

Wine Country Lodging Economic Activity

44

2

Bicycle Paths Infrastructure

Regional Traffic Goods Movement

Auto Only Zone Pedestrian/Bicycle Access

45

3

Disconnected Sidewalks Vacant and Underutilized Sites

Properties in Transition Overhead Utilities

Roa

dway

Im

prov

emen

ts

Bic

ycle

Tra

il Im

prov

emen

ts

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Part 5. HIGHWAY 29 CORRIDOR: Application for Priority development Area, City of American Canyon, CA What is the overall vision for this area? Highway 29 is the “face” of American Canyon to its residents and visitors. The corridor is characterized by fresh, new shopping centers, high density residential, hotels, as well as vacant property, and outdoor storage retail uses, originally built in the 1970’s as a 4-lane divided regional highway, Highway 29 remains essentially the same configuration today. Even thought American Canyon experienced significant growth in residential and commercial services over the past 10 years, the majority of vehicles on the highway carry single occupant vehicle commuter traffic from outside the community. The speed and volume of Highway 29 traffic coupled with a lack of cohesive pedestrian, bicycle routes and landscaping creates a “vehicle-only” zone that divides the community and discourages smart growth principles. Because of Highway 29’s importance to the City, the City Council in 2008 adopted a Goal to create a new vision for Highway 29. In August 2009, the City Council adopted a strategy for a new Highway 29 vision. Highway 29 Corridor Vision:

• Highway 29 is a thriving retail, service and residential hub for the community with new open space and gathering places and well-integrated circulation for pedestrians, bicyclists and vehicles.

• Highway 29 will provide opportunity for new and unique businesses and catalyst projects.

• Highway 29 will continue to function as the primary north/south automobile route for residents and commuters while also providing well integrated travel lanes and pathways for pedestrians and cyclists.

• Improvements will be made along the corridor to enhance pedestrian and cycling opportunities and safety along the busy corridor. East-west vehicle, pedestrian, and bicycle connectivity will be improved to breach the divide and provide greater safety for shopping and west-side student access to the new High School on the east side of town.

• Traffic calming measures replace the “stop and go” experience on Highway 29 with a slower, and even travel speed through intersection improvements, highway beautification, and fewer individual curb cut access ways.

• Mixed use and higher density residential projects along the corridor will boost transit ridership to Bart stations in the East Bay, the Vallejo Ferry to San Francisco, and to local wine industry jobs in American Canyon, the Napa Airport Industrial Park, and North County.

What has to occur to fully realize this vision? To fully realize this corridor vision, streetscape improvements, bicycle facilities and other public infrastructure will need to be designed and installed. Transit service, park and ride lots, and waiting areas would need to be enhanced. Significant outreach effort with local stakeholders, NCTPA, Caltrans will be needed to reconcile the dual function of Highway 29 as a local retail core and commuter and goods movement portal. Market

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research is needed to fully realize the land use opportunities for vacant and underutilized properties with highway visibility. What has occurred there recently (past five years)?

• American Canyon high school is under construction on the east side of town and will draw students from neighborhoods west of Highway 29

• The zoning code was amended to permit mixed use and high density housing on the Highway 29 corridor

• Three new centers were constructed that provide retail services, a hotel, a public park, a pedestrian/bicycle path segment, and civic uses.

• The nation’s first Gold LEED Certified Hotel and a new carwash were constructed.

• City Hall was relocated to a new office building on Highway 29. • New signals were installed on Highway 29 at: Donaldson Way, Eucalyptus Drive,

and Napa Junction Road • Two shopping centers and a condominium development were approved • Caltrans is making pedestrian improvements to the crosswalk at Rio del Mar.

Describe relevant planning processes, and how the needs of community members were addressed. The City commenced outreach efforts on the Citywide Circulation study which will lead to recommendations on future circulation improvements and funding for Highway 29. The City Council approved a strategy for updating the vision for Highway 29. This effort will include significant community outreach. The NCTPA recently approved a smart growth planning document entitled “Napa’s Transportation Future”. The NCTPA held local outreach meetings and worked extensively with the city of American Canyon on this document. The City signed an agreement with the County Board of Supervisors to modify and reduce the City’s Urban Limit Line. This agreement will focus urban development in American Canyon: Describe how the priority area has the potential to be a leading example of smart growth in the Bay Area Recent investment in new shopping centers has upgraded the community‘s image. The Corridor’s location within the Napa County famed wine country provides market opportunities. The existence of a significant amount of vacant and underutilized property coupled with mixed use zoning, and close-in location to the East Bay and Solano County provide a framework for significant reinvestment in the corridor. The presence of a lightly used rail corridor offers the potential for rail transit connections from American Canyon to north Napa County and south to Vallejo. Appropriate and integrated mixed use development on Highway 29 will support and enhance smart-growth development in the anticipated Town Center project located adjacent to and east of the Highway 29 corridor.

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FOCUSApplication for Priority Development Area Designation

Sample Infrastructure Budget for Part 7 of the Application

ACTION TIMELINE COSTcapital

COSToperating RESPONSIBILITY POTENTIAL FUNDING SOURCE

Street and Transportation Improvements

Reconstruct Highway 29 Medium Term $ 84 Public

CIP, Developer, BID, Assessment District, CFD, Grants, Mitigation Fees

Short term $ 1 Public

Improved bus rapid transit Short term TBD TBD Public5 years operations TDA, Sales Tax, Developer

Investigate rail transit feasibility Medium term TBD TBD Public5 years operations Developer, TDA, Sales Tax, Developer

Street trees/median creation Short term TBD TBD Public/Private


Construct new and replacement sidewalks along Highway 29 Short term TBD TBD Public/Private


Bus Turnouts Short term TBD TBD Public/Private


Transit Center Long Term $ 3

Separated Bicycle Paths along Highway 29 and across Highway 29 Short term TBD TBD Public/Private


Traffic Calming through adjacent neighborhoods Short term TBD TBD Public/Private


Construct Bicycle/Pedestrian Bridge parallel to Highway 29 over railroad Medium term TBD TBD Public/Private


Purchase land, buildings & goodwill for structures located too close to Highway 29 Long term TBD TBD Public/Private


Pedestrian overcrossings for Highway 29 Short term $ 2 TBD Public/Private


April 2007

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FOCUSApplication for Priority Development Area Designation

Sample Infrastructure Budget for Part 7 of the Application

Construct park and ride lot Short term $ 2 TBD Public/Private


Landscape parkway improvements Short term TBD TBD Public/Private


Utility ImprovementsStormwater improvements All $ 16 Public/Private Utility fees, Developer, etc.

Underground overhead utility wires Medium term TBD TBD Public/Private

Utility fees, BID, Assessment District, CFD, Grants, Mitigation Fees.

Install recycled water main along Highway 29 Short term TBD TBD Public/Private


Provide Decorative Street lights Medium term TBD TBD Public/Private


Recreation and ParksNew Neighborhood parks in conjunction with residenital development Short term TBD TBD Public/Private

CIP, Park fees, Grants (Prop 84)

example Waterfront Linear Park and Path Medium term $ 4 $ 0 Public/Private CIP, Park fees, Grants (Prop 84),

Community Amenities

Construct new coordinated monument signs for businesses on Highway 29 Medium term TBD TBD Public/Private


TOTAL ESTIMATED BUDGET $ 111 $ 1

Listed in order of priorityShort term 0-5 years; Medium term 5-10; Long term 10+Costs in Millions, Operating Costs Annual (20 year)

April 2007

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Community Involvement Goal: Create a collaborative planning process with community stakeholders, including residents, business proprietors, property owners, transit agencies, neighborhood associations, non-profit or other community or faith-based organizations, etc. Special attention should be paid to involve community groups and minority, low-income, youth, renter, and non-English speaking populations. The purpose of the collaboration is to solicit comments from these stakeholders, review preliminary findings with them, and utilize their perspective in developing a vision for the planning area. The outcome of successful community involvement is broad-based community support for the final plan, as well as for the process to develop the plan. Create a Community Involvement Plan Before beginning the planning process, develop a plan for community involvement. As a first step, refer to the PDA Profile for an understanding of the residents and stakeholders to be engaged in the process. The plan should outline various strategies to involve these residents and stakeholders, and should provide for on-going oversight of the planning process, as well as opportunities for input at specific points in the process. Depending on the demographic make-up of the project area, translation of materials into languages other than English may be necessary and should be factored into the community involvement budget. The involvement plan should identify: a. Potential Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) members, and/or a process for selecting members b. Strategies to partner with local community organizations and engage community members (see below) c. Strategies specific to engaging low-income communities and communities of color d. Schedule of public meetings, TAC and CAC meetings, and other public events/meetings Community Involvement Strategies Strategies to consider incorporating into your community involvement plan are detailed below.

• Develop a Citizens Advisory Committee (CAC) - required CACs can provide a broad-based participation in the development of the plan and offer a mechanism for on-going oversight of the planning process. A CAC also allows the community to share ownership of the planning process as well as the final plan, and can help to create community buy-in.

• Develop a Technical Advisory Committee (TAC) - required

A TAC provides input from partner agencies, including other city departments, transit providers, the congestion management agency and regional agencies.

• Partner, collaborate or contract with local community-based organization(s)(CBO)

To engage the direct participation of residents in the project area, partnering or contracting with local community-based organizations that provide services to the residents may be an effective strategy. Local CBOs may be most familiar with how to reach their client base, particularly non-traditional participants in the process.

• Establish project-specific fact sheets, telephone hotlines, posters, maps or websites Offer a variety of ways the community can access information and/or provide feedback about the planning process.

• Attend regularly-scheduled meetings or public events in plan area Getting on the agenda of regularly scheduled meetings, such as homeowners associations, community groups, rotary clubs, or places of worship offer an opportunity to discuss the planning process when interested stakeholders are already meeting rather than having them attend a separate meeting about the planning process. In addition, community events such as Farmer’s Markets or street fairs can be used to distribute

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project fact sheets, surveys or other information about the planning process. These events will also be a good opportunity to build the project mailing list for later project events.

• Conduct focus groups and interviews Focus groups or interviews offer an opportunity to obtain in-depth feedback from key stakeholders or groups.

• Distribute surveys Develop a project survey to both educate stakeholders and solicit feedback about needs, values and tradeoffs.

• Host project-specific public meetings, workshops or open houses

Offer a range of options that accommodate busy schedules, allowing attendees to spend as much or as little time as they wish

• Involve City Council and Planning Commissioners Early involvement of elected and appointed officials can help ensure their buy-in and smooth the plan adoption process

• Include developers Developers and property owners bring an important perspective, particularly regarding market feasibility of plan alternatives

• Develop photosimulations Photosimulations, particularly of development alternatives, may be a useful tool to engage stakeholders, as well as help to provide visualization of densification

• Involve local media Coverage by local media can help secure coverage of planning efforts.

• Post-plan follow-up Potentially through the CAC, survey the community to identify areas of agreement, as well as what issues require additional attention Groups to include in Community Involvement

• Residents – home owners and renters • Businesses • Property owners • Local groups (i.e. neighborhood and business associations) • Community and faith-based organizations (i.e. local non-profits serving residents in plan area) • Seniors, including senior centers/housing • Youth • Non-English speaking population

Techniques for Involving Low-Income Communities and Communities of Color*

• Outreach in the community (flea markets, places of worship, health centers, etc.) • Translate materials; have translators available at meetings as requested • Include information on meeting notices on how to request translation assistance • Robust use of “visualization” techniques, including maps and graphics • Use of community and minority media outlets to announce participation opportunities

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Deliverables: a. A community involvement plan detailing who will be engaged and when, along with the strategies that will be used to engage them b. Materials for distribution c. Meeting minutes, public comment summaries, survey or focus group summaries .

* from MTC’s 2010 Public Participation Plan

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Alternatives Analysis Goal: Development of several land use alternatives or visions over the long term, their impacts upon the existing community and neighboring land uses, the feasibility of instituting each alternative, and the selection of a preferred development scenario. The alternatives should include an analysis of potentially incompatible land uses and resulting exposure issues.

Considerations:

• Specify the time horizon for the scenarios, taking into consideration the implementation timeframe of the plan • Review existing place-type for the planning area; does the place type change based on the community’s vision in

the preferred alternative? • Develop options for different development scenarios early in the process to allow for discussion and input from

community and key stakeholders (see Community Involvement) • Scenarios may include

* Minimum allowable density standards * Ridership forecasts based on different development scenarios

• How do different land uses relate to circulation in the planning area, ridership, parking, open space, etc. • What land uses are under consideration now vs. what uses are proposed for the future • Land uses should consider zoning, form based code or both

Deliverable: Memo including:

• Alternatives considered • Process for selecting the preferred alternative • Description of the preferred alternative • Supporting maps, i.e. land use map, circulation map, density/form map

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Market Demand Analysis

Goal: An analysis of the future market demand for higher density-housing at all levels of affordability, retail, commercial and industrial (if appropriate) uses. The analysis should consider the existing market and outcomes in the short-term, as well as an assessment of trends with a long-range perspective. The trend analysis should reflect outcomes identified in the Alternatives Analysis. Elements to include in Market Demand Analysis

• Delineation of primary and secondary (broader) market areas (set context for analysis) • Assessment of potential for employment in the planning area

* Identify characteristics of current employment near planning area based on land use, industry breakdown, and the type and frequency of nearby transit * Describe trends in the current real estate market and expected patterns of growth based on reports from commercial real estate brokers or government agencies * Analyze feasibility of various mixed-use components * Project employment based on projected square footage of potential commercial development of each type (see below)

• Assessment of potential for housing in the planning area * Assess current demographics (population, household type, age, income, etc), as well as projected growth and projected changes in trends (i.e., more households of a certain type) * Consider tendency of various household types and age groups to locate near transit

• Assessment of potential for commercial development (i.e. retail, entertainment, etc.) * Assess existing commercial development * Describe trends in the current real estate market and expected patterns of growth based on reports from commercial real estate brokers or government agencies * Cross reference with analysis of how much more retail could be supported by expected growth in housing and population.

• Projected absorption of housing at various income levels Deliverable: A report containing current conditions, as well as short-term and long-term potential for employment, housing and commercial development in the planning area. Analysis should link back to the preferred vision identified in the Alternatives Analysis

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Affordable Housing and Anti-Displacement Strategy Goal: Develop a strategy to provide existing and future plan area residents with a range of housing options that are affordable to households at all income levels. The strategy should describe the existing demographic and housing profile of the area, quantify the need for affordable housing, identify specific affordable housing goals for the plan, assess the financial feasibility of meeting the need for affordable housing, and identify strategies needed to meet the affordable housing goals. To limit or prevent displacement in the area, the strategy should identify how non-subsidized affordable housing units in or neighboring the plan area may be impacted by the plan build-out. The plan should describe existing preservation policies to maintain neighborhood affordability and additional zoning changes or policies needed. The anti-displacement strategy may also include the maintenance and enhancement of small businesses, services and community centers that serve lower-income residents. Elements to include in Affordable Housing and Anti-Displacement Strategy: Assessment of Existing Conditions

• Describe the demographic characteristics of the existing population in the plan area, including factors such as income levels, ethnic/racial composition, and presence of low-income renters (who are at greatest risk of displacement)

• Describe the housing characteristics in the plan area, including factors such as housing tenure, household size, and housing affordability for both deed-restricted and market-rate units

• Describe market conditions that affect the provision of affordable housing, such as land availability and value, obstacles to development in the plan area, and existing affordable housing policies (e.g., inclusionary zoning, rent control or stabilization policies, housing preservation programs, etc.)

Quantification of Affordable Housing Need

• Quantify the expected need for affordable housing, by income level, in the plan area based on the characteristics of the existing and expected future population

• The statement of need should not be limited by estimates of what seems feasible Identification of Goals

• Consider goals such as: o No net loss of affordability in the plan area o Total number of affordable units, by income level, that will be accommodated in the plan area o Target for percentage of total units that are affordable

• Demonstrate consistency with the jurisdiction’s Regional Housing Need Allocation and the sites and policies identified in the Housing Element

Feasibility Analysis

• Assess the amount of affordable housing, by income level, that is likely to be produced by the market • Estimate the public financial burden and the private costs required to meet the identified housing need • Identify potential funding sources available to develop affordable housing • Identify the “gap” between the dollar amount needed for affordable housing and the potential sources available

Implementation Strategy

• Identify specific strategies to retain existing affordable units • Specify the location and type of units (size, tenure, etc.) to be developed in the plan area • Identify funding sources that will be used to preserve or add affordable housing

o Local sources (bonds, impact fees, housing trust fund, etc.) o State and Federal sources (HOME, CDBG, tax credits, grants, etc.) o Other

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• Identify policies that will be used to preserve or add affordable housing

o Inclusionary housing o Housing trust fund o Reduced parking standards o Rehabilitation programs o Land trusts o Foreclosure mitigation o Other

• Identify policies that will be used to avoid displacing existing residents

o Engagement of communities likely to be displaced o Economic development (locally owned businesses, local hire, new area jobs that meet residents’ skill

levels) o Enhancement of community centers and facilities

Deliverable: A report that outlines the plan’s approach to providing a range of affordable housing options to existing and future residents, based on the elements identified above.

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Multimodal Access & Connectivity Component

Goal: Strategies for improving bus access to rail stations and ferry terminals and frequency of feeder services (in consultation with transit providers) as well as pedestrian, bicycle and auto access and safety. Multi-modal connections between transit stations and high-density housing, surrounding neighborhood amenities, activity nodes, and open space should be emphasized. This should apply throughout the planning area boundaries (include significant nodes outside plan area boundaries).

Pedestrian Access & Circulation (see also, Pedestrian-Friendly Design Standards) Identify pedestrian access and circulation patterns between station/terminal, local transit, neighborhood amenities and activity nodes in the planning area. Utilizing the PDA Profile and Alternatives Analysis (for future land uses), show the most heavily pedestrian traveled routes in your planning area, emphasizing pedestrian safety. • Identify primary pedestrian routes • Consolidate and minimize driveways • Accommodate ADA requirements Bicycle Access & Circulation Incorporate county-wide and local bike plans, station/terminal access for bicycles, bicycle parking and storage. Identify circulation pattern to adjacent activity centers and nodes. Show the bicycle network identified by class in the planning area. Identify connections to regional routes. • Incorporate Countywide and City Bike Plans • Bike lane treatments at intersections • Bike racks and storage • Bike lane width and treatment, designation class I-III and sharrows Transit Connectivity Identify and locate feeder bus service/hubs at stations/terminals, identify various lines serving stations, and routes and stops within the planning area. • Bus stops at intersections • Bus Shelters • Bus bulb outs • Intermodal access, including way-finding signage, accessible transit information, real-time technology,

schedule coordination, fare coordination and last-mile connecting services • Close and early consultation/coordination with all affected transit operators Auto Circulation Locate vehicular routes from core planning area parking structures/ lots to arterials, expressways, and freeways. Minimize auto and pedestrian/bicycle conflicts. • Identify auto intensive land uses • Keep vehicular circulation to a minimum in pedestrian core areas • Relocate auto oriented land uses in highly pedestrian trafficked areas. Including vehicular entrances of

parking structures

Deliverable: Multimodal access and connectivity plan/memo and pedestrian-friendly design standards or similar (See Pedestrian-Friendly Design Standards)

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Pedestrian-Friendly Design Standards Goal: Building, open space and street design standards that focus on pedestrian-oriented design that enhances the walking environment and increases pedestrian comfort and convenience as well as the safety and security of transit patrons in and around the plan area. Background: In preparation for the TLC 2010 Capital Call for Projects, MTC developed design guidance utilizing context-sensitive design solutions. The guidance suggests ranges (minimum and maximums) for a variety of design elements, which can be viewed as best practices, and can be considered a base from which to work for the design elements included in the plan. Possible approaches that prioritize pedestrians: Pedestrian Friendly Design Guidelines Form Based Code Street Design Guidelines Context Sensitive Solutions Considerations to prioritize pedestrians include:

• Sidewalk width • Block Length 300’-400’ • Mid-block crossings (controlled) • High visibility crosswalk treatments at all legs of intersections • Pedestrian refuge islands • Pedestrian-scaled lighting • Curb return radii • Audible signals • Curb extensions (Bulb outs) • ADA compliant ramps • Street trees & planters • Street furniture and fixtures • Max. Travel lane width • Way Finding signage • 25 mph Speed Limit in Pedestrian Zones

Deliverable – See Multimodal Access and Connectivity Component

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Accessible Design Goal: Create an accessibility plan for people with disabilities, ensuring fully accessible transit stations, accessible paths of travel between the stations and surrounding areas, and visitable and habitable housing units adjacent to transit stations and in the planning area where feasible. If new housing is proposed within the planning area, at least 10% of townhomes should be habitable by persons with disabilities. Accessible paths of travel between the transit stations and essential destinations within the planning area should take into consideration width of sidewalks, presence of curb cuts, physical barriers that would prevent persons with mobility limitations from access and enhancements that would facilitate access. Key Definitions

• Accessible: Housing and routes to transit that meet the needs of an individual of a person with mobility limitations

• Adaptable: Housing that allows some features of a building or dwelling to be readily changed to be accessible • Habitable: Dwelling where a person with a disability can live with an accessible bedroom • Visitable: Dwelling where a person with a disability can visit with an accessible restroom • Townhome: A multi-story residence that is connected by a common wall to another residence • Universal Design (UD)*:

- The design of products and environments to be usable by all people, to the greatest extent possible, without adaptation or specialized design. - A user-friendly approach to design in the living environment where people of any culture, age, size, weight, race, gender and ability can experience an environment that promotes their health, safety and welfare today and in the future. Considerations when developing the Accessibility Plan

• Do new housing units (including townhomes) in the planning area incorporate universal design, or are habitable by persons with mobility limitations (e.g have accessible bathrooms and bedrooms, or can be converted through universal design)

• Does your jurisdiction have a policy to incorporate universal design in new housing developments in the p lanning

area? If yes, what is the policy and how will it apply to the planning area?

• Describe the path of access to and from transit and essential services within a ½ mile from existing and planned housing units in the planning area. Description should include width of sidewalks, presence of curb cuts, physical barriers that would prevent persons with mobility limitations from access, and enhancements that would facilitate access.

Deliverable: Memo containing how the planning area will accommodate persons with disabilities, both in path of travel to/from transit and surrounding destinations, as well as habitable and visitable housing units. * from Universal Design Alliance, http://www.universaldesign.org/universaldesign1.htm

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Parking Policy and Management

Goal: Create a parking policy and management element that aims at reducing parking demand through pricing, zoning, and support for alternative modes. Pricing and zoning requirements have the largest impact on parking demand. Although most drivers do not pay a direct fee to use most parking, creation and operations of the spaces is not free: developers must pay to build and maintain the parking spaces and they add a cost to rental and purchase prices, typically hidden. Commercial tenants, in turn, pass the cost on to consumers by adding it to prices of good and services. Minimum parking requirements tend to lower density, encourage sprawl and reduce demand for transit and other modes. The plan should include requirements on new developments/uses, and employers in the planning area as described below. A. New developments or uses - City Parking Requirements Include one or more of the following three approaches: 1. Eliminate parking minimums for new developments in the planning area 2. Reduce parking minimums to levels consistent with AB 710 (Skinner), as proposed in 2011, specifically: City requirements of no more than:

i. 1 space per residential unit ii. 1 space per 1,000 square ft of commercial space, or

3. Establish parking maximums at a level of no higher than one and one-half the minimums above, i.e., 1.5 spaces per residential unit and 1.5 spaces per 1,000 sq ft commercial space Approaches 1 & 2 provide greater flexibility and choice for developers to customize their housing products to address local demand and context, providing consumers more choices. Reductions in city requirements allow developers to propose development with lower levels of parking, including for reuse of existing buildings. Examples of no parking requirements on residential developments or use include downtown areas in San Francisco, Los Angeles, Berkeley, Seattle, WA and Portland OR. Note that these approaches do not limit the level of parking that can be proposed or built by developers. Approach 3, creating parking maximums, limits the level of parking that can be proposed or built by developers. Parking maximums are a relatively new strategy, and serve to reduce automobile travel and congestion in the local areas with good availability of alternative modes. The number of spaces allowed is typically based on either quality of transit modes or local utilization rates. Examples include downtown San Francisco, Cambridge, MA, Portland, Bend and Hood River, OR. Use of parking maximums should be carefully evaluated to determine that development is financially viable in the local context. These strategies can be used in combination, i.e., both a lower or no minimum and a maximum. In addition, the plan should consider other appropriate strategies, such as unbundling, car-share, bicycle parking, pedestrian accessibility, shared parking, and transit passes to support these approaches. B. Employers - City Parking Requirements Include one or more of the three approaches: 1. Commuter Benefit Ordinance requiring employers to choose one of the following (using the models of SF, Richmond and Berkeley)

a. Pre-tax dollars- Employer sets up a deduction program under existing IRS code 132(f), allows employees to make monthly pretax deductions to purchase transit passes or vanpool rides. b. Employer Subsidy, see CommuterBenefits.org or the IRS Fringe Benefits Guide at IRS.gov/publications/p15b/index.html for more information c. Employer Provided -Employer offers workers free shuttle service on company-funded bus/van.

1. Parking cash-out based on city enforcement of state law, as per SB 728, Lowenthal, passed 2010 2. Transportation Demand Management - participation in an active TDM Association Additional information on parking planning and management approaches, steps and strategies is available in the MTC Parking Toolbox - http://www.mtc.ca.gov/planning/smart_growth/parking/parking_seminar.htm. Deliverable: Parking management plan/memo incorporating elements listed above

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Infrastructure Development and Budget Goal: Describe existing public infrastructure (streets and roadways, sidewalks, bike lanes and racks, utilities, s treet furniture, street trees, parking, stormwater management, etc.) and public facilities/services (transit stations/shelters, libraries, parks, centers, schools, police/fire, etc.) within the planning area, determine improvements needed to meet the demands of the existing and anticipated service population, develop cost estimates, and identify potential funding mechanisms for necessary improvements and maintenance. Considerations:

• Describe existing public infrastructure and facilities and highlight strengths/weaknesses in the PDA Profile • Incorporate findings from the Market Demand Analysis

o For example, if the Market Demand Analysis finds that higher density housing can be accommodated, will utility pipe upgrades be needed?

• Factor in regulatory requirements for new development (e.g. stormwater or fire protection) • Coordinate with local service agencies, such as school districts, police and fire to determine potential

budget/facility impacts as a result of new development • Specific mapping or analysis may be needed to fill in data gaps to assess infrastructure needs and identify

service factors for estimating costs (e.g. cost per service population or per user) • Conduct a fiscal impact analysis to determine the impact of the plan on public services and determine

appropriate financing strategies to meet costs • Prioritize/phase improvements and include in Implementation Plan and Financing Strategy

Deliverable: Memo outlining infrastructure development and budget

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Implementation Plan and Financing Strategy Goal: List action items necessary to implement the goals of the plan and identify responsible department, cost estimates, potential revenue sources, and timeframe for completion. Considerations:

• Identify action items for each topical section (e.g. land use or connectivity) of the plan to implement the goals of that section and for overall plan implementation, such as programmatic changes to incorporate new programs.

• Action items should be categorized and listed in a logical format (e.g. bulleted list and/or table) • Each action item should be assigned a time frame for implementation (e.g. short 0-2 years, medium 3 to 5 years,

long-term 6+ years) to easily identify immediate next steps and longer term priorities. • Each action should have a cost estimate and potential funding sources • Each action item should be assigned to a responsible department • Evaluate opportunities for neighborhood groups/other organizations to implement/assist with projects (e.g. street

clean-up) • Establish a mechanism for annual review of plan implementation progress and priorities (e.g. annual staff status

report to planning commission/city council or have each department review implementation action items and incorporate into their departmental budget review process)

Deliverable: Implementation Plan with Financing Strategy ********************** Preparation for Plan Implementation Goal: Prepare all necessary documents and changes at the time of plan adoption to proceed immediately with plan implementation, such as Program-level EIR

• Zoning changes • General Plan amendments • Developer agreements

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table of contents agenda 2 closed session agenda closed

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