To: Honorable Mayor and Members of City Council
From: Philip Brun, Utilities Director
Prepared By: Philip Brun, Utilities Director
TITLE:
Title
Title
Outside Water Service to Vintage High School Culinary and Agricultural Facility
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt a resolution: (1) supporting Napa Valley Unified School District’s application to the Local Agency Formation Commission of Napa County to amend the City’s sphere of influence to include the northern portion of 1130 Trower Avenue (Assessor Parcel Number 038-040-020); (2) authorizing the Utilities Director to execute a Declaration of Covenants and Agreement Regarding Water Service with the Napa Valley Unified School District to provide water service to 1130 Trower Avenue (Assessor Parcel Number 038-040-020) for the Vintage High School Culinary and Agricultural Facility; (3) authorizing the Utilities Director to submit an application to the Local Agency Formation Commission of Napa County for an outside service agreement; and (4) determining that the actions authorized by this resolution were adequately analyzed by a previous CEQA action or are exempt from CEQA.
Body
DISCUSSION:
Napa Valley Unified School District (“NVUSD”) is proposing to develop a culinary and agricultural facility (“Project”) for existing Vintage High School (“VHS”). The Project would replace the school’s existing agricultural facility and would be located on approximately 12.8 acres at 1130 Trower Avenue (Assessor Parcel Number 038-040-020) (“Property”) at the end of Trower Avenue northeast of VHS (Attachment 2). The Project would provide VHS students access to career technical education in high-demand, livable-wage industries including agriculture, food & natural resources and hospitality & tourism, in facilities that offer industry-standard equipment. The Project would be part of current school programming and would be limited to existing students and staff. The Project site would be divided into three main activity areas, including educational and agricultural buildings, a working vineyard and agricultural land to support students’ developing knowledge and skills in the areas of agriscience, plant and soil science, agricultural mechanics and hospitality/food service.
The City received an Outside Water Service Application from NVUSD to provide a commercial and fire water service to the Project (Attachment 4). Since the northern portion of the Property is outside the City limits and outside the City Rural Urban Limit Line (“RUL”), City Charter Section 180 (see Attachment 5) limits extension of water service except under specified situations. City Charter Section 180 allows approval of City water service outside the RUL if the water is to be used for public school facilities sponsored or developed by NVUSD or other educational bodies.
Under State law (the Cortese-Knox-Hertzberg Local Government Reorganization Act), particularly California Government Code Section 56133 (Attachment 6), the Local Agency Formation Commission of Napa County (“LAFCO”) is required to review and approve any proposed new or extended water service outside the City limits. LAFCO can only approve an extension of city service to areas beyond the City boundary if the territory is within the City’s Sphere of Influence (“SOI”) or to respond to an existing or impending threat to public health and safety of the residents. The Project is new development and therefore not an existing or impending threat to public health and safety. Therefore, the Property must be within the City’s SOI to be considered for City water service. Note that the Property is bifurcated by the City’s SOI and RUL (as shown in Attachment 3) such that the northern portion of the Property where the Project will be developed is outside the City’s SOI. For the purposes of receiving City water service, the northern portion of the Property needs be within the City’s SOI.
NVUSD has submitted paperwork to LAFCO (Attachment 7) to amend the City’s sphere of influence to include the northern portion of the Property and LAFCO is expected to consider the request at their December 4, 2023 meeting. NVUSD is seeking City Council’s support of the requested sphere amendment and subsequent connection to City water prior to the item being considered by LAFCO.
NVUSD is requesting a 3-inch commercial water service and an 8-inch fire water service for the Project. Irrigation and livestock water will be supplied by a well on the property. The existing 8-inch City water main at the end of Trower Avenue will be extended by NVUSD approximately 100-feet so that water services can be extended into the Project site. Additional water infrastructure required as part of the water main extension includes installation of new valves and a new public hydrant. Per the environmental study for the Project, domestic water supply demands for the requested commercial water service are estimated to be 1.08 acre-feet per year, which is equivalent to 2-4 single family homes. Water demands from fire water services are negligible due to their infrequent use. The water demand from the Project will have no adverse effect on water supply availability for the City. The City has sufficient supply, treatment, storage, and conveyance capacity to accommodate the requested water services.
In order to receive water service to the Project site, NVUSD is required to execute a Declaration of Covenants and Agreement Regarding Water Service (“Agreement”) with the City to establish the terms and conditions placed on NVUSD for receiving City water service to the Project. The Agreement will be executed subject to the Project site being added to the City’s sphere of influence, in a form satisfactory to the City Manager and Utilities Director, and approved as to form by the City Attorney. NVUSD and City Staff have developed a Non-Binding Summary of Conceptual Terms (Exhibit A to the Resolution) establishing terms and conditions related to water services, dedication of right-of-way for the future extension of Trower Avenue, street improvement requirements, and a deed restriction on the unused portion of the Property south of the future Trower Avenue extension restricting its use for NVUSD non-residential facilities or future affordable housing. These conceptual terms will establish a basis for drafting the Agreement.
FINANCIAL IMPACTS:
The Project would pay one-time water capacity fees of $95,348, and pay Outside water rates totaling approximately $8,300 per year based on an estimated demand of 1.08 acre-feet per year and bi-monthly fixed charges for a 3” commercial meter and an 8” fire service.
CEQA:
City staff recommends that the City Council determine that (1) the potential environmental effects of the Recommended Action described in this Staff report were adequately analyzed by the Initial Study/Mitigated Negative Declaration (“IS/MND”) for the Project prepared by Placeworks on behalf of NVUSD dated November 2018 and adopted by the NVUSD Board of Trustees on January 24, 2019 (Attachment 8) and the Addendum to the IS/MND for the Project prepared by Placeworks on behalf of NVUSD dated October 2023 (Attachment 9) pursuant to CEQA Guidelines Section 15162; (2) that the potential environmental effects of the Recommended Action described in this Staff report fall within the scope of the City of Napa General Plan Final EIR (SCH #2021010255) approved by City Council on September 20, 2022, by City Council Resolution R2022-085 pursuant to CEQA Guidelines Section 15168; or (3) that the Recommended Action is exempt from CEQA pursuant to CEQA Guidelines Section 15282(k).
The IS/MND and Addendum adopted by the District analyzed the potential environmental impacts of modifications to the project, including extension of an existing City water main and connection to City water, dedication of right-of-way to the City for the future extension of Trower Avenue, partial street improvements for the extension of Trower Avenue fronting the Project, and execution of an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants with the City restricting the portion of the Property south of the future Trower Avenue extension to NVUSD campus facilities or affordable housing. The Addendum concluded that the modifications did not create any potential environmental impacts beyond those identified in the IS/MND, that no new or revised mitigations measures were required and that no subsequent environmental document is required pursuant to CEQA Guidelines Section 15162.
The Recommended Action is consistent with the 2040 General Plan, for which the City certified the City of Napa General Plan Final EIR (SCH #2021010255) (the “2040 General Plan EIR”) and the potential environmental impacts of the Recommended Action were adequately analyzed by the 2040 General Plan EIR pursuant to CEQA Guidelines Section 15168 and Section 15183, since (a) sufficiency of water supplies was adequately analyzed in the 2040 General Plan EIR; (b) no changes to the City’s treatment, storage, transmission or water supply systems are required to provide water service to the Project; (c) the dedication of street right of way is consistent with the Transportation Element of the 2040 General Plan; and (d) dedication of land for future affordable housing is consistent with the Land Use and Community Design Element of the 2024 General Plan. Thus, no additional environmental review is required because the potential environmental effects of the Recommended Action described in this Staff report fall within the scope of the 2040 General Plan EIR approved by City Council on September 20, 2022, by City Council Resolution R2022-085.
In addition, City staff recommends that the City Council determine that the Recommended Action is exempt from CEQA pursuant to CEQA Guidelines Section 15282(k) which exempts the extension of a City water main less than one mile in length.
DOCUMENTS ATTACHED:
ATCH 1 - Resolution
EX A - Conceptual Terms of a Declaration of Covenants and Agreement Regarding Water Service
EX A-1 - Water Improvements
EX A-2 - Right of Way Dedication
EX A-3 - Trower Improvements
ATCH 2 - Location Map of the Project
ATCH 3 - NVUSD Parcel Showing City of Napa RUL SOI & Boundary
ATCH 4 - Outside Water Service Application No. 658
ATCH 5 - Charter Section 180
ATCH 6 - Government Code 56133
ATCH 7 - LAFCO Sphere of Influence Questionnaire
ATCH 8 - Vintage Farm IS/MND November 2018
ATCH 9 - Vintage Farm IS/MND Addendum October 2023
NOTIFICATION:
Brendon Freeman, Executive Director, LAFCO