Mayor Washington and City Councilmembers,

I sincerely appreciate the opportunity to comment on this matter at the last city council meeting.
It was my hope that staff would have taken the past four weeks to correct their gross error before bringing the Giovannoni Tentative Map Extension back to city council on March 4, 2025. We have not heard anything from staff. City staff has kicked this can down the road for two years. Staff needs to address their gross errors. It is inappropriate for staff to ask city council to approve a Tentative Map Extension with a condition that is knowingly flawed.

We have advised staff that the City of American Canyon will be held entirely responsible for collecting other developers’ fair share of the Permanent Sewer Solution costs and reimbursing us. Our agreement is with the city, not the other developers. Our Subdivision Improvement Agreement states in part “If after five (5) years of City’s issuance of a notice of completion of the Permanent Sewer Solution Improvements, Developer has not been fully reimbursed through available Sewer Contributions from the Cost Sharing Parties, then the City shall reimburse the deficiency to Developer.” Therefore, if the city doesn’t collect the reimbursements from other developers, the city will need to pay any shortfall. For the subject Giovannoni Phase 1 project, the reimbursement totals $2,104,190. The Giovannoni TM Condition of Approval currently states they are to contribute the incorrect amount of $805,227. Will city council commit to paying the shortfall of $1,298,963?

Some councilmembers expressed a concern about a deadline to approve the TM Extension prior to its expiration (March 21, 2025). However, California Government Code Section 66452.6.(e) states: “Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.”

City council effectively has until May 21, 2025 to approve the extension. City council may also impose additional conditions to the TM Extension which could include a condition to correct the error. There are many options available and I’m sure that the city attorney can council you appropriately.

Thank you.

Ernie Knodel
Orchard Partners