Agenda, regular meeting — St. Helena City Council, April 26, 2022 (part 2 of 2)

St. Helena Housing Rehabilitation Program Guidelines
31 ATTACHMENT B
PART 5 ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS This table presents the Part 5 asset inclusions and exclusions as stated in the HUD Technical Guide for Determining Income and Allowances for HOME Program (Third Edition; January 2005).

Statements from 24 CFR Part 5 – Last Modified: January 2005 Inclusions

1. Cash held in savings accounts, checking accounts, safe deposit boxes, homes, etc. For savings accounts, use the current balance. For checking accounts, use the average 6-month balance. Assets held in foreign countries are considered assets.

2. Cash value of revocable trusts available to the applicant.

3. Equity in rental property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and all reasonable costs (e.g., broker fees) that would be incurred in selling the asset. Under HOME, equity in the family's primary residence is not considered in the calculation of assets for owner-occupied rehabilitation projects.

4. Cash value of stocks, bonds, Treasury bills, certificates of deposit and money market accounts.

5. Individual retirement, 401(K), and Keogh accounts (even though withdrawal would result in a penalty).

6. Retirement and pension funds.

7. Cash value of life insurance policies available to the individual before death (e.g., surrender value of a whole life or universal life policy).

8. Personal property held as an investment such as gems, jewelry, coin collections, antique cars, etc.

9. Lump sum or one-time receipts, such as inheritances, capital gains, lottery winnings, victim's restitution, insurance settlements and other amounts not intended as periodic payments.

10. Mortgages or deeds of trust held by an applicant.

Exclusions

1. Necessary personal property, except as noted in number 8 of Inclusions, such as clothing, furniture, cars and vehicles specially equipped for persons with disabilities.

2. Interest in Indian trust lands.

3. Assets not effectively owned by the applicant. That is, when assets are held in an individual's name, but the assets and any income they earn accrue to the benefit of someone else who is not a member of the household, and that other person is responsible for income taxes incurred on income generated by the asset.

4. Equity in cooperatives in which the family lives.

5. Assets not accessible to and that provide no income for the applicant.

6. Term life insurance policies (i.e., where there is no cash value).

7. Assets that are part of an active business. "Business" does not include rental of properties that are held as an investment and not a main occupation.

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
32 ATTACHMENT B-1
Title 25 Section 6914 Gross Income Inclusions – For CalHome activities (b) The following items shall not be considered as income:
(1) Casual, sporadic or irregular gift items;
(2) Amounts which are specifically for or in reimbursement of the cost of medical expenses;
(3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses; (4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for a subsistence are to be included in income;
(5) The special pay to a servicemember head of a family away from home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relocation law; (7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is an excess of the amount actually charged the eligible household; (9) Payments received pursuant to participation of the following volunteer programs under the ACTION Agency:
(A) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs.
(B) National Older American Volunteer Program for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE).

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
33 ATTACHMENT C

MAXIMUM PURCHASE PRICE/AFTER-REHAB VALUE LIMIT FOR NAPA COUNTY (HOME Value Limits as of 06/1/2021)
COUNTY NAME One-Family
NAPA $569,000

HOME SUBSIDY LIMITS PER UNIT FOR NAPA COUNTY
(Limits are effective 9-9-2021)
O-BDR 1-BDR 2-BDR 3-BDR 4-BDR
$153,314 $175,752 $213,718 $276, 482 $303,490
HOUSEHOLD INCOME LIMITS FOR NAPA COUNTY*
(Limits are effective 06/1/2021)
Number of Persons in Household
1 2 3 4 5 6 7 8
80% of
AMI
$63,050 $72,050 $81,050 $90,050 $97,300 $104,50
0 $111,700 $118,900
HCD 2021 INCOME LIMITS FOR CALHOME

ADJUSTED FOR FAMILY SIZE FOR NAPA COUNTY
Income
Level
Household Size
1 2 3 4 5 6 7 8
80% $63,050 $72,050 $81,050 $90,050 $97,300 $104,50
0 $111,70
0 $118,90
0 Sponsor will insert the limits for the county in which the Program is located and will update the income limits annually as HCD provides new information. The link to the official, HCDmaintained Value, Subsidy, and Income limits is: http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml for HOME and CDBG limits, choose “State CDBG and HOME Income, Value and Rent Limits”; for CalHome income limits, choose “Official State Income Limits”).

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
34 SPONSOR STANDARDS FOR BEDROOM AND BATHROOM ADDITIONS TO

ALLEVIATE OVERCROWDING
Maximum No.
of Persons in
the Household
Number of
Bedrooms
Number of
Bathrooms
1 SRO 1
1 0-BR 1
2 1-BR 1
4 2-BR 2
6 3-BR 2
8 4-BR 3
10 5-BR 3
12 6-BR 4
 Opposite sex children under 6 years of age may share a bedroom, up to 2 children per bedroom.
 Opposite-sex children 6 years of age and older may have their own bedroom.  Children shall be permitted a separate bedroom from their parents.  Same-sex children of any age may share a bedroom, up to 2 children per bedroom.  Adults not in a partner relationship may have their own bedroom.  4 or more people – a second bathroom may be added.
 8 or more people – a third bathroom may be added.
 Same rules apply to mobile home units.

The chart above is used as a guide to overcrowding.

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
35 ATTACHMENT D

HOUSING REHABILITATION MARKETING PLAN

SUMMARY
The Sponsor will continue its efforts to market the Housing Rehabilitation Program in a manner that will reach all community members.

All marketing related to the Housing Rehabilitation Program is publicized in both English and Spanish. All marketing materials include information identifying the Sponsor’s commitment to fair housing laws and affirmative marketing policy, and are widely distributed. Equal opportunity is emphasized in written materials and oral presentations. A record is maintained by the Sponsor identifying what marketing materials are used, and when and where they are distributed.

Forms of marketing may include fliers, brochures, newspaper ads, articles and public service announcements. Fliers and brochures are distributed at local government buildings, other public buildings and through the mail, as well as to businesses that assist those not likely to apply without special outreach.

Advertisements and articles are published in newspapers that are widely circulated within the community.

Established working relationships with local lending agencies also aid in informing the public by facilitating the distribution of informational fliers to households seeking financial assistance for repairs that are unable to obtain conventional financing.

Informational meetings are offered to potential participants to explain Program requirements. Often, minimal formal outreach efforts are required as the need for assistance generally exceeds funds available.

However, marketing measures are actively performed in order to maintain a healthy interest list.

Characteristics on all applicants and participants are collected and compared with the Sponsor’s demographics. Should the Sponsor find that there are underserved segments of the population, a plan to better serve them will be developed and implemented.

MARKETING FORMS
Fliers
Brochures
Newspaper Ads and Articles
Public Service Announcements
Public Informational Meetings

MARKETING VENUES
Local Government Buildings
Local Public Services Buildings
Private Businesses
Lending Agencies
Real Estate Offices
Newspaper
Radio
Mail
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
36 ATTACHMENT E

RESIDENTIAL ANTI-DISPLACEMENT AND TEMPORARY RELOCATION PLAN Version 2
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) funds or Home Investment Partnership (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of St. Helena (Sponsor) with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations. The Plan will outline reasonable steps, which the Sponsor will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The Sponsor’s governing body has adopted this plan via a formal resolution.

This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the Sponsor’s jurisdiction limits.

The Sponsor will provide permanent relocation benefits to all eligible “displaced” households either owner-occupied or renter-occupied units which are permanently displaced by the housing rehabilitation program (See Section E below.). In addition, the Sponsor will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to a use other than low-income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition: Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.

All Sponsor programs/projects will be implemented in ways consistent with the Sponsor’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The Sponsor will provide equal relocation assistance available 1) to each targeted income group household displaced by the demolition or rehabilitation of housing or by the conversion of a targeted income group dwelling to another use as a direct result of assisted activities; and 2) to each separate class of targeted income group persons temporarily relocated as a direct result of activities funded by HUD programs.

A. Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the Sponsor will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:

1. Provide proper notices with counseling and referral services to all tenants so that they Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
37 understand their relocation rights and receive the proper benefits. When necessary assist permanently displaced persons to find alternate housing in the neighborhood.

2. Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.

3. Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants.

4. Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation.

5. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.

B. Lead Based Paint Mitigation Which Causes Temporary Relocation:

On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control went into effect.

Among other things, it requires that federally-funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenantoccupant(s) be present in work areas or designated adjacent areas while LHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead-based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return. The tenant-occupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions: programs:

1. The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or

2. The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead free entry; or

3. The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or

4. The interior work will be completed within five (5) calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.

If temporary relocation benefits are not provided because the Sponsor believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the Sponsor to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
38 are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.

C. Temporary Relocation of Owner Occupants:

Owner occupants are not allowed to stay in units which are hazardous environments during lead based paint mitigation. When their home is having lead based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits up to $3,000, which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits up to $3,000, which will be provided as a grant. In no case shall the grant for temporary relocation exceed $3,000 for any one owner occupant.

Owner occupants will be encouraged to move in with family or friends during the course of rehabilitation, since they are voluntarily participating in the Program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form (See Appendix C) to document that the owner occupant understands that they must relocate during the course of construction and what benefits they wish to be reimbursed for as part of their relocation.

D. Temporary Relocation of Residential Tenants:

If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The contract administrator or rehabilitation specialist will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable. Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. He or she may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred. The housing rehabilitation loan specialist and/or the rehabilitation specialist will ensure that each tenant-occupied unit under the Program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received) and the tenant will receive a Notice of Nondisplacement (after loan approval), and each tenant-occupied unit will have a temporary relocation benefits form completed for them. (See Appendix C). These notices will document that each tenant understands what their relocation rights are, and if they must relocate during the course of construction, that they receive the proper counseling and temporary relocation benefits.

A tenant receiving temporary relocation shall receive the following:

1. Increased housing costs (e.g. rent increase, security deposits) and

2. Payment for moving and related expenses, as follows:
a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified; b. Packing, crating, unpacking, and uncrating of personal property; Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
39 c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary;
d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property;
e. Insurance for the replacement value of personal property in connection with the move and necessary storage;
f. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of the displaced person, his or her agent, or employee) where insurance covering such loss, theft or damage is not reasonably available; g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling;
h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determines to be reasonable and necessary, except the following ineligible expenses:
1) Interest on a loan to cover moving expenses; or
2) Personal injury; or
3) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or
4) Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations.

E. Rehabilitation Activities Requiring Permanent Displacement The Sponsor’s rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff responsible for the rehabilitation program will consult with Sponsor’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity then they will consult and follow the HUD Relocation Handbook 1378.

F. Rehabilitation Which Triggers Replacement Housing
If the Sponsor’s rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the Sponsor is required to replace those lost units. An example of this would be a duplex unit which is converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the Sponsor must document that any lost units are replaced and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
40 Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the Sponsor to provide funds for an activity that will directly result in such demolition or conversion, the Sponsor will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the California Department of Housing and Community Development or the appropriate federal authority the following information in writing:

1. A description of the proposed assisted activity;

2. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as targeted income group dwelling units as a direct result of the assisted activity;

3. A time schedule for the commencement and completion of the demolition or conversion;

4. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

5. The source of funding and a time schedule for the provision of the replacement dwelling units;

6. The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,

7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.

The Program Operator for the Sponsor is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The Sponsor is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.

G. Record Keeping and Relocation Disclosures/Notifications The Sponsor will maintain records of occupants of federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable program regulations. Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054)
Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
41 Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below is for only temporary relocation. If permanent relocation is involved then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:

1. General Information Notice: As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy his or her present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of his or her average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and he or she will be reimbursed for all reasonable extra expenses. The tenant will be cautioned that he or she will not be provided relocation assistance if he or she decides to move for personal reasons. See Appendix A for sample notice to be delivered personally or by certified mail.

2. Notice of Non Displacement: As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance. See Appendix B for sample notice to be delivered personally or by certified mail.

3. Disclosure to Occupants of Temporary Relocation Benefits: This form is completed to document that the Sponsor is following it’s adopted temporary relocation plan for owner occupants and tenants. See Appendix C for a copy of the disclosure form.

4. Other Relocation/Displacement Notices: The above three notices are required for temporary relocation. If the Sponsor is attempting to provide permanent displacement benefits then there are a number of other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activities funded by CDBG or other federal programs.

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
42 APPENDIX A
Dear ,
On (date) , (property owner) submitted an application to the for financial assistance to rehabilitate the building which you occupy at (address) .

This notice is to inform you that, if the assistance is provided and the building is rehabilitated, you will not be displaced. Therefore, we urge you not to move anywhere at this time. (If you do elect to move for reasons of your choice, you will not be provided relocation assistance.) If the application is approved and Federal assistance is provided for the rehabilitation, you will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building) upon completion of the rehabilitation. Of course, you must comply with standard lease terms and conditions.

After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent/average utility costs, or (b) 30 percent of your gross household income. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any increase in housing costs.

Again, we urge you not to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance would be involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name) , (title) , at (telephone number), (address) .

Sincerely,
(name)
(title)
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
43 APPENDIX B
(date)
Dear :

On (date) , we notified you that the owner of your building had applied for assistance to make extensive repairs to the building. On (date) , the owner's request was approved, and the repairs will begin soon.

This is a notice of non-displacement. You will not be required to move permanently as a result of the rehabilitation. This notice guarantees you the following:

1. You will be able to lease and occupy your present apartment [or another suitable, decent, safe and sanitary apartment in the same building/complex] upon completion of the rehabilitation.

Your monthly rent will remain until after construction is completed. If increased after construction is done, your new rent and estimated average utility costs will not exceed local fair market rents for your community. Of course, you must comply with all the other reasonable terms and conditions of your lease.

2. If you must move temporarily so that the repairs can be completed, you will be reimbursed for all of your extra expenses, including the cost of moving to and from the temporarily occupied unit and any additional housing costs. The temporary unit will be decent, safe and sanitary, and all other conditions of the temporary move will be reasonable.

Since you will have the opportunity to occupy a newly rehabilitated apartment, I urge you not to move. (If you do elect to move for your own reasons, you will not receive any relocation assistance.) We will make every effort to accommodate your needs. Because Federal assistance is involved, you are protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

If you have any questions, please contact (name) , (title), at (phone #) , (address) . Remember; do not move before we have a chance to discuss your eligibility for assistance. This letter is important to you and should be retained.

Sincerely,
(name and title)
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
44 APPENDIX C

DISCLOSURE TO OCCUPANT OF TEMPORARY RELOCATION BENEFITS Top to be completed at time of loan application submittal or Home Visit Property Address:
__ Rental Unit __Owner-Occupied Unit
The rehabilitation loan specialist working on behalf of the City/County of has explained the temporary relocation services and benefits available under the current rehabilitation program relocation plan.

I/we have been advised that the City/County of rehabilitation construction specialist will inform me if I need to be temporarily relocated and will to assist me with scheduling any necessary moves and answer any questions about assistance as needed.

Acknowledged:

Occupant Signature Date Occupant Signature Date
Complete this at time of acceptance of Work Write Up with initials by occupant The rehabilitation construction specialist for the City/County of has explained the Rehabilitation Scope of Work for our house and I/we agree that it will:
____ Not require I/we to be relocated. (If initialed then STOP here and sign bottom.) ____ Yes, I/we need to be temporarily relocated. (Complete rest of form if initialed.) Start date and duration of relocation:
____ Starting on or about we will move for all or part of the rehabilitation project.

Approximate length of temporary relocation: Number of days.

For temporary relocation, I/We elect to (check all that apply):
____ Relocate with friends and family.
____ Relocate into a suitable temporary housing unit identified by rehab specialist. ____ Relocate furnishings only into a temporary storage unit. ____ I/We have been told what our relocation benefits are and elect Not to be reimbursed for any eligible relocation expenses.
____ I/We have been told what our relocation benefits are and want to be reimbursed for:

By signing, occupant(s) acknowledge receipt of copy of this form:

Occupant Signature Date Occupant Signature Date
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
45 ATTACHMENT F

LOAN SERVICING POLICIES AND PROCEDURES
FOR THE CITY OF ST. HELENA
The City of St. Helena, hereafter called “Sponsor,” has adopted these policies and procedures in order to preserve its financial interest in properties, whose “Borrowers” have been assisted with public funds. The Sponsor will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Sponsor has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.

The policies and procedures are broken down into the follow areas: 1) making required monthly payments or voluntary payments on a loan’s principal and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) processing of foreclosure in case of default on the loan.

1. Loan Repayments:

The Sponsor will collect monthly payments from those borrowers who are obligated to do so under Notes which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date.

For Notes which are deferred payment loans, the Sponsor must accept voluntary payments on the loan. Loan payments will be credited to principal. The Borrower may repay the loan balance at any time with no penalty.

2. Payment of Property Taxes and Insurance:

As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Sponsor as loss payee. Except for HOME-funded loans, if Borrower fails to maintain the necessary insurance, the Sponsor may take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

When a property is located in a 100-year floodplain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance naming the City of St. Helena as a lender loss payee will be required at close of escrow. The Sponsor will verify the insurance on an annual basis.

Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes then the Sponsor may pay the taxes current and add the Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
46 balance of the tax payment plus any penalties to the balance of the loan (not permissible when funded with HOME). Wherever possible, the Sponsor encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.

3. Required Request for Notice of Default:

When the Borrower’s loan is in second position behind an existing first mortgage, it is the Sponsor's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Sponsor’s loan. This document requires any senior lienholder listed in the notice to notify the Sponsor of initiation of a foreclosure action. The Sponsor will then have time to contact the Borrower and assist them in bringing the first loan current. The Sponsor can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it is in their best interest to contact any other senior lienholders regarding the status of their loans.

4. Annual Occupancy Restrictions and Certifications:

On owner-occupant loans the Sponsor may require that Borrowers submit utility bills and/or other documentation annually to prove occupancy during the term of the loan. For CDBG, some loans may have income and housing cost evaluations, which require a household to document that they are not able to make repayments, typically every five years. These loan terms are incorporated in the original note and deed of trust. On HOME-funded loans, annual occupancy verification will occur between March 1st and 15th of each year for the term of the loan.

5. Required Noticing and Restrictions on Any Changes of Title or Occupancy:

In all cases where there is a change in title or occupancy or use, the Borrower must notify the Sponsor in writing of any change. Sponsor and Borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Sponsor. Changes in title or occupancy must be in keeping with the objective of benefit to low-income households (below 80 percent of AMI).

Change from owner-occupant to owner-occupant occurs at a sale. When a new owneroccupant is not low-income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owneroccupant, subject to the approval of the Sponsor’s Loan Committee (depends on the HCD program).

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
47 If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low-income, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Sponsor’s Loan Committee.

Change from owner-occupant to owner-investor occurs when an owner-occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the owner converts any assisted unit from owner-occupied to rental, the loan is due in full.

Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Sponsor allow for a partial conversion where some of the residence is used for a business, but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.

6. Requests for Subordinations:

When a Borrower wishes to refinance the property, they must request a subordination request to the Sponsor. The Sponsor will subordinate their loan only when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the household with a lower interest rate and the total indebtedness on the property should not exceed the current market value.

Upon receiving the proper documentation from the refinance lender, the request will be considered by the loan committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Sponsor.

7. Process for Loan Foreclosure:

Upon any condition of loan default: 1) non-payment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; or 4) default on senior loans, the Sponsor will send out a letter to the Borrower notifying them of the default situation. If the default situation continues, the Sponsor may start a formal process of foreclosure.

When a senior lienholder starts a foreclosure process and the Sponsor is notified via a Request for Notice of Default, the Sponsor, who is the junior lienholder, may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount or payoff amount must be obtained by contacting the senior lienholder. This amount will Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
48 include all delinquent payments, late charges and fees to date. Sponsor must confer with Borrower to determine if, upon paying the senior lienholder current, the Borrower can provide future payments. If this is the case, then the Sponsor may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note. HOME funds may not be used for this purpose, however.

If the Sponsor determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lienholder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Sponsor does not have sufficient funds to pay the senior lienholder in full, then they may choose to cure the senior lienholder and foreclose on the property themselves. As long as there is sufficient value in the property, the Sponsor can afford to pay for the foreclosure process and pay off the senior lienholder and retain some or all of their investment.

If the Sponsor decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Sponsor fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Sponsor determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lienholder to complete foreclosure, the Sponsor's lien may be eliminated due to insufficient sales proceeds.

Sponsor as Senior Lienholder
When the Sponsor is first position as a senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Sponsor may consider foreclosure. Sponsor’s staff will consider the following factors before initiating foreclosure:
1) Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?
2) Can the Borrower refinance with a private lender and pay off the Sponsor? 3) Can the Borrower sell the property and pay off the Sponsor? 4) Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
5) Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
49 If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).

At the end of thirty days, the Sponsor should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the Sponsor of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Sponsor informed of the progress of the foreclosure proceedings.

When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Sponsor could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Sponsor could contract with a local real estate broker to list and sell the home and use those funds for Program income-eligible uses.

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
50 ATTACHMENT G
CITY OF ST. HELENA’S

FORECLOSURE POLICY
Sponsor As Junior Lienholder
It is the City of St. Helena’s (Sponsor’s) policy to prepare and record a "Request for Notice" on all junior liens (any lien after the first position) placed on properties financed by a loan.

This document requires any senior lienholder to notify the Sponsor of initiation (recordation of a "Notice of Default") of a foreclosure only. This is to alert the junior lienholder that they are to monitor the foreclosure with the senior lienholder. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it would be in their best interest to contact both senior lienholders regarding the status of their loans.

The junior lienholder may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount must be obtained by contacting the senior lienholder.

This amount will include all delinquent payments, late charges, advances (fire insurance premiums, property taxes, property protection costs, etc.), and foreclosure costs (fees for legal counsel, recordings, certified mail, etc.)
Once the Sponsor has the information on the reinstatement amount, staff must then determine if it is cost effective to protect their position by reinstating the senior lienholder, keeping them current by submitting a monthly payment thereafter, foreclosing on the property possibly resulting in owning the property at the end of foreclosure, protecting the property against vandalism, and paying marketing costs (readying the home for marketing, paying for yard maintenance, paying a real estate broker a sales commission).

Sponsor As Senior Lienholder
When the Sponsor is in a first position, or the senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
51 time the Sponsor may consider foreclosure. Sponsor staff will consider the following factors before initiating foreclosure:
- Can the loan be cured (brought current or paid off) by the owner without foreclosure?
- Can the owner refinance with a commercial lender and pay off the Sponsor? - Can the owner sell the property and pay off the Sponsor? - Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
- Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs? If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The owner must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).

Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
52 ATTACHMENT H

CERTIFICATION OF OCCUPANCY
CITY OF ST. HELENA
I/we declare as follows:
(Please Print Occupant’s Name(s))
That I/we am/are currently occupying as my/our principal place of residence the real property commonly known as:
(Address)
(City, State, Zip code)
Daytime Phone Number:

Executed on______________________, 20____, at ___________________, CA (Date) (City)
I/we declare under penalty of perjury that the foregoing is true and correct.

Signature(s) of all occupants:

Occupant: _______________________________________________________________ Occupant: _______________________________________________________________ Occupant: _______________________________________________________________ Occupant: _______________________________________________________________ Occupant: ___________________________________________________________ Agenda Item #9.8.

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St. Helena Housing Rehabilitation Program Guidelines
53 ATTACHMENT I

LEAD-BASED PAINT

VISUAL ASSESSMENT, NOTICE OF PRESUMPTION, AND HAZARD REDUCTION FORM Section 1: Background Information
Property Address: No LBP found or LBP exempt 
Select one: Visual Assessment  Presumption  Hazard Reduction  Section 2: Visual Assessment. Fill out Sections 1, 2, and 6. If paint stabilization is performed, also fill out Sections 4 and 5 after the work is completed.

Visual Assessment Date: Report Date:

Check if no deteriorated paint found 
Attachment A: Summary where deteriorated paint was found. For multi-family housing, list at least the housing unit numbers and common areas and building components (including type of room or space, and the material underneath the paint).

Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to occupant w/in 15 days of presumption.

Date of Presumption Notice:

Lead-based paint is presumed to be present  and/or Lead-based paint hazards are presumed to be present 
Attachment B: Summary of Presumption: For multi-family housing, list at least the housing unit numbers and common areas, bare soil locations, dust-lead location, and or building components (including type of room or space, and the materials underneath the paint) of lead-based paint and/or hazards presumed to be present.

Section 4: Notice of Lead-Based Paint Hazard Reduction Activity. Fill out Sections 1, 4, 5, and 6.

Provide to occupant w/in 15 days of after work completed.

Date of Hazard Reduction Notice:

Initial Hazard Reduction Notice? Yes  No  Start & Completion Dates:

If “No”, dates of previous Hazard Reduction Activity Notices:

Attachment C: Activity locations and types. For multi-family housing, list at least the housing unit numbers and common areas (for multifamily housing), bare soil locations, dust–lead locations, and/or building components (including type of room or space, and the material underneath the paint), and the types of lead-based paint hazard reduction activities performed at the location listed.

Attachment D: Location of building components with lead-based paint remaining in the rooms, spaces or areas where activities were conducted.

Attachment E: Attach clearance report(s), using DHS form 8552 (and 8551 for abatement activities) Section 5: Resident Receipt of Notice for Presumption or Lead-Based Paint Hazard Reduction Activity and Acknowledgement of Receipt of pamphlet Protection Your Family from Lead in Your Home.

Printed Name: Signature: Date:

Section 6: Contact Information Organization:

Contact Name: Contact Signature:

Date: Address: Phone:

Agenda Item #9.8.

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Page 188 of 260 ends

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: OLD BUSINESS
Subject: Discussion and proposed approval of a resolution rescinding Resolution 2019-66 and amending Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on
City Property
CEQA
Determination:

Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
The City Council established an outdoor flag display policy on June 13, 2017. The uniform policy established guidelines for flying the National, State, City, and Non-Governmental Flags on City-owned properties.

A member of the public approached Council Member Hall and requested that the City Council consider flying the POW flag on the ceremonial flag pole in perpetuity.

DISCUSSION
At the September 28, 2021 City Council meeting, staff was directed to bring the outdoor flag display policy back for discussion and direction related to the POW/MIA flag. Given the need to amend the policy to address the POW/MIA duration of flying the flag, staff also made additional recommendations. Staff reviewed the City of Napa's flag policy and incorporated some of their language into the draft for consideration. The City of Napa administratively processes flag requests similar to the City of St. Helena's banner requests. Staff is recommending flag requests be handled administratively rather than Council action since the majority of the same requests are routinely made on an annual basis. Following the City Council's request staff is providing a redlined version of the Agenda Item #11.1.

Page 189 of 260 ends

current adopted policy for consideration with updated mechanisms for flying the POW/MIA flag and the administrative approval process.

FISCAL IMPACT
No fiscal impact.

RECOMMENDED ACTION
Staff recommends adopting a resolution rescinding resolution 2019-66 and amending Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property.

ATTACHMENTS
Outdoor Display of Governmental and Non-Governmental Flags on City Property Policy Amendment #3 Redlined
Outdoor Display of Governmental and Non-Governmental Flags on City Property Policy Amendment #3 Clean
Attachment 3 - 2019-66 Rescinding Reso 2017-75 and Amending the Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property Attachment 4 - Resolution St Helena Flag Policy
Attachment 5 - Eric Hall.POW Flag Request
Agenda Item #11.1.

Page 190 of 260 ends

Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
flagNon-Governmental Flags on City
Property
City of St. Helena
Council Policy
Administration

Page 1 of 2 ends

Policy # P-CC-0001
Revision # 31
Implementation Date 2017-06-13
Title:

Outdoor Display of Governmental and
Commemorative or other Governmental NonGovernmental Flags on City Property Last Update Date 05-28-2019 Approval by City Council Resolution No. Date Approved
I. Purpose, Overview and Scope of this Policy
The purpose of this administrative policy is to establish a uniform policy to govern Outdoor Display of Governmental and Commemorative or other Governmental flagNonGovernmental Flags on City Property.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or to wear or carry a flag.

This policy rescinds the previous Outdoor Display of Governmental and Commemorative or other Governmental flagNon-Governmental Flags on City Property policies and remains in effect until rescinded by City Council.

II. Authority
The City Council has authority to update this policyThe City Manager is hereby authorized to establish and maintain written administrative regulations to document the procedures by which City staff will display flags in accordance with Flag Law.

III. Policy - Flying Flags on City Property at Half-Staff

1. National flags and/or California flags on City-owned property shall be flown at half-staff upon order of the President of the United States or authorization by the Governor of California.

2. National, California, and/or City flags on City-owned property may also be flown at halfstaff at the direction of the Mayor upon the death of:
a. A City Councilmember, past or present;
b. A City employee whose death occurred during the discharge of duty; c. A City employee or retiree having served the City for 25 or more years; and/or d. A prominent citizen not holding or having held elected public office, whose accomplishments and contributions to the community clearly demonstrated a commitment over and beyond that which would be normally associated with the performance of work.

Agenda Item #11.1.

Page 191 of 260 ends

Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
flagNon-Governmental Flags on City
Property
City of St. Helena
Council Policy
Administration

Page 2 of 2 ends

3. For the above circumstances, flags will be flown at half-staff as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.

IV. Policy – Display of Commemorative or Other Governmental Non-Governmental Flags on City Property

1. The Mayor and/or a member of the City Council or member of the public may submit a request to the City Manager in writing to display a Non-GovernmentalCommemorative or other Governmental Flag on a Ceremonial Flagpole in conjunction with official actions, ceremonial items, or proclamations of the City Council. The request shall specify:
a. the type of flag to be displayed, and
b. how display of the flag would relate to a prior or proposed official action, ceremonial item or proclamation of the City Council, and
b. the request is consistent with the City Council’s mission and vision statements, and c. the proposed time and manner of display.

2. Following consideration of a request, if the Council City Manager approves the request, either by minute order or in conjunction with adoption of some other official action, ceremonial item, or proclamation, the City shall display the requested Commemorative or other Governmental Non-Governmental Flag on a Ceremonial Flagpole at the time, place and manner so directed by the CouncilCity Manager. If the Council City Manager does not approve a request, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months.

3. When a Ceremonial Flagpole is not displaying a Non-Governmental Flag, Tthe City flag may be flown upon the order of the City Manager, in his or her discretion.

3. 4. When a Ceremonial Flagpole is not displaying a Commemorative or other Governmental flag, the POW/MIA Flag will be flown.

4. The Ceremonial Flag Pole will be located beside the existing governmental designated flag pole outside of the Police Departmentprincipal municipal administrative building or other municipal buildings at the City Manager’s discretion.

Agenda Item #11.1.

Page 192 of 260 ends

Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
flag Flags on City Property
City of St. Helena
Council Policy
Administration

Page 1 of 2 ends

Policy # P-CC-0001
Revision # 3
Implementation Date 2017-06-13
Title:

Outdoor Display of Governmental and
Commemorative or other Governmental Flags
on City Property Last Update Date 05-28-2019
Approval by City Council Resolution No. Date Approved
I. Purpose, Overview and Scope of this Policy
The purpose of this administrative policy is to establish a uniform policy to govern Outdoor Display of Governmental and Commemorative or other Governmental flag Flags on City Property.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or to wear or carry a flag.

This policy rescinds the previous Outdoor Display of Governmental and Commemorative or other Governmental flag Flags on City Property policies and remains in effect until rescinded by City Council.

II. Authority
The City Manager is hereby authorized to establish and maintain written administrative regulations to document the procedures by which City staff will display flags in accordance with Flag Law.

III. Policy - Flying Flags on City Property at Half-Staff

1. National flags and/or California flags on City-owned property shall be flown at half-staff upon order of the President of the United States or authorization by the Governor of California.

Agenda Item #11.1.

Page 193 of 260 ends

Policy
Outdoor Display of Governmental and
Commemorative or other Governmental
flag Flags on City Property
City of St. Helena
Council Policy
Administration

Page 2 of 2 ends

3. For the above circumstances, flags will be flown at half-staff as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.

IV. Policy – Display of Commemorative or Other Governmental Flags on City Property

1. The Mayor and/or a member of the City Council or member of the public may submit a request to the City Manager in writing to display a Commemorative or other Governmental Flag on a Ceremonial Flagpole in conjunction with official actions, ceremonial items, or proclamations of the City Council. The request shall specify:
a. the type of flag to be displayed, and
b. how display of the flag would relate to a prior or proposed official action, ceremonial item or proclamation of the City Council, and
the request is consistent with the City Council’s mission and vision statements, and c. the proposed time and manner of display.

2. Following consideration of a request, if the City Manager approves the request, either by minute order or in conjunction with adoption of some other official action, ceremonial item, or proclamation, the City shall display the requested Commemorative or other Governmental Flag on a Ceremonial Flagpole at the time, place and manner so directed by the City Manager. If the City Manager does not approve a request, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months.

3. The City flag may be flown upon the order of the City Manager, in his or her discretion.

4. When a Ceremonial Flagpole is not displaying a Commemorative or other Governmental flag, the POW/MIA Flag will be flown.

4. The Ceremonial Flag Pole will be located beside the existing governmental designated flag pole outside of the principal municipal administrative building or other municipal buildings at the City Manager’s discretion.

Agenda Item #11.1.

Page 194 of 260 ends

CITY OF ST. HELENA
RESOLUTION NO. 2019-66
Rescinding Resolution 2017-75 and Amending the Policy
P- CC-0001 Outdoor Display of Governmental and NonGovernmental Flags on City Property and Authorizing a Ceremonial Flag Recognizing LGBTQ Pride Month during
the Month of June

RECITALS
A. On June 13, 2017, the St. Helena City Council established a uniform policy to govern the flying of the National, State, and City flags on City-owned properties at half-staff to pay homage to the deceased and to govern the display of non- governmental flags on specified City-owned flagpoles; and
B. The City Council desires to amend the current policy establishing a more prominent I place to display non- governmental flags; and
C. The more prominent location will be a flag pole installed beside the existing governmental designated flag pole outside of St. Helena City Hall; and il D. A request has been made for the LGBTQ Pride Month flag to be flown the first half of the month of June and the Transgender flag will be flown the second half of June in recognition of LGBTQ Pride Month.

RESOLUTION
The City Council of the City of St. Helena hereby resolves:
1 . Approves City Council Policy P- CC-0001 Outdoor Display of Governmental and Non- Governmental Flags on City Property as outlined in the attached Exhibit A; and

2. Rescinds Resolution 2017-75; and

3. Authorizes a ceremonial flag recognizing LGBTQ Pride Month during the month of June; and

4. If any action, subsection, clause or phrase of this Resolution or the policies in Exhibit A shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or of the policy adopted by this Resolution that can be given effect without the invalid provisions; and
Agenda Item #11.1.

Page 195 of 260 ends

5. The City Council finds that the project is exempt from the requirements of CEQA pursuant to section 15303 in that it qualifies for a Class 3 Categorical Exemption.

Approved at a Regular Meeting of the St. Helena City Council on May 28, 2019, by the following vote:

Mayor Ellsworth: Yes
Vice Mayor pohring: Yes
Councilmember Chouteau: Yes
Councilmember Knudsen: Yes
Councilmember Koberstein: Yes
APPROVED: ATTEST:

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Agenda Item #11.1.

Page 196 of 260 ends

tY City of St. Helena P v
Outdoor Display of Governmental and
Council Policy Non-Governmental Flags on City Property
sr
HE.

Administration

Page 1 of 2 ends

Title: Policy# P- CC- 0001
Revision # 1
Outdoor Display of Governmental and Non- Implementation Governmental Flags on City Property Date
2017-06- 13
Last Update Date 2019- 05- 28
Approval by City
Council
Resolution No. 2019- 66 Date Approved 2019- OS- 28
I. Purpose, Overview and Scope of this Policy
The purpose of this administrative policy is to establish a uniform policy to govern Outdoor Display of Governmental and Non- Governmental Flags on City Property.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or to wear or carry a flag.

This policy rescinds the previous Outdoor Display of Governmental and Non- Governmental Flags on City Property policies and remains in effect until rescinded by City Council.

II. Authority
The City Council has authority to update this policy.

III. Policy- Flying Fla s on City Property at Half-Staff

1. National flags and/ or California flags on City-owned property shall be flown at half-staff I upon order of the President of the United States or authorization by the Governor of California.

2. National, California, and/ or City flags on City-owned property may also be flown at halfstaff at the direction of the Mayor upon the death of:
a. A City Councilmember, past or present;
b. A City employee whose death occurred during the discharge of duty; c. A City employee or retiree having served the City for 25 or more years; and/ or d. A prominent citizen not holding or having held elected public office, whose accomplishments and contributions to the community clearly demonstrated a commitment over and beyond that which would be normally associated with the performance of work.

3. For the above circumstances, flags will be flown at half-staff as soon as practicable following the notification of a death, and will ordinarily be continued for 48 hours.

Agenda Item #11.1.

Page 197 of 260 ends

jY City of St. Helena P Y
Outdoor Display of Governmental and
t Council Policy Non-Governmental Flags on City Property s;'
HE`.'
Administration
W _ Page 2 of 2
IV. Policy— Display of Non-Governmental Fla s on City Property

1. The Mayor and/ or a member of the City Council may submit a request to the City Manager in writing to display a Non-Governmental Flag on a Ceremonial Flagpole in conjunction with official actions, ceremonial items, or proclamations of the City Council. The request shall specify:
a. the type of flag to be displayed
b. how display of the flag would relate to a prior or proposed official action, ceremonial item, or proclamation of the City Council, and
c. the proposed time and manner of display.

2. Following consideration of a request, if the Council approves the request, either by minute order or in conjunction with adoption of some other official action, ceremonial item, or proclamation, the City shall display the requested Non- Governmental Flag on a Ceremonial Flagpole at the time, place, and manner so directed by the Council. If the Council does not approve a request, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months.

3. When a Ceremonial Flagpole is not displaying a Non- Governmental Flag, the City Flag may be flown upon the order of the City Manager, in his or her discretion.

4. The Ceremonial Flag Pole will be located beside the existing governmental designated flag pole outside of City Hall.

Agenda Item #11.1.

Page 198 of 260 ends

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Rescinding Resolution 2019-66 and Amending the
Policy P-CC-0001 Outdoor Display of Governmental and
Commemorative or other Governmental Flags on City
Property

RESOLUTION
The City Council of the City of St. Helena hereby resolves:

1. Rescinds Resolution 2019-66; and

2. Approves amending City Council Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property as outlined in the attached Exhibit A; and
Approved at a Regular Meeting of the St. Helena City Council on April 26, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Council Member Chouteau: __________
Council Member Hall: __________
Council Member Hardy: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #11.1.

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1 Cindy Tzafopoulos
From: Mark Prestwich
Sent: Wednesday, September 8, 2021 6:23 PM
To: Cindy Tzafopoulos
Subject: FW: POW flag on main pole
Hi Cindy,
Please prep this for consideration at the 9/28 meeting. Thanks! ‐Mark
From: Eric Hall <[email protected]>
Sent: Wednesday, September 1, 2021 12:54 PM
To: Mark Prestwich <[email protected]>
Cc: Cindy Tzafopoulos <[email protected]> Subject: RE: POW flag on main pole
Thank you for the background and help.

Best,
E
On Sep 1, 2021 11:50 AM, Mark Prestwich <[email protected]> wrote:

Hi Eric,
Attached is a link to last year’s POW flag request. Please note the attached policy describes the process (your email suffices to get this started) and allows the Council to decide the period a ceremonial flag can be flown so, while the Council has not previously authorized a flag to fly for a year, the Council can consider and make that request permanent. I will work with Cindy to add this to a future agenda.

https://sthelena.civicweb.net/document/40782/Request%20to%20fly%20the%20LGBTQ%20and%20POW_MIA%20flag %20on%20th.pdf?handle=2087EBD3D8F740EBA156F1ED0476B6C5

‐Mark

From: Eric Hall <[email protected]>
Sent: Tuesday, August 31, 2021 3:25 PM
To: Mark Prestwich <[email protected]>
Subject: POW flag on main pole

Mark,
Mike Griffin called to discuss placing a POW flag on the main flag pole, below the CA flag. He says there was a temporary thing done last year for a two‐week period and he, the American Legion, Native sons, Rotary and others are now requesting it fly permanently on the main flag pole. I told him I would support the effort, provided they pay for the flag. He agreed.

I told him I would write a formal letter to you. Let me know if you foresee any issues with this, and anything else to include in the letter. Thanks. Best,
Agenda Item #11.1.

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2 E
Eric Hall
Council Member, City of St. Helena
[email protected]
925‐708‐2686
www.cityofsthelena.org

Agenda Item #11.1.

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Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: OLD BUSINESS
Subject: Discussion and Direction for Scenarios to Return to In-person City Council, Boards, Commissions, and Committee Meetings CEQA
Determination:

Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California due to the threat of COVID-19. On March 12, 2020, Governor Newsom ordered that all residents heed any orders and guidance of the state and local public health officials, including social distancing measures to control the spread of COVID-19.

Additionally, that order waived portions of the Ralph M. Brown Act and authorized a local legislative body to hold public meetings via teleconference and to impose or recommend measures to promote social distancing and the City Council, Boards, Commissions have since been meeting virtually since March of 2020.

Governor Newsom signed Assembly Bill 361 (AB 361) on September 16, 2021, which amends the Ralph M. Brown Act to provide additional provisions that allow meetings of legislative bodies to continue to be conducted via teleconference. AB 361 went into effect immediately upon the Governor’s signature. When the Governor ends the emergency the City Council, Boards, Commissions, and Committee meetings must immediately resume to in-person with pre-pandemic requirements be reinstated such as:

1. At least a quorum of the public body must participate from locations within the local agency’s jurisdiction.

2. All remote locations from which a member of the body is participating must be made available for the public.

Agenda Item #11.2.

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3. Each remote location must be specifically identified in the notice and agenda of the meeting, including a full address.

4. Agendas must be posted at each remote location, even if a hotel room or a residence.

5. Each remote location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate.

6. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

DISCUSSION
In anticipation of the emergency order being lifted and pursuant to City Council request, staff is presenting the following items for City Council discussion and direction regarding continued virtual or in-person meetings.

Resuming in-person meetings enhances City operations and open government and highlights the value of in-person public participation.

Options for Council discussion and direction are as follows, also see the scenarios in attachment 1:

Agenda Item #11.2.

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Staff is recommending to the City Council to consider scenario three. This is identical to scenario two, but consultants and staff would be the only virtual participants at City Council, Boards, Commissions, and Committee meetings. If consultants are able to continue to join meetings virtually, travel related costs, which are typically imbedded in consultant agreements, would not be incurred and would yield a cost savings to the City.

If this process is considered the City Clerk may need an additional laptop and would need an additional staff member in attendance to manage remote consultants and/or staff.

FISCAL IMPACT
The fiscal impact includes the potential purchase of a laptop and an additional staff member attending the meetings.

RECOMMENDED ACTION
Staff is seeking City Council discussion and direction and recommends approving scenario three.

Agenda Item #11.2.

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ATTACHMENTS
Attachment 1 - Scenarios
Agenda Item #11.2.

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SCENARIO 1 SCENARIO 2 SCENARIO 3
PRE‐PANDEMIC FORMAT HYBRID MODEL HYBRYD FOR CONSULTANTS/STAFF DESCRIPTION City Council, Boards, Commissions, and
Committees, Public, Staff, and others will
participate in‐person only. No new requirements
for in‐person meetings.

Majority of City Council, Boards, Commissions,
and Committees will participate in‐person with
the option of remote participation in alignment
with legislative requirements; Public, Staff, and
others may participate in‐person or virtually at
the discretion of the City Manager. Public will
have the option to provide comment in person or
remotely.

City Council, Boards, Commissions, and
Committees, Public, Staff, and others will
participate in person only. Consultants and staff
may participate in‐person or virtually at the
discretion of the City Manager.

LOGISTICS Public meetings will convene as they were prior to the shelter in place order.

Meetings will convene at the pre‐pandemic
designated site but will also be hosted on the
Zoom platform. The experience for in‐person and
remote participants will be similar allowing for all
to see the same content displayed. Council
Member remote participation would be
dependent on policies and procedures both as
required by state regulations and the City’s
operating guidelines. This is the most complex
scenario and will take coordination and planning.

Meetings will convene at the pre‐pandemic
designated site but will also be hosted on the
Zoom platform for consultants and staff at the
discretion of the City Manager. The experience for
in‐person and remote participants will be similar
allowing for all to see the same content displayed.

BENEFITS Current equipment and staffing needs are ready and available
Reduce travel costs as consultants and public can
participate in person or remotely. Continued
broader participation by staff, public, and others
with the option to participate remotely.

Reduce travel costs as consultants and staff can
participate in person or remotely at the discretion
of the City Manager.

CHALLENGES Many of the current benefits that have been
realized from the past year of remote would not
continue:

Adjustments to both equipment and staffing
would be necessary in order to support this
model.

Adjustments to both equipment and staffing
would be necessary in order to support this
model.
• Public not allowed to participate remotely •
Council, Public, Staff, others required to be on site
• Budget for new laptop • Managing in‐person,
remote public speakers and consultant
presentations by additional staff • Meeting time
will be extended managing dual in‐person and
remote speakers
• Budget for new laptop • Managing in‐person
and remote consultant speakers by additional
staff • Meeting time will be extended managingdual in‐person and remote consultant speakers Agenda Item #11.2.

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Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: OLD BUSINESS
Subject: Discussion and direction regarding criteria to be considered in selection of Mayor if Measure G is approved by the voters CEQA
Determination:

Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
On November 2, 1976, the voters of St. Helena passed Measure G moving from an appointed Mayor to an elected Mayor. Forty six years later, on February 8, 2022, the City Council placed Measure G on the June 7, 2022 Statewide Direct Primary Election, for the voters to consider an appointed rotational Mayor. If Measure G passes, the new system of governance will not start until after the November 8, 2022 General Municipal Election, after which the Mayor would be selected annually from among the City Council Members.

DISCUSSION
As stated in the Background section, if Measure G is approved by the voters, a new process will be necessary to determine the selection of the Mayor position. At the February 8, 2022 City Council meeting, Council directed a follow-up item be brought to Council for discussion to begin the process establishing criteria to be utilized in the selection of Mayor and Vice-Mayor if Measure G passes.

Although Measure G provides for city council appointment of the Mayor, and not an automatic rotational system, Staff has provided sample policies for the selection of Mayor and Vice Mayor from other jurisdictions to highlight different selection criteria used in those jurisdictions (attached):

Agenda Item #11.3.

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1. Rohnert Park

2. Cotati

3. Healdsburg

4. Lincoln

5. Del Mar

6. Indian Wells

7. Oakley
After review of the attached policies, Council considerations include, but are not limited to:

1. Term of Office

2. Selection Criteria

3. Selection Method

4. Effective Date

5. Adopt via Ordinance or adopt as part of the Council Protocols Staff recommends City Council establish an Ad Hoc committee of two Council Members to work with the City Clerk, City Attorney and City Manager to develop a draft policy for Council consideration. It is anticipated the draft policy will be presented to City Council for discussion at least one time before the June 7, 2022 election. If Measure G is approved by the voters, the final policy will be brought before City Council for adoption prior to the November 2022 election.

FISCAL IMPACT
No fiscal impact.

RECOMMENDED ACTION
Form an Ad Hoc Committee and provide direction.

ATTACHMENTS
2022-13 CALLING & GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION ON JUNE 7, 2022 TO ASK VOTERS TO ADOPT AN ORDINANCE AMENDING SECTION 2.08.010 OF THE MUNICIPAL CODE TO CHANGE
Attachment 1 - Rohnert Park
Attachment 2 - City of Cotati
Attachment 3 - City of Healdsburg
Attachment 4 - City of Lincoln
Attachment 5 - City of Del Mar
Attachment 6 - Indian Wells
Attachment 7 - City of Oakley
Agenda Item #11.3.

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RESOLUTION NO. 2022- 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA

CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION ON JUNE 7, 2022 TO ASK VOTERS TO ADOPT AN ORDINANCE AMENDING SECTION

2. 08. 010 OF THE ST. HELENA MUNICIPAL CODE TO CHANGE THE OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE; REQUESTING

I THAT THE NAPA COUNTY BOARD OF SUPERVISORS CONSENT TO THE

CONSOLIDATION BY THE NAPA COUNTY REGISTRAR OF VOTERS OF THE SPECIAL ELECTION TO BE HELD JUNE 7, 2022 AND AUTHORIZING THE NAPA

COUNTY REGISTRAR OF VOTERS TO CANVAS THE ELECTION RESULTS FOR SUCH ELECTION; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE.

WHEREAS, the office of Mayor is currently an elected office in the City of St. Helena (" City"); and
WHEREAS, the office of Mayo"r stands for election every two years, the last election for this office being November 3, 2020 and the current term for this office expiring in November, 2022; and
WHEREAS, California Government Code section 34902( b) provides that:

Aftei- an office of elective mayor has been established, the city council may subsequently subinit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enun erated in this a• ticle, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the yotes cast on the proposition are in favor of the elimination of the office oi' elective mayor, the office shall be eli ninated on the expiiation date of the incumbent' s term, and on the date the procedure of selection of the mayor by the city council shall be reestablished."
WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and
WHEREAS, California Government Code section 34902 authorizes the City Council to submit to voters the question of whether the elective office of Mayor should be eliminated and replaced with a City Council- appointed office; and
WHEREAS, the City Council desires to submit to St. Helena voters a measure that would change the office of Mayor from an elective office to a City Council- appointed office; and WHEREAS, the City Council desires to consolidate the special municipal election for the ballot measure described herein with the Statewide Direct Primary Election to be held on June 7, 2022; and
Agenda Item #11.3.

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WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals. for and against the measure; and WHEREAS, the speci c terms of the measure are provided for in the ordinance to be considered b the ualified voters attached hereto as Exhibit " A" the " Ballot Ordinance" or" ea u e" a y q M s r ) nd by this reference made an operative part hereof, and in accordance with all applicable laws.

NOW, THEREFORE, BE IT RESOLVED The City Council of the City of St. Helena, California, does resolve, declare, determine and order as follows:

SECTION 1. Recitals. The City Council of the City of St. Helena hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Submission of Ballot Ordinance/ Measure. The City Council of the City of St. Helena, pursuant to its right and authority as contained in California Elections Code sections 9222, 10201, and 10400 et seq. and Government Code section 34902, hereby orders the Ordinance/ Measure attached hereto as Exhibit " A" to be submitted to the qualified voters of the City at the Special Municipal Election to be held and consolidated with the Statewide Direct Primary Election on June 7, 2022. The proposed Ordinance shall be in the form attached hereto as Exhibit" A" to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Elections Code sections 10400 et seq. and Government Code section 34902, does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the q
ualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the Special Municipal election to be consolidated with the Statewide Direct Primary Election on Tuesday, June 7, 2022, in addition to any other matters required by law, there shall be printed substantially the following question:

YES
Measure G:

Starting November 8, 2022, shall the position of a directly elected mayor be eliminated, so that the St. Helena City NO Council is composed of five members who will select a
member be mayor?"
SECTION 4. Election Procedures/ Request for Consolidation.

A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on June 7, 2022, and to hold and conduct the consolidated election in the manner prescribed in Elections Code section 10418.

Agenda Item #11.3.

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B. The ballots to be used at the election shall be in the form and content as required by law.

C. In accordance with Elections Code section 10002, the Board of Supervisors of Napa County is hereby requested to consent to having the Napa County Registrar of Voters render such election services to the City of St. Helena as may be requested by the City Clerk of said City, the County of Napa to be reimbursed in full for such services as are performed.

D. The election services which the City of St. Helena requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform: the preparation, printing and mailing of sample ballots and guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of St. Helena; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election.

F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote- by- mail procedures and timing, and election officers, and all other persons and procedures for the Special Municipal Election shall be the same as those utilized by the County of Napa; and
G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law..

I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The Napa County Registrar of Voters is hereby authorized to canvass the returns of said election.

Agenda Item #11.3.

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K. The City Clerk of the City of St. Helena shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Ar uments and Anal vsis.

A. The City Council authorizes ( i) the City Council or any member( s) of the City Council, ( ii) any individual voter eligible to vote on the above measure, ( iii) a bona fide association of such citizens or ( iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including March 18, 2022, after which no arguments for or against the measure may be submitted to the City Clerk.

Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the " Form of Statement to be filed by Author( s) of Argument" as provided by the City Clerk.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by March 11, 2022. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following: " The above statement is an impartial analysis of Measure G. If you desire a copy of the ordinance or measure, please call the election official' s office at (707) 968-2742 and a copy will be mailed at no cost to you."
Agenda Item #11.3.

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SECTION 6. Rebuttals.

A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than March 25; 2022, accompanied by the " Form of Statement to be filed by Author( s) of Argument" as provided by the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 7. Placement on the Ballot. The full text of the Ballot Ordinance shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinance and/ or ballot measure, at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to Countv. The City Clerk shall certify to the passage and adoption of this Resolution. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ballot Ordinance attached hereto as Exhibit " A", to the Clerk of the Board of Supervisors of Napa County and to the Registrar of Voters of Napa County.

SECTION 9. Severabilitv. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
continued on next page]
Agenda Item #11.3.

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l
SECTION 10. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of St. Helena, California, at a regular meeting held on this 8th day of February, 2022, by the following vote:

AYES: Ellsworth, Dohring, Chouteau, Hardy and Hall
NOES: None
ABSTAIN: None
ABSENT: None

GEO ELLS RTH, MAYOR
ATTE S T:
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1 Agenda Item #11.3.

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EXHIBIT "A"
ORDINANCE NO. 2022-
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ST. HELENA,
CALIFORNIA, AMENDING SECTION 2. 08.010 OF CHAPTER 2.08 OF TITLE 2 OF THE ST. HELENA MUNICII' AL CODE TO CHANGE THE

OFFICE OF MAYOR FROM AN ELECTED OFFICE TO AN APPOINTED
OFFICE.

NOW THEREFORE, THE PEOPLE OF THE CITY OF ST. HELENA DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of St. Helena at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, the first sentence of Section 2. 08. 010 of Chapter 2. 08 of Title 2 of the St. Helena Municipal Code is hereby amended to read as follows:

2. 08. 010— Mayor' s term of office and duties.

Commencing with the November 8, 2022 General Municipal Election, tHe Office of Mayor in the City of St. Helena shall cease to be an elective office and shall become an appointive office, and, based on criteria identified by the City Council, the City Council shall annually choose one of its members to act as Mayor, through those rules and procedures it may prescribe by ordinance or resolution."
The remainder of Section 2.08.010 shall remain unchariged by this ordinance.

SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/ or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of St. Helena which are in conflict with any provision of this Ordinance.

SECTION 4. This section shall not be repealed or amended except by a measure approved. by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.

SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of St. Helena voting at a Special Municipal election to be held on June Agenda Item #11.3.

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7, 2022, and shall take effect ten ( 10) days after the City Council has certified the results of the Special Municipal election by resolution.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on June 7, 2022, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of St. Helena on the 7th day of June, 2022.

I
Dated:

GEOFF ELLSWORTH, MAYOR
ATTEST:
i

CINDY TZAFOPOULOS, CITY CLERK
Agenda Item #11.3.

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-20-
continuance by an applicant or appellant may only be made in accordance with the Healdsburg Municipal Code.

F. Decision
The Council shall consider all evidence properly presented in accordance with the rules stated herein and, unless otherwise provided by law, said decision or determination shall be made by motion, resolution, or ordinance, as appropriate.

Action may be taken thereon at a subsequent meeting of the Council. Any Councilmember who failed to hear portions of the hearing and who did not familiarize himself/herself with the hearing or conduct thereof so as to be able to publicly state that he/she was familiar with the issues and evidence presented at the hearing shall disqualify himself/herself from discussing or voting on such matter.

G. Record of Hearing
An electronic recording shall be made of the oral evidence presented at the hearing. Said recording, together with all documents, maps, exhibits, and displays admitted into evidence, shall be retained by the City Clerk for a period of one year from the date of the close of the hearing. In lieu of retaining said recording, the City Clerk may prepare a typewritten transcript thereof which shall be retained for the same period of time.

X. MAYOR AND VICE MAYOR: RESPONSIBILITIES/ SELECTION
A. Powers and Duties Generally.

The Mayor shall be the official head of the City for all ceremonial purposes and he or she shall perform all duties imposed upon him or her by the laws of the State or by ordinance of the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. (Healdsburg Municipal Code 2.20.010) B. Term
The Mayor is appointed for a one-year term at the first regular meeting in December on non-election years or immediately following the installation of the newly-elected Councilmembers if the results of the election are not certified at the first Council meeting of December.

The Vice Mayor is appointed for a one-year term. The Vice Mayor is not a natural ascendancy to Mayor and there is no rotation system for selecting the Mayor or the Vice Mayor. The Vice Mayor shall also serve at the pleasure of the other Councilmembers.

C. Selection Of Mayor And Vice Mayor

1. Presiding Officer for Selection of Mayor
The officer presiding over the selection process shall serve as Mayor Pro Tempore and preside over Council meetings until a Mayor is elected. The individual functioning as Presiding Officer for the election of Mayor shall be Agenda Item #11.3.

Page 222 of 260 ends

-21-
in the following order:
a. The incumbent Mayor if still on the Council.
b. The incumbent Vice Mayor if still on the Council.
c. The Councilmember with the longest period of continuous service.

Should there be two or more Councilmembers of equal length of service, the Councilmember who received the highest number of votes in the most recent election shall function as the Presiding Officer.

2. Nominations
The Presiding Officer shall call for nominations from the dais for Mayor and Vice Mayor. The Presiding Officer, at his/her discretion, may call for separate nominations. Each nomination must receive a second and be accepted by the nominee prior to a vote on the nomination.

3. Voting
If only one Councilmember is nominated for Mayor and Vice Mayor, the Presiding Officer shall call for a vote on the nomination. If two or more Councilmembers are nominated for each of the positions and those nominations receive a second and are accepted by the nominees, the Presiding Officer shall ask for separate votes on each of the nominations.

In the event that separate nominations are called for Mayor and Vice Mayor the same voting procedure shall be followed.

If the incumbent Mayor is no longer on the Council, the newly selected Mayor will assume the role of Presiding Officer immediately following the selection. If the incumbent Mayor is on the Council and during non-election years; the Mayor and Vice Mayor term will be effective the first of the year.

D. Proclamations
Proclamations are issued and/or scheduled for presentation at a City Council meeting at the discretion of the Mayor in consultation with the City Manager.

XI. COUNCIL GOALS
A. Council Goals are set by the City Council.

B. Staff will prepare an update on City issues, trends, and relevant information to assist the City Council with preparations for their goal setting process.

C. The purpose of the goal setting process is to establish a limited number of high priority consensus goals that the City will focus on for the next year.

D. Staff will develop projected outcomes for each goal for approval by the City Council.

Agenda Item #11.3.

Page 223 of 260 ends

• CHAPTER 2.06 - ROTATION FOR MAYOR AND VICE-MAYOR

POSITIONS
• 2.06.010 - Purpose and intent.

Section 36801 Government Code of the state of California requires that the city council meet after a general municipal election to choose one of its members as mayor and one of its members as mayor pro tempore or vice-mayor. The purpose of this chapter is to set out a method to establish a rotation determining which councilmembers shall be chosen to serve as mayor and vice-mayor each year in order to avoid any misunderstanding or disagreements.
(Ord. 674B §1(part), 1999)
• 2.06.020 - Establishment of rotation.

Effective on the first Tuesday following the general municipal election in November, 2000, the rotation for councilmembers determining who shall be chosen to serve as mayor and vice-mayor shall be based, to the extent possible, on the following rules and policies:

1. The position of mayor shall be filled by an incumbent with at least two years of service—on the city council;

2. Upon the election or appointment of a new councilmember, the new individual shall be placed at the bottom of the rotation list. In the event of an election of more than one new individual to the city council, the ranking of order of the new councilmembers shall be in relation to the number of votes received at the election. The individual with the greatest number of votes shall be placed immediately below the incumbents including incumbents who are reelected. The individual with the second greatest number of votes shall be placed below the first and so on. Following an election, the previous incumbent mayor shall be placed in the rotation above the newly elected councilmembers and below other incumbents, including incumbents who are reelected. Incumbents shall stay in their position in the rotation relative to other incumbents, even after reelection.

3. In instances where there are four or five new individuals elected to the city council, those individuals filling positions with shorter terms remaining shall be placed at the top of the rotation list, in order of votes received at the election. Councilmembers with longer terms shall be placed below the shorter term councilmembers on the rotation list, in order of votes received at the election.

Agenda Item #11.3.

Page 224 of 260 ends

4. If multiple appointments are made simultaneously, the rank in the rotation between or amongst the appointments shall be determined by a coin toss. (Ord. 674B §1(part), 1999)
Agenda Item #11.3.

Page 225 of 260 ends

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Page 230 of 260 ends

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Page 231 of 260 ends

Page 232 of 260 ends

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: NEW BUSINESS
Subject: Formula Business Zoning Policy Discussion
CEQA
Determination:

Not a CEQA project
Prepared By: Maya DeRosa, Planning & Building Director
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
The Zoning Code has contained regulations for formula businesses since April 1994. The current code limits formula uses to only retail type establishments with a conditional use permit and restaurants are prohibited. During the preparation of the updated zoning code this topic was discussed by the Zoning Code Subcommittee. Staff shared with the subcommittee that the City Council on August 24, 2021, discussed formula businesses in the context of the an economic strategy for the downtown, and there was discussion of defining formula related to a maximum number of locations and relaxing the currently restrictive regulations pertaining to formula business in order to stimulate more economic activity. Below is the relevant section of the report:

A. Reduce Restrictions on Formula Retail Businesses
Current City regulations require a Conditional Use Permit to operate a formula retail business (defined as more than one similar operating business anywhere) issued by the Planning Commission. The cost to a prospective formula retail business to submit a request and plans to the City Planning Commission for consideration to open is approximately $5,800, a significant cost few will consider as there is no certainty of approval. Formula restaurants (defined as more than one single restaurant operating business to be replicated in St.

Helena) are strictly prohibited.

Agenda Item #12.1.

Page 233 of 260 ends

As downtown retail businesses struggle to remain profitable in an era of online and improved regional competition and expensive rent, the City risks increasing retail vacancies without removing the restrictions on a portion of the retail market that traditionally has overlooked business investment in St. Helena (formula retail businesses). While a City policy change in 2019 did allow a formula retail business the opportunity to secure an over-the-counter temporary pop-up retail permit for up to three months, this limited window of operation coupled with the uncertainty of securing eventual Planning Commission approval should they desire to operate beyond three months, discourages formula businesses from considering investment in St. Helena. No formula retail businesses were among the 21 temporary use permits processed by the City since this program became available.

To balance the community’s desire for unique retail while also considering ways to reduce vacancies, the City should consider reducing restrictions on formula businesses. For example, the City could allow up to a certain number of new formula businesses in the downtown district (e.g. up to 10), update the Municipal Code to define formula businesses as more than 10 locations throughout the United States as many other cities do (vs. more than “one” anywhere) so smaller emerging formula retailers have an opportunity to grow their business in St. Helena. Other communities have also required sensitive and compatible signage and proximity limits for formula businesses.

Alternatively, the City could remove the restriction altogether for a marketbased approach in this extremely competitive new retail era.

Before finalizing the public review draft of the zoning code, staff desires more clear policy direction on how the updated code should regulate formula businesses which is the focus of this report.

DISCUSSION
General Plan
The adopted 2019 General Plan provides specific policies in both the Land Use Element and Economic Sustainability Element related to formula retail and restaurants in St.

Helena (Attachment 1). There are specifically four policies that reinforce the City should continue to prohibit formula restaurants. Should the City choose to allow for limited formula restaurants in the zoning code (staff does not recommend this approach), there should be a corresponding General Plan Amendment to avoid inconsistency. There appears to be more flexibility for how the City desires to regulate formula retail in the zoning code assuming it is consistent with the policy to encourage retail services which do not require a consumer base larger than the population of St. Helena and its vicinity (LU3.C)
Survey of Other Cities
As noted in Attachment 2, in preparation for this discussion, staff surveyed the zoning codes of the cities of Sonoma, Healdsburg, Coronado, Aspen, Carmel by the Sea, and Agenda Item #12.1.

Page 234 of 260 ends

Solvang. These cities were selected as they are similar to St. Helena in that they are visitor serving destinations with distinguished character. Most of the cities did include a threshold number of business locations in their definition of a formula business.

Additionally, staff's research noted that Carmel by the Sea and Solvang only regulated formula restaurants in their zoning codes, not formula retail. Healdsburg had the most restrictive policy in that any type of formula business operation was prohibited around the plaza.

Definition of Formula Business
The current definition of formula business in the zoning code is as follows:

Formula Business: "Formula Business" (not including formula restaurants which are prohibited) means
a business which is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs or other similar features. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations.

Proposed updated definition of formula business (changes in underline):
"Formula Business" (not including formula restaurants which are prohibited) means a business which is required by contractual or other arrangement to maintain any of the following: standardized services, decor, uniforms, architecture, signs, trademark, name or other similar standardized features which cause them to be substantially identical to 10 or more other businesses in the United States regardless of ownership or location. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations.

Additionally, the City may want to consider clarifying what land uses are regulated by formula business. For example, the City of Sonoma notes that formula definition applies to most retail, restaurant, and personal service uses (such as salons), but not to uses such as offices, hotels, banks or gas stations.

Options of how to regulate formula retail in the zoning code Attachment 3 provides a summary of options by commercial zoning district. The Central Business (CB) District is the City's historic Main Street and, in order to protect that character and experience, the limitations for formula business should be more regulated in the CB District as opposed to the future Mixed Use (MU) zones to be designated by the zoning code update and Service Commercial (SC) zones and should, therefore, Agenda Item #12.1.

Page 235 of 260 ends

require a use permit approval by Planning Commission. Two options for regulating formula businesses are outlined in the attachment, one being less restrictive (Option 1) and the other being more restrictive (Option 2), which requires a use permit in two of the three commercial districts and caps the maximum number of formula businesses in the commercial districts to not exceed four. If the City wanted to initiate are more open policy towards formula retail, the City could consider allowing formula retail by right in the Mixed Use (MU) and SC commercial zoning districts. These sites are primarily located to the south of historic downtown and have a different identity, being more highway oriented commercial (many are included in the Highway 29 Specific Plan). The Sunshine Market is designated MU in the General Plan and will be rezoned to MU in the code update. If the City desires to regulate a future retailer in this location, Option 2 would ensure the application would be reviewed by the Planning Commission via a use permit. If there was concern about too many formula businesses over time in any commercial district, the City could consider setting a cap of the total number of formula retail businesses in the three commercial zones, as noted by Option 2 (staff recommendation).

In the Zoning Code Subcommittee discussion, there was not a discussion of formula business by zone but some of the feedback was that the the City should allow both retail and restaurant types of formula business in the City. During the Downtown Stakeholder meeting hosted by the City last year, which the Chamber participated in, the main comment given to the City was to create more certainty for applicants in the use permit process and create specific findings for these types of use permits (see discussion in this staff report). There has not been broad community outreach on this topic yet; however, staff anticipates broad community outreach through the zoning code adoption process.

The City Council could opt for a survey of the community to receive further input.

Options of how to regulate formula restaurants in the zoning code As noted earlier in this report, the General Plan includes multiple policies that advise the City continue to prohibit formula restaurants. Staff recommends no change to prohibiting formula restaurants in the City limits. If the City Council elects a more flexible approach, an alternate approach could be to allow a maximum of two formula businesses with a use permit and limit the location to the Service Commercial (SC) zone. This would require a General Plan amendment to the policies noted in Attachment 1 as part of the Zoning Code Update.

Require specific use permit findings for formula businesses In the last Zoning Code Subcommittee meeting, staff recommended that there be consideration of adding specific findings related to formula business use permits to make the review process by the Planning Commission more objective. The proposed findings are below and the Planning Commission would need to make all of the following findings in addition to the standard use permit findings:

Agenda Item #12.1.

Page 236 of 260 ends

1. The formula business establish will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena, and will preserve the distinctive visual appearance and shopping/dining experience of St. Helena for its residents and visitors; and
The following additional finding is required for the granting of a use permit for formula businesses on sites located within the CB district:

3. The formula business establishment will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St.

Helena.

Next Steps
Following this City Council discussion and based on City Council direction, the next anticipated steps could involve; outreach through the Chamber; City staff sharing with the zoning code consultant the proposed changes (if any) to the code; reporting back to the Zoning Code Subcommittee the outcome of the policy direction; releasing a public review draft of the zoning code; and holding a series of joint meetings with the Planning Commission and City Council to receive public comments on the draft code before formal code adoption hearings.

FISCAL IMPACT
This policy discussion by the City Council will not result in any direct fiscal impact. There could be secondary fiscal impacts of a change in this policy such as potential increased sales tax revenue by less restrictive formula business policy. There is no additional cost to amend the zoning ordinance as this is part of the scope of work of the zoning code consultant.

RECOMMENDED ACTION
Provide policy direction to staff regarding:
- Definition of formula business
- Regulation of formula retail and restaurants
- Adding use permit findings for formula businesses as suggested

ATTACHMENTS
Attachment 1-General Plan policies pertaining to formula businesses Attachment 2-Formula Business Comparison Table of Other City Regulations Attachment 3-Formula Retail Options by Zoning District
Agenda Item #12.1.

Page 237 of 260 ends

St. Helena General Plan Policies Related to Formula Businesses Land Use Element
LU3.5 Ensure that new retail and commercial development is compatible with and complementary to St.

Helena’s small-town image. In addition, within the City’s Central Business District, new retail and commercial development should be of a scale and type that complements the historic character.

LU3.C Encourage retail services which do not require a consumer base larger than the population of St.

Helena and its vicinity. For the purposes of the General Plan, “vicinity” is defined as the surrounding agricultural area for which St. Helena has historically provided goods and services, including Calistoga, Angwin, Deer Park, Meadowood, Madrone Knoll, Rutherford, and the unincorporated area south of St.

Helena.

Economic Sustainability Element

Page 3 ends

existing prohibition of formula restaurants, outlet and chain stores, and large-scale retail businesses to ensure that St. Helena’s businesses continue to complement its distinctive small-town character.

ES1.B Update the Municipal Code to (a) encourage to the extent feasible businesses that are complementary to St. Helena’s small-town character and that provide a range of goods to local residents; (b) define and permit non-chain, discount type stores while maintaining the existing provisions in the Municipal Code that prohibit formula restaurants, outlet, and chain discount-type stores, and retail businesses over 10,000 square feet in size; and (c) limit certain nonretail uses, such as real estate offices, from occupying ground-floor retail space in Central St. Helena.

ES2.2 Encourage visitor-serving uses oriented toward an upscale market, consistent with the Valley’s reputation as a producer of world-class wines. Discourage the introduction of uses that are dependent upon a mass tourist market.

ES2.7 Do not legislate or restrict the number of restaurant seats, but continue to prohibit formula restaurants.

ES2.A Continue to prohibit formula restaurants, chain discount stores, and time-share lodging projects (excluding Fractional Ownership Lodging). Consider destination membership clubs and other potential lodging options that contribute to the Transient Occupancy Tax (TOT) revenue stream subject to a conditional use permit.

Agenda Item #12.1.

Page 238 of 260 ends

Formula Business Comparison Table of Other City Regulations Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
Definition of
formula business
“…defined as auto
parts sales, building
material stores,
furniture,
furnishings and
equipment stores,
general retail uses,
grocery stores,
personal services,
or restaurants, as
defined in this
section, which are
required by
contractual or
other arrangement
or affiliation to
maintain a
standardized
(“formula”) array of
services and/or
merchandise,
menu, employee
uniforms, decor,
facade design,
signage, color
scheme, trademark
or servicemark,
name, or similar
No mention or
definition of
“Formula
Business” found in
zoning code but
the General Plan
Land Use Element
has the following
policy:

LU-D-5 : Formula
businesses are
prohibited on
properties around
the historic Plaza
in order to
preserve its
character of
small, unique
businesses that
are attractive to
residents and
visitors.
“….means any type
of commercial
business
establishment that
uses a trademark,
logo, service mark
or other mutually
identifying name or
symbol that is
shared by 15 or
more commercial
businesses (other
than a “formula fast
food restaurant”)
and which
maintains any
standardized
(“formula”) array of
service and/or
merchandise, decor,
business method,
architecture,
layout, uniform, or
similar,
standardized
feature.”
“Any "restaurant,
bar and
entertainment uses"
and "retail uses", as
defined in this
Chapter, that has
eleven (11) or more
other
establishments in
operation, or with
local land use or
permit entitlements
already approved
and effective,
located anywhere in
the United States. In
addition to the
eleven (11)
establishments
either in operation
or with local land
use or permit
entitlements
approved for
operation, the
business maintains
two (2) or more of
the following
“Formula Food
Establishment.

A business that
(1) is required
by contractual
or other
arrangements
to offer
standardized
menus,
ingredients,
food
preparation,
employee
uniforms,
interior decor,
signage or
exterior design;
or (2) adopts a
name,
appearance or
food
presentation
format that
causes it to be
substantially
identical to
another
“RESTAURANT,
FORMULA. A
restaurant
devoted to the
preparation and
offering for sale
of food and
beverages for
consumption
either on or off
the premises,
which is required
by contractual or
other
arrangements to
offer any of the
following.
standardized
menus,
ingredients, food
preparation,
decor, uniforms
or similar
standardized
features, and
where there are
five (5) or more
similar locations
Agenda Item #12.1.

Page 239 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
standardized
features, which
cause them to be
substantially
identical to 10 or
more other
businesses in the
United States
regardless of
ownership or
location at the time
that the application
is deemed
complete.
features: a
standardized array
of merchandise,
standardized array
of services, a
standardized
facade, a
standardized decor
and color scheme,
uniform apparel,
standardized sign, a
trademark, or a
service mark.
restaurant
regardless of
ownership or
location.”
“Fast Food
Establishment.

A business
where food is
consumed on or
off the site and
food is (1) premade and
wrapped before
customers place
orders, and/or
(2) served with
disposable
tableware for
on-site food
consumption.”
nationwide.

Notwithstanding
the foregoing, a
full service
restaurant,
where there are
less than twentyfive (25)
locations
nationwide does
not meet the
definition of a
formula
restaurant and
“uniforms” do
not include
Northern
European ethnic
garb.”
Municipal Code
Chapter
Chapter 19.50:

Special Use
Standards
Chapter 20.08:

Base Zoning
Districts
Chapter 86.55.360
& 86.55.370
Chapter

26.104.110(c)
Formula Use &
Chapter 26.425.045
Chapter

17.14.040(I)(J) &

17.56.020
Chapter 11-12-7
& 11-7A-2
Formula
Restaurant
(Prohibited/CUP/P)
Prohibited within
the plaza retail
overlay zone.

Not allowed in
Plaza Retail
District or
CD district;
Must obtain a minor
special use permit.

Fast food restaurant
CUP Prohibited
“E. Formula
Restaurants. No
new or expanded
formula
restaurant shall
Agenda Item #12.1.

Page 240 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
Conditional in CS
district
may only relocate or
physically expand
be permitted in
the TRC Tourist
Commercial
District of the
city.”
Formula Retail
(Prohibited/CUP/P)
CUP
Varies per district
in CD, CS, GMU,
MU and I districts.
-General retail
permitted in MU, I
district.

Allowed in HotelMotel Zone with
major use permit.
“The cumulative
expansion of a
formula business
establishment by
500 or more square
feet of floor area
shall require a
minor special use
permit amendment
or a minor SUP if
the establishment
does not already
have a major special
use permit.”
CUP No mention of
Formula Retail
in Zoning Codebut most likely
prohibited.

No mention of
Formula Retail in
Zoning Code.

Formula
Restaurant-Max
number allowed

N/A N/A
No more than 1
formula fast food
restaurants
operating per site.
“When it would not
result in formula
fast food
N/A Prohibited N/A
Agenda Item #12.1.

Page 241 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
restaurants
operating at more
than 10 sites under
the jurisdiction of
this title…”
Formula RetailMax number
allowed

N/A N/A N/A N/A N/A N/A
Historic District
“The establishment
or expansion of a
formula business
within the historic
district shall require
the approval of a
use permit in
compliance with
SMC 19.54.040.”
N/A N/A See exemptions
below.

N/A N/A
Exemptions
“The provisions of
this section shall
not apply to
formula businesses
located or
proposed to be
located in the
following shopping
centers: (1)
Sonoma Valley
Center; (2) the
N/A N/A “Exceptions include
those exceptions set
forth in the
definitions of
"restaurants, bars
and entertainment
uses" and "retail
uses" (general and
specialty).”

N/A N/A
Agenda Item #12.1.

Page 242 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
Marketplace; (3)
Maxwell Village;
and (4) Fifth Street
West Plaza.”
“(2) Exemptions.
a. Exemptions. This
Section shall not
apply to commercial
and mixed-use
buildings and
structures within
the CC zone district,
C-1 zone district,
and the Main Street
Historic District (MU
zone district) that
meet any one (1) or
more of the
following
characteristics:

1.Buildings or
structures
constructed or
under construction
prior to the
effective date of
Ordinance 6, Series
2017.

2.Buildings or
structures which
will be constructed
pursuant to any
approval for
development
granted prior to the
effective date of
Agenda Item #12.1.

Page 243 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
Ordinance 6, Series
2017.

3.Buildings or
structures which
will be constructed
pursuant to any
development
application
submitted for
approval prior to
the effective date of
Ordinance 6, Series
2017.
b. Loss of
Exemption. Any
building or structure
exempted by this
Section will become
subject to this
Section upon the
occurrence of one
(1) of the following
activities, provided
that they were not
caused by the
occurrence of fire,
flood, or acts of
nature:

1.demolition, as
defined in Title 26;
or 2.renovation or
construction of an
Agenda Item #12.1.

Page 244 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang
existing building or
structure (i.e.
addition to an
existing building or
structure) that
results in an
increase of more
than five-hundred
(500) square feet of
net leasable space,
and more than twohundred-fifty (250)
square feet of Floor
Area, pursuant to
Section

26.470.090(c),
Minor expansion of
a commercial,
lodge, or mixed-use
development.
c. Notwithstanding
the foregoing, the
following activities
shall not cause a
loss of exemption:

1.rehabilitation and
other construction
necessary to comply
with the law (e.g.

ADA compliance);

2.reconfiguration of
leased areas; or
Agenda Item #12.1.

Page 245 of 260 ends

Criteria Sonoma Healdsburg Coronado Aspen Carmel by the Sea
Solvang

3.improvements
reasonably
necessary for tenant
to occupy a leased
space.

Agenda Item #12.1.

Page 246 of 260 ends

Formula Retail Options by Zoning District
(Based on proposed amended definition of formula business) Zone Option 1-Less
Restrictive
Option 2-More
Restrictive
CB (Central Business) • Use Permit
• No maximum
• Use Permit
• Maximum of
4 formula
businesses
allowed in CB
District
MU (Mixed Use) • Permitted
• No maximum
• Use Permit
• Maximum of
4 formula
businesses
allowed in
MU District
SC (Service
Commercial)
• Permitted
• No maximum
• Permitted
• Maximum of
4 formula
businesses
allowed in SC
District
Agenda Item #12.1.

Page 247 of 260 ends

Page 248 of 260 ends

City Council
April 26, 2022
Formula Business Zoning Policy
Discussion
Agenda Item #12.1.

Page 249 of 260 ends

Background: Formula Policy
• Tonite is a policy discussion to provide feedback to staff regarding whether changes should be made to the current Formula Businesses regulations as part of the Comprehensive Zoning Code Update
• Zoning Code Subcommittee on February 9, 2022 recommended this topic be discussed by the City Council prior to making any changes to the public review draft • August 24, 2021, the City Council discussed this topic as part of an economic strategy for the downtown, with recommendations to define a formula business related to a maximum number of locations and relaxing the currently restrictive regulations
Agenda Item #12.1.

Page 250 of 260 ends

What are the current regulations?
• Formula Restaurants prohibited in zoning code Citywide • Formula Retail requires a Use Permit approval by the Planning Commission
• Formula Retail may be granted a Temporary Use Permit (staff approval) to operate for up to 90 days (to date, no formula business has utilized this)
Agenda Item #12.1.

Page 251 of 260 ends

2019 General Plan
Economic Sustainability Element (Page 3-5):
“Outreach efforts have indicated broad support in the community for maintaining the City’s existing prohibition of formula restaurants, outlet and chain stores, and large-scale retail businesses to ensure that St. Helena’s businesses continue to complement its distinctive small-town character.” Implementation Action ES1.B
Update the Municipal Code to (a) encourage to the extent feasible businesses that are complementary to St. Helena’s small-town character and that provide a range of goods to local residents; (b) define and permit non-chain, discount type stores while maintaining the existing provisions in the Municipal Code that prohibit formula restaurants, outlet, and chain discount-type stores, and retail businesses over 10,000 square feet in size; and (c) limit certain nonretail uses, such as real estate offices, from occupying ground-floor retail space in Central St. Helena. (For additional policies related to formula business please see staff report Attachment 1) Agenda Item #12.1.

Page 252 of 260 ends

Definition of Formula Business
Current zoning code definition:

Formula Business: "Formula Business" (not including formula restaurants which are prohibited) means a business which is required by contractual or other arrangement to maintain any of the following:
standardized services, decor, uniforms, architecture, signs or other similar features. This shall include, but not be limited to, retail sales and service, visitor accommodations, wholesale and industrial operations.

Agenda Item #12.1.

Page 253 of 260 ends

Options for Regulating Formula
Retail
• Consider allowing in commercial zoning districts outside the downtown Central Business District as permitted use
• Consider setting a cap on the total number of formula businesses within a commercial zoning district
• Consider how allowing formula retail would help with fiscal tax revenue Agenda Item #12.1.

Page 254 of 260 ends

Options for Formula Retail
Zone Option 1-Less
Restrictive
Option 2-More
Restrictive
CB (Central
Business)
• Use Permit
• No maximum
• Use Permit
• Maximum of 4
formula
businesses
allowed in CB
District
MU (Mixed Use) • Permitted
• No maximum
• Use Permit
• Maximum of 4
formula
businesses
allowed in MU
District
SC (Service
Commercial)
• Permitted
• No maximum
• Permitted
• Maximum of 4
formula
businesses
allowed in SC
District
Agenda Item #12.1.

Page 255 of 260 ends

2019 General Plan
Agenda Item #12.1.

Page 256 of 260 ends

Options for Regulating Formula
Restaurants
Based on General Plan policy guidance, staff does not recommend eliminating the current code prohibition on formula restaurants in the City.

Should the City Council decide to allow for formula restaurants in the code, a General Plan amendment would be needed to amend all the policies which indicate prohibiting formula restaurants in the zoning code should be maintained and it is consistent with the small town character of St. Helena.

Agenda Item #12.1.

Page 257 of 260 ends

Proposed Use Permit Findings

1. The formula business establish will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena, and will preserve the distinctive visual appearance and shopping/dining experience of St. Helena for its residents and visitors; and The following additional finding is required for the granting of a use permit for formula businesses on sites located within the CB district:

3. The formula business establishment will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St. Helena.

Agenda Item #12.1.

Page 258 of 260 ends

Recommended Action
Provide Policy Direction to Staff Regarding:
• Definition of Formula Business
• Regulation of Formula Retail and Restaurants
• Use Permit Findings specific to Formula Business
Agenda Item #12.1.

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Questions and Discussion
Agenda Item #12.1.

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St. Helena City CouncilApril 26, 2022

St. Helena City Council
April 26, 2022