St. Helena City Council
April 26, 2022

City of St. Helena
Regular City Council Meeting
Tuesday, April 26, 2022 @ 6:00 PM

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.

This meeting will be conducted pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed States of Emergency. The Governor of California proclaimed a State of Emergency related to COVID-19 on March 4, 2020. This teleconferenced meeting is necessary so that the City can conduct essential business and is permitted under Government Code 54953 in order to protect public health and safety of attendees.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. City Council members and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website, barring technical difficulties. Those members of the public wishing to participate must do so remotely via Zoom electronic meetings in the following ways; by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the meeting ID or by calling a listed number and enter the meeting ID. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.

Please see the end of the agenda for detailed PUBLIC PARTICIPATION instructions.

Simultaneous Spanish interpretation services during meetings can be scheduled upon request.

To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Please click the link below to join the meeting:
https://us02web.zoom.us/j/83077438427
Or One tap mobile :

US: +16699006833,,83077438427# or +13462487799,,83077438427# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Meeting ID: 830 7743 8427
International numbers available: https://us02web.zoom.us/u/kdlbWnNUtU ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Esta reunión será realizada conforme a las provisiones del Código de Gobierno Sección 54953 (modificada por AB 361) la cual autoriza las reuniones de teleconferencia bajo el Acta Brown durante ciertos Estados de Emergencia. El gobernador de California proclamó Estado de Emergencia relacionado con el COVID-19 el 4 de marzo del 2020. Esta reunión por teleconferencia es necesaria para que la Ciudad pueda realizar deberes esenciales y es permitido bajo el Código de Gobierno 54953 en orden de proteger la salud pública y seguridad de los asistentes.

Consistente con el Código de Gobierno Sección 54953, esta reunión del Consejo de la Cuidad será realizada vía teleconferencia y no será físicamente abierta al público. Miembros del Consejo de la Cuidad y personal atenderán la reunión por audio y/ o video. La reunión será transmitida vía Zoom.

La reunión del Consejo de la Cuidad se transmitirá en vivo por el Canal 28 de Comcast y en el sitio web de la Ciudad, salvo dificultades técnicas. Aquellos miembros del público que deseen participar deben hacerlo de forma virtual a través de las reuniones electrónicas de Zoom de las siguientes maneras; iniciando sesión en el enlace Zoom ubicado en la agenda de la reunión (descargue la aplicación en su computadora o dispositivo móvil) e ingrese el ID de la reunión o llamando al número ubicado en la agenda e ingrese el ID de la reunión. Se aceptarán comentarios públicos para la reunión del Consejo de la Cuidad por correo electrónico a [email protected]. Todos los comentarios públicos se harán públicos y se adjuntarán a la agenda, pero no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda del Consejo de la Cuidad al día siguiente.

Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.

Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .

Habrá traducción en español durante la junta
Haga clic en el enlace a continuación para participar en la reunión:
https://us02web.zoom.us/j/83077438427
O por iPhone one-tap:

US: +16699006833,,83077438427# or +13462487799,,83077438427# O por Teléfono: Marque(para mejor calidad, marque número basado en su ubicaciónactual):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
ID de la Reunión: ID: 830 7743 8427
International numbers available:https://us02web.zoom.us/u/kdlbWnNUtU Consulte el final de la agenda para obtener instrucciones detalladas de PARTICIPACIÓN PÚBLICA.

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. PUBLIC FORUM:

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

5.1. Public Comment.Luke Myers 17

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:

Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

7. STAFF BRIEFING

7.1. Waste Water Treatment Plant Construction Project Update by Eric Janzen, Asst. Public Works Director

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1. PG&E Presentation of downtown gas line replacement project by Mark Van Gorder, PG&E Local Government Affairs, North Bay
Presentation
19 - 25

8.2. St. Helena Fire Chief John Sorensen and St. Helena Fire Council Representative Chris Warner will Provide a Fire Season Overview and Fire Prevention Presentation.

Fire prevention Powerpoint
St Helena FSC Presentation to St Helena City Council Apr 26 2022 27 - 35

8.3. Monarch & Pollinator Month May 2022 Proclamation St. Helena Presented to Erin Arnsteen, Western Monarch Society of Napa County Monarch & Pollinator Month May 2022 Proclamation
37 9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended

discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

9.1. Consideration and proposed approval of Special Meeting Minutes of March 25, 2022 and Regular Meeting Minutes of April 12, 2022.

Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Approve
03-25-2022 Special City Council - Minutes
04-12-2022 Regular City Council - Minutes
39 - 51

9.2. Consideration and proposed adoption of a resolution authorizing the City Manager to execute Amendment No. 2 to STH Contract: FY 2019-028 in the amount of $42,140, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $239,830.

CEQA Determination: Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Martin Beltran, Management Analyst
Recommendation:

Staff recommends City Council adopt the attached resolution.

Staff Report - Pdf
53 - 65

9.3. Review and consideration of the 2021 St. Helena Annual Housing Element Progress Report.

CEQA Determination: Not a CEQA project
Prepared By: Aaron Hecock, Senior Planner
Recommendation:

It is recommended that the City Council review, consider and file this report recognizing that staff submitted the information to HCD and OPR in keeping with the April 1, 2022 mandate.

Staff Report - Pdf
67 - 81

9.4. Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.

CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:

Approve the Attached Resolution Making Findings and Determinations Under AB 361.

Staff Report - Pdf
83 - 87

9.5. Consideration and proposed approval of a resolution authorizing a ceremonial flag recognizing LGBTQ Pride and Transgender Month during the month of June 2022
CEQA Determination: Not a CEQA project
89 - 96

Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Approve a resolution authorizing the Progress Pride flag and the Transgender flag to be flown on the City's ceremonial flag pole during the month of June 2022.

Staff Report - Pdf

9.6. Quarterly Grant Report for FY 2022 Q2 for the period ending December 31, 2021 and Q3, for the period ending March 31, 2022.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:

Receive and file report.

Staff Report - Pdf
97 - 104

9.7. March 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:

Receive and file.

Staff Report - Pdf
105 - 109

9.8. Consideration and proposed approval of a resolution authorizing:
1) An agreement with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and
2) Adoption of the updated Housing Rehabilitation Program Guidelines.

CEQA Determination: Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.

Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:

It is recommended the City Council adopt a resolution authorizing:
1) The City Manager to execute the Intergovernmental Agreement for Services with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and
2) Adoption of the updated Housing Rehabilitation Program Guidelines.

Staff Report - Pdf
111 - 187

10. PUBLIC HEARINGS

10.1. Consideration and proposed adoption of the following:

Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project.

This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022, February 8, 2022, February 22, 2022, March 8, 2022, April 12, 2022 and April 26, 2022 regular City Council meetings.
*This item will not be heard at the April 26, 2022 regular City Council meeting. In the event this item is ready for consideration it will be re-noticed as a public hearing.

11. OLD BUSINESS

11.1. 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
Recommendation:

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.

Staff Report - Pdf
189 - 201

11.2. In-person City Council, Boards, Commissions, and Committee Meetings Discussion
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Staff is seeking City Council discussion and direction and recommends option #3.

Staff Report - Pdf
203 - 207

11.3. 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
Recommendation:

Form an Ad Hoc Committee and provide direction.

Staff Report - Pdf
209 - 231

12. NEW BUSINESS

12.1. Formula Business Zoning Policy Discussion
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Planning & Building Director
Recommendation:

Provide policy direction to staff regarding:
- Definition of formula business
233 - 260

- Regulation of formula retail and restaurants
- Adding use permit findings for formula businesses as suggested Staff Report - Pdf
Formula policy- PPT - CC 4-26-2022

13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:

13.1. May City Council Meetings:
5/10 (Staff reports due 4/22)
5/24 (Staff reports due 5/6)
Presentation
5/10 Napa County Landmarks (NCL) May is Historic Preservation Month Proclamation
STAFF BRIEFING:
5/24 WWTP construction project regular progress/status reports. 5/10 Utility rate study update
CONSENT:
5/24 Consideration and action on a Resolution to amend the existing two year agreement with Housing Authority of the City of Napa to provide contract housing authority services (originally approved for an amount not to exceed $88,114 for the two year period) for an increased overall contract amount of $9,347 to cover anticipated increased costs over the remaining term of the contract. 5/10 Amendment No. 5 to Water Supply Agreement Between City of Napa and City of St Helena
PH or OLD / NEW BUSINESS:
5/24 Gun Safe Storage Ordinance
5/10 Utility rate study ad hoc appointments
PH 5/24 The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

PH Mills Lane
OB Water Penalty Discussion
OB Financial Policy Update
formula business policy
OB Discussion, direction, and proposed approval of a resolution (1) rescinding Resolution 2017-75 and amending Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property and (2) authorizing a ceremonial flag recognizing LGBTQ Pride Month during the month of June.

Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.

5/10 Raftelis contract amendment and Utility Rate Study Council discussion
5/10 Water Supply report
5/26 Chamber PSA and presentation
Consideration and Proposed Approval of a Resolution adding a Utility Manager Position to Oversee both Water and Wastewater Operation Plants Public Works - Water/Wastewater Treatment Plants June City Council Meetings:
6/14 (Staff reports due 5/27)
6/28 (Staff reports due 6/10)
PH or OLD / NEW BUSINESS:
6/14 Consideration and Proposed Approval of a Resolution Temporarily Waiving Sign Fees for Business Recovery for Additional Twelve Months.

14. ADJOURNMENT
The next Regular City Council meeting is scheduled for May 10, 2022, at 6:00 p.m.

I do hereby certify that a copy of the foregoing agenda was posted on the City website on April 21, 2022.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.

Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.

Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

THE CITY OF ST. HELENA ENCOURAGES ONLINE PUBLIC PARTICIPATION IN

VIRTUAL CITY COUNCIL MEETINGS
St. Helena, CA– The City of St. Helena is committed to public participation in City government in a manner that is consistent with guidance provided by the Napa County Public Health Official and AB361. These guidelines relate to social distancing, and are intended to protect everyone by limiting the spread of COVID-19 in our community. In adherence to these guidelines, the St.

Helena City Council will host a Virtual Council Meeting on Zoom; a free teleconferencing tool that enables users to watch and/or call into the meeting from their computers or phones. This meeting will be open to public and allows for live public comment. The meeting will also be recorded, livestreamed, and posted on the City’s website after the adjournment of the meeting if technical difficulties occur: https://sthelena.civicweb.net/Portal/ The ZOOM web link, meeting ID, and phone number will be listed at the top of the City Council Meeting Agenda. You will be required to enter the meeting ID, but there will be no password or participant ID.

How to Watch or Listen to Council Meetings:

1. Watch on Comcast Channel 28

2. Watch the livestreaming video on the City’s website

3. Watch and Listen on Zoom.us by clicking on the link in the Council Agenda

4. Listen only by calling the Zoom number listed on the Council Agenda Watch Council Meeting by Joining the Zoom Meeting:

1. By Computer, Tablet, or Smart Phone:

1. Before joining the virtual City Council Meeting, it is highly encouraged that you download the Zoom App. To sign up for your own free account, visit zoom.us/signup and enter your email address. You will receive an email from Zoom ([email protected]). In this email, click Activate Account.

2. If you are logged into your account, Enter the Meeting ID listed on the City Council Agenda.

If you have not created an account go to: https://zoom.us/join and enter the Meeting ID

3. Select if you would like to connect audio and/or video and tap Join Meeting.

4. For specific instructions for your device, go to: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting

1. Listen Only by Telephone:

1. Dial the number listed on the Council Agenda.

2. At the prompt, enter the Meeting ID provided on the top of the City Council Meeting Agenda and Press #. A participate ID is not required.

3. To disconnect from the meeting, hang up the phone.

Ways to Provide Public Comment:

While attending the virtual City Council Meeting, the public will have the opportunity to provide live public comment during Public Forum and after each agenda item. When it is the appropriate time for public comment the Mayor will verbally open public comment. At this time each individual is permitted 4 minutes to speak.

1. Send a Public Comment in by 4:00 PM Prior to the Meeting to:
[email protected]
The easiest way to provide public comment is to email your public comment. Public comments may be emailed to [email protected]. Please include in the subject line “COMMENT TO COUNCIL and the AGENDA ITEM”. Any public comment is required to be submitted no later than 2 hours before the scheduled meeting and will be included as an attachment to the agenda. All public comments will be made publicly available and attached to the agenda item and will not be read out loud. All public comments that are received after 4:00 PM will be attached to the agenda the following day.

2. Provide Comment through Zoom meeting from a computer, tablet, or smart phone This option allows the public to virtually attend the meeting as a muted ‘attendee’ with no video or screen sharing capabilities. You will be able to see and hear those participating in the meeting, but they will not be able to hear you until the host unmutes you.

If you wish to provide public comment during a specific agenda item or during public forum, you can use the “raise hand” feature located in the control panel at the bottom of your screen. The icon is a small blue hand. In Windows you can also use the Alt+Y keyboard shortcut to raise or lower your hand. In Mac you can also use the Option+Y keyboard shortcut to raise or lower your hand.

The host will be notified that you've raised your hand and you will be placed in a queue with all incoming requests.

When it is your turn to speak, you will be notified that the host has unmuted you. To be removed from the queue, just click the ‘raise hand’ button again.

3. Call in to the ZOOM meeting from a cell phone or landline phone only This option allows the member of the public with the opportunity to verbally participate in public comment.

If you wish to speak during public comment time dial *9 on your telephone.

The host will be notified that you would like to speak and you will be placed in a queue with all incoming requests.

When it is your turn to speak, you will be notified that the host has unmuted you. You may press *9 again if you wish to be removed from the queue.

You will be notified at the end of your statement that you have been muted.

4. Alternative Public Comment Via Telephone by Reservation

If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ En cumplimiento de la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, llame a la Oficina del Secretaría de la Ciudad (707) 967- 2792. La notificación 72 horas antes de la reunión, como lo requiere la Sección 202 de la Ley de Estadounidenses con Discapacidades, permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión.

LA CIUDAD DE ST. HELENA ALIENTA LA PARTICIPACIÓN PÚBLICA EN LÍNEA EN

REUNIONES VIRTUALES DEL CONSEJO DE LA CIUDAD
St. Helena, CA– La Ciudad de St. Helena está comprometida con la participación pública en el gobierno de la Ciudad de manera que sea consistente con la guía proporcionada por el Oficial de Salud Pública del Condado de Napa y la Orden Ejecutiva N-25-20 del Gobernador Newsom. Estas pautas se relacionan con el distanciamiento social y están destinadas a proteger a todos al limitar la propagación de COVID-19 en nuestra comunidad. En cumplimiento de estas pautas, el Ayuntamiento de St. Helena organizará una Reunión del Consejo Virtual sobre Zoom; Una herramienta de teleconferencia gratuita que permite a los usuarios mirar y / o llamar a la reunión desde sus computadoras o teléfonos. Esta reunión estará abierta al público y permite comentarios públicos en vivo. La reunión también se grabará, se transmitirá en vivo y se publicará en el sitio web de la Ciudad después de la clausura de la reunión si se presentan dificultades técnicas:
https://sthelena.civicweb.net/Portal/
El enlace web de ZOOM, la identificación de la reunión y el número de teléfono se enumerarán en la parte superior de la Agenda de la reunión del Ayuntamiento. Se le pedirá que ingrese la ID de la reunión, pero no habrá contraseña ni ID de participante.

Cómo ver o escuchar las reuniones del Consejo:

1. Veala a través del canal 28 de Comcast

2. Vea el video de transmisión en vivo en el sitio web de la ciudad

3. Mire y escuche en Zoom.us haciendo clic en el enlace en la Agenda del Consejo

4. Escuche llamando al número de Zoom listado en la Agenda del Consejo Vea la reunión del Consejo uniéndose a la reunión Zoom:

1. Por computadora, tableta o teléfono:
a. Antes de unirse a la reunión virtual del Ayuntamiento, le recomendamos que descargue la aplicación Zoom. Para registrarse en su propia cuenta gratuita, visite zoom.us/signup e ingrese su dirección de correo electrónico. Recibirá un correo electrónico de Zoom (no[email protected]) . En este correo electrónico, haga clic en Activar cuenta. b. Si ha iniciado sesión en su cuenta, ingrese la ID de la reunión que figura en la Agenda del Ayuntamiento. Si no ha creado una cuenta, vaya a: https://zoom.us/join e ingrese la ID de la reunión

c. Seleccione si desea conectar audio y / o video y toque Unirse a la reunión. re. Para obtener instrucciones específicas para su dispositivo, vaya a: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting

2. Escuche solo por teléfono:
a. Marque el número que figura en la Agenda del Consejo. b. Cuando se le solicite, ingrese la ID de la reunión provista en la parte superior de la Agenda de la reunión del Concejo Municipal y presione #. No se requiere una identificación de participación.
c. Para desconectarse de la reunión, cuelgue el teléfono Formas de proporcionar comentarios públicos:

Mientras asiste a la reunión virtual del Ayuntamiento, el público tendrá la oportunidad de proporcionar comentarios públicos en vivo durante el Foro Público y después de cada tema de la agenda. Cuando sea el momento apropiado para comentarios públicos, el Alcalde abrirá verbalmente los comentarios públicos. En este momento, cada individuo tiene permitido 4 minutos parahablar.

1. Envíe un comentario público por adelantado a
[email protected]
La forma más fácil de proporcionar comentarios públicos es enviar su comentario público por correo electrónico. Los comentarios públicos pueden enviarse por correo electrónico a [email protected] en la línea de asunto "COMENTARIO AL CONSEJO y el PUNTO DEL PROGRAMA". Cualquier comentario público debe presentarse a más tardar 2 horas antes de la reunión programada y se incluirá como un archivo adjunto a la agenda. Todos los comentarios públicos se harán públicos y se adjuntarán al articulo de la agenda y no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda al día siguiente.
• 2. Proporcione comentarios a través de la reunión Zoom desde una computadora, tableta o teléfono inteligente
Esta opción permite que el público asista virtualmente a la reunión como un "asistente" silenciado sin capacidades de video o pantalla compartida. Podrá ver y escuchar a los participantes en la reunión, pero no podrán escucharlo hasta que el anfitrión de permisio.

Si desea proporcionar comentarios públicos durante un elemento específico de la agenda o durante un foro público, puede usar la función "levantar la mano" ubicada en el panel de control en la parte inferior de la pantalla. El icono es una pequeña mano azul. En Windows también puede usar el atajo de teclado Alt + Y para subir o bajar la mano. En Mac también puedes usar el atajo de teclado Alt + Y para subir o bajar lamano.

Se le notificará al anfitrión que ha levantado la mano y se lo colocará en fila con todas las solicitudes entrantes
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar. Para ser retirado de la fila, simplemente haga clic de nuevo el botón “levantar la mano”.

3. Llame a la reunión de ZOOM desde un teléfono fijo o móvil solamente

Esta opción le permite al miembro del público la oportunidad de participar verbalmente en comentarios públicos.

Si desea hablar durante el tiempo de comentarios públicos, marque * 9 en su teléfono.

Se le notificará al anfitrión que le gustaría hablar y se colocará en fila con todas las solicitudes entrantes.

Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar.

Puede presionar * 9 nuevamente si desea ser eliminado de la fila.

1 Cindy Tzafopoulos
From: Luke Myers <[email protected]>
Sent: Monday, April 25, 2022 2:48 PM
To: Public Comment
Cc: Geoff Ellsworth; Paul Dohring; Anna Chouteau; Lester Hardy; Eric Hall Subject: [External] Public Comment for 4/26 City Council mtg Dear Council,
As a St. Helena resident passionate about finding creative solutions to the climate crisis, I want to sincerely congratulate and thank you for your recent action regarding the climate emergency resolution for the city. This action reflects the city’s updated mission and the values of a majority of our residents.

The language of “emergency” implies implementing immediate climate mitigation strategies. It also implies that every single municipal action taken henceforth must consider the potential impacts on the climate, and thus the health and wellbeing of our community. These future actions must not only consider the impact, but intentionally be as climate‐ positive as possible.

It is because of this hope that you have engendered that I am equally heartbroken to learn about the city’s consideration of building a new parking lot on Mitchell Drive.

I believe we need bold reimagining of the city of St. Helena that does not reinforce reliance on the city’s drivability.

Increased parking (without strengthening public transport, denser housing, and accessible sidewalks, for example) will paradoxically increase traffic congestion, making our city and nearby roadways less safe while increasing greenhouse gas emissions per capita. I also believe it will act as a deterrence against pursuing the previous climate solutions mentioned, if potential revenue from visitors driving in from out of town is prioritized over making St. Helena a greener city.

I sympathize with particularly Main Street merchants who have been impacted by Covid‐19, and understand the desire for parking access near their businesses. This is why I believe that bold reimagining of public transport and increasing the city’s walkability is essential, so that we maintain revenue while also maintaining the small town character of the beautiful St. Helena that we all love.

Another of the myriad negative impacts that would come with a new parking lot is an acceleration of the heat island effect, in which infrastructure such as exposed pavement drastically increases temperatures in urban areas. The last thing any of us want is a St. Helena that becomes so hot that even our essential visitors are deterred from coming.

I do not have all the answers of what positive alternatives to a new parking lot can be, but I expect that your ATSC does.

I support pursuing those positive changes, and I oppose strategies that result in a new parking lot.

I implore you to stay the course on your bold new vision, and to include deep environmental consideration in every municipal decision, especially in light of this most recent resolution. Passing the resolution is one thing; truly using it as a beacon of how St. Helena can be a leader for climate justice in our region and state is another. You said this is an emergency, and so many of us agree. Let us see how you act in an emergency.

Many thanks,
Luke Myers
Chablis Ct.

St. Helena
Agenda Item #5.1.

Saint Helena Gas Pipeline
Strength Test
St. Helena to Calistoga
State Route 29 | Napa County | Post Miles 27.4-35.5
1 Agenda Item #8.1.

T-1448A Strength Test – Saint Helena
May 2022– September 2022
• Location: Saint Helena
• Excavate at 6 locations between
Gotts Roadside and Pratt Lane
• Project Activities:
• Replace small sections of pipeline
to enable testing
• Replace pipeline under Sulphur
Creek (trenchless installation)
• Remove the gas from the
pipeline, then fill with water and
pressurize it
• Utilize large tanks to handle water
• Utilize trucks and heavy
equipment
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 2 Agenda Item #8.1.

Strength Test – Saint Helena Southern Section
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 3 Agenda Item #8.1.

Strength Test – Saint Helena Northern Section
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 4 Agenda Item #8.1.

Strength Test – Saint Helena Additional Work areas
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 5 Agenda Item #8.1.

CONSTRUCTION SCHEDULE MAY 2022– OCTOBER 2022
• Caltrans Permit
• Work Hours: 9 pm to 6 am Sunday Night to Friday Morning • No Day time traffic control.
• Mitchel Lane close between Oak and Main St. –Nighttime • Sidewalk between Sunshine Market and Mitchel closed 24 hr. per day. • Moratorium on work 1 day before, during and 1 day after holiday periods. • CEQA Requirements
• City of St. Helena Encroachment Permit.
• City of St. Helena Noise Permit.
• City of St. Helena Discharge Permit. Fountain Street
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 6 Strength Test – Saint Helena – Schedule/Permits
Agenda Item #8.1.

Strength Test – Saint Helena – Public Outreach
Outreach Conducted for the Strength Test
• PG&E project website: pge.com/upvalleyproject
• Letter sent on 4/6 to 511 customers along Main St
• Canvassed half of downtown Saint Helena, will finish other half this week • On-site meeting with particularly impacted hotel on 4/12 • Automated phone calls to go out this week to 783 customers Agenda Item #8.1.

Fire Safe Council Letter
Agenda Item #8.2.

Weed Abatement
Public Awareness:
• Weed abatement insert included in the May 15th water bill • Reminders posted on Social Media (Facebook & Instagram) • Ad placed in St. Helena Star
• Public education booth at Farmer’s Market
• Information Campaign with electronic sign boards
• City attorney working on new City ordinance to enforce non-compliance Water Bill Insert Social Media Post St. Helena Star Ad
Agenda Item #8.2.

FEMA Grant – Fuel Reduction
Flood Project
Pratt Avenue Water Shed
Agenda Item #8.2.

Ordinance No. 2022-01
To enhance local fire protection and reduce wildfire risk in Napa County by:
• Ensuring defensible space around homes, neighborhoods, and businesses; creating fuel breaks; reducing vegetation and flammable brush; improving early wildfire detection and suppression systems; and, clearing emergency access roads for first responders and residents.
• Napa County shall establish a ¼ cent sales tax for 10 years, providing approximately $10,000,000 annually, with citizen oversight, independent annual audits, and all revenue staying local .

Napa County Measure L
Glass Fire After Action Report
• 85% or recommendations have been completed
• 15% percent are scheduled
California Fire Season Outlook
California continues to experience longer wildfire seasons as a direct result of climate change. Extended dryness originating from January is expected to continue into the spring with little precipitation, leaving most of the state in moderate to extreme drought conditions prior to summer. These continued dry conditions, with above normal temperatures through spring, will leave fuel moisture levels lower than normal, increasing the potential for wildland fire activity.

Source: https://www.fire.ca.gov/incidents/
Agenda Item #8.2.

Prevention & Public Awareness
Hotels:
• Wydown Hotel
• Hotel St. Helena
• Vineyard Country Inn
• Harvest Inn
• Alila Napa Valley
Public and Private Schools:
• High School & District Offices
• Middle School
• Elementary School
• Primary School
• Montessori School
Short Term Rental Inspections: Performed at various times throughout the year when a permit is renewed Business Inspections: In progress. Projected completion in Fall of 2022 Police Department Outreach: Remind residents about “ZoneHaven” & work with St. Helena Firewise to organize more evacuation drills in the city
Agenda Item #8.2.

St. Helena Fire Safe Council 2022
Fire Season Update
Presentation to St. Helena City Council
April 26, 2022
Chris Warner [email protected]
Jeff Farmer [email protected]
Home - Napa Communities Firewise Foundation (napafirewise.org) Agenda Item #8.2.

St. Helena Fire Safe Council
Contact Info
• Chris Warner [email protected] 415-309-9572
• Jeff Farmer [email protected] 707-227-8371
2022 Fire Season Priorities
• Support Fire Department and Police Department evacuation drills and outreach, especially on east side of City
• Begin implementing St. Helena-specific fire break projects on west side, helping protect Sylvaner subdivision and Spring Street residents, as part of Napa Communities Firewise Foundation (NCFF) fuel mitigation and evacuation route projects • Support and promote community outreach on defensible space by property owners, including City of St. Helena letter and upcoming NCFF $2,000 per property owner cost sharing assistance • Strongly support community and social services organizations outreach and education, such as COAD, Rianda House
• Support additional funding sources for wildfire prevention and community wildfire safetyrelated projects, including Measure L (County) and Measure H (St Helena) on June ballot Agenda Item #8.2.

Thank you for allowing us to speak to you today.

Please feel free to ask any questions and follow up
with us with suggestions and comments. We need
your help!
Chris and Jeff
St. Helena Fire Safe Council
[email protected]
[email protected]
Agenda Item #8.2.

City of St. Helena

PROCLAMATION
Monarch and Pollinator Awareness Month May 2022
WHEREAS, more than eighty-five percent of flowering plants on Earth, including wild and cultivated species, require the assistance of animal pollinators in order to produce seeds; and WHEREAS, pollinators play a vital role in maintaining a healthy ecosystem. Local plant species, wildlife, and urban agriculture all depend on pollination from bees, butterflies, and other animals; and WHEREAS, globally, pollinators are in great decline due to pressures including habitat loss, climate change and increased use of pesticides; and
WHEREAS, the western monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans; and WHEREAS the western monarch butterfly population has been reduced by 95% since the 1980’s with only 247,000 migratory western monarch butterflies counted in January 2022; and WHEREAS, the United States Department of Agriculture and the U.S. Fish and Wildlife Service have declared the monarch to be a priority species for conservation because healthy monarch habitat benefits a wide variety of other species; and
WHEREAS, the Xerces Society has declared Napa County a Priority 1 Action Zone in the conservation of western monarch butterflies; and
WHEREAS, St. Helena is home to many native pollinator species such as birds, bats, and insects which keep our environment healthy and biodiverse; and
WHEREAS, St. Helena recognizes that human health ultimately depends on well-functioning ecosystems and that biodiverse regions can better support food production, healthy soil and air quality and can foster healthy connections between humans and wildlife; and
WHEREAS, St. Helena is working to build a healthy, sustainable and wildlife-friendly community that brings the many benefits of nature to all corners of our community; and WHEREAS, every resident in St. Helena can help make a difference for the western monarch butterfly and other native pollinators by planting native host plants, including native milkweed, and other nectar plants in pesticide free zones and taking other steps to provide healthy habitat in back yards, rights-of-way, and open spaces; and
WHEREAS, the Western Monarch Society of Napa County will give out a limited number of native milkweed plants to community members in the Spring of 2022; and
WHEREAS, St. Helena will continue to support local, state and national efforts that protect, restore, and conserve habitat for pollinators, as well as foster a greater connection between residents and wildlife; and WHEREAS, Cities, towns and counties have a critical role to play to help save the monarch butterfly and other native pollinators, and St. Helena is striving to become a leader; and NOW THEREFORE BE IT RESOLVED that I, Geoff Ellsworth, Mayor of St. Helena, and the City Council Members of the City of St. Helena do hereby proclaim the month of May as “Monarch and Pollinator Awareness Month” in the City of St.

Helena and encourages all residents to participate in community activities that support and celebrate monarch and pollinator protection and conservation, especially planting native milkweed and other native nectar flowers in pesticide free zones on their properties.

April 26, 2022
Geoff Ellsworth, Mayor
Agenda Item #8.3.

MINUTES
City of St. Helena
Special City Council Meeting
Friday, March 25, 2022 @ 1:30 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall

Absent: None

1. CALL TO ORDER

2. ROLL CALL

3. ADOPTION OF THE AGENDA

3.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.

Council Member Anna Chouteau moved to adopt the agenda as presented.

The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

4. PUBLIC COMMENT:

Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment will take place during consideration of the item.

5. CONSENT CALENDAR:

5.1 *NEW ITEM 3-24-2022 at 1:00 p.m.

Consideration of a request from Council Member Chouteau approving a resolution authorizing the Ukrainian flag to be flown on the ceremonial flag Agenda Item #9.1.

Special City Council
March 25, 2022
pole.

CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Discuss and provide direction on the duration of time that the flag will be flown.

City Clerk Cindy Tzafopoulos reported on the item.

It was the consensus of the City Council to fly the flag until June 1st.

No public comment was received.

Council Member Anna Chouteau moved to approve the recommended action.

The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

6. OLD BUSINESS:

6.1 Consideration and recommended approval of:

1. Resolution approving a Professional Services Agreement with Raftelis Financial Consultants to provide services associated with a Water and Wastewater Rate Study for a total not to exceed amount of $146,310 and a budget increase to 561-43-00-21-45 in the amount of $73,155 utilizing water enterprise fund balance and a budget increase to 571-43- 00-21-45 in the amount of $73,155 utilizing wastewater enterprise fund balance; and

2. Provide preliminary direction on rate study approach CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:

Adopt the attached resolution and provide preliminary Council direction on certain aspects of the rate study approach.

Administrative Services Director April Mitts reported on the item.

Consultants Kevin Kostiuk and Jim Armstrong addressed the City Council.

Agenda Item #9.1.

Special City Council
March 25, 2022
Vice Mayor Dohring requested the City look into having a long term Oversite Water Commission, Mayor Ellsworth agreed.

Kelly W., Garry Rose, Nancy Dervin addressed the City Council for public comment.

It was the consensus of the City Council to look into tiered rates and recruit for a Water Advisory Committee.

Council Member Lester Hardy moved to adopt the resolution. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

7. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 2:30 p.m.

The special City Council meeting minutes of March 25, 2022 were adopted at the regular City Council meeting of April 26, 2022.

APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, April 12, 2022 @ 6:00 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall

Absent: None

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ADOPTION OF THE AGENDA

3.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.

Council Member Eric Hall moved to adopt the agenda as presented. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

4. ROLL CALL

5. PUBLIC FORUM:

Elaine de Man and Leslie Stanton addressed the City Council.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:

Reports were made by staff and City Council.

Agenda Item #9.1.

Regular City Council
April 12, 2022

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1 Proclamation Recognizing the Outstanding Contributions of our Local Healthcare Professionals and Volunteers in Response to COVID-19 Pandemic Presented to Dr. Steve Herber
Dr. Steve Herber addressed the City Council.

7.2 Proclamation Declaring St. Helena Stands in Solidarity with Ukraine Council Member Chouteau addressed the City Council.

7.3 Sexual Assault Awareness Month Proclamation Presented to Heather Bailie, Sexual Assault Victim Services Program Manager
Heather Bailie addressed the City Council.

8. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

8.1 Consideration and proposed approval of Regular Meeting Minutes of November 23, 2021 and March 22, 2022 and Special Meeting Minutes of October 2, 2020, December 3, 2020, December 7, 2020, April 1, 2021, June 22, 2021, June 29, 2021, November 15, 2021, March 15, 2022 and March 17, 2022.

Prepared By: Cindy Tzafopoulos, City Clerk

8.2 Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Artemis Habitat, in an amount not-to-exceed $54,000 for non-native invasive species removal for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

CEQA Determination: Environmental Impact Report (SCH. No. 2006092096) Prepared By: Martin Beltran, Management Analyst
Recommendation:

Staff recommends City Council adopt the attached Resolution.

Item 8.3 was pulled from consent.

8.3 Consideration of Second Reading and Proposed Adoption of a Ordinance Adding Chapter 17.138 "Time Share Uses" and Sections 17.138.060 to Title 17, Zoning of the St. Helena Municipal Code, amending sections 17.48.030 (Central Business) and 17.52.030 (Service Commercial) and Deleting Section

17.112.130 of the St. Helena Municipal Code
Agenda Item #9.1.

Regular City Council
April 12, 2022

8.4 Consideration and Proposed Approval of a Resolution approving an Employment Agreement with David Jahns and Ratifying the City Manager’s Appointment to serve as the Parks & Recreation Director; and in accordance with California Code Section 54953(c)(3) the recommended final action for Recreation Director beginning April 25, 2022 provides for an annual base salary of $126,426 (Step A) with the following benefits, vehicle allowance of $200 per pay period, Deferred Compensation City match of up to $200 per month, health benefits consistent with the benefits offered to other employees of the City, and will receive retirement benefits at a Classic Tier 1 formula of 2% at 60, final compensation based on highest 12-month period CEQA Determination: Not a CEQA project
Prepared By: Angela Cotton, Human Resources Manager
Recommendation:

Staff recommends the City Council adopt the attached resolution.

8.5 Consideration and Proposed Approval of a Resolution Approving the Hiring of Napa Valley Community Housing (NVCH) by Our Town St. Helena to be the Property Manager for the Affordable Housing Projects located at 963 Pope Street and 723 Hunt Avenue in the City of St. Helena, California CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:

Staff recommends City Council approve the attached resolution.

Item 8.6 was pulled from consent.

8.6 Consideration and Proposed Approval of a Resolution Declaring a Climate Emergency
Council Member Anna Chouteau moved to approve Consent items 8.1, 8.2, 8.4 and 8.5. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Council Member Hall abstained himself from the minutes noted in item 8.1 that occurred before his swearing in as a Council Member.

8.3 Consideration of Second Reading and Proposed Adoption of a Ordinance Agenda Item #9.1.

Regular City Council
April 12, 2022
Adding Chapter 17.138 "Time Share Uses" and Sections 17.138.060 to Title 17, Zoning of the St. Helena Municipal Code, amending sections 17.48.030 (Central Business) and 17.52.030 (Service Commercial) and Deleting Section

17.112.130 of the St. Helena Municipal Code
CEQA Determination: Exempt
Prepared By: Ethan Walsh, City Attorney
Recommendation:

Staff recommends that the City Council conduct the second reading by title only and waive further reading and adopt the Ordinance Adding Chapter

17.138 "Time Share Uses" and Sections 17.138.010-17.138.060 to Title 17, Zoning, of the St. Helena Municipal Code, amending sections 17.48 (Central Business) and 17.52 (Service Commercial) and Deleting Section 17.112.130 of the St. Helena Municipal Code.

Ike Kwon, Shelley Hubner, Leslie Stanton, Simon Bull, Taylor Lopez, Connie Wilson, Michael Semay, Citizen, Andres Villaquiran, Elaine de Man and Nancy Dervin addressed the City Council for public comment.

Vice Mayor Paul Dohring moved to approve item 8.3 by title only, waiving further reading. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
After item 8.3, Interim City Manager Jim McCann introduced recently appointed Parks and Recreation Director David Jahns.

David Jahns addressed the City Council.

8.6 Consideration and Proposed Approval of a Resolution Declaring a Climate Emergency
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

It is recommended that City Council consider the proposed resolution with the ATSC recommendations declaring a climate emergency.

Interim City Manager Jim McCann reported on the item.

Agenda Item #9.1.

Regular City Council
April 12, 2022
Elaine de Man, Jim Wilson, Lori Stelling addressed the City Council for public comment.

Council Member Hardy proposed a change to number two of the Resolution to read as “That the scientific evidence indicates that the urgency of mobilizing a global effort to reverse global warming as quickly as possible with a goal of achieving zero net emissions by 2030.”
Interim City Manager McCann proposed a change to number four of the Resolution to add a clause stating “balanced against other municipal demands and available financial and staff resources.”
Vice Mayor Paul Dohring moved to approve with Council Member Hardy and Interim City Manager Jim McCann’s amendments. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, and Council Member Lester Hardy
NOES: Council Member Eric Hall
ABSENT: None
ABSTAIN: None
RECUSE: None

9. PUBLIC HEARINGS

9.1 Consideration and proposed adoption of the following:

Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project.
*This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022, February 8, 2022, February 22, 2022, March 8, 2022, April 12, 2022 regular City Council meetings. This item is being continued again to the April 26, 2022 regular City Council meeting.

10. OLD BUSINESS

10.1 Consideration of Recommended Alignment of the Napa Valley Vine Trail Corridor Through the City of St. Helena (Staff report forthcoming Provided 4-8- 2022)
Agenda Item #9.1.

Regular City Council
April 12, 2022
CEQA Determination: Not a CEQA project
Prepared By: James C. McCann, Interim City Manager
Recommendation:

Discussion and consideration of a Preferred Alignment of the Napa Valley Vine Trail through the City of St. Helena.

Interim City Manager Jim McCann reported on the item.

Executive Director of the Napa Valley Vine Trail Shawn Casey-White and Consultant Chuck McMinn addressed the City Council.

Lee Philipson, Kim Phinney, Ronald Arata addressed the City Council.

Vice Mayor Paul Dohring moved to adopt the staff recommended action and alignment. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Vice Mayor Dohring called for a 4-minute break at 8:32 p.m., Mayor Ellsworth reconvened the meeting at 8:36 p.m.

11. NEW BUSINESS

11.1 Discussion and Direction regarding Parking Impact Overlay District Potential Policy Changes to Incorporate into Comprehensive Zoning Code Update CEQA Determination: Exempt
Prepared By: Maya DeRosa, Planning & Building Director
Recommendation:

Provide direction to staff.

Planning and Building Director Maya DeRosa reported on the item.

Council Member Lester Hardy moved to continue the meeting beyond 9:00 p.m. to 9:30 p.m. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:

AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
Agenda Item #9.1.

Regular City Council
April 12, 2022
ABSENT: None
ABSTAIN: None
RECUSE: None
Chamber of Commerce Representative Stephanie Iacobacci and Tony Leonardini addressed the City Council for public comment.

It was the consensus of the City Council to concur with the staff recommendation moving forward with Option 4: Implement Option 2 with goal to fund and complete a downtown parking study and parking in-lieu fee study, and partner with the Chamber of Commerce for further engagement. Then bring back a Resolution to a future meeting regarding fees and parking consultants.

12. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:

12.1 April City Council Meetings:
4/26 (Staff reports due 4/8)
Presentation
4/26 PG&E Presentation of downtown gas line replacement project 4/26 May as Monarch & Pollinator Awareness Month
4/26 Chief Sorensen’s Fire Season Overview and Fire Prevention reminder. Presentation by Chris Warner, St Helena Fire Council. 4/26 NVC City Hall move update
STAFF BRIEFING:
4/26 WWTP construction project regular progress/status reports.

CONSENT:
4/26 Award of Contract for MarinIT for IT improvements at the NVC 4/26 Amendment No. 5 to Water Supply Agreement Between City of Napa and City of St Helena
4/26 Review and consideration of the 2021 St. Helena Annual Housing Element Progress Report.
4/26 Quarterly Grant Report FY22 3RD Quarter
4/26 Consideration and proposed adoption of a resolution (1) authorizing the City Manager to execute Amendment No. 2 to STH Contract: FY 2019-028 in the amount of $48,340, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $246,030, and (2) authorize the transfer of $31,200 from Project W-101 Contingency to Project W-101 Design. 4/26 Mural Donation
PH or OLD / NEW BUSINESS:
4/26 Consideration and Proposed Approval of a Resolution adding a Agenda Item #9.1.

Regular City Council
April 12, 2022
Utility Manager Position to Oversee both Water and Wastewater Operation Plants Public Works - Water/Wastewater Treatment Plants
4/26 Chamber annual update
4/26 in person meetings discussion
OB 4/26 Discussion and direction regarding criteria to be considered in selection of Mayor if measure G is approved by the voters May City Council Meetings:
5/10 (Staff reports due 4/22)
5/24 (Staff reports due 5/6)
Presentation
5/10 May as Preservation Month
STAFF BRIEFING:
5/24 WWTP construction project regular progress/status reports. 5/10 Utility rate study update
CONSENT:
5/24 Consideration and action on a Resolution to amend the existing two year agreement with Housing Authority of the City of Napa to provide contract housing authority services (originally approved for an amount not to exceed $88,114 for the two year period) for an increased overall contract amount of $9,347 to cover anticipated increased costs over the remaining term of the contract.

PH or OLD / NEW BUSINESS:
5/24 Gun Safe Storage Ordinance
5/10 Utility rate study ad hoc appointments
PH 5/24 The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

PH Mills Lane
OB Water Penalty Discussion
OB Financial Policy Update
formula business policy
OB Discussion, direction, and proposed approval of a resolution (1) rescinding Resolution 2017-75 and amending Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property and (2) authorizing a ceremonial flag recognizing LGBTQ Pride Month during the month of June.

Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an Agenda Item #9.1.

Regular City Council
April 12, 2022
rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.

June City Council Meetings:
6/14 (Staff reports due 5/27)
6/28 (Staff reports due 6/10)
PH or OLD / NEW BUSINESS:
6/14 Consideration and Proposed Approval of a Resolution Temporarily Waiving Sign Fees for Business Recovery for Additional Twelve Months.

13. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 9:29 p.m.

The regular City Council meeting minutes of April 12, 2022 were adopted at the regular City Council meeting of April 26, 2022.

APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a resolution authorizing the City Manager to execute Amendment No. 2 to STH Contract: FY 2019-028 in the amount of $42,140, to the Professional Services Agreement with Oscar Larson and
Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $239,830.

CEQA
Determination:

Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Martin Beltran, Management Analyst
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: James C. McCann, Interim City Manager

BACKGROUND
City Staff released a Request for Proposals (RFP) for multiple Capital Improvement Program (CIP) Water Projects in February 2018. Due to the number of similar water projects, the Public Works Department determined it would be beneficial and cost effective to coordinate through one design consultant and streamline project delivery. The CIP projects included in the RFP were the Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and the Rutherford Pump Station Upgrades W-110.

Following the release of the RFP, staff received three proposals for the work. The three consulting firms who submitted proposals were GEI Consultants, Bennett Engineering, and Oscar Larson and Associates. The selection committee, comprised of former Public Works Director Erica Ahmann Smithies, former Utilities & Operations Manager Felix Hernandez, and former Project Manager Tobias Barr, evaluated each proposal and determined that Bennett Engineering and Oscar Larson should be interviewed for the Agenda Item #9.2.

work based on experience. Interviews were conducted by staff and, following the interviews, staff determined that Oscar Larson and Associates had the most applicable experience and would be the best fit for the projects. Oscar Larson and Associates has extensive experience with municipalities, has experience on similar sized projects within the area, and is the most knowledgeable with pump stations.

On September 25, 2018, City Council adopted Resolution 2018-128 authorizing the City Manager to execute a Professional Services Agreement with Oscar Larson and Associates for design services in the amount of $145,190.

On January 26, 2021, City Council adopted Resolution 2021-9 authorizing Amendment No. 1 to STH Contract: FY 2019-028 in the amount of $52,500, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $197,690.

DISCUSSION
The Agreement’s current Scope of Services does not include the funds for additional work identified during City staff's review for each of the respective projects listed below. Staff recommends an amendment to the current contract that will allow for additional work to complete design plans and specifications, as well as assist with bid and construction support services. Amendment No. 2 will allow Oscar Larson and Associates to complete final design plans and bid documents in order to advertise and bid CIP project W-101 Tank #2 Rehabilitation. The Consultant will also prepare, assemble, and forward to the City all Plans, Technical Specifications and Construction Cost Estimate (PS&E) documents prepared to date for the W-110 Rutherford Pump Station project. The following services will be included in Amendment No. 2 for each of the projects.

W-101 Tank #2 Rehabilitation - $31,200
Consultant was previously contracted to prepare PS&E for the project to Recoat Tank #2.

The City had intended to use the documents to develop its own Bid Package for City to proceed with a bid process of advertising, receiving bids, and award to a construction contractor.

Due to limited staff availability, staff recommends Oscar Larson be authorized complete the bidder’s book documents, publish the project for bid, respond to RFIs, evaluate bids, and issue a recommendation to award. Amendment No. 2 will allow the Consultant to prepare the entire Bid Package suitable for City to advertise for bids and award for construction bids. The complete Bid Package will consist of all City standard draft documents and Consultant’s previously prepared PS&E’s for the Water Tank #2 Project.

Consultant will assist City during the bidding process through the day of City award to a contractor. Consultant will organize and attend one scheduled onsite pre-bid meeting and project site visit for contactors attendance. Consultant’s estimated time is based on a 30 day advertisement and bidding timeframe, plus a two-week period for City to award the Agenda Item #9.2.

bid. During the bidding period, Consultant will assist City to answer contractor questions, and Consultant will prepare and transmit Requests for Information (RFI) and responses to bidder’s questions. Consultant will evaluate the bidders bids and will prepare a report with recommendations to City.

W-110 Rutherford Pump Station $10,940
Consultant was contracted to prepare PS&E for the project. The original Project definition was to construct a new water pump station with an installed emergency generator in a building at the site. Due to operational changes related to the Napa Water Intertie this project no longer serves the City’s immediate needs.

City now seeks to consider a revised and final project description and develop an updated design scope for the project and the facility. Staff recommends the project be closed and all documents/PS&E’s created be delivered to the City in electronic format. Staff will reevaluate this project after City of Napa completes improvements to the Dwyer Pump Station.

Original Agreement Amount $145,190
Amendment No. 1 $52,500
Amendment No. 2 $42,140
Total Compensation Not to Exceed $239,830

FISCAL IMPACT
Amendment No. 2 is for an additional $42,140, for a total not-to-exceed amount of $239,830. Sufficient funding for design is available in the total approved budget for each of the projects. Below is a breakdown of the budgeted/available amounts for each of the CIP Projects and Attachments 3 and 4 are the adopted CIP budgets for W-101 and W110.

Table 1 - W-101 Amendment #2 - $31,200
CIP Project Total Budget Actual Spent
To-Date Encumbered Available
Design 35,204 (55,939) (20,735)
Contingency 63,000 63,000
TOTAL 98,204 (55,939) 42,265
Table 2 - W-110 Amendment #2 - $10,940
CIP Project Total
Budget
Actual Spent
To-Date Encumbered Available
Design 80,000 (78,103) (1,897)
Contingency 52,500 (125) 52,375
TOTAL 132,500 (78,528) (2,022) 52,375
Agenda Item #9.2.

RECOMMENDED ACTION
Staff recommends City Council adopt the attached resolution.

ATTACHMENTS
Attachment 1: Resolution
Attachment 2: Amendment No. 2 OLA
Attachment 3: W-101 CIP Budget Sheet
Attachment 4: W-110 CIP Budget Sheet
Agenda Item #9.2.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Authorizing (1) the City Manager to execute Amendment
No. 2 to STH Contract: FY 2019-028 in the amount of
$42,140, to the Professional Services Agreement with
Oscar Larson and Associates for designing CIP
Projects: Tank 2 Rehabilitation W-101 and Rutherford
Pump Station Upgrades W-110 for a total not-to-exceed
amount of $239,830.

RECITALS
A. City Staff released a Request for Proposals (RFP) for multiple Capital Improvement Program (CIP) Water Projects in February 2018; and
B. Due to the number of similar water projects, the Public Works Department determined it would be beneficial and cost effective to coordinate through one design consultant and streamline project delivery. The CIP projects included in the RFP were the Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and the Rutherford Pump Station Upgrades W-110; and
C. City staff selected Oscar Larson and Associates through a Request for Proposals process, and determined that Oscar Larson and Associates is highly qualified and has the best applicable experience for the projects; and D. On September 25, 2018, City Council authorized resolution number 2018-128 authorizing the City Manager to execute a Professional Services Agreement with Oscar Larson for design services in the amount of $145,190; and E. On January 26, 2021, City Council authorized Amendment No. 1 to STH Contract:

FY 2019-028 in the amount of $52,500, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W110 for a total not-to-exceed amount of $197,690; and F. The Agreement’s current Scope of Services does not include the funds, or the additional work needed to allow Oscar Larson and Associates to complete final design plans and bid documents in order to advertise and bid CIP project W-101 Tank #2 Rehabilitation and prepare, assemble, and forward all PS&E documents prepared to date to the City for CIP Project W-110 Rutherford Pump Station Upgrades; and
Agenda Item #9.2.

G. Amendment No. 2 is for an additional $42,140, for a total not-to-exceed amount of $239,830; and
H. Sufficient funding for design is available in the total approved budget for each of the projects.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorizes the City Manager to execute Amendment No. 2 to STH Contract: FY 2019-028 in the amount of $42,140, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101 and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $239,830.

Approved at a Regular Meeting of the St. Helena City Council on April 26, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hall: __________
Councilmember Hardy: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.2.

Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 Consultant: Oscar Larson and Associates
AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH OSCAR LARSON AND ASSOCIATES; STH CONTRACT NO: 2019-028 FOR DESIGN SERVICES ON THE FOLLOWING CAPITAL IMPROVEMENT PROJECTS: W-101 TANK 2 REHABILITATION, W-106 PUMP STATION UPGRADES, AND W-110 RUTHERFORD PUMP STATION

UPGRADES
This Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 dated September 25, 2018 ("Agreement") is made as of this day of , 2022, by and between the City of St. Helena, a municipal corporation ("City"), and Oscar Larson and Associates ("Consultant").

RECITALS
A. City staff selected Oscar Larson and Associates through a Request for Proposals process, and determined that Oscar Larson and Associates is highly qualified and has the best applicable experience for the projects; and
B. On September 25, 2018, the City and Oscar Larson and Associates entered into the Agreement for Consultant to provide professional design services in connection with the project described as CIP Projects: W-101 Tank 2 Rehabilitation, W-106 Pump Station Upgrades, and W-110 Rutherford Pump Station Upgrades; and C. On January 26, 2021, City Council authorized Amendment No. 1 to STH Contract: FY 2019-028 in the amount of $52,500, to the Professional Services Agreement with Oscar Larson and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-toexceed amount of $197,690; and D. The Agreement’s current Scope of Services does not include the funds or the additional work needed to allow Oscar Larson and Associates to complete final design plans and bid documents in order to advertise and bid CIP project W-101 Tank #2 Rehabilitation, and prepare, assemble, and forward all PS&E documents prepared to date to the City for CIP Project W-110 Rutherford Pump Station Upgrades; and
E. The City of St. Helena and Oscar Larson and Associates now desire to amend the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 1. Basic Services
Parties agree to amend Exhibit A “Scope of Services” of the Agreement to provide additional services, as outlined in Exhibit A-1, “Scope of Services” attached hereto.

Agenda Item #9.2.

Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 Consultant: Oscar Larson and Associates

2. Section 4.A Compensation, is amended to read as follows:

Original Agreement Amount $145,190
Amendment No. 1 $52,500
Amendment No. 2 $42,140
Total Compensation Not-to-Exceed $239,830
Exhibit B-1, “Compensation” detailing the compensation modification is attached hereto.

All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

CONSULTANT:

Oscar Larson & Associates
Consulting Engineers, Inc.

Signatures of Authorized Persons:

By: _____________________________
Print Name: _______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: James C. McMann
Title: Interim City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney
ATTEST:
____________________________
City Clerk
Attachments:

Exhibit A-1: “Scope of Services”
Exhibit B-1: “Compensation”
Agenda Item #9.2.

Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 Consultant: Oscar Larson and Associates
Exhibit A-1
“Scope of Services”
Design Services for the following Capital Improvement Projects: W-101 Tank 2 Rehabilitation and W-110 Rutherford Pump Station Upgrades
W-101 Tank 2 Rehabiliation
Deliverables:

1. Consultant was previously contracted to prepare completed Plans, Technical Specifications and Construction Cost Estimate (PS&E) for the project to Recoat Tank #2.

The City had intended to use the documents to develop its own Bid Package for City to proceed with a bid process of advertising, receiving bids and award to a construction contractor. City now requests Consultant, and not the City, to prepare the entire Bid Package suitable for City to advertise for bids and award for construction bids. The complete Bid Package will consist of all City standard draft documents and Consultant’s previously prepared PS&E’s for the Water Tank #2 Project.

2. Consultant agrees to prepare a Bid Package for City to advertise for bids and assist City during the bidding process, to evaluate bidders bids, and recommend apparent low bidder to City. City agrees to make final payment for Consultant’s previous work to prepare the PS&E’s.

3. Consultant will prepare, and submit to City, the Draft Bid Package suitable for bidding within an estimated five weeks after Consultant’s receipt of a Notice to Proceed (NTP) and the City’s draft documents.

4. Consultant will prepare a Final Bid Package incorporating City review comments of the Draft Bid Package. The Final Bid Package will be submitted to City within three weeks after Consultant’s receipt of City comments on the Draft Bid Package. City will use the final Bid Package in its advertising, and award processes in accordance with City standard practice. City agrees to pay Consultant for the preparation of the Bid Package an amount of $20,500. Time to complete is dependent upon time for City staff and legal staff review and response to submissions by Consultant.

5. Consultant will assist City during the bidding process through the day of City award to a contractor. Consultant will organize and attend one scheduled onsite pre-bid meeting and project site visit for contactors attendance. City agrees to have a City representative at that meeting. Consultant will prepare a report of that meeting for City. Consultant’s estimated time is based on a 30 day advertisement and bidding timeframe, plus a twoweek period for City to award the bid or an estimated 44 days. During the bidding period, Consultant will assist City to answer contractor questions, and Consultant will prepare and transmit Requests for Information (RFI) and responses to bidder’s questions. The work does not include change orders. Consultant will evaluate the bidders bids and will prepare a report with recommendations to City. Consultant’s estimated cost of these services is $10,700 plus travel costs and expenses.

Agenda Item #9.2.

Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 Consultant: Oscar Larson and Associates

6. Additional work to this Amendment is Consultant’s services during the construction period, including but not limited to construction management, construction Inspection, and other field and project site work during construction.

7. City agrees to pay an additional $31,200.00 to Consultant for the revised and additional work requested for Project W-101.

W-110 Rutherford Pump Station Upgrades
Deliverables:

1. Consultant was contracted to prepare project Plans for construction, Technical Specifications, and Construction Cost Estimate (PS&E) for the project. The original Project definition was to construct a new water pump station with an installed emergency generator in a building at the site. During the project the City changed the scope of the project to one where the site facility would not have a permanently installed emergency generator, but would provide construction to support a truck-towed emergency generator.

City now seeks to consider a revised and final project description and develop an updated design scope for the project and the facility. Consultant by this work scope is requested to cease work on the project, to assemble all of Consultant’s PS&E’s in their current state of completion and forward electronically to City. City intends to re-evaluate a revised scope for the project.

2. Consultant is now requested, by this work scope, to assemble Consultant’s partially completed PS&E’s, and forward electronic copies of the documents to City. Consultant agrees to perform the work within five weeks of receipt of a Notice to Proceed (NTP) which will consist of a fully executed Amendment No. 2, and payment of previous Consultant invoice(s).

3. City agrees to pay Consultant for the work requested the amount of $10,940.00 for Project W-110.

Agenda Item #9.2.

Amendment No. 2 to Professional Services Agreement STH Contract: 2019-028 Consultant: Oscar Larson and Associates
Exhibit B-1
“Compensation”
A summary of the expected budget by project is as follows:

Amendment No. 2 Design Services
W-101 Tank Rehabilitation $31,200
W-110 Rutherford Pump Station $10,940
Amendment No. 2 Total Not-to-Exceed: $42,140
All work will be performed in accordance with the professional services agreement between the City and the Consultant. Compensation is to be made on a time and materials basis utilizing the fee schedule in effect at the time the services are provided.

Agenda Item #9.2.

Tank 2 Rehabilitation
Category:

Project APN 022-420-019
Water
Project No: W-101
Location:

Responsible
Department:
2021-22 2022-23 2023-24 2025-26

PROJECT
TOTAL

EXPENDITURES
(Thousands of Dollars)
2024-25
Total YTD
05/11/21
3110 - Design 22,904 12,300 35,204
3150 - Construction Management 55,704 55,704
3160 - Construction Contract 15,282 582,454 597,736
3170 - Contingency 63,000 63,000
EXPENDITURE TOTALS 38,186 713,458 751,644
FUNDING SOURCES
763-Water Capital Improvement  38,186 713,458 751,644
FUNDING TOTALS 38,186 713,458 751,644
PROJECT PURPOSE & DESCRIPTION:   Rehabilitate Tank 2 at Lower Reservoir.

EXPENDITURE ACCOUNTS:

Fund: 763    Dept: 5030
32 Agenda Item #9.2.

Rutherford Pump Upgrade
Category:

Project 1851 St Helena Hwy.

Water
Project No: W-110
Location:

Responsible
Department:
2021-22 2022-23 2023-24 2025-26

PROJECT
TOTAL

EXPENDITURES
(Thousands of Dollars)
2024-25
Total YTD
05/11/21
3110 - Design 48,805 31,195 80,000
3150 - Construction Management 52,500 52,500
3160 - Construction Contract 12,055 354,842 366,897
3170 - Contingency 52,500 52,500
EXPENDITURE TOTALS 60,860 491,037 551,897
FUNDING SOURCES
763-Water Capital Improvement  60,860 60,860
763-Water Capital Improvement - Debt 491,037 491,037
FUNDING TOTALS 60,860 491,037 551,897
PROJECT PURPOSE & DESCRIPTION:   Upgrade electrical equipment and install permanent structure.

FY 21 Design and FY 22 Construction
EXPENDITURE ACCOUNTS:

Fund: 763    Dept: 5030
36 Agenda Item #9.2.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Review and consideration of the 2021 St. Helena Annual Housing Element Progress Report.

CEQA
Determination:

Not a CEQA project
Prepared By: Aaron Hecock, Senior Planner
Reviewed By: Maya DeRosa, Planning & Building Director
Approved By: James C. McCann, Interim City Manager

BACKGROUND
In 1969, the state mandated that all California cities, towns and counties must plan for the housing needs of residents regardless of income. This state mandate is called the Housing Element (HE) and Regional Housing Needs Allocation (RHNA). The California Department of Housing and Community Development (HCD) determines the total number of new homes the Bay Area needs to build and how affordable those homes need to be in order to meet the housing needs of people at all income levels. The numbers are provided to the Association of Bay Area Governments (ABAG) who then divides them up between all Bay Area jurisdictions.

Pursuant to Government Code Section 65400, by April 1st of each year, Cities are required to submit an annual report to the Office of Planning and Research (OPR) and HCD outlining the progress made towards implementing the City’s HE. Specifically, the Annual Progress Report (APR) is required to detail local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. In addition, the APR must detail the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its HE.

On May 26, 2015, the City of St. Helena adopted its 5th cycle state-mandated Housing Element update, spanning the years 2015-2023. This Housing Element details how the City plans to accommodate a total of 31 RHNA units within this time frame. The Planning Agenda Item #9.3.

Department is providing this annual update to inform the Council and public on the progress being made to implement the Housing Element policy priorities.

The City is currently in the process of updating the Housing Element for the 6th RHNA cycle (2023-2031) with adoption anticipated in 2023.

DISCUSSION
The current HE details goals, policies, quantified objectives, and implementing actions for the development, rehabilitation, and preservation of housing, based upon the findings of the Housing Needs Assessment and input received through the public outreach. The HE is divided into two elements, the Housing Needs Assessment and the Housing Element Update, which includes six goals, policies and an eight-year action plan. These six overarching goals (listed below) endeavor to facilitate housing development:

1. A Diversity of Housing to Meet Local Needs

2. Efficient Land Use and High Quality Neighborhoods

3. Conservation of Existing Housing

4. Assistance to Support Affordable Housing

5. Resource Conservation

6. Equal Housing Opportunities
The implementation of these goals is supported by a number of Policies, Implementing Actions and Quantified Objectives. As reported in the 2021 APR, the City Council and staff have implemented and met several of the Housing Element goals and programs, including some of the quantified objectives and implementing actions of several goals of the City's adopted Housing Element.

HCD requires a report to the City Council at a public meeting. Given this, staff has attached APR worksheets to supplement the information provided in this report. For an implementation progress update on the policies being implemented, or anticipated timeline for their implementation (from the staff perspective) the Council and community should refer to attached Table D from the APR worksheet. The required APR was submitted to OPR and HCD prior to the April 1, 2022 deadline.

As identified in Table B of the APR, the City has issued building permits for 110 new residential units (including ADUs) during this 2015-2023 RHNA Cycle, while the RHNA allocation from HCD was 31. However, the City has not yet met the individual affordable housing goals for very-low and moderate income categories identified in the RHNA allocations. It should be noted that one deed restricted moderate income unit (in addition to 4 low income units) was approved as part of the 963 Pope Street affordable housing project. Once building permits are issued those units will count toward our RHNA numbers.

Additional housing element and supporting information can be found at the following link:

Agenda Item #9.3.

http://www.cityofsthelena.org/planning/page/2015-2023-housing-element

FISCAL IMPACT
Given that the adopted Housing Element is an eight-year policy document, the fiscal impacts of implementing and meeting the goals of the 2015-2023 Housing Element are dependent on which of these goals are chosen to be addressed within a given budget year, and how the individual tasks are assigned (City staff vs consulting staff). As specific elements of the policy direction are brought forward, staff will provide individual costs and staff resources needed to accommodate each.

RECOMMENDED ACTION
It is recommended that the City Council review, consider and file this report recognizing that staff submitted the information to HCD and OPR in keeping with the April 1, 2022 mandate.

ATTACHMENTS
Table B
Table D
LEAP Summary
Agenda Item #9.3.

Jurisdiction St. Helena ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - 5 - - 2 - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - 3 - - 6 - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted 4 - - - - - - - -
Above Moderate 13 23 6 11 10 4 17 19 - - 90 -
31 27 14 11 10 12 17 19 - - 110 2
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNATotal Units
Income Level
Very LowLowPlease note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 1 7
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 4 Moderate
8 5 5
Please contact HCD if your data is different than the material supplied here 9 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1 Agenda Item #9.3.

Jurisdiction St. Helena
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation HE1.A
Continue to exempt permits for regulated affordable units as well as second units from Growth Management System Ongoing
The City currently exempts all units, including affordable housing units and Accessory Dwelling Units from the Growth Management system in compliance with current state law.

HE1.F
Fast-track housing developments that meet lower income and special housing needs.

Ongoing
The City is committed to expediting any affordable housing applications that are submitted for review and action. Eight owner-occupied affordable housing units were approved by the City in Dec. 2016 (Self-Help Affordable Housing Project called the Brenkle Ct. Project from Our Town St. Helena (OTSH)). Building permits for each unit were issued in 2019. An additional 5 deed restricted affordable units were approved in 2020 however building permits have not yet been issued.

HE2.A
Provide incentives for higher density housing. Explore possible incentives for building attached market rate housing units for rent and for sale.

Ongoing
In an effort to implement this Goal, the City has removed the Use Permit requirement for multi-family housing in the High Density Residential land use designation and all of the Housing Opportunity Sites located within other land use designations (Medium Density Residenital). In addition, the City has created an SB 330 Checklist to further streamline the design and approval of by-right multi-family units within the community.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Agenda Item #9.3.

HE3.E
Review housing needs, achievements and challenges as part of the City's regular General Plan review. As required by State law, submit a progress report to the State Department of Housing and Community Development and Governor's Office of Planning and Research by April 1st of each year.

Annually
This report is being done as a part of this Goal and as of 2021 reporting year, the City of St. Helena is up to date on its reporting requirements regarding Housing Element implementation with the Office and HCD.

HE4.C
Reduce, defer, or waive fees for affordable housing developments. The City will establish a set of criteria for project eligibility to have fees reduced, deferred or waived. The City will explore and adopt as appropriate higher incentives for affordable housing developments with units affordable to extremely low and very low income households.

Ongoing
Since 2010, the City has made significant efforts to provide financial incentives, including reducing the application and impact fees for affordable housing projects and will continue to do so into the foreseeable future. Since 2016, the City committed substantial amounts of Affordable Housing Trust Fund monies (approximately $2,450,000) to three different affordable housing projects, anticipated to result in the construction and/or occupancy of 21 new affordable housing units in St. Helena through 2021. Since 2015, the City has fully funded all funding requests made by an affordable housing developers to assist with the design and construction of affordable housing units within St. Helena.

HE4.F
Pursue additional funding for affordable housing. Explore other options for affordable housing funding, including a real property transfer tax and Housing Trust Fund contributions from the wine and hospitality industry in Napa Valley. 2018 and ongoing
Since 2010, the City has made significant efforts to provide financial incentives, including reducing the application and impact fees for affordable housing projects and will continue to do so into the foreseeable future. In 2018, the City joined wioth all municipalities in Napa County, put Measure E on the ballot, requesting voter approval of a special tax to increase Transit Occupancy Taxes on hotels by one-percent, with these additional funds being for the sole purpose of housing.

This measure was approved and went into effect January 1, 2019. Estimated annual revenue from this measure is approximately $280,000.

HE4.G
Continue Section 8 rent subsidy certificates. Work with the City of Napa Housing Authority to provide continued rental assistance to low, very low and extremely low income households.

Ongoing The City continues to contract with the City of Napa for Housing Authority services, including Section 8.

Agenda Item #9.3.

HE4.L
Explore the potential of using Housing Trust Fund money to purchase existing housing for conversion to restricted affordable housing and commit funding as appropriate. Priority use of Housing Trust Fund monies will be given to the creation of housing affordable to extremely low income households.

Ongoing
Since 2010, the City has made significant efforts to utilize Affordable Housing Trust Fund monies to support the development and preservation of affordable housing projects and will continue to do so into the foreseeable future.

HE5.B
Encourage use of alternative energy technologies. Create incentives for the use of solar energy in new and rehabilitated housing. Incentives to adopt as appropriate include, but are not restricted to, ensuring a streamlined review process for applications, deferred fees, and reduced applicable city standards.

Ongoing
The City currently issues building permits for solar panel installation, backup battery installation, and electric vehicle charging infrastructure under the "Rapid Permit" category and will continue to do so into the foreseeable future. The City has extended services for Solar Permits to be submitted via email and paid over the phone to expedite further the process and reduce the number of trips into City Hall to get the permit.

HE5.F
Provide public information on alternative energy technologies for residential developers, contractors, and property owners. The City will provide information on its website and/or City Hall regarding alternative energy technology options, possible sources of financing, and any applicable information regarding necessary local permits.

Ongoing
The City currently provides Green Building Code information upon request and has recently updated the City website, allowing additional information to be provided on an on-going basis. In 2018, the City added information regarding solar panel installation, backup battery installation, and electric vehicle charging infrastructure to the City's website to ease access to the requirements and incentives available.

Agenda Item #9.3.

HE5.D
Require cost-effective energy conservation measures in all new and rehabilitated housing to promote longterm affordability for occupants. The City will adopt the State's new Energy Efficiency Standards as part of any update to the California Building Standards Code and ensure that all new housing units constructed in the City meet or exceed these standards.

Tri-Annually
The City continues to work toward concurrent building code adoption along with standard building code updates. The last update being January 1, 2020 with adoption of the 2019 Code Standards.

HE5.H
Continue to apply Municipal Code provisions pertaining to water resources. City will continue to require water-efficient landscaping for new residential and commercial construction, as well as implementing the Water Use Efficiency and Use Guidelines.

Ongoing
The City has adopted a "Water Neutral" policy for all new development (Municipal Code Chapter 13.12) and continues to implement a Water Efficient Landscape Ordinance (MWELO) in keeping with anticipated State requirements.

HE1.J
Encourage development of co-housing, ecohousing, 'green' manufactured homes and other 'nontraditional' forms of housing. Ensure these housing types are addressed in the development of design guidelines to streamline to approval process.

Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide now that the 2040 St Helena General Plan has been adopted. In addition, staff and the City Council are committed to creation and adoption of Design Guidelines, consistent with the adoption of the 2015 Housing Element and 2040 General Plan.

Agenda Item #9.3.

HE2.D
Modify section 17.100 of the Zoning Ordinance to rename the Mobilehome Park Overlay District to "Manufactured Housing Overlay District". Develop policies to streamline the review process for this overlay district on residential land for projects that create land-ownership opportunities for residents. Support giving residents the right of first refusal if an existing park is to be sold.

Ongoing
No revisions to the current zoning code have been made yet as the comprehensive zoning code update is currently underway. However, all City actions are made in keeping with California State law and any request to implement a Manufactured Housing Overlay District would be reviewed as such.

HE2.I
Review and revise development standards pertaining to second units. Ensure that the development of second units is physically and financially feasible in targeted areas. Give particular attention to parking standards, setbacks, and impact fees.

Ongoing
In 2020, the City adopted updated ADU regulations which streamlined the review process for ADU construction and conversion, in keeping with the requirements of State law. The St Helena 2040 General Plan update was adopted in May 2019. A comprehensive zoning code has begun and will include additional direction regarding the development of Accessory Dwelling Units.

HE2.J
Provide financial assistance for second unit development. Incentives might include low interest loans or fee waivers. 2020
The City of St. Helena has amended its zoning ordiancne to be compliant with state law with regards to ADUs, their permitting, and reduced impact fees. A comprehensive zoning code update has begun will include additional direction regarding the development of Accessory Dwelling Units (ADUs). A component of this review will include the ability of the City to provide financial assistance for ADU development. In the mean time, City staff has been working with non-profit organizations and grant providers to find other mechanisms to encourage ADU development.

HE2.K
Target specific areas for second unit incentives. Create incentives to construct second units in the medium density areas near downtown. Incentives to adopt as appropriate include, but are not restricted to, fast tracking development applications, deferred development fees, and reduced parking and/or other city standards.

Ongoing
The City of St. Helena has amended its zoning ordiancne to be compliant with state law with regards to ADUs, their permitting, and reduced impact fees. A comprehensive zoning code update has begun will include additional direction regarding the development of Accessory Dwelling Units (ADUs).

Agenda Item #9.3.

HE2.M
Link financial incentives and development standard variances to affordability requirements for second units. Require that either the main house or the second unit is used as a rental unit that is affordable to moderate or below moderate households whenever the City assists in development through financial incentives or by granting a variance Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide which is expected to occur along with the comprehensive zoning code update. Financial incentives and potential variance from development standards will be included as a part of this review. The City has also begun its 6th Cycle Housing Element Update which will identify Key Housing Opportunity Sites and potenital rezoning oppotunities withing the City.

HE2.N
Respond to complaints regarding illegal units. The City will work with the property owners to help bring illegal units up to code and to abate the use of non-habitable buildings as living units Ongoing
While the City does not have a dedicated Code Enforcement Department, Planning and Community Improvement Department staff is responsible for responding to Code Enforcement complaints and prioritize life and safety issues, such as substandard housing, in these efforts. Additional Code Enforcement improvements have been identified as an element of the adopted City Council goals.

HE2.O
Identify appropriate 'target' areas for conversion of single family homes to multi-unit dwellings, Identify areas, zoning districts, or specific sites where conversion would be appropriate or desirable.

Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide which is expeted to occur along with the comprehensive zoning code update. Financial incentives and potential variance from development standards will be included as a part of this review. Further, a majority of the City's residential land is designated as Medium Density Residential, allowing conversion of existing SFD to MFD at a density of 5.1-16 units per acre. The City has also begun its 6th Cycle Housing Element Update which will identify Key Housing Opportunity Sites and potenital rezoning oppotunities withing the City.

Agenda Item #9.3.

HE2.P
Develop a program to encourage affordable housing in clusters of 4-6 units on Infill parcels on west side of town. The City will post an inventory of available sites on the City's website. City will explore and adopt as appropriate incentives to encourage affordable housing clusters, including, but not limited to priority permitting processing, reduced or waived development fees, reduced parking and/or other city standards, and an additional density bonus.

Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide and have prioritized creation of a Citywide Housing Strategy as one of the Council Goals. This is expected to occur along with the comprehensive zoning code update. Incentives for the development of these units including parking ratio reductions, will be included as a part of this review. Further, a majority of the City's residential land is designated as Medium Density Residential, allowing conversion of existing SFD to MFD at a density of 5.1-16 units per acre. The City has also begun its 6th Cycle Housing Element Update which will identify Key Housing Opportunity Sites and potenital rezoning oppotunities withing the City.

HE3.A
Restrict conversion of rental units to condominiums. Current policy allows conversion to condominiums under certain circumstances when the vacancy rate is high. The presence of second homes results in an inflated vacancy rate. The policy should be further studied to reflect a general guiding principle of preserving the affordable housing stock while eliminating the current linkage to vacancy rates.

Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide and have prioritized creation of a Citywide Housing Strategy as one of the Council Goals. This is expected to occur along with the comprehensive zoning code update. Restrictions on condominium conversions of existing apartment units will be included as a part of this review.

HE3.B
Charge an affordable housing impact fee whenever housing units are converted to other uses. Exempt conversion projects that create affordable for-sale housing from this impact fee.

Ongoing
The City currently charges an Housing Impact Fee. Further, the City Council has expressed an interest in reviewing housing needs Citywide and have prioritized creation of a Citywide Housing Strategy as one of the Council Goals. This is expected to occur concurrently with the comprehensive zoning code update. Restrictions on conversions of existing housing units to non-housing uses will be included as a part of this review.

HE3.D.

Continue to limit the conversion of market rate housing to vacation rentals. Abate the use of illegal vacation rentals, including time shares and fractional interests.

Ongoing
The City strictly limits the use of residential units for short-term rental (STR) use to a maximum of 25 STR units within the City. Funds collected from these units are utilized to assist with active and aggressive enforcement of these limitations. This enforcement continued to be a priority in 2020.

Agenda Item #9.3.

-
Review and possibly amend the inclusionary housing ordinance to: (1) adjust the inclusionary housing ordinance to require further distribution of affordable units with the various income categories. (2) Balance collecting housing impact fees with the requirement to construct affordable housing, either on or off site depending on the size of the site and other site conditions, for larger commercial developments. Evaluate increasing the housing impact fees to reflect the increasing cost of housing in the community. Collect housing impact fees for small commercial development where requiring residential construction would not be feasible. (3) Increase appropriate residential construction inlieu fees and/or create a sliding scale for larger homes. (4) Add an above moderate-income workforce housing component to the Inclusionary Housing Ordinance requirements Ongoing
The City Council has expressed an interest in reviewing housing needs Citywide and have prioritized creation of a Citywide Housing Strategy as one of the Council Goals. This is expected to occur concurrently with the comprehensive zoning code update. Potential revisions to the inclusionary housing requirements will be included as a part of this review. In preparing for this process, the City commissioned a "White Paper" on housing issues to further highlight the housing needs and opportunities available within the community. The City has also begun its 6th Cycle Housing Element Update which will identify Key Housing Opportunity Sites and potenital rezoning oppotunities withing the City.

Goal 3 Quantified Objective:

Assist in the acquisition of low-interestloans for rehabilitation, including energy conservation, of 10 lower-income housing units by January 31, 2023 of the end of the Housing Element planning period (2 extremely low income, 2 very low income, 3 low income, and 3 moderate incomehouseholds). 12/31/2022
City was awarded $500,000 HOME funds grant in 2017 and initiated implementation of a program to make 0-interest, 0-payment 30-year loans for rehabilitation work to owners of deed restricted homes. To date, the City has expended or committed approximately $448,000 of these funds to assist 18 low income home owners and continues to roll out funds as loans are repaid. The City was awarded another $500,000 in HOME funds in 2020 however the City is waiting for approval from HCD to begin processing loan requests as they review the updated guidelines and environmental documentation.

Agenda Item #9.3.

Goal 1-Quantified
Objective:

Construct 4 units of affordable housing to Extremely-Low income households; 4 units of housing affordable housing to Very Low Income households; 5 units for Low Income households; 5 units for Moderate Income households; and 13 units for above Moderate Income households by October 31, 2022 (31 total RHNA). 12/31/2022
The City has issued building permits for the Turley Flats affordable housingproject, an 8-unit multifamily project with loan funding from the AffordableHousing Trust Fund (all low income). Occupancy of all units occurred in 2019. Further, the City has issued building permits for the Brenkle Court 8-unit affordable housing project (2 very-low and 6 low income). In 2020, the City approved a deed restricted affordable housing project (4 low to very-low income and 1 moderate income) at 963 Pope Street. The combined affordability of these units is expected to help the City make significant progress toward meeting these unit counts.

Goal 4 Qualtified Objective:

Reduce, defer or waive fees for 18housing units affordable to extremely low, low, very low and moderate income households. 12/31/2022
The City has both reduced and deferred fees (through a loan from the Affordable Housing Trust Fund) for the Turley Flats Affordable Housing Project, an 8-unit multi-family development at 1105 Pope St, the Brenkle Court 8-unit affordable housing project access off of McCorkle, and the 5-unit affordable houisng project at 963 Pope Street. Combined, the City has reduced, deferred or waived fees for 21 affordable housing units as of Jan. 1, 2022.

Agenda Item #9.3.

Jurisdiction St. Helena
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Issue Request for Proposals $0.00 $0.00 Local General Fund Select Consultant $0.00 $0.00 Local General Fund
Execute Contract $0.00 $0.00 Local General Fund
Public Workshop $5,000.00 $0.00 Local General Fund
Study Session with Planning
Commissioin $5,000.00 $0.00 Local General Fund
Study Session with City Council $5,000.00 $0.00 Local General Fund Prepare Administrative Draft
Housing Element $19,500.00 $0.00 Local General Fund
Prepare Draft CEQA Document $19,500.00 $0.00 Local General Fund Public Review CEQA Document $5,000.00 $0.00 Local General Fund Submit Draft Housing Element to
HCD for Review $0.00 $0.00 Local General Fund
Planning Commission Hearing $3,000.00 $0.00 Local General Fund City Council Adoption $3,000.00 $0.00 Local General Fund Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 0
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
In ProgressIn ProgressIn Progress
CompletedCompletedCompleted
In ProgressIn Progress
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$                                                               65,000.00 Task Status
CompletedCompleted
Agenda Item #9.3.

Non-Deed Restricted 0
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 1919
Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 00 Moderate
Above Moderate
Total Units
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Agenda Item #9.3.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.

CEQA
Determination:

Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations
• Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended. This allowed City Council and all other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote locations.

Agenda Item #9.4.

The suspension of certain Brown Act provisions was further extended by the Governor on June 11, 2021 through the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.

With the Governor’s Executive Order expiring at the end of September 2021, the State Legislature adopted Assembly Bill 361. On September 16, 2021, the Governor signed AB 361, which allowed legislative bodies to meet virtually provided there was a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees, subject to certain ongoing findings by the legislative body.

AB 361 also preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands.

Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation. The City already complies with this requirement, so it presents no change to our current practice.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.

The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within every 30 days of its first meeting under AB 361, make findings that (a) state or local officials recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees. State officials at Cal-OSHA have, through the adoption of certain regulations, recommended measures to promote social distancing throughout the State. Additionally, Napa County Public Health Officer Dr. Karen Relucio has, through a memo dated September 27, 2021, recommended the continuance of virtual meetings at the present time as a means of promoting social distancing in order to minimize the spread and transmission of COVID-19 in Napa County.

Agenda Item #9.4.

It is important to note that AB 361 does not require the City to continue with virtual meetings, but simply gives the Council that option. If at any time the City Council desires to return to in-person meetings, the Council can agendize that topic for discussion and direct staff to initiate the transition back to in-person or hybrid meetings; however, at this time City staff is recommending adoption of the resolution to allow City Council and all other Commission, Committee, and other Brown Act meetings to continue to be held remotely in order to ensure social distancing consistent with the recommendations of State and local officials.

At the September 28, 2021 regular City Council meeting, the City Council had a discussion item and considered whether to meet in person or continue virtual meetings.

It was the consensus of the City Council to continue with the Zoom meeting platform until staff is relocated to Napa Valley College.

DISCUSSION
The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. The City Council reconsidered and adopted findings by resolution to continue meeting virtually on November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022 and March 8, 2022, March 22, 2022. This is being reconsidered on April 26, 2022.

The enclosed resolution makes the necessary findings for the City Council and all subordinate legislative bodies of the City that are subject to the Brown Act to continue with virtual meetings for the time being. City staff will return to the City Council with a resolution every 30 days to allow for the continuance of virtual meetings for so long as Council and staff believes that virtual meetings are necessary.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDED ACTION
Approve the Attached Resolution Making Findings and Determinations Under AB 361.

ATTACHMENTS
Resolution AB361
Agenda Item #9.4.

CITY OF ST. HELENA
RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA MAKING FINDINGS AND
DETERMINATIONS UNDER AB 361 FOR THE

CONTINUATION OF VIRTUAL MEETINGS
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, and in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a “close contact,” defined as being within 6 feet of another under certain circumstances, and Napa County Health Officer Dr. Karen Relucio has recommended that local public agencies refrain from holding in person public meetings, as a means of promoting social distancing; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public and compliance with the recommendations of state and local officials with regard to social distancing; and
WHEREAS, the City Council of the City of St. Helena desires that all City legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:

Agenda Item #9.4.

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council has reconsidered the circumstances of the state of emergency.

SECTION 3. As stated in the recitals, state or local officials continue to recommend measures to promote social distancing.

SECTION 4. The City Council and all other legislative bodies of the City of St.

Helena who are required to hold public meetings shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3), based upon the findings and determinations hereby made by the City Council.

Approved at a Regular Meeting of the St. Helena City Council on April 26, 2022, by the following vote:

Mayor Geoff Ellsworth:

Vice Mayor Paul Dohring:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Eric Hall:

APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.4.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution authorizing a ceremonial flag recognizing LGBTQ Pride and Transgender Month during the month of June 2022
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 adopted policy P-CC-0001 Outdoor Display of Governmental and NonGovernmental Flags on City Property, which authorizes the display of non-governmental flags on City property (attached).

DISCUSSION
Per Policy P-CC-0001, Mayor Ellsworth made a request to the Interim City Manager to fly Ceremonial Flags in the month of June. The flags to be flown are the LGBTQ Pride Month Progressive flag and the Transgender flag. The flying of both flags will be done in conjunction with the LGBTQ Pride Month Proclamation that will be heard at the May 24, 2022 City Council meeting. All requests for Ceremonial Flags are to be approved by City Council.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDED ACTION
Approve a resolution authorizing the Progress Pride flag and the Transgender flag to be flown on the City's ceremonial flag pole during the month of June 2022.

Agenda Item #9.5.

ATTACHMENTS
Attachment 1 - Resolution LGBTQ and Transgender Flags
Attachment 2 - 2019-66 Rescinding Resolution 2017-75 and Amending the Policy PCC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property and Authoriz
Attachment 3 - Mayor Ellsworth Request
Agenda Item #9.5.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Authorizing the Progress Pride Flag and Transgender
Flag to be Flown on the City’s Ceremonial Flag Pole

RECITALS
A. On June 13, 2017, the St. Helena City Council adopted policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property, which authorizes the display of non-governmental flags on City property.

B. Per City Council adopted policy Mayor Ellsworth formally requested in writing to the Interim City Manager for the LGBTQ Pride Progressive flag and Transgender flag be flown on the City's ceremonial flag pole during the month of June.

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

1. Authorizes the Progress Pride Flag and Transgender flag to be flown during the month of June 2022.

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 #9.5.

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 #9.5.

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 #9.5.

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

Administration

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 #9.5.

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 #9.5.

1 Cindy Tzafopoulos
From: Geoff Ellsworth
Sent: Thursday, April 14, 2022 1:33 PM
To: Cindy Tzafopoulos
Cc: James McCann
Subject: Progress Flag/Trans Flag for Pride Month
I would like to request the City fly the Progress Flag and the Trans Flag on our ceremonial flag pole for Pride Month, June 1‐June 30 2022 in solidarity and support of LGBTQ+ issues and members of our community.

Thank you,
Geoff Ellsworth
Sent from my iPad
Agenda Item #9.5.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Quarterly Grant Report for FY 2022 Q2 for the period ending December 31, 2021 and Q3, for the period ending March 31, 2022.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
This report covers grant activity for the 2nd and 3rd Quarters of Fiscal Year (FY) 2022.

DISCUSSION
New Awarded Grant Applications in FY 2022 2nd and 3rd Quarter The City of St. Helena received one new grant award during 2nd and 3rd Quarter of Fiscal Year 2022.

Agency Project Award
CDBG-CV2 & 3 -
Childcare Scholarship
Program
Provide childcare
scholarships to income
qualified families.
$71,053
CDBG-CV2 & 3 - Utility
Assistance Program
Provide utility assistance
to St. Helena Residents. $200,000
CDBG - Public Services
(CONDITIONALLY

AWARDED)
Community Wellness and
Mental Health Program. $498,281
Agenda Item #9.6.

State of CA - Department
of Alcoholic Beverage
Control
Minor Decoy, Shoulder
Tap, and IMPACT
Program.
$20,000
State of CA - Department
of Justice
Funding for School
Resource Officer. $454,788
State of CA - Department
of Parks and Recreation
Funding to Replace Crane
Park Playground
Equipment.
$177,952
SWRCB - CA Water and
Wastewater Arrearages
Payment Program
Relief for Water
Arrearages incurred
03/04/2020 through
06/15/2021.
$114,344
Applications Pending
The City currently has 6 applications pending.

Agency Project Amount
CDBG - Hunt's Grove
Parking Lot
Expansion and
improvements for Hunt's
Grove parking lot.
$200,000
CDBG - Planning Grant Affordable Housing
Feasibility Analysis. $204,170
CDBG - Economic
Development
Business Assistance
Program $500,000
CalOES - HMGP:

Wastewater Treatment
Plant Backup Power
Wastewater Treatment
Plant Emergency Backup
Power
$728,438
CalOES - HMGP:

Emergency Backup Power
City Corporation Yard and
Crinella Pump Station
Emergency Backup Power
$257,380
CalOES - HMGP:

Defensible Space/Fuel
Management
Defensible Space and
Hazardous Fuels
Reduction
$1,866,680
CDBG: Hunts Grove Parking Lot Project - Funds will be used to expand and improve parking for Hunt's Grove Apartments to create space for an additional 12 parked cars.

The total amount of requested funding is $200,000. This project is currently on a waiting list.

CDBG: Planning Grant - The funding will be used to conduct a sites feasibility analysis to compare various properties in the City for their affordable housing development potential. The total amount of requested funding is $204,170.

Agenda Item #9.6.

CDBG: Economic Development - Funding will be used for a Business Assistance Program for the purpose of establishing a business assistance revolving loan fund, which will provide flexible low interest forgivable loans to small and medium sized businesses in the City of St. Helena to offset the negative impacts of COVID-19 to assist with financial recovery and business expansion. The total amount of funding requested is $500,000.

HMGP: Wastewater Treatment Plant Backup Power - Funding would be used to purchase and install emergency backup power at the Wastewater Treatment Plant that would provide sufficient power to the newly designed plant upgrade during power outages. The total project amount is estimated at $971,250, with $728,438 requested in grant funding and $242,812 as a required City match.

CalOES - HMGP: Emergency Backup Power - Funding will be used to upgrade two existing City facilities with back-up power generation capabilities and will include the purchase of two fixed generators for the City Corporation Yard and the Crinella Pump Station. The total project amount is estimated at $343,173, with $257,380 requested in grant funding and $85,793 as a required City match.

CalOES - HMGP: Defensible Space and Fuel Management - Funding will be used to create defensible space around the locations identified as high fire risk in St. Helena by creating a buffer between the identified structures and grass, trees, shrubs, and wildland areas that surround them. The proposed project will slow the rate of spread for future wildfires, making them more manageable and reducing damage to structures. The total project amount is estimated at $2,488,906, with $1,866,680 requested in grant funding and $622,226 as a required City match.

Applications Not Funded
The City received notification that 2 applications during 2nd and 3rd Quarter of Fiscal Year 2022 were not funded.

Agency Project Reason
CDBG - Planning Grant Affordable Housing
Feasibility Analysis
The City did not receive
enough points to be
funded during this
competitive round. HCD
recommended reapplying
during the FY22 NOFA
period.

CalTrans - Clean
California Grant Program
Downtown Streetscape
Project
The City did not receive
enough points to be
funded. Projects were
awarded to cities with
much more disadvantaged
populations, urban decay,
and dilapidated streets.

Agenda Item #9.6.

Active Grants
These are grant awards with signed agreements. This chart identifies the grant award, required match, and percent expended. Staff is currently managing $5.49 million in active grant funds.

Grant Project Award
Amount
Additional
Project
Funding
% Grant
Funds
Expended
Notes
CENIC on behalf
of Califia
Connection to
CalRen Hub at St.

Helena Public
Library
Based on
discounts
applied
$ - 0.0%
The CENIC
connection
was
completed in
March 2019.

Department of
Water Resources
(DWR)
Comprehensive
Flood Control
Project
$2,371,333 $20,000,000 100.0%
Holding
$237,000 in
retention until
Conservation
Easement is
completed.

CalTrans/Federal
- OBAG2
Main Street
Pedestrian
Improvements
$1,206,000 $351,000 0.0%
Planning and
design
continues on
this project.

Friends &
Foundation
Enhancements for
Library (PT Staff,
Spanish/Youth/Adult
Programs,
Materials, Elsie the
Cat, Supplies)
$138,600 $ - 78.4%
The fourth
grant
disbursement
of $35,000
was received
February
2022.

Bulletproof Vest
Partnership
Purchase of one
bulletproof vest $2,956 $1,478 100.0%
CalTrans/Federal
- HSIP
Replacement of
1,175 lineal feet of
guardrail on
Silverado Trail that
is located in the City
limits of St. Helena
$556,100 $ - 3.3%
Project was
delayed due
to a CalTrans
requirement.

An extension
was filed and
approved
updating the
Project End
Date to
06/01/2023.

Agenda Item #9.6.

Housing and
Community
Development
(HCD) - SB2
Planning Grant
Updates to current
zoning code in order
to implement
housing policies and
directives identified
in the General Plan
and in the 2015
Housing Element.
$160,000 $159,990 82.9%
Project
continues to
progress as
scheduled.

CalOES - PSPS
Resiliency
Allocation
Replace two
generators at the
treatment plants
and purchase a
roving generator.
$300,000 $ - 86.4%
Construction
is in
progress.

HCD - Local
Early Action
Planning (LEAP)
Grant
Housing Element
update to facilitate
compliance with the
6th Regional
Housing Needs
Allocation (RHNA)
cycle.
$65,000 $ - 83.7%
Contract was
awarded in
January
2021.

Upper Valley
Waste
Management
Money Way
Waste/Recycling
Consolidation
Project
$120,000 $ - 0.0%
Project was
anticipated to
start in 2022.

HCD - HOME
Investment
Partnership
Program:

Program
Funding to continue
the OwnerOccupied
Rehabilitation
Program.
$500,000 $ - 0.0%
Funding is
awaiting
HCD
authorization
to expend
funds.

CDBG-CV1 -
Childcare
Scholarship
Program
Provide childcare
scholarships to
income qualified
families.
$74,484 $ - 13.0%
CRC
continues to
work with
families for
placement.

Closed Out Grants
Grant Project Award
Amount
Cash
Match
% Grant
Funds
Expended
Notes
CDBG -
Acquisition
Project
Acquisition of
a 4-unit rental
property at
723 Hunt
Avenue to
$1,429,111 $ - 100.0%
All project
completion
reports were
received by
HCD. Unspent
Agenda Item #9.6.

preserve a
low income
housing site.
funds were
disencumbered
and final
reimbursement
was received
09/03/2021.

Department
of Justice
Prop 56 - Hire
law
enforcement
office to
manage
programs
educating and
enforcing
issues of
underage
tobacco use.
$393,514 $ - 31.8%
Final
reimbursements
were received on
12/08/2021.

CalOES -
HMGP
Purchase of
generators
and upgrading
electrical
panels to
provide
emergency
backup power
to City
facilities.
$485,392 $169,487 100.0%
Reimbursement
retention was
received on
03/28/2022.

Flood Projects
• Department of Water Resources (DWR) – City Council approved the conservation easement on October 12, 2021 and it was recorded on February 25, 2022. DWR confirmed receipt of the documents and it will take DWR approximately 45-60 days to complete the necessary paperwork and documentation for closeout and release the retention of $237,000.

Non-Profit Grant Funding
The FY 2021/22 grant application period closed on March 15, 2021 at 5:00 PM. The City received 26 applications with a total of $421,828 in funding requests. On May 25, 2021, City Council awarded 20 applicants for a total of $209,530. The chart below identify the grant type, grantee, project description, award amount, and percent expended as of March 31, 2022.

Agenda Item #9.6.

Grant Type Grantee Project
Description
Award
Amount
Percent
Expended*
Community
Enrichment
Arts Council Napa
Valley
Visual &
Performing Arts
Student of the
Month
$3,250 0.0%
Community
Enrichment Boys & Girls Club
Power Hour –
Homework
Assistance
Program
$5,000 0.0%
Community
Enrichment
Friends of the
Cameo
Cameo Cinema
Drive-In $8,000 100.0%
Community
Enrichment
Lunchtime
Productions
CKT – Summer
2021 St. Helena
Drama Camps
$2,000 0.0%
Community
Enrichment
Napa Valley State
Parks
Summer Camp
Scholarship &
Outdoor Education
Program
$2,500 0.0%
Community
Enrichment Nimbus Arts Art Programs & Art Kits $3,630 0.0% Community
Enrichment
St. Helena
Community Band
Yearly
Performances $4,000 0.0%
Community
Enrichment
St. Helena
Historical Society
Pioneer
Classroom and
Education Center
$5,000 100.0%
Community
Enrichment
Upstage Napa
Valley
First Annual
Upstage Napa
Valley Playwrights
Festival
$3,050 0.0%
Programmatic Boys & Girls Club St. Helena Teen
Club $28,000 0.0%
Programmatic Mentis
Youth and Family
Mental Health
Treatment
$20,000 0.0%
Programmatic OLE Health Ole Health
Services $5,000 0.0%
Programmatic Our Town St.

Helena
OTSH Transition
Year Capacity
Building
$25,000 0.0%
Programmatic
Rianda House
Senior Activity
Center
Rianda House
Senior Activity
Center
$25,000 0.0%
Agenda Item #9.6.

Programmatic Saint Helena
Family Center
Enrollment
Expansion with
New Classroom
Space
$10,000 0.0%
Programmatic
St. Helena
Cooperative
Nursery School
St. Helena Co-Op
Nursery School $10,000 0.0%
Programmatic St. Helena
Farmers Market
Market Match
Program $5,100 88.0%
Programmatic St. Helena
Preschool for All
Preschool
Scholarships $10,000 100.0%
Programmatic St. Helena
Catholic Church
Additional Food
Cards, Fuel
Vouchers for
Families in Need
$10,000 0.0%
Programmatic Up Valley Family
Centers
Community
Connections &
Immigration
Assistance
$25,000 0.0%
Totals $209,530 13.1%
*This program is a reimbursement grant; therefore, funds are not considered expended until reimbursement paperwork has been received and approved by City staff.

The FY 2022/23 grant application period closed on February 18, 2022 at 5:00 PM. The City received 20 applications with a total of $290,185 in funding requests. The Council working group met on March 30, 2022 to review the applications and make funding recommendations. The funding recommendations will be presented to City Council at the first budget workshop meeting currently scheduled for May 12, 2022.

FISCAL IMPACT
There is no fiscal impact associated with this report.

RECOMMENDED ACTION
Receive and file report.

Agenda Item #9.6.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: March 2022 Review and Forecasting of City Water Supply Availability
CEQA
Determination:

Exempt
Prepared By: Martin Beltran, Management Analyst
Reviewed By: Eric Janzen, Assistant Public Works Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.

On April 27, 2021, the City Council adopted an Urgency Ordinance updating the regulatory requirements for commercial, industrial, and institutional users due to the seasonal nature of their water use. Beginning in June 2021, the updated Phase II allocation for commercial, industrial, and institutional users is 10% less than that user’s average water use during the three preceding non-shortage years by month. For current calculations the following years are being used: 2017, 2018, and 2019. This baseline for determining allocations for commercial, industrial, and institutional users also applies in Phase III.

The Urgency Ordinance also updated the basis for which a Phase I, Phase II, or Phase III water emergency is determined from whether the City has sufficient volume of water to meet its needs through November 1st, to whether the City has sufficient volume to Agenda Item #9.7.

meet its needs through the subsequent May 1st,, after making conservative assumptions regarding rainfall during the rainy season based on recent data. The change to the standard allows the City to take into account potentially very low rainfall during the rainy season, and less than full replenishment of the City’s water supply storage.

At the City Council meeting of July 27, 2021, the City Council requested City staff enhance the monthly water report to include a forecast of available water supply, consistent with the adopted Urgency Ordinance. This request is consistent with the City's Fiscal Year 2021-22 Council Goal to develop a Comprehensive Water Security Framework, and the recently developed Framework that includes a goal to "Maximize Conservation During Water Emergency" and subtask 1C to "provide customers with comparison of actual vs. projected water demand" as well as Framework Goal Improve Consumer Satisfaction and Confidence" and subtask 3C to "additional analytical tools to improve consumer confidence."

DISCUSSION
City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for March 2022. The water produced for March 2022 is up by 1.5% when compared to March 2021 and down by 4% when compared to the average of March 2018-2020. The storage in Bell Canyon graph (Attachment 2) shows the water availability forecast for Bell Canyon based on the highest water usage during a non-drought year.

Water Produced or Delivered per Source
Source
Average (2018 -
2020)
(Acre-Feet)
March 2021
(Acre-Feet)
March 2022
(Acre-Feet)
Bell Canyon 37 2 17.3
Stonebridge Wells 7 30 32.2
Napa Water 48 55 39
Total 92 87 88.5
Percent change from average of March 2018 - 2020: -4%
Percent change from March 2021: 1.5%
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021, and drought conditions state-wide persist. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February, 2022 and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction does not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The Agenda Item #9.7.

City has not received any curtailment order from the Department of Water Resources (DWR) nor does the City anticipate to receive one.

The City is still in drought conditions. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year with Phase 1 conservation measures in effect. As of April 1, Bell Canyon Reservoir elevation was at 418.5 feet representing approximately 2,121 acre feet (AF) and 89% capacity.

Due to the ongoing drought conditions, Phase I Water Emergency remains in effect. Staff will monitor State-wide and local drought conditions and provide updates on a monthly basis.

Water Supply Related Projects
Staff has requested a proposal from a consultant to assist the City with evaluating the City's long term water resiliency. The consultant will assist with updating the 2010 Water Supply Plan that was prepared prior to the recent drought.

Rutherford Pump Station (RPS) has resumed normal operation and the City is taking delivery of the allotment purchased from City of Napa. The new equipment installed at RPS, is capable of delivering water from low-pressure sources such as the Jamison Canyon Water Treatment Plant (state water source). Furthermore, the City of Napa continues to make improvements to the Dwyer Pump Station which, when completed, will provide the capacity to increase pressure to the Rutherford area, thus providing a redundant system for water delivery to St. Helena.

Staff has negotiated an amendment to the City of Napa Water Supply Agreement allowing undelivered water via the Rutherford Pump Station to be "banked" for delivery in future fiscal years. Staff expect to bring Amendment No. 5 to the Agreement for City Council's review and consideration in May.

FISCAL IMPACT
Not applicable.

RECOMMENDED ACTION
Receive and file.

ATTACHMENTS
Attachment 1: Monthly Water Report, March 1-31, 2022
Attachment 2: Storage in Bell Canyon Graph, March 2022
Agenda Item #9.7.

CITY OF ST. HELENA

MONTHLY WATER REPORT
CC:       CC __X__   PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS

STRALLA

WATER PLANT
TK #1 & #2
ADJUST

17.35 5.65 0.27

19.4% 0.9%

29.12 MG MG

1.70 MG MG

0.42 MG MG

1.02 MG MG
%%
298.42 AF 31.5% 554.98 AF 43.1%

97.24 MG 180.11 MG
258.50 AF 27.3% 343.27 AF 26.7%

84.22 MG 93.96 MG
389.90 AF 41.2% 388.50 AF 30.2%
127.05 MG 116.59 MG
TOTAL WATER DELIVERY (ALL) 946.82 AF 100.0% 1286.75 AF 100.0%

0.05 0.34
418.50 FT. FT.
‐0.88 FT. FT.
712.62 MG MG

89.0 %%

1.03 IN IN

24.46 IN IN
AVERAGE 56.2 54.8

REMARKS
City of Napa Water Delivery on Target:  No. The City experienced a pump failure at Rutherford Pump Station between November 2021 ‐ March 2022.  RPS is consistently producing ~ 0.5 MG/day.

DISCLAIMER: The data presented in this report is approximate and for informational purposes only.

Updates will be provided if any errors are identified.

THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 39.9 ‐ 84.7 39 ‐ 78

TEMPERATURES
MONTHLY RISE OR DROP 1.74
CAPACITY AT END OF PERIOD 340.85
PERCENT OF FULL CAPACITY 43.0
RAINFALL IN THIS PERIOD 2.19
TOTAL RAINFALL SEASON TO DATE 13.03
ELEVATION BELL CANYON RESERVOIR 402.07
STONEBRIDGE APARTMENTS MG/March 1 ‐ 31 0.0016 MG/Mar 2 ‐ 30

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/March 1 ‐ 31 0.0130 MG/Mar 2‐30

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER
MINIMUM DAILY DELIVERY 0.42
AVERAGE DAILY DELIVERY 1.17

WATER YEAR TOTALS

WATER DELIVERY (AGGREGATE)
TOTAL DELIVERY  THIS PERIOD 28.19
MAXIMUM DAILY DELIVERY 2.44

0.032 12.68
PERCENT 36.1% 43.6%

0.84 March 1 ‐ 31, 2022

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 32.26 0.100 38.93
AMOUNT PRODUCED in MG 10.51
Agenda Item #9.7.

Supply Level (Acre Feet)
2500
2250
2000
1750
1500
1250
1000
750
500
250
Assumes: (1) Highest usage during non-drought year (FY2019/20) (2) No more rainfall until next rain season
BellCanyon Water Storage Forecast
496
596 Acre Feet*
Available Storage
1525 1468 1410 1341 1269
1180
1092
1010 973 993 1020 1025 1018 995 938 864 791
703
615
533
596
Current Apr-22 May-22 Jun—22 Jul—22 Aug-22 Sep-22 Oct-22 Nov—22 Dec—22 Jan-23 Feb—23 Mar-23 Apr—23 May—23 Jun—23 Jul-23 Aug—23 Sep-23 Oct-23 *25% reserve for fire Date
Nov-23
515
596
Dec—23 Agenda Item #9.7.

Report to the City Council
Regular City Council - 26 Apr 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution authorizing:
1) An agreement with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owneroccupied rehabilitation program; and 2) Adoption of the updated Housing Rehabilitation Program Guidelines.

CEQA
Determination:

Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.

Prepared By: Mandy Kellogg, Asst. Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager

BACKGROUND
Since Fiscal Year 2007/2008, the City has contracted with the Housing Authority of the City of Napa (HACN) to administer housing authority services for St. Helena.

On June 23, 2015, the City Council authorized the City Manager to file an application to the California Department of Housing and Community Development (HCD) for an owneroccupied low-income household rehabilitation program for up to $500,000 in grant funds.

This grant was intended to provide no interest, voluntary payment loans to assist lowincome homeowners with making needed repairs to their homes. In filing this application it was identified that, if awarded, City staff would then work with HACN to use the funds to create and administer the program.

In September 2016, the City was awarded a $500,000 State HOME Investment Partnership Program Grant (HOME) for an owner-occupied residential rehabilitation Agenda Item #9.8.

program, which will assist low-income homeowners whose primary residences are in need of repairs, improvements or reconstruction necessary to meet federal, state, and local building codes.

On July 1, 2017, the City of St. Helena entered into Home Program Intergovernmental Agreement for Services with the Housing Authority of the City of Napa for program administration and services.

The program was highly successful and resulted in the approval of 21 HOME loans. There are currently 6 individuals on the waiting list for funding availability.

On January 14, 2020, the City Council authorized the City Manager to file an application to the California Department of Housing and Community Development (HCD) for an additional $500,000 in grant funds to continue the owner-occupied low-income household rehabilitation program.

On October 13, 2020, the City was awarded the additional $500,000 to continue the program and received the executed Standard Agreement on October 27, 2021. The City has continued to work with HACN to complete the necessary documents to receive authorization to expend funds, which include an updated agreement with HACN to act as "Program Operator" for the HOME owner-occupied rehabilitation program and updated Housing Rehabilitation Program Guidelines.

DISCUSSION
HOME Program Intergovernmental Agreement for Services
The proposed updated agreement (Attachment A) will authorize HACN to act as the “Program Operator” specifically for the HOME owner-occupied rehabilitation program and cover the following services:
• Loan application processing and selection of loan recipients • Income determination
• Inspecting and documenting conditions of dwellings
• Developing bid specifications
• Conducting bid walks
• Pre-construction conference
• Preparing Minor Rehabilitation Residential Environmental Reviews • Preparing contracts and loan documents
• Monitoring construction activities
• Preparing payment requests and lien waivers
• Preparing and recommending approval of change orders
• Inspecting completed work
• Prepare and recording Notices of Completion
• Prepare project closing documents and draw requests
Agenda Item #9.8.

• Provide technical assistance
• Program outreach and marketing
• Annual occupancy monitoring, and preparation of reports required by the HOME Program, including quarterly and annual Program Income Reports and Performance Reports, and any applicable labor reports
Although HACN administers the program and will provide recommendations, the City will have ultimate approval of applicant eligibility, scope of work, amount of loans, change orders, etc.

HACN has successfully managed the owner-occupied and rental housing rehabilitation program and lead-based paint remediation program for the City of Napa since 1991. The HACN is currently under contract to operate a variety of Owner Occupied Rehab Programs funded with either CDBG, HOME, and/or CalHome Program funds for the cities of Calistoga and American Canyon and the Town of Yountville.

Housing Rehabilitation Program Guidelines
The updated program guidelines (Attachment B) were approved by the Housing and Community Development Department on April 5, 2022 and include one amendment of significance. The original program guidelines allowed for a maximum loan amount of $30,000. Due to increased construction costs it was proposed to increase the maximum loan amount. The updated guidelines allow for a maximum loan amount of $75,000, which is described in Section 4.1 of Attachment B.

FISCAL IMPACT
Under the terms of the State’s Standard Agreement, $12,500 of the $500,000 grant is designated for general program administration. HACN is proposing to use the full amount of $12,500 and an additional $5,000 from program income that the City earned during the previous grant period, for a total of $17,500 to cover its administrative costs. Also per the Standard Agreement, up to 24% of the grant may be used for activity delivery costs.

HACN is proposing to utilize $80,300 for activity delivery costs. Based on this, the total contract amount is $97,800 to be paid over the term of the services agreement, for both program activity costs and administration.

Therefore, the only direct fiscal impact to the City will be in the staff time to administer the financial elements of the program, and to administer the future revolving loan program after repayment of the loans begin.

RECOMMENDED ACTION
It is recommended the City Council adopt a resolution authorizing:
1) The City Manager to execute the Intergovernmental Agreement for Services with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and
2) Adoption of the updated Housing Rehabilitation Program Guidelines.

Agenda Item #9.8.

ATTACHMENTS
Resolution Agreement with HACN and HOME Grant Guidelines Attachment A - St. Helena - 19-HOME-14974 Program Services Agreement - Final Attachment B - Housing Rehabilitation Program Guidelines Agenda Item #9.8.

CITY OF ST. HELENA
RESOLUTION NO. 2022-__
Resolution approving an agreement with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program and Approving the updated Housing Rehabilitation Program Guidelines.

RECITALS
A. In September 2016, the City of St. Helena was awarded a HOME Investments Partnership Program grant in the amount of $500,000 from the State of California Department of Housing and Community Development for owner-occupied residential rehabilitation program to assist low-income homeowners whose primary residences are in need of repairs (the “HOME Grant”); and
B. On July 1, 2017, the City of St. Helena entered into Home Program Intergovernmental Agreement for Services with the Housing Authority of the City of Napa for program administration and services; and
C. On October 13, 2020, the City was awarded the additional $500,000 to continue the program and received the executed Standard Agreement on October 27, 2021. The City has continued to work with HACN to complete the necessary documents to receive authorization to expend funds, which include an updated agreement with HACN to act as "Program Operator" for the HOME owner-occupied rehabilitation program and updated Housing Rehabilitation Program Guidelines; and D. The City of St. Helena and the Housing Authority both desire to have the Housing Authority continue the owner-occupied rehabilitation loan program and administer the HOME Grant for the City of St. Helena; and
E. The City wishes to amend the Housing Rehabilitation Program Guidelines that outline the parameters of the HOME Grant program to increase the maximum loan amount from $30,000 to $75,000 to accommodate increased construction costs.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. Authorize the City Manager to execute the Intergovernmental Agreement for Services with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and

2. Adopt the updated Housing Rehabilitation Program Guidelines.

Agenda Item #9.8.

Approved at a Regular Meeting of the St. Helena City Council on April 26, 2022, by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall:

Councilmember Hardy:

APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.8.

ATTACHMENT A
City of St. Helena -HOME Program Page 1 of 18
Agreement For Services

HOME PROGRAM

INTERGOVERNMENTAL AGREEMENT

FOR SERVICES

THIS HOME PROGRAM INTERGOVERNMENTAL AGREEMENT FOR SERVICES (this “Agreement”) is made and entered into under the joint exercise of powers provisions of the Government Code of the State of California, California Government Code Section 6500-6536 this ___ day of ___________ (“Effective Date”) by and between the City of St. Helena, a California municipal corporation (“Grantee”) and the Housing Authority of the City of Napa, a California public agency and Subrecipient of the Grantee (hereinafter “Program Operator”). Grantee and Program Operator are public entities organized and operating under the laws of the State of California and each is a public entity as defined in California Government Code Section 6500.

Grantee and Program Operator may be referred to collectively as “the Parties.” A. The Grantee has applied for and received grant funds from the California State Department of Housing and Community Development (“HCD”) HOME Investment Partnerships Program (“HOME Program Grant”) allocated to the State from the U.S.

Department of Housing and Urban Development (“HUD”) under Title II of the CranstonGonzalez National Affordable Housing Act of 1990, and in implementing regulations set forth in part 92 of Title 24 of the Code of Federal Regulations (“CFR”), and in section 8200 et seq. of Title 25 of the California Code of Regulations (“CCR”).

B. The Grantee’s use of the Grant Funds is governed by that certain Standard Agreement 19-HOME-14974 by and between the Grantee and HCD dated _____, 2022 attached hereto as Exhibit A and incorporated herein by this reference (“the Standard Agreement”). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Standard Agreement.

C. The Grantee wishes to utilize the Home Program Grant to fund an OwnerOccupied Rehabilitation Program (“Rehabilitation Program”) and to engage the Program Operator to assist the Grantee in administering such programs.

NOW, THEREFORE, it is agreed between the parties as follows:

1. SCOPE OF SERVICE
A. Activities. The Program Operator will be responsible for administering the Rehabilitation Program , the “Program”) in the City of St. Helena (“City”), in a manner reasonably satisfactory to the Grantee and consistent with all standards required by the Standard Agreement. The Program Operator shall comply with all terms and conditions of the Standard Agreement applicable to the Services (defined below) being provided by Program Operator pursuant to this Agreement.

The Program Operator will perform the program delivery activities and general administration activities described in subsections (1) and (2) below (collectively, “Services”).

Agenda Item #9.8.

(1) Program Delivery Activities. Program Operator will provide the following delivery activities:

Rehabilitation Program: Loan application processing and selection of loan recipients, income determination, inspecting and documenting conditions of dwellings, developing bid specifications, conducting bid walks, preconstruction conference, preparing Minor Rehabilitation Residential Environmental Reviews, preparing contracts and loan documents, monitoring construction activities, preparing payment requests and lien waivers, preparing and recommending approval of change orders, inspecting completed work, preparing and recording Notices of Completion, and preparing project closing documents and draw requests, and providing technical assistance.

Determination of applicant eligibility, scope of work, amount of loans, change orders, and other similar decisions shall be the decision of the Grantee based upon the recommendation of the Program Operator.

Delivery Activities for Program Income are not included within the Services. However, if Grantee desires Program Operator to provide such services, Program Operator will provide them on a time and materials basis at the rates set forth in Section 4 upon mutual agreement of the Parties.
(2) General Administration. The Program Operator shall provide the following administrative activities: program outreach and marketing, annual occupancy monitoring, and preparation of reports required by the HOME Program, including quarterly and annual Program Income Reports and Performance Reports, and any applicable labor reports.

B. Program Goals. In providing the Services, the Program Operator shall use best efforts to provide technical assistance and rehabilitation loans to approximately thirteen (13) households in the City.

C. Staffing. The Program Operator shall provide staff to operate the Programs. Staff assigned to the Programs may include a Housing Rehabilitation Supervisor, Housing Rehabilitation Specialist, Affordable Housing Representative, Housing Secretary, Office Assistant, Management Analyst, Housing Specialist, Assistant Housing Manager, and Housing Manager.

D. Performance Monitoring. The Grantee will monitor the performance of the Program Operator against goals and performance standards set forth herein.

Substandard performance including, without limitation, as provided in Section

6.C, herein, as solely determined by the Grantee will constitute a material breach Agenda Item #9.8.

of, and non-compliance with, this Agreement. If action to correct such substandard performance is not taken by the Program Operator within 15 calendar days after being notified in writing by the Grantee, Grantee will be entitled to suspend and/or terminate this Agreement with 15 calendar days’ notice.

2. TIME OF PERFORMANCE. This Agreement shall have a term of five (5) years, starting on the 1st day of _____________, and ending on the 31st day of __________________ (the “Term”); provided however, the Term of this Agreement shall be automatically extended to cover any extensions of the deadline to expend Program funds set forth in Section 3A of Exhibit A of the Standard Agreement. 3 BUDGET.

Rehabilitation Activity Delivery $80,300
Program Administration $17,500
Total for Term of Agreement $97,800
Grantee will compensate Program Operator for the performance of Services under this Agreement in an amount not to exceed Ninety-Seven Thousand Eight Hundred Dollars, $97,800, as outlined above.

4. PAYMENT. The Grantee will pay Program Operator for Program Operator’s time and expenses necessary to perform the Services as compensation in full for Services satisfactorily performed in compliance with this Agreement. The rate for Program Operator’s time shall be the then-current fully burdened overhead rate (the “Fully Burdened Overhead Rate”) for the employee performing the Services. The Fully Burdened Overhead Rate is an hourly billable rate that captures all Program Operator costs associated with an employee, over and above gross compensation or payroll costs. Typical costs associated with the Fully Burdened Overhead Rate include payroll taxes, worker's compensation, health insurance, paid time off, pension contributions, and other benefits. The applicable Fully Burdened Overhead Rate will depend on the Program Operator employee performing the Services as each employee has a different Fully Burdened Overhead Rate that is calculated based on that particular employee’s salary and benefits.

It is expressly agreed and understood that the total amount to be paid by the Grantee to Program Operator for the Services provided under this Agreement shall not exceed the total set forth in Section 3. Payments to Program Operator shall be made against the line item budgets specified in Section 3, herein. The Program Operator shall comply with the provisions in 2 CFR Part 200 regarding charges for Services and will charge Grantee for actual costs rather than a fixed fee. Program Operator shall not be entitled to any compensation for additional services provided without Grantee’s prior written authorization.

Agenda Item #9.8.

Program Operator will submit a quarterly itemized invoice to the Grantee for the Services provided during the preceding quarter. The invoice will identify the Services performed, the hours spent performing the Services, the applicable Fully Burdened Overhead Rate(s), and any authorized expenses. Grantee may require a more detailed invoice from Program Operator for the cost of Services provided under this Agreement, and the Program Operator shall provide such supplementary information within 30 calendar days in the form and content prescribed by the Grantee. The Grantee will pay the Program Operator within 30 days after receipt of each invoice.

5. NOTICES. Communication and details concerning this Agreement shall be directed to the following contract representatives:

Grantee:

City Of St. Helena
Jim McCann, Interim City Manager
1572 Railroad Avenue
St. Helena, CA 94574
Program Operator:

Housing Authority of the City of Napa
Housing Manager
P. O. Box 660
Napa, CA 94559
707-257-9543

6. SPECIAL CONDITIONS.

A. General Compliance. During the performance of this Agreement, the Program Operator agrees to comply with the requirements of 24 CFR Part 92 and Section 8200 through, and including, Section 8220 of Title 25 of the CCR concerning the HOME Investment Partnerships Program, and California Health and Safety Code Section 50896 except that: (1) the Program Operator does not assume the Grantee’s responsibility for compliance with the National Environmental Policy Act, and (2) the Program Operator does not assume the Grantee’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Program Operator also agrees to comply with all other applicable Federal, state, and local laws, regulations, and policies governing the Services provided under this Agreement.

B. Workers’ Compensation. The Program Operator shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

C. Suspension or Termination. In accordance with 24 CFR § 85.43, the Grantee may suspend or terminate this Agreement if the Program Operator Agenda Item #9.8.

materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
(1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; (2) Failure, for any reason, of the Program Operator to fulfill in a timely and proper manner its obligations under this Agreement;
(3) Ineffective or improper use of HOME Program Grant funds; or (4) Program Operator’s submission to the Grantee of reports that are incorrect or incomplete in any material respect.

In accordance with 24 CFR § 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Program Operator, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of this Agreement will not accomplish the purpose for which this Agreement was made, the Grantee may terminate this Agreement in its entirety. If this Agreement is terminated for convenience, Program Operator will be entitled to compensation for Services performed up to the notice of termination. Unless otherwise approved by Grantee, Program Operator shall refrain from providing any, and will not be entitled to compensation for, any services provided after the termination of this Agreement.

7. ADMINISTRATIVE REQUIREMENTS.

A. Documentation and Record-Keeping.
(1) Records to be maintained. The Program Operator shall maintain all documents and records required by 24 CFR Part 92.508 and 25 CCR § 8216 that are pertinent to the Services to be provided by Program Operator under this Agreement. Title to and ownership of all such documents and records shall be in Grantee, which shall at all times be entitled to have access to, and possession and copies of, such documents and records. Such documents and records shall include, but not be limited to:
(a) Records providing a full description of each activity undertaken;
(b) Records required to determine the eligibility of activities; Agenda Item #9.8.

(c) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with HOME assistance;
(d) Records documenting compliance with the fair housing and equal opportunity components of the HOME program; and
(e) Financial records as required by 2 CFR Part 200.
(2) Retention. The Program Operator shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration or termination of this Agreement. Records for any displaced person must be kept for three (3) years after s/he has received final payment or five (5) years after the expiration or termination of this Agreement. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
(3) Client Data. The Program Operator shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.
(4) Disclosure. The Program Operator understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Program Operator’s responsibilities with respect to the Services provided under this Agreement, is prohibited unless written consent is obtained from such persons receiving service and, in the case of a minor, that of the responsible parent/guardian.

Notwithstanding the foregoing, Program Operator understands and agrees that such information is not private or confidential as to Grantee in Grantee’s administration and oversight of Program Operator’s responsibilities under this Agreement, and that Program Operator shall at all reasonable times provide Grantee with complete access to and complete copies of such information, including without limitation, all documents, records and materials retained by Program Operator, as determined to be necessary by Grantee.
(5) Audits, Access, and Inspections. Notwithstanding any other provision of this Agreement, all Program Operators documents, Agenda Item #9.8.

information, books, records and other materials with respect to any matters covered by this shall be made available to the Grantee, HCD, their designees or the Federal and State Government, at any time during normal business hours, as often and as promptly as the Grantee or HCD deems necessary, to audit, examine, copy and make excerpts or transcripts of all relevant information and data. Any deficiencies noted in audit reports that relate to matters within the responsibility and control of Program Operator must be corrected by the Program Operator in accordance with the audit report. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Program Operator hereby agrees to comply with current Grantee policy concerning Program Operator’s year-end audit/financial statement requirements, as applicable, in 2 CFR Part 200.

C. Reporting. Upon Grantee’s request, the Program Operator shall submit a progress report to the Grantee in the form and content as required by the Grantee.

D. Procurement.
(1) OMB Standards. Unless specified otherwise within this Agreement, the Program Operator shall procure all materials, property, or services in accordance with the requirements of 2 CFR Parts 200.317-326. (2) Travel. The Program Operator shall obtain prior written approval from the Grantee for any travel costs.

8. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT. During the performance of the Services, the Program Operator agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; and Section 104 (d) of the Housing and Community Development Act of 1974, as amended, and implementing regulation 24 CFR § 92, and applicable State HOME Regulations.

9. PERSONNEL AND PARTICIPANT CONDITIONS.

A. Civil Rights.
(1) Compliance. During the performance of the Services, the Program Operator agrees to comply with all applicable local and state laws including, but not limited to, 14-S01, the California Fair Employment and Housing Act and 14-F03, the California Civil Rights Act of 1964, as amended, and with Title VI of the Civil Rights Act of 1964, as amended, Title VII of the Civil Rights Act of 1968, as amended, Section 104 (b) and Agenda Item #9.8.

Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1976, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375 and 12086.
(a) During the performance of the Services, the Program Operator further certifies that its physical facilities will be accessible in compliance with Section 504 of the Rehabilitation Act of 1973. (b) During the performance of the Services, the Program Operator certifies that it will make provisions in the Programs for communicating with hearing and speech impaired persons. (c) During the performance of the Services, the Program Operator certifies that any advertising and outreach materials for the Programs will contain the Program Operator‘s TDD/TTY number or the telephone number of the California Relay Service.
(2) Nondiscrimination. During the performance of the Services, the Program Operator will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Program Operator will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Program Operator agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
(a) The Program Operator will conduct an analysis of racial and ethnic participation rates in the HOME Program, as well as the participation rates by female-headed households and persons with disabilities where applicable, to determine whether any group is actually, or is projected to be, participating at levels below the representation of these groups in the City’s population, based on general population data available from the U.S. Census. Program Operator will develop an affirmative marketing strategy to promote interest among such under represented groups in the Grantee’s programs. The Program Operator will include information in its performance report as to the affirmative outreach methods it has employed within the past year in compliance with this subsection.

Agenda Item #9.8.

(3) Land Covenants. The Standard Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352). In regard to the sale, lease, or other transfer of land acquired, cleared or improved with the HOME Program Grant, the Program Operator shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or improvements erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Program Operator, in undertaking its obligation to carry out the Program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not, itself, so discriminate.
(4) Section 504. During the performance of the Services, the Program Operator agrees to comply with any Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 706), which prohibits discrimination against the handicapped in any Federally assisted program. The Grantee shall provide the Program Operator with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

B. Affirmative Action.
(1) Approved Plan. To the extent applicable to Program Operator’s performance of the Services, the Program Operator agrees that it shall be committed to carry out, pursuant to the Grantee’s specifications, an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1965. (2) M/WBE. To the extent applicable to Program Operator’s performance of the Services, the Program Operator will use its best efforts to afford minority-women-owned business enterprises (M/WBE) the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “minority and womenowned business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are AfroAmericans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Program Operator may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
(3) Access to Records. During the performance of the Services, the Program Operator shall furnish and cause each of its own subcontractors to furnish all information and reports required hereunder and will permit Agenda Item #9.8.

access to its books, records, and accounts by the Grantee, HCD, HUD or its agent, or other authorized State and Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
(4) Notifications. To the extent applicable to Program Operator’s performance of the Services, the Program Operator will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Grantee’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) EEO/AA Statement. To the extent applicable to Program Operator’s performance of the Services, the Program Operator will, in all solicitations or advertisements for employees placed by or on behalf of Grantee, state that it is an Equal Opportunity or Affirmative Action employer.
(6) Subcontract Provisions. The Program Operator will include the provisions of Paragraphs 9.A, Civil Rights, and 9.B, Affirmative Action, in every subcontract or purchase order under this Agreement, specifically or by reference, so that such provisions will be binding upon each of its own divisions or subcontractors.

C. Employment Restrictions.
(1) Prohibited Activity. The Program Operator is prohibited from using Home Program Grant funds or personnel employed in the administration of the Programs for: political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. (2) Labor Standards. During the performance of the Services, the Program Operator agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland “Anti-Kickback” Act (40 U.S.C. §§ 276a-276a-5; 40 U.S.C. § 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Program Operator shall maintain documents related to compliance with this subsection. Such documentation shall be made available to the Grantee for review upon request.

Agenda Item #9.8.

(3) The Program Operator shall, except with respect to the rehabilitation or construction of residential property containing (12) twelve or more HOME-assisted units, comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Program Operator of its obligation, if any, to require payment of the higher wage. The Program Operator shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirement of this paragraph. (4) Housing and Urban Development Act of 1968 “Section 3” Clause. (a) Compliance. To the extent applicable to Program Operator’s performance of the Services, Program Operator shall comply with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders issued prior to the execution of this Agreement. Failure to fulfill these requirements shall subject the Grantee, the Program Operator and any of the Program Operator’s subcontractors, their successors and assigns, to those sanctions specified by the Standard Agreement. The Program Operator certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements.

The Program Operator further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a
project assisted under a program provided direct
Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12
U.S.C. § 1701. Section 3 requires that to the greatest
extent feasible opportunities for training and
employment be given to low and very low-income
residents of the project area and contracts for work in connection with the project be awarded to business
concerns that provide economic opportunities for lowand very low-income persons residing in the metropolitan area in which the project is located.”
Agenda Item #9.8.

To the extent applicable to Program Operator’s performance of the Services, the Program Operator further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the HOME-funding project is located; where feasible, priority should be given to lowand very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the HOME-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

The Program Operator certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements.
(b) Notifications. To the extent applicable to Program
Operator’s performance of the Services, the Program Operator agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under the Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
(c) Subcontracts. The Program Operator will include the Section 3 clause in every subcontract under this Agreement and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by HUD. The Program Operator will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75, and will not let any subcontract unless the entity has first provided it with a preliminary Agenda Item #9.8.

statement of ability to comply with the requirements of these regulations.
(5) Drug Free Workplace. During the performance of the Services, the Program Operator agrees to comply with the requirements of the Secretary of HUD in accordance with the Drug-Free Workplace requirements and all other applicable Federal, state, and local laws and regulations pertaining to drug-free workplace standards, insofar as those acts apply to the performance of this Agreement. The Program Operator shall maintain a written Drug-Free Workplace policy. Such policy shall be made available to the Grantee for review upon request.

D. Conduct.
(1) Assignability. The Program Operator shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee. Any unauthorized assignment shall be void and unenforceable.

Claims for money due or to become due to the Program Operator from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished to the Grantee. (2) Subcontracts.
(a) Approvals. The Program Operator shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the Grantee. (b) Monitoring. The Program Operator will monitor all
subcontracted services on a regular basis to assure compliance with this Agreement. Results of monitoring efforts shall be summarized in written reports provided to Grantee and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
(c) Content. The Program Operator shall cause this Agreement in its entirety to be included and made a part of any subcontract executed in the performance of this Agreement.
(d) Selection Process. The Program Operator shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competitive basis.

Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

Agenda Item #9.8.

(3) Hatch Act. During performance of the Services, the Program Operator shall comply with Chapter 15 of Title 5 of the United States Code.
(4) Conflict of Interest. During performance of the Services, the Program Operator agrees to abide by the provisions of 24 CFR § 85.36 with respect to conflicts of interest for procurement of property and with 24 CFR § 84.42 for procurement of services. In all cases not governed by these two sections, the Grantee and Program Operator shall comply with 24 CFR § 92.356. The Program Operator covenants that in the performance of this Agreement no persons having such a financial interest shall be employed or retained by the Program Operator hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, or of any designated public agencies receiving funds under the HOME program.
(5) Lobbying. The Program Operator hereby certifies that:
(a) No Federal or State appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the HOME Program Grant, the Standard Agreement or this Agreement; (b) If any funds other than Federal or State appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the HOME Program Grant, the Standard Agreement or this Agreement, Program Operator will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
(c) Program Operator will require that the language in this subsection 9(D)(5) be included in any subcontracts and that all Program Operator subcontractors shall certify and disclose accordingly; and
(d) This certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required Agenda Item #9.8.

certification shall be subject to a civil penalty of not less that $10,000.00 and not more than $100,000.00 for each such failure. (6) Faith-based Activities. The Program Operator shall comply with the requirements of 24 CFR § 92.257 and 24 CFR Part 5.109 which provide, in part, that “Organizations that are directly funded under the HOME Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the assistance funded under this part.”

10. ENVIRONMENTAL CONDITIONS.

A. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Program Operator shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

B. Lead-Based Paint. The Program Operator agrees that any construction or rehabilitation of residential structures funded with the HOME Program Grant shall be subject to HUD Lead-Based Paint Regulations at 24 CFR Part 35. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if leadbased paint is found on the property, abatement measures may be undertaken.

C. Historic Preservation. The Program Operator agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), and the procedures set forth in 36 CFR, Part 800, and Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement.

In general, this provision requires Program Operator to obtain concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

11. INDEPENDENT ENTITIES. Grantee and Program Operator are independent entities, and Grantee and Program Operator and their respective officers, agents and Agenda Item #9.8.

employees are not, and shall not be deemed, employees of the other agency for any purpose including, but not limited to, worker’s compensation and employee benefits.

12. PRIVILEGES, IMMUNITIES AND OTHER BENEFITS. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective Public Agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performance of this Agreement.

13. GENERAL PROVISIONS.

A. Amendments. The Grantee or Program Operator may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each Party, and approved by the Grantee’s governing body.

Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Program Operator from its obligations under this Agreement.

The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons; provided however, if such amendments result in a change in the funding, the scope of Services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Program Operator.

B. Indemnification. To the full extent permitted by law, Program Operator will indemnify, hold harmless, release, and defend the Grantee (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Program Operator’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement.

Consistent with Civil Code Section 2782, Program Operator will not be obligated to indemnify Grantee for the proportionate share of the Liability caused by the Grantee’s active negligence, sole negligence, or willful misconduct.

To the full extent permitted by law, Grantee will indemnify, hold harmless, release, and defend the Program Operator (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all Liability of any nature, arising out of, pertaining to, or relating to Grantee’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement and the Standard Agreement. Consistent with Agenda Item #9.8.

Civil Code Section 2782, Grantee will not be obligated to indemnify Program Operator for the proportionate share of the Liability caused by the Program Operator’s active negligence, sole negligence, or willful misconduct.

C. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

D. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Napa.

E. Attorney’s Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

F. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.

G. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.

H. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth above.

Agenda Item #9.8.

GRANTEE: PROGRAM OPERATOR:

City of St. Helena Housing Authority of the City of Napa _______________________________ __________________________________ Jim McCann, Interim City Manager Vincent Smith, Deputy Executive Director Attest: Attest:
________________________________ _________________________________ Cindy Tzafopoulos, City Clerk Tiffany Carranza, Authority Secretary Countersigned:
________________________________
Joy Riesenberg, City Auditor
Approved As To Form: Approved As To Form:
_________________________________ __________________________________ Ethan Walsh, City Attorney Michael Barrett, Authority General Counsel Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
1 CITY OF ST. HELENA

SINGLE-FAMILY HOUSING

REHABILITATION

ASSISTANCE PROGRAMS
(HOME, CDBG, CalHome)

PROGRAM DESIGN AND PROCESS
HCD Version 8/2020
CalHome Approved (date)
CDBG Approved (date)
HOME Approved (4/5/2022)

ATTACHMENT B
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
2 CITY OF ST. HELENA

HOUSING REHABILITATION

PROGRAM GUIDELINES

TABLE OF CONTENTS

1.0. GENERAL

1.1. PROGRAM OUTREACH AND MARKETING

1.2. APPLICATION PROCESS AND SELECTION

1.3. LOAN PROCESS

1.4. CONFLICT OF INTEREST REQUIREMENTS

2.0. APPLICANT QUALIFICATIONS

2.1. INCOME LIMITS

2.2. INCOME QUALIFICATION CRITERIA

2.3. HOMEOWNER ELIGIBILITY & RESIDENCY REQUIREMENTS

3.0. PROPERTY ELIGIBLITY

3.1. CONDITIONS

3.2. ANTI-DISPLACEMENT POLICY AND RELOCATION ASSISTANCE

3.3. NOTIFICATIONS AND DISCLOSURES

4.0. THE PROGRAM LOAN

4.1. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE

4.2. AFFORDABILITY PARAMETERS FOR HOMEOWNERS

4.3. RATES AND TERMS

4.4. GRANTS

4.5. APPRAISAL

4.6. INSURANCE

5.0. PROGRAM LOAN SERVICING AND MAINTENANCE

5.1. PAYMENTS ARE VOLUNTARY

5.2. RECEIVING LOAN REPAYMENTS

5.3. LOAN SERVICING POLICIES AND PROCEDURES

5.4. LOAN MONITORING PROCEDURES

5.5. DEFAULT AND FORECLOSURE

5.6. SUBORDINATIONS

6.0. CONSTRUCTION

6.1. STANDARDS

6.2. ELIGIBLE CONSTRUCTION COSTS

6.3. ELIGIBLE PROJECT COSTS

6.4. REPAIR CALLBACKS

7.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES

7.1. AMENDMENTS

7.2. EXCEPTIONS

8.0. DISPUTE RESOLUTION AND APPEALS PROCEDURES

8.1. PROGRAM COMPLAINT AND APPEAL PROCEDURE

8.2. GRIEVANCES BETWEEN PARTICIPANTS AND CONSTRUCTION

CONTRACTOR
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
3 CITY OF ST. HELENA

HOUSING REHABILITATION

PROGRAM GUIDELINES

ATTACHMENTS TABLE OF CONTENTS
ATTACHMENT A: 24 CFR PART 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS – FOR CDBG & HOME
ATTACHMENT A-1: TITLE 25 SECTION 6914 GROSS INCOME INCLUSIONS – FOR

CALHOME
ATTACHMENT B: ANNUAL INCOME NET FAMILY ASSET INCLUSIONS AND EXCLUSIONS – FOR CDBG & HOME
ATTACHMENT B-1: TITLE 25 SECTION 6914 GROSS INCOME EXCLUSIONS – FOR

CALHOME
ATTACHMENT C: MAXIMUM PURCHASE PRICE AFTER-REHAB VALUE LIMIT; HOME PER UNIT SUBSIDY LIMIT; CURRENT INCOME LIMITS;

BEDROOM & BATHROOM ADDITION STANDARDS
ATTACHMENT D: MARKETING PLAN
ATTACHMENT E: RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION

ASSISTANCE PLAN
ATTACHMENT F: LOAN SERVICING POLICIES AND PROCEDURES
ATTACHMENT G: FORECLOSURE POLICY
ATTACHMENT H: CERTIFICATION OF OCCUPANCY
ATTACHMENT I: LEAD-BASED PAINT NOTICE OF PRESUMPTION AND HAZARD

REDUCTION FORM
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
4 CITY OF ST. HELENA

HOUSING REHABILITATION

PROGRAM GUIDELINES
Adopted 04/26/2022

1.0. GENERAL
The above-named entity, hereinafter referred to as the “Sponsor”, has entered into a contractual relationship with the California Department of Housing and Community Development (“HCD”) to administer one or more HCD-funded housing rehabilitation programs. The rehabilitation program described herein and hereinafter referred to as the “Program” is designed to provide assistance to eligible homeowners for correction of health and safety items, as well as code violations, located within the Program’s eligible area, as described in Section 3.0. The Program provides this assistance in the form of deferred payment loans used to finance the cost of necessary repairs that will provide the homeowner with a healthy, safe, sanitary and code compliant home, referred to herein as “housing unit”. The Program will be administered by Housing Authority of the City of Napa, hereinafter referred to as the “Program Operator”.

1.1. PROGRAM OUTREACH AND MARKETING
All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program.

No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation, be excluded, denied benefits or subjected to discrimination under the Program. The Sponsor will ensure that all persons, including those qualified individuals with handicaps have access to the Program.

A. The Fair Housing Lender and Accessibility logos will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program’s eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. A Fair Housing Marketing Plan can be found as Attachment D.

Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program-eligible area and will be provided to any local social service agencies. The Program may sponsor homeownership education classes to help educate homeowners about credit, budgeting, predatory lending, foreclosure prevention and home maintenance, as well as future responsibilities.

B. Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion of an otherwise qualified individual, solely by reason of disability, from participation under any program receiving Federal funds. The Program Sponsor will take appropriate steps to Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
5 ensure effective communication with disabled housing applicants, residents and members of the public.

1.2. APPLICATION PROCESS AND SELECTION
A. Waiting List/Homeowner Contact
The Sponsor will utilize a waiting list. In response to a homeowner’s request, the homeowner is placed on the waiting list. Homeowners are offered the opportunity to qualify for assistance by waiting list priority (a first-come, first served basis).

The Program Operator will contact homeowners by mail and/or by telephone to advise of funding availability. The homeowner has 30 days to complete and return the loan application and supporting documentation. Should a homeowner fail to respond to the initial contact for assistance or to provide any of the required documentation within the 30-day period, the homeowner’s name will be removed from the waiting list. If the homeowner desires assistance at a later time, he/she will be placed on the waiting list at that time.

Should the waiting list be exhausted, the Program will be marketed in accordance with the Sponsor’s Marketing Plan. See Attachment D.

B. Application/Interview
An application packet is provided to the homeowner for completion and submittal to the Program Operator, along with supporting documentation. An interview is scheduled with the applicant. The Program is fully explained; application forms and documentation are reviewed. Verifications are obtained for income, assets, employment, benefits, and mortgage. Title report and appraisals are also obtained.

If the Program Operator encounters material discrepancies and/or misrepresentations, and/or there are income, asset, household composition, or other important questions that can't be resolved, the Sponsor reserves the right to deny assistance to the household. In this case, the applicant may re-apply after six months have elapsed from the time of written assistance denial.

C. Household Selection
Households selected for participation in the Sponsor’s Housing Rehabilitation Program are those determined eligible upon completion of processes described in A. and B. above.

D. Initial Inspection/Work Write-Up/Estimate
Prospective units are inspected by the Program Operator, a certified housing inspector, or a Sponsor representative to determine eligibility and acceptability of properties for participation in the Program.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
6 If the home is a pre-1978 unit, the initial inspection will also include paint testing by a certified Lead-Based Paint (LBP) inspector/assessor or presumption of LBP.

Code deficiencies will be corrected and if presumption is used or lead hazards are found they will be properly treated according to HUD regulations (Section 6.1.E & F) and cleared by a certified LBP inspector/assessor. Note: CalHome-funded projects do not require LBP compliance. CDBG projects shall refer to Chapter 20, Lead-Based Paint Requirements for guidance in the CDBG Grant Management Manual.

Measurements and observations are noted about the property, including special conditions with potential cost consequences (dilapidated outbuildings, absence of curb and gutter when required by code, etc.). A floor plan and site plan, as needed, are drawn for the home and property, including all appurtenances.

Findings are noted on an inspection form, and later used by the Program Operator to prepare the work write-up. Estimated costs are determined by the Program Operator who has years of experience in the building industry, and in reviewing contractor bids and verifying cost with materials suppliers. The homeowner reviews the completed work write-up and cost estimate, and the approved writeup is incorporated into bid documents.

E. Bid Solicitation
A bid walk-through date and time are scheduled. The homeowner may choose to solicit his/her own bids or request that the Program Operator solicit bids on his/her behalf. Invitations to bid are mailed to all eligible contractors on file in efforts to obtain three reasonable bids. Bid results will be provided to participating contractors.

Contractors must be licensed and bonded by the State of California Contractors Licensing Board. Contractors must also provide Program Operator with evidence of Workers’ Compensation Insurance and Comprehensive General Liability and Property Damage Insurance with Combined Single Limits of at least $1,000,000.

Cost reasonableness is determined by comparing the bids received with the cost estimate prepared by the Program Operator. Bids should be within 15% of the Program Operator’s cost estimate, otherwise an explanation must be provided to the file for any bid selected exceeding 15% of the estimate. The homeowner is encouraged to accept the lowest reasonable bid.

The Program Operator determines eligibility of the contractor by contacting the State Contractors License Board and checking the Federal List of Debarred Contractors. The contractor is also required to provide a self-certification stating that he/she is not on the Federal debarred list. Once determined eligible, the contractor is then notified of provisional award of bid (pending loan approval).

Notices of non-award are mailed to participating contractors.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
7 F. Loan Request/Approval
A report and loan request are prepared on behalf of the homeowner by the Program Operator. The loan request includes the cost of construction, a contingency fund, and other project costs (listed in Section 6.3.). Note: For HOME, the project costs listed in Section 6.3 are considered activity delivery costs to be paid by the Sponsor and may not be charged to the homeowner’s loan.

A Loan Review Committee meeting is scheduled to hear the loan request. Section

1.3 provides additional information on the loan approval process. Once approved, loan documents are executed and the loan is funded.

G. Pre-Construction Conference
A pre-construction conference is scheduled with homeowner, contractor, and Program Operator. The Program Operator reviews the Owner-Contractor Construction Contract, including the work write-up, start date, pay schedule, and date of completion, with the homeowner and contractor. The construction contract and Notice to Proceed are executed.

H. Start-Up/Field Inspections
The Program Operator monitors date of start-up and performs field inspections on a regular basis. The Program Operator will visit the job site regularly in order to check the scope of work, inspect materials, and to confirm the job is on schedule and within budget. The Program Operator works with the Sponsor’s Building Inspector to ensure the work meets building codes, while not exceeding funding limits.

The Program Operator reviews the work status with the homeowner and with the contractor in order to remedy any developing problems quickly and to ensure that both are satisfied with the construction process. At the completion of each phase, the Program Operator inspects the work and the homeowner authorizes contractor payments.

The Program Operator will refer back to original plans and specifications to verify the work was completed as contracted.

I. Change Orders
Written change orders are required when the homeowner requests any changes in the write-up, such as eliminating an item completely, eliminating one item and substituting another, or adding items. The change order will state the change and dollar value for the change. The change order must be signed by both the contractor and the homeowner, and submitted to the Program Operator for approval. If the change order exceeds the approved financing, the homeowner will be asked to provide additional funds or a report and request for additional funds may be presented to the City Manager for approval prior to Program Operator signing-off on the change order.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
8 J. Progress Payments
Ninety percent (90%) of the contract amount is distributed to the contractor in the form of progress payments during construction. The final ten-percent (10%) of the contract amount is set aside as a retention payment. The contractor requests a progress payment from the homeowner and notifies the Program Operator that he/she has done so. Upon favorable inspection by the homeowner, Program Operator, and Sponsor or Sponsor’s Building Inspector, the payment authorization is signed by the homeowner and submitted for payment.

K. Final Inspections/Notice of Completion/Final Payment When the project is completed, the Program Operator inspects the work item by item with the homeowner, the contractor, and/or the Sponsor. The Sponsor’s Building Inspector performs a final inspection. Any corrections or deficiencies are noted and corrected by the contractor. Upon favorable final inspections, a Notice of Completion is prepared, signed by the homeowner, and then recorded.

The final ten-percent (10%) retention payment is released 35 days after the recording of the Notice of Completion.

1.3. LOAN PROCESS
The Sponsor’s Loan Review Committee must approve all loans and grants. The Loan Review Committee may approve assistance with CDBG financing exceeding 100 percent of after-rehabilitation value as needed in cases where no other financial resources are available to cover the cost of the repairs and where clear and convincing documentation exists, justifying why the exception is needed.

However, if the project is CalHome funded, the total financing cannot be more than 105 percent of the after- rehabilitation value. For HOME-funded loans, the total financing cannot be more than 100 percent of the after-rehabilitation value, unless per HOME Management Memorandum 13-01 at http://www.hcd.ca.gov/grants-funding/activefunding/home.shtml#memos the entire HOME assistance amount is granted rather than loaned, due to a lack of any equity after rehabilitation, based on existing loans on the property and an after-rehabilitation value appraisal. In addition, the amount of HOME assistance, including Sponsor’s claimed Activity Delivery Costs, cannot exceed the Sponsor’s County maximum HOME Per Unit Subsidy Limit at http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml, and the after-rehabilitation value cannot exceed the HOME Maximum After-Rehabilitation Value. See Attachment C for current limits.

In order to obtain financing, applicants must meet all property and eligibility guidelines in effect at the time the application is considered. Homeowners will be provided written notification of approval or denial. Any reason for denial will be provided to the applicant in writing.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
9 1.4. CONFLICT OF INTEREST REQUIREMENTS
When the Sponsor’s program contains Federal funds, the applicable Conflict of Interest requirements of 24 CFR Section 570.611 shall be followed for CDBG assistance.

Section 92.356 of the HOME Final Rule shall be followed for HOME assistance, as follows:
(a) Conflicts prohibited. No persons described in paragraph (b) of this section who exercises or has exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to the HOME-assisted activity, or the proceeds from such activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including stepparent), child (including stepchild), brother, sister (including a stepbrother or stepsister), grandparent, grandchild and in-laws of a covered person. (b) Persons covered. The conflict of interest provisions of paragraph (a) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds.
(c) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction to HCD, HUD may grant an exception to the provisions of paragraph (a) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. See 24 CFR

92.356(d)(1-6) for details on the documentation needed in order to submit an exception request to HUD.

A contractor with a vested interest in the property cannot bid on a rehabilitation job.

Such a contractor may act as owner/builder, subject to standard construction procedures.

Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by the Program Operator to be part of the scope of work. Owner/builders are not reimbursed for labor.

2.0. APPLICANT QUALIFICATIONS

2.1. INCOME LIMITS
All homeowners must certify that they meet the household income eligibility requirements for the applicable HCD program(s) and have their household income documented. The income limits in place at the time of loan approval will apply when Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
10 determining applicant income eligibility. All applicants must have incomes at or below 80% of the County’s area median income (AMI), adjusted for household size, as published by HCD each year. See Attachment C.

The link to the official HCD-maintained income limits for HOME- and CDBG-funded activities is: http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federalincome-limits.shtml (for HOME and CDBG, choose “State CDBG, HOME and NHTF – Income, Value and Rent Limits”; for CalHome-funded activities choose “Official State Income Limits”).

Household: means one or more persons who will occupy a housing unit. Unborn children don’t count in family size determination.

Annual Income: Generally, the gross amount of income of all adult household members that is anticipated to be received during the coming 12-month period.

2.1.1 OWNER-OCCUPIED REQUIREMENTS

Owner-Occupant - to be eligible, household income must be equal to or less than the applicable HCD income limits. Owner will be required to provide income documentation. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. See Attachment A for HOME and CDBG. See Attachment A-1 for CalHome. Refer to Asset Inclusions and Exclusions for further guidance to the types of assets to be included or excluded when calculating gross annual income. See Attachment B.

Owner-occupants housing and/or debt ratios are not considered, nor is a credit report required, as the funding provided creates no additional monthly financial obligation. If an owner-occupant has a mortgage, it is verified that all payments are current and that no late payments have been received in the past twelve months.

2.2. INCOME QUALIFICATION CRITERIA
Projected annual gross income of the applicant household will be used to determine whether they are above or below the published HCD income limits. Income qualification criteria for HOME and CDBG, as shown in the most recent HCD program-specific guidance at http://www.hcd.ca.gov/grants-funding/income-limits/income-calculationand-determination-guide.shtml, will be followed to independently determine and certify the household’s annual gross income. Income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing and kept in the applicant file and held in strict confidence.

A. HOUSEHOLD INCOME DEFINITION:

Household income is the annual gross income of all adult household members that is projected to be received during the coming 12-month period, and will be used to determine program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
11 calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used. Two types of income that are not considered would be income of minors and of live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, rather than past earnings, when calculating income.

See Attachment A: HOME and CDBG 24 CFR Part 5 Annual Income Inclusions and Exclusions and Attachment A-1: CalHome Title 25 Section 6914 Annual Income inclusions and Exclusions (State)
B. ASSETS:

There is no asset limitation for participation in the Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture and automobiles are not included. (Note: it is the income earned – e.g. interest on a savings account – not the asset value, which is counted in annual income.)
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including: Penalties or fees for converting financial holdings and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset.

See Attachment B: Part 5 Annual Income Net Family Asset Inclusions and Exclusions

2.3. HOMEOWNER ELIGIBILITY AND RESIDENCY REQUIREMENTS
The Sponsor’s Housing Rehabilitation Program allows for owner-occupied properties to participate in the Program. Owner-occupied units must be the owner’s principal place of residence. A photocopy of a recent utility bill will verify proof of occupancy. No unit to be rehabilitated will receive financial assistance if it is currently occupied by an overincome household or does not meet the eligibility standards outlined in these guidelines.

2.3.1 OWNER-OCCUPIED
A. Continued residency is monitored annually per Attachment F for the term of the loan. Occupancy will be verified by the submission of the following:

1. Proof of occupancy in the form of a copy of a current utility bill; and

2. Statement of unit's continued use as primary residence of the owner.

B. In the event that a homeowner sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan becomes due and payable, unless the following conditions are met:

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
12 The homeowner who received the loan dies and the heir to the property meets income requirements and intends to occupy the home as his/her principal residence. Upon approval of the Sponsor, the heir may be permitted to assume the loan at the rate and terms the heir qualifies for under current participation guidelines. If the heir does not meet applicable eligibility requirements, the loan is due and payable. Note: Loans provided by CalHome are not assumable.

C. If a homeowner converts the property to a rental unit, or any commercial or nonresidential use, the loan is due and payable, unless the loan was funded with CDBG and tenant and homeowner meet eligibility requirements as described in Section 2.3.2. below.

If the loan is funded with a CalHome Loan it is not transferable except under the following limited circumstances:
(a) The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant;
(b) A transfer of the Property where the spouse becomes an owner of the property;
(c) A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property; or
(d) A transfer to an inter vivos trust in which the Borrower is and remains the beneficiary and occupant of the property.

3.0. PROPERTY ELIGIBILITY

3.1. CONDITIONS
A. No unit will be eligible if a household’s income exceeds the prescribed income limits listed in Attachment C.

B. Units to be rehabilitated must be located within the incorporated areas of the Sponsor’s jurisdiction.

C. Property must contain a legal residential structure intended for continued residential occupancy.

D. All repair work will meet Local Building Code standards. At a minimum, health and safety hazards must be eliminated. For CDBG the priority will be the elimination of health and safety hazards. Sponsor may also require elimination of code deficiencies. When HOME funds are used for housing rehabilitation, the property must meet all applicable current codes, rehabilitation standards, Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
13 ordinances, and zoning ordinances at the time of project completion. However, if certain components of the house are sound and were built to code prescribed at the time of installation, no repair or alteration will be made to those components.

Section 8 Housing Quality Standards may be required on rentals by Sponsor when CDBG funds are used.

3.2. ANTI-DISPLACEMENT POLICY AND RELOCATION ASSISTANCE Tenants will be informed of their eligibility for temporary relocation benefits if occupancy during rehabilitation constitutes a danger to health and safety of occupants or public danger or is otherwise undesirable because of the nature of the project. Relocated persons will receive increased housing costs, payment for moving and related expenses and appropriate advisory services, as detailed in the Sponsor's "Residential Antidisplacement and Relocation Assistance Plan" (Attachment E).

Owner-occupants are not eligible for temporary relocation benefits unless health and safety threats are determined to exist by the Program Operator. In cases where relocation is determined to be necessary by the Sponsor/Program Operator, assistance may be provided for actual costs incurred from the applicant’s loan proceeds or as a grant (see Section 4.4. for allowable grants). HOME-funded projects will provide relocation assistance in the form of a grant, which shall be included in the maximum assistance amount.

Note: Relocation benefits are not a requirement under CalHome, but are acceptable and may be covered by loan proceeds.

3.3. NOTIFICATION AND DISCLOSURES - Not required by CalHome A. Occupants of units constructed prior to 1978 will receive proper notification of Lead-Based Paint (LBP) hazards as follows:

The Lead Hazard Information Pamphlet published by the EPA/HUD/Consumer Product Safety Commission will be given to all owners regardless of the cost of rehabilitation or paint test findings. If lead-based paint is found through testing or if presumed, a Notice of Lead Hazard Evaluation or Presumption will also be supplied.

When Lead hazards are present, a Notice of Lead Hazard Reduction Activity and a Lead Hazard Evaluation Report will also be provided (Attachment I).

B. Tenants located in properties that will receive housing rehabilitation will be provided a notice outlining their relocation rights and benefits (Attachment E).

4.0. THE PROGRAM LOAN

4.1. MAXIMUM AMOUNT OF PROGRAM ASSISTANCE
The maximum loan amount available under the program is:
 $75,000 for a stick-built single-family home or manufactured home Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
14 On a case-by-case basis, the City Manager may authorize an increase above the maximum loan amount for a home if he/she determines that such funding is necessary to mitigate significant health and safety issues.

Maximum assistance shall not exceed the Sponsor’s County maximum HOME Subsidy Limits Per Unit at http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federalincome-limits.shtml.

See Attachment C for current limits. For CDBG-funded programs, the maximum assistance for rehabilitation/reconstruction will not exceed $190,430.

4.2. AFFORDABILITY PARAMETERS FOR HOMEOWNERS
A. Total indebtedness against property shall not exceed 100 percent of afterrehabilitation value as determined by “Estimates of value” or an appraisal, for CDBG or HOME projects. The exception for HOME loans is per HOME Management Memorandum 13-01 at http://www.hcd.ca.gov/grants-funding/activefunding/home.shtml#memos wherein the entire HOME assistance amount is granted rather than loaned, due to a lack of any after-rehabilitation equity based on existing loans on the property. An estimate of after-rehab value will be made prior to making a commitment of funds using the method outlined in Section 4.5. Note: This does not apply to CalHome projects.

B. HOME-funded units’ after-rehabilitation values shall not exceed the HOME Program Maximum Purchase Price/After-Rehabilitation Value Limits for Sponsor’s County as updated by HUD and published on the HCD Website at
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. See Attachment C for current limits.

C. Total indebtedness against property shall not exceed 105 percent of the afterrehabilitation value as determined by an appraisal for CalHome projects. An estimate of After-Rehab Value will be made prior to making a commitment of funds using the method outlined in Section 4.5. Note: This does not apply to HOME or CDBG projects.

D. Costs may be supplemented with personal financing, or with other loan or grant programs, which are sources of leverage for the Sponsor.

E. Any bid within 15% of the Program Operator’s estimate may be selected, otherwise an explanation must be provided to the file for a bid selected exceeding 10% of the estimate.

4.3. RATES AND TERMS

4.3.1. OWNER-OCCUPANTS
A. CDBG and HOME Loans: Homeowners are eligible for Deferred Payment Loans (DPL), at zero interest, evidenced by a Promissory Note and secured by a Deed of Trust, with no payback required for 30 years unless the borrower sells or transfers title or discontinues residence in the dwelling. Payments may be made voluntarily on a DPL.

CalHome Loans for a single-family, stick-built home: Homeowners are eligible for Deferred Payment Loans (DPL), at zero interest, evidenced by a Promissory Note and secured by a Deed of Trust, with no payback required for 30 years Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
15 unless the borrower sells or transfers title or discontinues residence in the dwelling.

CalHome Loans for manufactured and mobile homes: Homeowners of manufactured and mobile homes assisted with CalHome funds are eligible for forgivable, 20-year deferred loans at 0% interest as required by State CalHome policy. Ten percent (10%) of the principal of the loan shall be forgiven each year beginning on the eleventh (11th) anniversary of the date of the loan.

Payments may be made voluntarily on a DPL.

Note: If it is determined by the Sponsor that repayment of a CalHome or CDBG Program loan at the maturity date causes a hardship to the homeowner, the Sponsor may opt the following:

1. Amend the note and deed of trust to defer repayment of the amount due at maturity, that is balance of the original principal plus the accrued interest, for up to an additional 30 years (at 0% additional interest). This may be offered one time;

2. Convert the debt at loan maturity; that is the balance of the original principal plus any accrued interest, to an amortized loan, repayable in 15 years at 0% additional interest.

B. If the homeowner dies, and if the heir(s) to the property live(s) in the house and is/are income eligible, the heir(s) may be permitted, upon approval of the Sponsor, to assume the loan at the rate and terms the heir(s) qualifies for under current participation guidelines. Note: CalHome loans are not assumable.

C. If the homeowner dies and the heir(s) is/are not income eligible, the loan becomes all due and payable.

D. If a homeowner converts the rehabilitated property to any residential-rental, commercial or non-residential use, the loan becomes all due and payable, unless they meet requirements outlined in Section 2.3.2.

E. As specified in the Rehabilitation Loan Agreement, all applicants who participate in the Program must maintain the property at post-rehabilitation conditions for the term of the loan. Should the property not be maintained accordingly, the loan shall be considered in default and becomes all due and payable, and if necessary, foreclosure proceedings will be initiated. A method of inspection will be established by the Sponsor.

4.4. GRANTS
A. CDBG-funded programs may provide grants as follows:

A grant of up to $7,500 is available for any one of the following qualifying factors:

1. Senior Citizen - at least 62 years old; or
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
16 2. Handicapped – for only handicap modifications to a house with one or more physically handicapped occupants who would function more independently if such modifications were installed; or

3. Lowest Targeted Income Group – with gross annual income less than 50 percent of County median income; or

4. Equity maintenance – if financing rehabilitation entirely with a loan would cause indebtedness to exceed 100% of after-rehabilitation value.

B. HOME and CDBG provide grants for all actual costs of lead-based paint evaluation and reduction activities.

C. HOME and CDBG provide grants for relocation assistance. See Relocation Assistance Plan, Attachment E.

1. Owner-Occupant – Limit of $3,000.

2. Residential Tenant – Assistance will be provided at the level necessary to comply with the Uniform Relocation Act (URA) and Section 104(d) of the Housing and Community Development Act of 1974. Note: HOME funds cannot be used for tenant-occupied units.

D. Grants are not available in CalHome-funded programs.

4.5. APPRAISAL
A. The After-Rehab Value for rehabilitation projects is determined using the “Estimates of value” method. The Sponsor or Program Operator determines estimates of value based on the sale prices of at least three (3) comparable properties, sold within the last six months (within one year of the assistance date, which is the date the promissory note is signed), and located within one mile of the subject property. The participants’ file will include the estimate of value and document the basis for the value estimates.

The purpose of the “Estimates of value” is to determine that the After-Rehabilitation Value Limit of the housing unit will not exceed the permitted amount per HCD Program regulations (See Attachment C). If three comparable properties cannot be found, or if there is any question regarding the After-Rehab Value, the ARV will be determined by a licensed appraiser, as described in Section 4.5.B. below.

B. A licensed appraiser determines the After-Rehab Value for rehabilitation projects, when the “Estimates of value” method cannot be used. For rehabilitation projects the appraiser determines the value of the unit with the rehabilitation building plans and specifications included. For HOME only, the cost of the appraisal will be paid by the Sponsor, not by the homeowner. The purpose of the appraisal is to determine that the after-rehabilitation value of the housing unit will not exceed the permitted amount per HCD Program regulations (See Attachment C), and that the combined loans will not exceed the maximum combined loan-to-value limit, as described in Section 4.2.A above.

C. The After-Rehab Value for reconstruction projects is determined by a licensed appraiser. The After-Rehab Value for reconstruction projects is determined by an Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
17 appraisal completed off the building plans and specifications for the new home. For HOME only, the cost of the appraisal will be paid by the Sponsor, not by the homeowner. The purpose of the appraisal is to determine that the AfterRehabilitation Value Limit of the housing unit will not exceed the permitted amount per HCD Program regulations (See Attachment C).

4.6. INSURANCE

4.6.1. FIRE INSURANCE
The homeowner shall maintain fire insurance on the property for the duration of the Program loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Sponsor as Loss Payee for the amount of the Program loan(s). Evidence of this shall be provided to the Sponsor.

In the event the applicant fails to make the fire insurance premium payments in a timely fashion, the Sponsor at its option, may make such payments for a period not to exceed 60 days. The Sponsor may, in its discretion and upon the showing of special circumstances, make such premium payments for a longer period of time. Should the Sponsor make any payments, it may, in its sole discretion, add such payments to the principal amount that the applicant is obligated to repay the Sponsor under this Program. The premium may be paid by the Program loan for one year. Note: HOME and CDBG funds cannot be used to pay insurance cost beyond those identified as initial loan costs. Note: CalHome funds can not be used to pay insurance at any time.

4.6.2. FLOOD INSURANCE
For homes in a 100-year flood zone, the owner is required to maintain flood insurance in an amount adequate to secure the Program loan and all other encumbrances. This policy must designate the Sponsor as Loss Payee and a binder shall be provided to the Sponsor and maintained in the borrower’s file. The premium may be paid by the Program loan for one year. Note: HOME funds cannot be used to pay insurance cost beyond those identified as initial loan costs. Note: CalHome funds can not be used to pay insurance at any time.

4.7. LOAN SECURITY
A. Loan security for all owner-occupied rehabilitation stick-built homes will be secured by the real property and improvements, and will also include a Deed of Trust, Promissory Note and Loan Agreement in favor of the Sponsor.

B. A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 480.7 or an HCD 484 Statement of Lien and will also include a Promissory Note and Loan Agreement.

C. Entering a subordinate lien is acceptable. However, the Sponsor will not subordinate a first lien position once established.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
18 5.0. PROGRAM LOAN SERVICNG AND MAINTENANCE

5.1. PAYMENTS ARE VOLUNTARY
Borrowers may begin making voluntary payments at any time.

5.2. RECEIVING LOAN REPAYMENTS
A. Program loan payments will be made to:

City of St. Helena
1480 Main Street
St. Helena, CA 94574
B. The Sponsor will be the receiver of loan payments or recapture funds and will maintain a financial record-keeping system to record payments and file statements on payment status. Payments shall be deposited and accounted for in the Sponsor’s appropriate Program Income Account, as required by all three HCD programs. The Program Sponsor will accept loan payments from borrowers prepaying deferred loans, from borrowers making payments in full upon sale or transfer of the property, and homeowners of tenant-occupied units. All loan payments are payable to the Sponsor. The Sponsor may at its discretion, enter into an agreement with a third party to collect and distribute payments and/or complete all loan servicing aspects of the Program.

5.3. LOAN SERVICING POLICIES AND PROCEDURES
See Attachment F for local loan servicing policies and procedures. While the attached policy outlines a system that can accommodate a crisis that restricts borrower repayment ability, it should in no way be misunderstood: The loan must be repaid. All legal means to ensure the repayment of a delinquent loan as outlined in the Loan Servicing Policies and Procedures will be pursued.

5.4. LOAN MONITORING PROCEDURES
Homeowners will be required to submit each of the following to the Sponsor at the time of annual occupancy verification per Attachment F:
 Proof of occupancy in the form of a copy of a current utility bill;  Statement of unit's continued use as a residence;
 Declaration that other title holders do not reside on the premises;  Verification that Property Taxes are current; and
 Verification of current required insurance policies.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
19 5.5. DEFAULT AND FORECLOSURE
If an owner defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the Program Foreclosure Policy adopted by the Sponsor, and attached to these guidelines as Attachment G.

5.6. SUBORDINATIONS
The Sponsor may approve a request to subordinate a loan, in order for the owner to refinance the property, under the following conditions:

A. The lien position of the Sponsor loan will remain the same or be advanced.

B. The new primary loan is no greater than the balance of the loan being refinanced, except the costs of refinancing the loan may be added to the principal balance.

C. The purpose of the new primary loan is to reduce the interest rate being paid and/or reduce the owner's payment.

D. The refinanced loan must have an impound account for taxes and insurances.

E. The refinancing terms must be acceptable to the Sponsor.

F. CDBG allows refinancing with CDBG funds in conjunction with only rehabilitation of the unit.

6.0. CONSTRUCTION

6.1. STANDARDS
A. All repair work will meet Local Building Code standards. At a minimum, health and safety hazards must be eliminated. For CDBG the priority will be the elimination of health and safety hazards. Sponsor may also require elimination of code deficiencies. When HOME funds are used for housing rehabilitation, the property must meet all applicable current codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. However, if certain components of the house are sound and were built to code prescribed at the time of installation, no repair or alteration will be made to those components.

Section 8 Housing Quality Standards may be required on rentals by Sponsor when CDBG funds are used.

B. Contracting Process

1. Contracting will be done on a competitive basis.

2. The homeowner will be the responsible agent, but the Sponsor and/or its Program Operator will prepare the work write-up, prepare and advertise the bid package, and assist the owner in negotiating the construction contract.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
20 3. The Sponsor does not warrant any construction work or provide insurance coverage.

C. Approved Contractors

1. Contractors are required to be licensed with the State of California and be active and in good standing with the Contractors’ License Board.

2. Contractors will be checked against HUD’s list of federally debarred contractors. No award will be granted to a contractor on this list.

3. Contractors must have public liability and property damage insurance, and worker’s compensation, unemployment and disability insurance, to the extent required by State law.

4. Contractor must agree to comply with all federal and state regulations.

D. Occupants of units constructed prior to 1978 will receive proper notification of Lead-Based Paint (LBP) hazards as identified in Section 3.3.A. Note: Units funded solely with CalHome funds are not required to comply with LBP regulations.

E. Units constructed prior to 1978 will also be inspected according to the following HUD regulations. Note: Units funded solely with CalHome funds are not required to comply with LBP regulations. For CDBG funded programs please refer to Chapter 20, Lead-Based Paint Requirements for guidance in the CDBG Grant Management Manual.

1. If the total amount of Federal assistance or the total amount of rehabilitation hard cost is up to and including $5,000, the following is required:
(a) Paint testing or presume LBP;
(b) Clearance of disturbed work areas; and
(c) Notifications listed in Section 3.3.A.

2. If the amount of Federal assistance or the total amount of rehabilitation hard cost is more than $5,000 up to and including $25,000, the following is required:
(a) Paint testing or presume LBP;
(b) Risk assessment; and
(c) Clearance of unit.

If LBP hazards are identified, interim controls will be implemented. This level will also require a notice of “Abatement of Lead Hazards Notification” at least five days prior to starting work.

3. If the amount of Federal assistance or the total amount of rehabilitation hard cost is more that $25,000, the following is required:
(a) Items (a), (b), and (c) of 2. above;
(b) Abatement of all LBP hazards identified or produced; (c) Use of interim controls on exterior surfaces not disrupted by rehab; and all notices listed above in Sections 3.3.A. and 6.1.F.2.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
21 4. All paint tests that result in a negative finding of lead-based paint are exempt from any and all additional requirements. If defective paint surfaces are found, they will be properly treated or abated. A State-certified Inspector/Assessor will perform all paint testing, risk assessments, and clearances. A trained supervisor may oversee interim controls; however, a certified supervisor and workers will perform all abatement.

6.2. ELIGIBLE CONSTRUCTION COSTS
“Rehabilitation” means, in addition to the definition in Section 50096 of the Health and Safety Code, repairs and improvements to a manufactured home necessary to correct any condition causing the home to be substandard pursuant to Section 1704 of Title 25, California Code of Regulations. Rehabilitation also includes room additions to alleviate overcrowding. Rehabilitation also means repairs and improvements where necessary to meet any locally-adopted standards used in local rehabilitation programs. Rehabilitation does not include replacement of personal property.

Rehabilitation includes reconstruction. Federal law and policy allows the use of HOME funds to demolish and reconstruct owner-occupied residential structures. Reconstruction is defined as the demolition and construction of a structure. The Sponsor and/or Program Operator must document that the reconstruction costs are less than the cost to rehabilitate the existing substandard housing. This will be done using the State’s CDBG Test for Reconstruction, for projects funded with CDBG funds; or, using the State’s HOME Test for Reconstruction, for projects funded with HOME funds.

Additionally, the Sponsor must determine that the project’s value after reconstruction (housing and land combined) is less that the Maximum After-Rehabilitation Value for the Sponsor (see Attachment C, One-Family).

The residential structure to be reconstructed must be a structure with cooking, eating, sleeping, and sanitation facilities which has been legally occupied as a residence within the preceding 12 months. Fifth wheels or recreational vehicles, for example, are not considered dwellings and therefore are not eligible under this Program.

Like for like requires that the structure being demolished must be replaced with a like structure (replace manufactured housing with manufactured housing, for example).

However, additions may be approved by the HCD Program when required by Codes/Ordinances or to alleviate overcrowding. (See Attachment C) Temporary relocation benefits must be planned for and budgeted into the total allowable subsidy for the project, but if required would be in the form of a grant.

Depending on the outcome of the Statutory Worksheet (Environmental test), a reconstructed project may require Authority from the State before funds are committed to the project.

Allowable rehabilitation\reconstruction costs include:

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
22 A. Cost of building permits and other related government fees.

B. Cost of architectural, engineering, and other consultant services which are directly related to the rehabilitation of the property.

C. Rehabilitation or Replacement of a manufactured home not on a permanent foundation. Rehabilitation of a manufactured home may include the replacement of the unit with a used manufactured home and the cost to repair it, as long as the unit has been occupied and not used as a demonstration model. Should the unit meet the criteria for reconstruction a new manufactured home can be used for replacement and all cost associated with the purchase and transportation can be added to the loan.

D. Owner-occupied rehabilitation activity delivery fees, pursuant to Section 7733(f), as reimbursement to the Sponsor for the actual costs of services rendered to the homeowner that are incidentally but directly related to the rehabilitation work (e.g. planning, engineering, construction management, including inspections and work write-ups).

E. Rehabilitation will address the following issues in the order listed. Eligible costs are included for each item.

1. Health and Safety Issues
Eligible costs include, but are not limited to, energy-related improvements, lead-based paint hazard evaluation and reduction activities, improvements for handicapped accessibility, and repair or replacement of major housing systems.

Per the federal HOME Regulations at 24 CFR Part 92.251(b), Major Systems are:
structural support
roofing
cladding and weatherproofing (e.g., windows, doors, siding, gutters) plumbing
electrical
heating, ventilation, and air conditioning.

Upon project completion, each of the major systems must have a remaining useful life for a minimum of five (5) years, so these systems must be rehabilitated or replaced as part of the rehabilitation work in order to achieve this requirement.

A driveway may be considered part of rehabilitation if it is determined to be a health and safety issue.

2. Code and Regulation Compliance
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
23 Eligible costs include, but are not limited to, additional work required to rehabilitate and modernize a home to bring it into compliance with current building codes and regulations. Painting and weatherization are included.

3. Demolition
Eligible costs include, but are not limited to, the tear down and disposal of dilapidated structures when they are a part of the reconstruction of an affordable housing unit. If a garage or carport is detached, it may not be rehabilitated but may be demolished, if it is determined to be a health and safety issue.

4. Upgrades
Eligible costs include additional bedrooms and bathrooms if the need can be demonstrated per HUD’s or Sponsor’s overcrowding guidelines listed in Attachment C. The Program will not fund additions to a home for a den or family room, or for any luxury items.

The CalHome Program’s requirement is that a bedroom or bathroom can be added to omit overcrowding, and this is up to the Recipient to decide what is overcrowding.

5. General Property Improvements
Eligible costs include, but are not limited to: addition or replacement of an oven, stove, dishwasher, or fixture; replacing floor coverings; painting; and repair or installation of fencing.

All improvements must be physically attached to the property and permanent in nature. Non-code general property improvements (including fencing, landscaping, driveway, etc.) will be limited to 15 percent of the rehabilitation loan amount. Any cash contribution by the property owner will be considered a general property improvement and be included in this percentage. Luxury items are not permitted. Items such as stoves and dishwashers that are not built-in may be replaced due only to incipient failure or documented medical condition of the homeowner and must be of moderate quality.

6. Rehabilitation Standards
All repair work related to health and safety conditions will meet Local Building Code standards. The priority will be the elimination of all health and safety hazards and code compliance, which is required for HOME-funded projects.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
24 6.3. ELIGIBLE PROJECT COSTS
Examples of eligible project costs for all administrative expenses related to the paperwork for processing and insuring a loan application are listed below. For HOME, these costs are considered activity delivery costs and may not be charged to the homeowner’s loan.
 Appraisal
 Property Report/Title Insurance
 Building Plan
 Termite Report
 Land Survey
 Grading Plan
 Recording Fees
 Fire/Course of Construction Insurance
 Flood Insurance, as applicable (not allowed with CalHome or HOME funds)
Costs are based on charges currently incurred by the Sponsor, or its Program Operator, for these products and/or services. Except for HOME loans, any cost increases charged to the Sponsor/Program Operator for these products and/or services will be passed on to the homeowner and included in the loan. All fees are subject to change and are driven by the market.

6.4. REPAIR CALLBACKS
Contractors will comply with State law regarding all labor and material warranties. All labor and material shall meet FHA minimum specifications.

7.0. EXCEPTIONS AND SPECIAL CIRCUMSTANCES

7.1. AMENDMENTS
The Sponsor may make amendments to these Participant Guidelines. Any changes made shall be in accordance with federal and state regulations, shall be approved by the Sponsor’s Loan Committee and/or local governing body and submitted to HCD for approval.

7.2. EXCEPTIONS
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an applicant treated differently from others of the same class would be an exception.

7.2.1 PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
25 A. The Sponsor or its Program Operator may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including the Sponsor’s/Program Operator’s recommended course of action and any written or verbal information supplied by the applicant.

B. The Sponsor shall make a determination of the exception based on the recommendation of the Program Operator. The request can be presented to the Sponsor’s loan committee and/or governing body for decision.

8.0. DISPUTE RESOLUTION AND APPEALS PROCEDURES

8.1. PROGRAM COMPLAINT AND APPEAL PROCEDURE
Complaints concerning the Sponsor’s Rehabilitation Program should be made to the Program Operator first. If unresolved in this manner, the complaint or appeal shall be made in writing and filed with the Sponsor. The Sponsor will then schedule a meeting with the Sponsor’s Loan Review Committee. Their written response will be made within thirty (30) working days. If the applicant is not satisfied with the committee's decision, a request for an appeal may be filed with the local governing body. Final appeal may be filed in writing with HCD within one year after denial or the filing of the Project Notice of Completion.

8.2. GRIEVANCES BETWEEN PARTICIPANTS AND CONSTRUCTION

CONTRACTOR
Contracts signed by the contractor and the participant include the following clause, which provides a procedure for resolution of grievances:

Any controversy arising out of or relating to this Contract, or the breach thereof, shall be submitted to binding arbitration in accordance with the provisions of the California Arbitration Law, Code of Civil Procedure 1280 et seq., and the Rules of the American Arbitration Association. The arbitrator shall have the final authority to order work performed, to order the payment from one party to another, and to order who shall bear the costs of arbitration. Costs to initiate arbitration shall be paid by the party seeking arbitration. Notwithstanding, the party prevailing in any arbitration proceeding shall be entitled to recover from the other all attorney's fees and costs of arbitration.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
26 ATTACHMENT A
24 CFR Part 5 ANNUAL INCOME INCLUSIONS AND EXCLUSIONS
24 CFR Part 5 Annual Income Inclusions
§5.609 Annual income.
(a) Annual income means all amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
(b) Annual income includes, but is not limited to:
(1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
(3) Interest, dividends, and other net income of any kind from real or personal property.

Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD;
(4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); (6) Welfare assistance payments.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
27 (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments:
(A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
(B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling;
(8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section).
(9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition and any other required fees and charges, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income.
24 CFR Part 5 Annual Income Exclusions
(c) Annual income does not include the following:
(1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (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 (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member;
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
28 (5) Income of a live-in aide, as defined in §5.403;
(6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire;
(8) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
(iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time;
(v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program;
(9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse);
(12) Adoption assistance payments in excess of $480 per adopted child; (13) [Reserved]
(14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
(15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit;
Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
29 (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or
(17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. [See https://www.federalregister.gov/documents/2014/05/20/2014- 11688/federally-mandated-exclusions-from-income-updated-listing for most recent notice] (d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period.

Agenda Item #9.8.

St. Helena Housing Rehabilitation Program Guidelines
30 ATTACHMENT A-1
Title 25 Section 6914 Gross Income Inclusions – For CalHome activities “Gross income” shall mean the anticipated income of a person or family for the twelve-month period following the date of determination of income.
“Income” shall consist of the following:
(a) Except as provided in subdivision (b), “Exclusions”, all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
(3) Interest and dividends;
(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay;
(6) Public Assistance. If the public assistance payment includes any amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts from persons not residing in the dwelling; All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse.

Agenda Item #9.8.