St. Helena City Council
September 27, 2022

City of St. Helena
Regular City Council Meeting
Tuesday, September 27, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena

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.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website. 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.

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/.

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/ .

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. 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.

6. 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.

7. 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)

7.1. Consideration and proposed approval of Regular Meeting Minutes of September 13, 2022.

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

Approve
09-13-2022 Regular City Council - Minutes
7 - 12

7.2. Consideration of Approval of a Resolution Authorizing Temporary Closure of Hunt Avenue from November 21, 2022 until January 3, 2023 for the Wine Barrel Tree Display
CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:

Approve a resolution authorizing temporary closure of Hunt Avenue, between Main Street and Railroad Avenue, from November 21, 2022 - January 3, 2023.

Staff Report - Pdf
Public Comment.Fran and Larry Heit
13 - 19

7.3. Quarterly Grant Report for FY 2022 Q4 for the period ending June 30, 2022.

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

Receive and file report.

Staff Report - Pdf
21 - 28

7.4. Consideration and Approval of a Resolution for an Employment Agreement with Joseph Leach to serve as the Director of Public Works.

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

Staff recommends the City Council adopt the attached resolution.

Staff Report - Pdf
29 - 40

7.5. Consideration and adoption of a Resolution: (1) Awarding the R22-79 Pavement Restoration Improvements Project to Argonaut Constructors in the amount of $1,157,192.50; (2) Authorizing the City Manager to execute the Construction Contract with Argonaut Constructors; (3) Authorizing the Director of Public Works to approve Change Orders not to exceed 10% of the contract amount; and (4) Determining the project to be exempt from the requirements of the California Environmental Quality Act (CEQA).

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Adopt the attached resolution.

Staff Report - Pdf
41 - 57

7.6. August 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and file.

Staff Report - Pdf
59 - 64

7.7. Consideration of approval of a resolution establishing a 401(a) Governmental Money Purchase Plan and authorizing the City Manager to execute all necessary agreements and plan documents.

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

Approval of a resolution establishing a 401(a) Governmental Money Purchase Plan and authorizing the City Manager to execute all necessary agreements and plan documents.

Staff Report - Pdf
65 - 71

7.8. Consideration and proposed approval of a resolution amending the City of St. Helena Conflict of Interest Code pursuant to the Political Reform Act of 1974
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

It is recommended that the City Council adopt a Resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

Staff Report - Pdf
73 - 100

7.9. Consideration of Resolution rescinding Resolution 2021-32 and extending a portion of Hunt Avenue to the City's List of Red Zones (parking prohibitions)
101 - 127

CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:

Approve the attached resolution.

Staff Report - Pdf

8. PUBLIC HEARINGS

8.1. Introduction and First Reading of an Ordinance of the City Council of the City of St. Helena Amending Section 8.24.010 Of Chapter 24 To Title 8 of The St. Helena Municipal Code Regarding Leaf Blowers 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: Preya Nixon, Asst. to the City Manager
Recommendation:

Introduce by title only and waive further reading of an Ordinance of the City Council of the City of St. Helena Amending Section 8.24.010 Of Chapter 24 To Title 8 of The St. Helena Municipal Code Regarding Leaf Blowers
Staff Report - Pdf
Public Comment.Chris Warner
Public Comment.Pam Smithers
Public Comment.Jack Oliver
Public Comment.Loraine Stuart
Public Comment.Leslie Stanton
129 - 159

8.2. Consideration and Proposed Introduction of an Ordinance adopting St.

Helena Police Department Policy 707 "Military Equipment" as required by AB 481 for the Funding, Acquisition, and Use of Military Equipment CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:

Recommend that the City Council Introduce by Title Only and Waive First Reading of the Ordinance Adopting Police Department Policy No. 709 (Military Equipment Policy) In Accordance With AB 481.

Staff Report - Pdf
161 - 186

9. OLD BUSINESS

9.1. Consideration and Proposed approval of a Resolution: (1) approving of a two-year lease agreement for four Automatic License Plate Readers (ALPR's) from Flock Safety for a total of $26,800 and (2) authorizing a budget increase of $26,800 to COPS grant fund account number 244- 4900-2215 for the lease payments.

CEQA Determination: Exempt
Prepared By: Justin Tharp, Lieutenant
Recommendation:

Staff recommends approval of the attached resolution.
187 - 229

Staff Report - Pdf
Public Comment.Bobbi Monnette
Public Comment.Seth Tenscher

10. ADJOURNMENT
The next Regular City Council meeting is scheduled for October 11, 2022, at 6:00 p.m.

This agenda was posted at City Hall, 1572 Railroad Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on September 23, 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.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, September 13, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
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: No

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

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

The motion was seconded by Vice Mayor Paul Dohring 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

5. PUBLIC FORUM:

No public comment was received

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

Reports were made by staff and the City Council.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS
Agenda Item #7.1.

Regular City Council
September 13, 2022

7.1 Oaths of office for:
 Allan Lacson, Plant Operator I
 Darren Gardette, Plant Operator II
 Ashley Sylvester, Recreation Supervisor
Darren Gardette and Allan Lacson weren't present.

8. YOUTH REPRESENTATIVE BRIEFING

8.1 Presentation from Youth Representatives on High School and Middle School Survey Results
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:

Receive presentation from Youth Representatives.

Youth representatives Clayton Burton, Brandon Diaz and Talia Ricci presented the survey results from two (2) surveys that was developed by Vice Mayor Dohring and Council Member Chouteau. The survey results were from the High School and Middle School students in the St. Helena Unified School District.

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 Regular Meeting Minutes of August 9, 2022

9.2 Consideration and Proposed Approval of a Resolution (1) Approving the Memorandum of Understanding Between the City of St. Helena and the St.

Helena Employees Association (SHEA) for a Three-year Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Employees Association Member Classifications.

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

Staff recommends approval of the attached resolution.

9.3 Consideration and recommended approval of a resolution approving:

1. Professional Services Agreement with Dudek to provide services associated with Phase I - St. Helena Defensible Space and Fuels Management Project for a total not to exceed $122,649; and Agenda Item #7.1.

Regular City Council
September 13, 2022

2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.

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

Approve of a resolution authorizing:

1. Professional Services Agreement with Dudek to provide services associated with Phase I - St. Helena Defensible Space and Fuels Management Project for a total not to exceed $122,649; and

2. Approving a budget increase to 101-40-00-21-45 in the amount of $40,750 for the required City contribution of 25%.

9.4 Second reading of an Ordinance adding Section 3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04 Purchase of Supplies, Equipment and Services and Procedures for Public Works Projects.

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

Conduct the second reading and adopt the Ordinance adding Section 3.04.055 Standards of Conduct Pertaining to Procurement to St. Helena Municipal Code Chapter 3.04, by title only and waive further reading.

9.5 Consideration and Proposed Approval of A) a Resolution Authorizing Staffing Recommendations as Follows:

1. Add Administrative Analyst Classification and establish a salary range of $82,012 - $99,686; and

2. Increase the salary range for the Director of Public Works to $162,072 - $197,000; and

3. Reclassify the Planning & Building Director to Director of Community Development and establish a salary range of $162,072 - $197,000; and

4. Add Human Resources Analyst Classification and establish a salary range of $80,646 - $98,026; and

5. Freeze the Human Resources Manager for the remainder of FY2023; and

6. Unfreeze the Parks & Trees Superintendent for the remainder of FY2023; and

7. Increase the salary range for the Senior Civil Engineer to $127,499 - $154,976; and
B) Approval of an Amendment to a Memorandum of Understanding Between the St. Helena Employees Association (SHEA) and the City and approval of Amendment #12 to the Unrepresented Compensation Program; and C) Approval of a Resolution Duly Adopting and Approving a Publicly Available Pay Schedule for St. Helena Employees Association (SHEA), Publicly Available Pay Schedule for Mid-Management, and Publicly Available Pay Agenda Item #7.1.

Regular City Council
September 13, 2022
Schedule for Executive Management - Departments Heads which Includes a Revised Salary Schedule for the Director of Public Works Classification, Reclassification of the Planning & Building Director to a Director of Community Development, and a Revised Salary Schedule for the Reclassified Director of Community Development effective September 13, 2022.

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

Approve the attached resolution.

9.6 Consideration and proposed adoption of a Resolution authorizing the City Manager to execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

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

Staff recommends City Council adopt the attached Resolution and authorize the City Manager to execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

Council Member Lester Hardy moved to approve Consent items as presented.

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

10. OLD BUSINESS

10.1 Water and Wastewater Rate Study Update regarding:

1. Pricing Objectives Exercise - Review and Discuss Exercise Results; and

2. Reserves Policies - Review and Discuss Existing Policy and Alternative Policies; and

3. Capital Improvement Program (CIP) - Presentation of Long-Term Capital Program for Water and Wastewater.

CEQA Determination: Not a CEQA project
Agenda Item #7.1.

Regular City Council
September 13, 2022
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Discuss and provide feedback.

Administrative Services Director Mandy Kellogg reported on this item.

Raftelis representative Kevin Kostiuk provided a presentation.

No public comment was received.

10.2 Downtown Pedestrian Crossing Improvements Discussion and Direction CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

In light of the safety upgrades performed by Caltrans, and the planned redesign included in the Downtown Sidewalk Improvement Project, staff would recommend implementation of Option 1. This would provide robust, permanent safety enhancements and will not conflict with the continued design efforts which will address the overall pedestrian safety concerns throughout the intersection.

Public Works Director Mark Rincon reported on this item.

No public comment was received.

Council Member Anna Chouteau moved to approve Option 3 - Relocate the crossing to the north side of Spring Street. Install 3 foot bulb-out ADA ramps; install solar powered RRFBs on new poles on both sides. 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, and Council Member Lester Hardy
NOES: Council Member Eric Hall
ABSENT: None
ABSTAIN: None
RECUSE: None

11. CLOSED SESSION:

11.1 PUBLIC COMMENT PERTAINING TO CLOSED SESSION
No public comment was received.

11.2 Conference with Legal Counsel – Anticipated Litigation Agenda Item #7.1.

Regular City Council
September 13, 2022
Significant exposure to litigation pursuant to Gov’t Code Section 54956.9(b) (one case)

12. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:53 p.m.

APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration of Approval of a Resolution Authorizing Temporary Closure of Hunt Avenue from November 21, 2022 until January 3, 2023 for the Wine Barrel Tree Display
CEQA
Determination:

Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
In recent years, the St. Helena Chamber of Commerce (Chamber) has worked in partnership with City staff to enhance community holiday festivities for the period of time between the Thanksgiving and the New Year’s Day holidays. In 2021, the Chamber pivoted away from the Jingle All the Way festivities in Lyman Park and introduced a lighted Holiday Wine Barrel Tree installation on Hunt Ave. The installation consists of 145 professionally installed wine barrels stacked with a custom steel structure, baseplate and plywood decks to 32 feet tall with a snowflake star topper.

After a successful installation in 2021, the Chamber, in partnership with the City, is proposing a similar display for the holiday season in 2022.

DISCUSSION
In order to accommodate the wine barrel tree installation, safely allow pedestrians to gather in the surrounding area, and provide space for holiday festivities and entertainment, Hunt Avenue (between Main Street and Railroad Avenue) would be closed to vehicle traffic throughout the duration of the wine barrel tree being on display. City staff will once again assist with installation of safety barriers, public notifications of parking limitations, installation of temporary parking spaces along the eastern closure of Hunt Agenda Item #7.2.

Avenue near Railroad Avenue, and cleaning patrols throughout the duration of the closure. The proposed road closure would be in place from November 21, 2022 – January 3, 2023.

The Chamber and City staff are working in partnership on enhanced lighting, additional community programming, and scheduled entertainment to create a festive atmosphere in the area throughout the duration of the holiday season. If the proposed road closure is approved by Council, the Chamber of Commerce will obtain a Temporary Use and Encroachment Permit for the installation. The Chamber and City staff will notify all businesses in the immediate vicinity of the proposed closure prior to September 27 City Council meeting.

FISCAL IMPACT
The City will incur minor costs associated with installation of traffic safety measures and project facilitation. All staffing and associated installation costs will be funded from approved FY 22-23 departmental budgets.

RECOMMENDED ACTION
Approve a resolution authorizing temporary closure of Hunt Avenue, between Main Street and Railroad Avenue, from November 21, 2022 - January 3, 2023.

ATTACHMENTS
Hunt Avenue Holiday Road Closure Resolution
Holiday Wine Barrel Tree Installation Images
Chamber of Commerce Letter of Support
Agenda Item #7.2.

CITY OF ST. HELENA
RESOLUTION NO. 2022 -

RESOLUTION APPROVING A TEMPORARY STREET

CLOSURE OF HUNT AVENUE, BETWEEN MAIN STREET
AND RAILROAD AVENUE, FROM NOVEMBER 21, 2022 –
JANUARY 3, 2023 TO SUPPORT THE HOLIDAY WINE

BARREL TREE INSTALLATION
WHEREAS, the St. Helena Chamber of Commerce (Chamber) is working to support the economic vitality of St. Helena businesses and create a festive holiday atmosphere for community members and visitors alike; and
WHEREAS, the Chamber successfully installed a lighted Holiday Wine Barrel Tree art installation on Hunt Avenue in 2021; and
WHEREAS; the Chamber, in partnership with City staff, is proposing the return of the Holiday Wine Barrel Tree installation with accompanying décor and entertainment for the 2022 holiday season; and
WHEREAS, the City’s Temporary Use Permit allows for installation of pop-up art displays, which have demonstrated to be both an economic driver and community gathering opportunity; and
WHEREAS, a temporary street closure of Hunt Avenue from Main Street to Railroad Avenue is being requested to support the Holiday Wine Barrel installation and provide a safe environment for the community to gather.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of St.

Helena hereby approves the temporary street closure of Hunt Avenue, between Main Street to Railroad Avenue, from November 21, 2022 - January 3, 2023.

Approved at a Regular Meeting of the St. Helena City Council on September 27, 2022, by the following vote:

Mayor Ellsworth: ___
Vice Mayor Dohring: ___
Councilmember Chouteau: ___
Councilmember Hall: ___
Councilmember Hardy: ___
Agenda Item #7.2.

APPROVED: ATTEST:

Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.2.

2021 Holiday Wine Barrel Tree Installation
Agenda Item #7.2.

1320A Main Street
St. Helena, CA 94574
(707) 963-4456
StHelena.com | @StHelenaCA
September 19, 2022
Dear Mayor, Vice Mayor, and City Councilmembers,
The St. Helena Chamber of Commerce would like to request and support the road closure of Hunt Avenue between Main Street and Railroad Avenue, for the portion of Monday, November 21, 2022 through end of day, Tuesday, January 3rd, 2023. The purpose of the closure is for the installation of a temporary art display that encourages visitation to St. Helena during the holidays, brings both locals and visitors to the center of town, and promotes a sense of community and joy during the holiday season. This is truly Napa Valley’s largest lit holiday tree for the entire valley, making St.

Helena shine bright during the holiday season.

In partnership with the City of St. Helena, the Chamber is excited to bring the holiday wine barrel tree back to the center of St. Helena for the 2023 season, which we are requesting to be located as the art display at the Hunt Avenue road closure. The foundations of the tree will be the same as 2022, reaching nearly 32 ft in height and 18 ft wide. The tree is constructed using a custom steel center structure, steel baseplate, and plywood decks. All 145 barrels used are secured to the frame and is earthquake proof and safe. This year’s tree will feature brighter LED lights, thicker and brighter garland, and a decorated, more welcoming K-Rail reading “St. Helena” in two-foot-tall letters. In addition, measures are in place to reduce the chances of water impacting the tree lighting.

JCD Atmospheric Studios will install the barrel tree on November 21, 2022. The Chamber and St.

Helena Parks and Recreation will host a community “Tree Lighting Ceremony” on Tuesday, November 23, 2022 to celebrate the art display, bring the community together, and kick off the holiday season in St. Helena. JCD Atmospheric Studios will remove the tree on Tuesday, January 3, 2023 when City staff have returned from holiday. (City offices closed on January 2, 2022).

Being the Chamber and the City have experience with this installation, we anticipate a smooth experience for all. The closure will include the following participation from the city: working with Public Works on a traffic control plan for the street closure, setting up of K-Rail barriers for pedestrian safety, marking of temporary parking spaces at east end of Hunt Avenue, pick up of daily trash included in the Main Street trash route, frequent area patrol from St. Helena Police Department, and partnership with Parks & Recreation for enhanced programming for residents at the art display.

Sincerely,
Amy Carabba-Salazar
CEO & President
Agenda Item #7.2.

1 Cindy Tzafopoulos
From: Fran Heit <[email protected]>
Sent: Tuesday, September 27, 2022 2:21 PM
To: Public Comment
Cc: Geoff Ellsworth; Paul Dohring; Anna Chouteau; Lester Hardy; Eric Hall Subject: [External] Hunt Ave Christmas barrel installation This will be our 33rd  holiday on Main street.

We would like to commend the Chamber for the most beautiful holiday lights we have ever had.

That being said, the closure of Hunt street raises some questions that must be addressed. 1‐ What will the actual barricade look like? Last year it looked like there was a problem rather than a festive event. 2‐The net loss of 20 parking spaces during the holiday season or any time for a period of 6 weeks seems counter to helping the downtown .   This includes the ADA parking space, 3‐Signage needs to be more clear if there is going to be a detour. Will large commercial trucks again be sent down a narrow residential street?
4‐ Why is Lyman park not being considered for this event? No parking would be lost. There are bathrooms and it is a dedicated public space.

The ice skating rink was there. So it seems the barrels would fit there perfectly.

Respectively submitted.

Fran and Larry Heit
Reeds
1302 Main Street
Agenda Item #7.2.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Quarterly Grant Report for FY 2022 Q4 for the period ending June 30, 2022.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
This report covers grant activity for the 4th Quarter of Fiscal Year (FY) 2022.

DISCUSSION
New Awarded Grant Applications in FY 2022 4th Quarter
The City of St. Helena received one new grant award during 4th Quarter of Fiscal Year 2022.

Agency Project Award
CDBG - Public
Services
(Conditionally
Awarded)
Community
Wellness and
Mental Health
Program
$498,281
CalOES - HMGP:

Defensible
Space/Fuel
Management
Phase I - Defensible
Space and
Hazardous Fuels
Reduction*
$122,250*
*Once the City completes the tasks outlined in Phase I, the deliverables will be submitted to FEMA for review and approval. If approved, the City will be authorized to move forward with Phase II will create defensible space around the locations identified as high fire risk Agenda Item #7.3.

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. Phase II is estimated to cost $2,325,906, with $1,744,430 requested in grant funding and $581,476 as a required City match.

Applications Pending
The City currently has 4 applications pending.

Agency Project Amount
CDBG - Hunt's Grove
Parking Lot
Expansion and
improvements for Hunt's
Grove parking lot.
$200,000
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
*The City received notification after June 30, 2022 that the Business Assistance Program grant and the Emergency Backup Power for the City Corporation Yard and Crinella Pump Station grant were awarded.

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: 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 Agenda Item #7.3.

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.

Active Grants
These are grant awards with signed agreements. This chart identifies the grant award, required match, and percent expended. Staff is currently managing $5.33 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 -
Received
$4,011
$ - 100.0%
Received
discounts in
December
2021 and
March 2022.

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.

Friends &
Foundation
Enhancements for
Library (PT Staff,
Spanish/Youth/Adult
Programs,
Materials, Elsie the
Cat, Supplies)
$138,600 $ - 98.7%
Bulletproof Vest
Partnership
Purchase of one
bulletproof vest $2,956 $ - 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 $ - 6.6%
Project was
delayed due to
a CalTrans
requirement.

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

Housing and
Community
Development
Updates to current
zoning code in order
to implement
$160,000 $159,990 82.9% Project
continues to
Agenda Item #7.3.

(HCD) - SB2
Planning Grant
housing policies and
directives identified
in the General Plan
and in the 2015
Housing Element.
progress as
scheduled.

CalOES - PSPS
Resiliency
Allocation
Replace two
generators at the
treatment plants
and purchase a
roving generator.
$300,000 $ - 87.3% 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%
Project
continues to
progress as
scheduled.

Upper Valley
Waste
Management
Money Way
Waste/Recycling
Consolidation
Project
$120,000 $ - 0.0%
Project is
pending design
approval.

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 $ - 100.0%
Reimbursement
pending
closeout
paperwork.

CDBG-CV2 & 3 -
Childcare
Scholarship
Program
Provide childcare
scholarships to
income qualified
families.
$71,053 $ - 0.0% Requesting
Amendment
CDBG-CV2 & 3 -
Utility Assistance
Program
Provide utility
assistance to St.

Helena Residents.
$200,000 $ - 8.0%
State of CA -
Department of
Alcoholic
Beverage
Control
Minor Decoy,
Shoulder Tap, and
IMPACT Program.
$20,000 $ - 1.0%
State of CA -
Department of
Justice
Funding for School
Resource Officer. $454,788 $ - 7.7%
Agenda Item #7.3.

State of CA -
Department of
Parks and
Recreation
Funding to Replace
Crane Park
Playground
Equipment.
$177,952 $ - 0.0% Preparing RFP

SWRCB - CA
Water and
Wastewater
Arrearages
Payment
Program
Relief for Water
Arrearages incurred
03/04/2020 through
06/15/2021.
$114,344 $ - 97.1%
Pending
closeout for
final report.

Closed Out Grants
Grants Project Award
Amount
Cash
Match
% Grant
Funds
Expended
Notes
CDBG -
Acquisition
Project
Acquisition
of a 4-unit
rental
property at
723 Hunt
Avenue to
preserve
low income
housing
site.
$1,429,111 $ - 100.0%
All project
completion
reports were
received by
HCD. Unspent
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
$485,392 $169,487 100.0%
Reimbursement
retention was
received on
03/28/2022.

Agenda Item #7.3.

emergency
backup
power to
City
facilities.

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.

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
$5,000 100.0%
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 $3,630 100.0% Community
Enrichment
St. Helena
Community
Band
Yearly
Performances $4,000 100.0%
Agenda Item #7.3.

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
$3,050 100.0%
Programmatic Boys & Girls
Club
St. Helena Teen
Club $28,000 100.0%
Programmatic Mentis
Youth and Family
Mental Health
Treatment
$20,000 50.0%
Programmatic OLE Health Ole Health Services $5,000 0.0% Programmatic Our Town St.

Helena
OTSH Transition
Year Capacity
Building
$25,000 100.0%
Programmatic
Rianda House
Senior Activity
Center
Rianda House
Senior Activity
Center
$25,000 0.0%
Programmatic Saint Helena
Family Center
Enrollment
Expansion with New
Classroom Space
$10,000 100.0%
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
$10,000 100.0%
Programmatic
Up Valley
Family
Centers
Community
Connections &
Immigration
Assistance
$25,000 0.0%
TOTALS $209,530 52.5%
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. Funding recommendations were presented to City Council at the Agenda Item #7.3.

budget workshop meeting on May 17, 2022. A total of 19 applications were approved for the FY 2022/23 grant period for a total of $135,085.

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

RECOMMENDED ACTION
Receive and file report.

Agenda Item #7.3.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Approval of a Resolution for an Employment Agreement with Joseph Leach to serve as the Director of Public Works.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
With a recent transition in the Public Works Department, the City has a need to fill the vacant Director of Public Works position. The Director of Public Works is a key member of the Executive Team that oversees all functions and operations the Public Works Department, which includes six divisions: Administration, Buildings and Streets, Streets and Sewers, Water Distribution, Water Treatment Plant, and Wastewater Treatment Plant. In addition, the Director oversees the Capital Improvement Programs for Civic, Streets, Water, and Wastewater. The City Manager has identified a highly qualified candidate to serve as Director of Public Works and wishes to appoint Joseph Leach to the position.

DISCUSSION
Mr. Leach is a licensed civil engineer with over 30 years of experience in developing and delivering a variety of public works projects and infrastructure. He has served in the capacity of Director of Public Works for over 13 years at the City of Oakdale, City of Dixon, and most recently at the City of Richmond.

During his tenure as a Director, Mr. Leach has overseen the development and implementation of operational budgets up to $60 million and Capital Improvement Program budgets of $87 million. He has been responsible for a range of projects and Agenda Item #7.4.

operations in a variety of municipal areas, including transit/transportation, water resource recovery (ie. wastewater and stormwater management), water and negotiating complex land development projects. Mr. Leach has served as City representative for numerous regional committees. During his time serving the City of Dixon, Mr. Leach lead the effort to update permitting of the Waste Discharge Requirements in response to a longstanding Cease and Desist Order, which included the adoption of an updated user rate structure and financing for the development of a $28 million Wastewater Treatment Facility improvements project.

In recognizing Mr. Leach's significant experience, the City Manager recommends Mr.

Leach be appointed at E step at $197,000 annually, is granted a three-month severance payment under Section 4(c) of the attached agreement (consistent with other City department directors), and a vacation accrual of 20 days paid vacation.

FISCAL IMPACT
Funding for this position is included in the FY 2022/23 Operating Budget.

RECOMMENDED ACTION
Staff recommends the City Council adopt the attached resolution.

ATTACHMENTS
Attachment 1 - Resolution Approving Director of Public Works Agreement Attachment 2 - Director of Public Works Employment Agreement J.Leach Agenda Item #7.4.

CITY OF ST. HELENA
RESOLUTION NO. 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA APPROVING AN EMPLOYMENT AGREEMENT WITH
JOSEPH LEACH AND RATIFYING THE CITY MANAGER’S
APPOINTMENT TO SERVE AS DIRECTOR OF PUBLIC WORKS.

RECITALS
WHEREAS, with the recent transition in the Public Works Department, there is a need to fill the Director of Public Works position and the City Manager has identified a highly experienced candidate; and
WHEREAS, Mr. Leach has 32 years of experience in managing public works and providing municipal engineering support and has served in the capacity of Director of Public Works for over 13 years; and
WHEREAS, the City Manager believes it is in the best interests of the organization and the City of St. Helena to appoint Joseph Leach to the role of Director of Public Works based on his education, knowledge, skills, and abilities.

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

1. Approve and authorize the City Manager to enter into an employment agreement effective October 3, 2022 with Joseph Leach to serve as the City’s Director of Public Works.

Approved at a Regular Meeting of the St. Helena City Council on September 27, 2022, by the following vote:

Mayor Ellsworth: ________
Vice Mayor Dohring: ________
Councilmember Chouteau: ________
Councilmember Hall: ________
Councilmember Hardy: ________
Agenda Item #7.4.

APPROVED: ATTEST:
___________________________ ___________________________ Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

EMPLOYMENT AGREEMENT FOR DIRECTOR OF PUBLIC WORKS
Between
CITY OF ST. HELENA AND JOSEPH LEACH
THIS EMPLOYMENT AGREEMENT (the Agreement) is entered into as of June 15, 2022, between THE CITY OF ST. HELENA, a municipal corporation (City), and Joseph Leach (Director of Public Works), collectively “the Parties”.

RECITALS
WHEREAS, City desires to employ Joseph Leach as Director of Public Works for the City of St. Helena.

WHEREAS, Joseph Leach desires to serve as Director of Public Works of the City of St. Helena beginning on October 3, 2022.

WHEREAS Joseph Leach has the necessary education, experience, skills and expertise to serve as the City’s Director of Public Works; and WHEREAS, The City Manager, as appointing power, and Joseph Leach desire to agree in writing to the terms and conditions of Joseph Leach’s employment as the Director of Public Works.

NOW, THEREFORE, in consideration of the above recitals, promises and conditions contained herein, the Parties agree as follows:

AGREEMENT

1. Powers and Duties of the Director of Public Works
a) Director shall have the powers and shall perform the functions and duties specified in the job description and in state and federal law, the St. Helena Municipal Code, and the ordinances and resolutions of City, as well as to perform other legally permissible and proper duties and functions as the City Manager may from time-to-time assign.
b) Director shall perform the duties to the best of his ability in accordance with the professional and ethical standards of the profession and shall comply with the laws of the State of California, the Municipal Code of the City, and Ordinances and Resolutions of the City, and as they may be amended. c) Director shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under the Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

Agreement and annually thereafter, Employee must complete disclosure forms required by law.
d) Director shall report to the City Manager who has authority to dismiss, discipline, and give direction to the Director of Public Works.
e) Director shall devote full time to the performance of their duties; the Director shall notify the City Manager of any outside employment, which employment shall not interfere with the Director’s City job duties, pose a conflict of interest, or be inappropriate for a City employee.
f) Director shall maintain all applicable certifications and licenses required for the Director of Public Works, as a condition of his employment, including a valid California Driver’s License unless it is not possible because of a documented medical reason.

2. Term
The Agreement is effective October 3, 2022, and will continue in effect until terminated as provided herein. As stated in Section 3, Director’s employment is for no defined term or period, and may be terminated by the City Manager at any time pursuant to Section

4. For purposes of Section 4 and Government Code Section 53260 only, Director’s employment shall be deemed to have an unexpired term of three (3) months in the event of involuntary termination without cause pursuant to Section 4 (c).

3. At-Will Employment
a) The Parties recognize and affirm that: (1) the Director is an “at will” employee whose employment may be terminated by the City Manager at any time with or without cause, (2) there is no express or implied promise made to the Director for any form of continued employment, and (3) upon termination of the Agreement, the Director understands that he has no right to any further employment, in any capacity, with the City. Ther Agreement is the sole and exclusive basis for an employment relationship between the Director and the City. b) Termination for cause means termination based upon a breach of any of the terms of this Agreement, malfeasance of any nature occurring during the course and scope of the Employee's duties as Director of Public Works; or a conviction, plea bargain, or personal adverse State or federal determination against Employee individually involving any felony, intentional tort, crime of moral turpitude, violation of statute or law constituting forfeiture of office, misconduct in office for personal gain, misuse of public funds for personal benefit, conflict of interest resulting in conviction, or any other incompatible activity or conflict of interest.

Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

4. Termination of Agreement
The Agreement may be terminated as follows:
a) By Mutual Agreement. The City Manager and Director may terminate this Agreement at any time by mutual written agreement.
b) Termination by City. The City Manager may, in her or his sole and unrestricted discretion, terminate this Agreement with or without cause at any time upon written notice to the Director.
c) Severance. Subject to the limitations of Government Code Sections 53260 and 53261, if the City Manager terminates this Agreement without cause while the Director is still willing and able to perform the duties of Director of Public Works, the Director shall be entitled to three (3) months’ base salary, less applicable deductions, plus applicable accrued leaves as provided in this Agreement together with any extension of benefits required under California and federal law.

No time served by the Director after notice of the termination shall be debited from the period of severance pay. Eligibility for such severance payment is expressly conditioned upon Director’s execution, and non-revocation, of a written agreement for (i) a waiver and release of any and all claims against City, (and its officers, elected officials, employees, etc.) to the full extent permitted by law, and (ii) a covenant not to sue. (An appropriate written agreement will be prepared by the City Attorney and furnished to Employee.) However, in the event the Director is terminated for cause, the Director shall be entitled to only the compensation earned and accrued and such termination benefits and payments as may be required by law, but shall not be entitled to any severance benefits. d) Resignation by Director. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Director to resign at any time from his position as Director of Public Works. Director may terminate this Agreement by submitting written notice of his resignation to City. As a courtesy, Director shall give the City thirty (30) days written notice of his intention to resign. e) Rights and Remedies of Director upon Termination. Nothing in this Agreement is intended to, or does, confer upon Director any due process right to a hearing or other administrative process pertaining to termination, before or after a decision by the City to terminate her employment, except as may be required under California or federal law. Director may appeal a determination of for cause termination to the City Council for the sole purpose of qualifying for severance pay; the City Council shall not have the authority to overturn the termination.
f) Resignation in Lieu of Termination. If the Director is terminated without cause, Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

the Director shall have the opportunity to resign in lieu of being terminated. In such an event, any public announcement issued by the City will state that the Director resigned, and Director would remain eligible for severance as provided in subsection (c) above.
g) Administrative Leave. The City Manager may place the Director on administrative leave with or without pay pending investigation of any allegations of misconduct.

5. Compensation and Benefits.
(a) City agrees to pay Director for her services pursuant to the City’s publicly available salary schedule for the Director. Effective October 3, 2022, the Director’s shall be placed at Step E of the Director of Public Works salary schedule (currently $197,000). Salary for the Director shall be payable in installments at the same time as other employees of City are paid and subject to all applicable payroll taxes and withholdings. Such salary may be adjusted from time to time at the sole discretion of the City Manager within the publicly available salary schedule. The Director shall be an “exempt” employee under all applicable state and federal labor laws, including, but not limited to, the Federal Labor Standards Act and the regulations of the California Industrial Welfare Commission.
(b) Performance Review. The City Manager shall evaluate the Director’s performance by April 3, 2022, and at least annually thereafter. (c) CalPERS. CalPERS. Employee shall continue to be included in the City's Miscellaneous Plan with the California Public Employees' Retirement System ("CalPERS") as a Classic Tier II Member (2%@60), as described in the Unrepresented Compensation Program. Employee shall contribute the total “employee contribution,” and any applicable cost sharing requirements applicable to City Department Heads as set forth in the Unrepresented Compensation Program (currently 1% cost sharing). The City must comply with the requirements of law and CalPERS rules and regulations governing the CalPERS retirement program and makes no promises regarding any particular level of benefits that will be provided under that program. (d) The City participates in Social Security; the employee contribution (currently

6.2%) will be deducted from the Director’s gross pay.
(e) Director shall be entitled to all benefits, rights and privileges accorded to Department Heads as set forth in the Unrepresented Compensation Program, as may be amended from time to time, except as otherwise provided in this Agreement or as they may conflict with the Director’s status as an “At-will” employee. If there is any conflict between this Agreement and any resolution or Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

policy fixing compensation and benefits for City Department Heads or other unclassified employees, this Agreement shall control.
(f) Director shall receive twenty (20) days paid vacation during each full year of his employment. Upon commencing employment, the Director shall receive forty (40) hours of vacation as an advance accrual of vacation time. Upon completion of three (3) months of employment, the Director will accrue vacation leave in the same manner and under the same limitations afforded in the Unrepresented Compensation Program. On the Director’s 25th anniversary and every five years thereafter, one additional day will be awarded that year. The maximum amount of accrued vacation may not exceed 280 hours.
(g) Director shall receive full accruals that Departments Heads receive for personal convenience holidays (floating holidays) in accordance with City’s Unrepresented Compensation Program for Department Heads and MidManagers. (h) Director shall receive five (5) days of executive leave awarded January 1st and five (5) additional days of executive leave awarded on July 1st of each full year.

Floating holidays and executive leave must be used in the year accrued or the time shall be forfeited.
(i) Director shall be entitled to twelve (12) days sick leave each year in accordance with the City’s Unrepresented Compensation Program for Department Heads and Mid-Managers.
(j) Vehicle Use. Director will have access and full use of a City vehicle for City business, and may drive the City vehicle home so that the City vehicle will be available for use for City business outside of regular business hours. (k) Communications. Director will have the use of a City cellular phone and iPad pursuant to policies established by the City.
(l) Professional Development and Training. City shall pay for Director’s annual training and membership to essential professional associations. (m) Hours of Work. The Director is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the Director position. If mutually agreed to between the City Manager and the Director, the Director may have a modified work schedule, such as 4/10 or 9/80 or have the opportunity to telecommute as deemed appropriate by the City Manager.

6. Return of City Property
Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

In the event of termination, any City equipment or property will be promptly returned to the City. In addition, any and all finished and unfinished documents, data, reports and materials are the property of the City and shall be promptly delivered to the City Manager. Director shall keep all information acquired through their position in the strictest confidence.

7. Indemnification
To the extent required by, and in accordance with the terms, conditions, and limitations of the Government Claims Act (Gov't Code §§ 810 et seq.), City shall defend, hold harmless, and indemnify the Director against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Director’s duties as Director of Public Works. City will determine whether to compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon.

Notwithstanding the foregoing, such indemnification shall be limited as stated in paragraph 8 below.

8. Limitations/Reimbursements
Notwithstanding any other provision in this Agreement, and in accordance with California Government Code Sections 3511.1, 3511.2, 53243, 53243.1 and 53243.2, the following limitations apply to City’s obligations to Director:
(a) In the event the Director is placed on paid leave pending an investigation, Director shall reimburse such pay to City if he is subsequently convicted of a crime that constitutes “abuse of office or position” as defined in Government Code Section 53243.4.
(b) In the event City pays for the Director legal criminal defense, he shall fully reimburse such funds to the City if he is subsequently convicted of a crime that constitutes “abuse of office or position” as defined in Government Code Section 53243.4.
(c) If this contract is terminated, any cash settlement related to the termination that Director may receive from City must be fully reimbursed to City if he is subsequently convicted of a crime that constitutes “abuse of office or position” as defined in Government Code Section 53243.4.

9. Attorney’s Fees
In the event of any mediation, arbitration or litigation to enforce any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs.

10. Jurisdiction and Venue
Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

This Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Napa County, California.

11. Notices
Any notices required by this Agreement shall be in writing and either given in person or by first class mail with postage prepaid and addressed as follows:

TO CITY: City Manager
City of St. Helena
1572 Railroad Avenue
St. Helena, CA 94574
TO EMPLOYEE: Joseph Leach
Last home address on file with the City

12. Entire Agreement
The Agreement is the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes all prior oral or written understandings. However, the Agreement may be amended or altered by the City Manager at any time. Any such amendments or alterations must be in writing, signed by Director and the City Manager and approved by the City Council.

13. Severability
If any provision of this Agreement is found to be unenforceable by judgment or court order, the remainder of the Agreement shall remain in full force and effect, as if the unenforceable provision had never been included.

14. Assignment
Director may not assign or transfer any rights granted or obligations assumed under this Agreement.

15. Informed and Voluntary Agreement
Director acknowledges that he has had the opportunity to receive legal representation and advice in connection with this Agreement and that he voluntarily enters into this Agreement fully informed about the rights and obligations he assumes and waives by entering into this Agreement.

16. Agreement Subject to Council Ratification
As stated in Municipal Code Section 2.12.060(B)(2), this Agreement is subject to ratification by the City Council at a regular meeting.

Agenda Item #7.4.

Joseph Leach Employment Agreement
City of St. Helena

IN WITNESS WHEREOF, City and the Director of Public Works have entered into and executed this Agreement as of the 3rd day of October 2022.

CITY OF ST. HELENA DIRECTOR OF PUBLIC WORKS
A Municipal Corporation
By: ______________________ By: ____________________
Anil Comelo Joseph Leach
Approved as to Form:

By: _____________________
Ethan Walsh
City Attorney
Agenda Item #7.4.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and adoption of a Resolution: (1) Awarding the R22-79 Pavement Restoration Improvements Project to
Argonaut Constructors in the amount of $1,157,192.50; (2) Authorizing the City Manager to execute the Construction Contract with Argonaut Constructors; (3) Authorizing the Director of Public Works to approve Change Orders not to exceed 10% of the contract amount; and (4) Determining the project to be exempt from the requirements of the California Environmental Quality Act (CEQA).

CEQA
Determination:

Class I Categorical Exemption under Section 15301 of CEQA Prepared By: Mario Traverso, Public Works Assistant Engineer Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The R22-79 Pavement Restoration Improvements Project is a continuation of the City's efforts to improve and maintain the 26 miles of roadway within the City of St. Helena.

On June 8th 2021, the FY 2022/23 Capital Improvement Program (CIP) was adopted by City Council. On June 28th 2022, City Council adopted the FY 2022/23 budget which includes the R22-79 Pavement Restoration Improvements Project. Project plans, specifications and estimate was prepared by City staff and approved by City Council on July 26th, 2022. The scope of this project has been developed in accordance with the City's current 5-Year Pavement Management Plan which was adopted by City Council on December 14, 2021.

This project includes roadway segments that will receive maintenance treatments (Micro Surfacing) which has proven to be a cost-effective and reliable option to extend the useful Agenda Item #7.5.

life of existing pavement assets. Additionally this project includes roadway segments that will receive more significant resurfacing treatments (Grind and Overlay) which will provide a new road surface. Additional elements of this project include restriping traffic lines and crosswalks, various repairs to sidewalk, curb and gutter, and the installation of ADA compliant curb ramps.

DISCUSSION
On August 11th, 2022, a Notice Inviting Bids and project plans and specifications was posted to the Blue Print Express Planroom, the City of St. Helena website, local builder exchanges and local newspapers the St. Helena Star and Napa Valley Register On September 6, 2022 four bids were received electronically via Blue Print Express, and opened publicly at City Hall. All bids are provided by reputable, licensed firms and are complete and competitive.

The bid results are as follows:

Company Base Bid
Argonaut Constructors, Santa Rosa $1,157,192.50
Ghilotti Brothers, San Rafael $1,204,161.90
Team Ghilotti, Petaluma $1,287,141.00
Granite Construction, Ukiah $1,520,907.63
Engineer's Estimate: $1,075,000
City Staff reviewed all bids and find that Argonaut Constructors is the lowest responsible and responsive bid. A detailed bid tabulation is included as Attachment 1. Argonaut Constructors holds a valid Class A General Contractor’s License No. 171432 in the State of California, with no enforcement actions listed. Their license expires on 12/31/2023.

Argonaut Constructors' bid is consistent with the engineer’s estimate. Argonaut Constructors has successfully executed similar projects including many previous pavement projects for the City of St. Helena.

FISCAL IMPACT
The annual Pavement Restoration Project, CIP Project R22-79 is identified in the adopted five-year Capital Improvement Program (Attachment 3). A summary of anticipated expenditures are presented below.

R22-79 Pavement Restoration Improvements Estimated Project Costs Estimated Construction Costs $1,157,192.50
Construction Contingency (10%) $115,719.25
Estimated Total Project Cost for
Construction $1,272,911.75
Agenda Item #7.5.

Funding Sources
101 - Measure T - MOU in FY 22/23 $379,189.00
240 - Measure T - FY 22/23 $895,286.00
Total Available Funding in FY 22/23 $1,274,475.00
Project management and inspection services for this project will be performed by City Staff. This will provide a cost savings of $100,000 when compared to previous years.

RECOMMENDED ACTION
Adopt the attached resolution.

ATTACHMENTS
Attachment 1 - R22-79 Resolution
Attachment 2 - Detailed Bid Tabulation
Attachment 3 - Construction Agreement DRAFT
Agenda Item #7.5.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Awarding the Pavement Restoration Improvements
Project, Capital Improvement Project R22-79 to
Argonaut Constructors in the amount of $1,157,192.50,
(2) Authorizing the City Manager to execute the
Construction Contract with Argonaut Constructors, (3)
Authorizing the Director of Public Works to approve
Change Orders not to exceed 15% of the contract
amount; and (4) Determining the project to be exempt
from the requirements of the California Environmental
Quality Act (CEQA).

RECITALS
A. The project plans for the work were approved by the Director of Public Works pursuant to authority by St. Helena City Council on July 26, 2022; and B. Pursuant to St. Helena Municipal Code Chapter 3.04; Article 3 Public Works Projects; Section 3.04.220 on August 11, 2022 a notice inviting bids was posted and mailed to contractors inviting bids for the R22-79 Pavement Restoration Improvements Project; and
C. On September 6, 2022, four (4) bids were received and opened in accordance with applicable law; and
D. The lowest responsive and responsible bidder for the Project was Argonaut Constructors, of Santa Rosa, CA in the amount of $1,157,192.50; and E. City staff has determined that Argonaut Constructors’ bid satisfies the bidding requirements for the project; and
F. City staff has verified that Argonaut Constructors possesses a valid Contractor’s License, Class A, number 171432 that qualifies Argonaut Constructors to complete the project; and
G. The Pavement Restoration Improvements Project R22-79 has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations as it consists of minor alterations of existing street and sidewalk facilities, as the project involves no expansion of an existing use.

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

Agenda Item #7.5.

1. Awarding the R22-79 Pavement Restoration Improvements Project to Argonaut Constructors in the amount of $1,157,192.50; and

2. Authorizing the City Manager to execute a construction contract in the amount of $1,157,192.5 with Argonaut Constructors for R22-79 Pavement Restoration Improvements Project; and

3. Authorizing the Director of Public Works to approve change orders not to exceed 15% of the contract account; and

4. The Pavement Restoration Improvements Project R22-79 is found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations as it consists of minor alterations of existing street and sidewalk facilities, as the project involves no expansion of an existing use.

Approved at a Regular Meeting of the St. Helena City Council on September 27, 2022 by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Hall: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulous, City Clerk
Agenda Item #7.5.

Bid O9-Sep-22
Mario Traverso
DESCRIPTION UNIT QUANTITY UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ UNIT COST, $ ITEM TOTAL, $ 1 Mobilization LS 1 $50,000 $50,000.00 $80,000.00 $80,000.00 $124,000.00 $124,000.00 $181,506.35 $181,506.35 $100,000.00 $100,000.002 Traffic Control LS 1 $30,000 $30,000.00 $141,300.00 $141,300.00 $110,000.00 $110,000.00 $129,000.00 $129,000.00 $153,000.00 $153,000.003 SWPP LS 1 $8,500 $8,500.00 $4,000.00 $4,000.00 $8,000.00 $8,000.00 $13,962.00 $13,962.00 $18,000.00 $18,000.004 Pothole EA 5 $750.00 $3,750.00 $1,200.00 $6,000.00 $750.00 $3,750.00 $887.00 $4,435.00 $2,100.00 $10,500.005 Adjust Existing Manholes to Grade EA 22 $1,200 $26,400.00 $1,500.00 $33,000.00 $865.00 $19,030.00 $2,096.00 $46,112.00 $2,311.00 $50,842.006 Adjust Existing Water Valve to Grade EA 32 $800 $25,600.00 $900.00 $28,800.00 $650.00 $20,800.00 $1,208.00 $38,656.00 $1,500.00 $48,000.007 Adjust Existing Survey Monument to Grade EA 3 $800 $2,400.00 $1,000.00 $3,000.00 $650.00 $1,950.00 $1,592.00 $4,776.00 $1,500.00 $4,500.008 Curb Ramp - Modified Case A EA 2 $8,500 $17,000.00 $8,000.00 $16,000.00 $13,000.00 $26,000.00 $9,577.00 $19,154.00 $10,300.00 $20,600.009 Curb Ramp - Modified Case B EA 5 $7,500 $37,500.00 $8,000.00 $40,000.00 $11,000.00 $55,000.00 $9,042.00 $45,210.00 $10,300.00 $51,500.00 10 Curb Ramp - Modified Case C EA 7 $7,500 $52,500.00 $7,800.00 $54,600.00 $8,500.00 $59,500.00 $8,556.00 $59,892.00 $10,300.00 $72,100.0011 Curb Ramp - Double Ramp at Adams at Oak EA 1 $12,000 $12,000.00 $14,500.00 $14,500.00 $18,500.00 $18,500.00 $11,507.00 $11,507.00 $13,900.00 $13,900.00 12 Cast In Place Domes 3'x4' EA 14 $1,000 $14,000.00 $7,800.00 $109,200.00 $1,500.00 $21,000.00 $2,687.00 $37,618.00 $1,084.00 $15,176.00 13 Minor Concrete - Sidewalk SF 250 $25 $6,250.00 $45.00 $11,250.00 $59.00 $14,750.00 $50.00 $12,500.00 $249.00 $62,250.0014 Minor Concrete - Driveway SF 800 $35 $28,000.00 $38.00 $30,400.00 $49.00 $39,200.00 $41.00 $32,800.00 $95.00 $76,000.0015 Minor Concrete - Curb & Gutter SF 175 $110 $19,250.00 $83.00 $14,525.00 $150.00 $26,250.00 $195.00 $34,125.00 $150.00 $26,250.0016 Minor Concrete - 6" Curb LF 75 $15 $1,125.00 $90.00 $6,750.00 $155.00 $11,625.00 $126.00 $9,450.00 $140.00 $10,500.0017 2' AC Conform LF 106 $25 $2,650.00 $6.00 $636.00 $70.00 $7,420.00 $91.00 $9,646.00 $200.00 $21,200.0018 Edge Grinding - 5' LF 6,650 $5 $33,250.00 $5.00 $33,250.00 $8.00 $53,200.00 $3.00 $19,950.00 $5.74 $38,171.0019 Full Width Grind - 2" SF 54,541 $1 $54,541.00 $1.00 $54,541.00 $1.25 $68,176.25 $0.80 $43,632.80 $1.50 $81,811.5020 Pavement Reinforcement Fabric SY 15,047 $4 $60,188.00 $2.70 $40,626.90 $3.00 $45,141.00 $2.69 $40,476.43 $2.70 $40,626.9021 2.0" HMA Overlay TON 1,750 $165 $288,750.00 $155.00 $271,250.00 $170.00 $297,500.00 $175.00 $306,250.00 $212.00 $371,000.0022 Micosurface Type II SY 16,303 $14 $228,242.00 $3.20 $52,169.60 $3.55 $57,875.65 $3.39 $55,267.17 $3.20 $52,169.6023 Thermoplastic Markings - White SY 4,784 $5 $23,920.00 $8.00 $38,272.00 $8.00 $38,272.00 $8.50 $40,664.00 $12.53 $59,943.5224 Thermoplastic Markings - Yellow SY 2,277 $5.00 $11,385.00 $8.00 $18,216.00 $8.00 $18,216.00 $8.50 $19,354.50 $12.53 $28,530.8125 Detail 21 LF 2,598 $2.00 $5,196.00 $3.00 $7,794.00 $3.00 $7,794.00 $2.25 $5,845.50 $3.32 $8,625.3626 Detail 39 LF 4,596 $1 $5,745.00 $2.00 $9,192.00 $2.00 $9,192.00 $1.25 $5,745.00 $1.84 $8,456.6427 Detail 38A LF 235 $2 $470.00 $3.00 $705.00 $3.00 $705.00 $1.75 $411.25 $2.58 $606.3028 Parking T EA 35 $5 $175.00 $25.00 $875.00 $25.00 $875.00 $20.00 $700.00 $29.48 $1,031.8029 4" White Line LF 1,040 $1 $1,300.00 $1.50 $1,560.00 $1.50 $1,560.00 $3.00 $3,120.00 $4.42 $4,596.8030 Green Paint SF 2,680 $5 $13,400.00 $8.00 $21,440.00 $8.00 $21,440.00 $10.00 $26,800.00 $14.74 $39,503.2031 Raised Pavement Marker, Blue Reflective EA 20 $12 $240.00 $12.00 $240.00 $12.00 $240.00 $15.00 $300.00 $22.11 $442.2032 Raised Pavement Marker, Reflectors EA 50 $25 $1,250.00 $8.00 $400.00 $8.00 $400.00 $15.00 $750.00 $22.11 $1,105.5033 Base Repair Digout SY 20 $375 $7,500.00 $55.00 $1,100.00 $260.00 $5,200.00 $760.00 $15,200.00 $590.00 $11,800.0034 Additional Thermoplastic Pavement Markings SY 1,450 $10 $14,500.00 $8.00 $11,600.00 $8.00 $11,600.00 $8.50 $12,325.00 $12.53 $18,168.50 $1,086,977.00 $1,157,192.50 $1,204,161.90 $1,287,141.00 $1,520,907.63 Bid Schedule

BID RESULTS
R22-79 Pavement Improvements Project - City of St Helena Granite Construction
Engineers Estimate
Argonaut Constructors Ghilotti Brothers Team Ghilotti

BASE BID
Agenda Item #7.5.

Pavement Restoration Improvements Project
Capital Project R22-79 C-1

AGREEMENT
CITY OF ST. HELENA

STATE OF CALIFORNIA
THIS AGREEMENT is made and entered into by and between the City of St. Helena, a Municipal Corporation, hereinafter called "City" and Argonaut Constructors, hereinafter called "Contractor," for the R22-79 Pavement Restoration Improvements Project

RECITALS
City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract.

A notice was duly published for bids, and bids were received for the improvement hereinafter described.

On September 27, 2022, after notice duly given, the City Council of the City of St. Helena awarded the contract for the construction of the improvement hereinafter described to Contractor, which Contractor said Council found to be the lowest responsive and responsible bidder for construction of said improvement.

City and Contractor desire to enter into this Agreement for the construction of said improvements.

THE PARTIES HERETO AGREE AS FOLLOWS:

1. Contract Documents
The complete contract consists of the following documents:

A. The Notice to Contractors
B. The Special Provisions
C. The Bid Proposal Form
D. This Agreement
E. The Standard Specifications and Standard Plans of the State of California, Dept. of Transportation, dated May 2018
F. City of St. Helena General Conditions for City of St. Helena Construction Projects September 1997 (as amended)
G. The Faithful Performance Bond, Labor and Material Bond, and Warranty/Maintenance Bond H. City of St. Helena Standard Specifications and Standard Plans, dated April 24, 2018 Project drawings for the R22-79 Pavement Restoration Improvements.

I. Addenda
All rights and obligations of City and Contractor are fully set forth and described in the contract documents.

All of the above-named documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

The documents comprising the complete contract will hereinafter be referred to as "the contract documents."
Agenda Item #7.5.

Pavement Restoration Improvements Project
Capital Project R22-79 C-2

2. Scope of Work
The scope of work is described in the contract documents.

3. Performance of Work
Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the work of construction as called for, and in the time and manner designated in, and in strict conformity with, the contract documents for said work.

The equipment, apparatus, facilities, labor and material shall be furnished, and said work performed and completed, as required in said plans and specifications under the direction and supervision, and subject to the approval, of the City Engineer of the City of St. Helena, or his designated assistant or assistants.

4. Contract Price
City shall pay, and Contractor shall accept, in full payment for the work agreed to be done, the dollar amounts shown on the attached Bid Schedule. Increases or decreases in the contract quantities shall operate in the manner provided for in the contract documents. Payment in installments shall be as provided for in the contract documents.

5. Extra and/or Additional Work and Changes
Should City at any time during the progress of said work request any alterations, deviations, additions or omissions from said plans, specifications or other contract documents, it shall be at liberty to do so and the same shall in no way affect or make void the contract. The value of such will be added to, or deducted from, the contract price, as the case may be, in accordance with the provisions for such contained in the contract documents.

6. Provisions Cumulative
The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to City.

7. Notices
All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City of St. Helena
1572 Railroad Ave
St. Helena, CA 94574
Attn: Public Works Department
Agenda Item #7.5.

Pavement Restoration Improvements Project
Capital Project R22-79 C-3
Notices required to be given to Contractor shall be addressed as follows:

Argonaut Constructors
360 Sutton Place
Santa Rosa, CA 95407
Notices required to be given to Sureties of Contractor shall be addressed as follows:
[Click here and insert Surety Company]
c/o [Click here and insert Surety]
[Click here and insert address]
[Click here and insert City]
DATED this day of , 20 .

CITY OF ST. HELENA, a Municipal Corporation
______________________________
Anil Comelo
City Manager
ATTEST:
______________________________
Cindy Tzafopoulos, City Clerk
APPROVED AS TO FORM:
______________________________
Ethan Walsh, City Attorney
Project Code CIP C-82
CONTRACTOR: (Name and form of organization)
Contractors License No. 171432
By:__________________________
[Click here to insert Name and Title]
By:__________________________
[Click here to insert Name and Title]
Agenda Item #7.5.

Pavement Restoration Improvements Project
Capital Project R22-79 C-4

BID SCHEDULE
Item
No.

Item Unit of
Measure
Estimat
ed
Quantity
Unit Price
(In Figures)
Item Total
(In Figures)

1. Mobilization 1 LS $80,000 $80,000

2. Traffic Control / Signage / Notice 1 LS $141,300 $141,300

3. Stormwater Pollution Prevention 1 LS $4,000 $4,000

4. Pothole 5 EA $1,200 $6,000

5. Adjust Existing Manholes to Grade 22 EA $1,500 $33,000

6. Adjust Existing Water Valve to Grade 32 EA $900 $28,800

7. Adjust Existing Monument to Grade 3 EA $1,000 $3,000

8. Curb Ramp – Modified Case A 2 EA $8,000 $16,000

9. Curb Ramp – Modified Case B 5 EA $8,000 $40,000

10. Curb Ramp – Modified Case C 7 EA $7,800 $54,600

11. Double Ramp at Adams / Oak 1 EA $14,500 $14,500

12. Cast In Place Truncated Domes 14 EA $7,800 $109,200

13. Minor Concrete – Sidewalk 250 SF $45.00 $11,250

14. Minor Concrete – Driveway 800 SF $38.00 $30,400

15. Minor Concrete – Curb and Gutter 175 LF $83.00 $14,525

16. Minor Concrete – 6” Curb 75 LF $90.00 $6,750

17. 2’ AC Conform 106 LF $6.00 $636

18. 5’ Edge Grind 6,650 LF $5.00 $33,250
19 Full Width Grind – 2” 54,541 SF $1.00 $54,541
20 Pavement Reinforcement Fabric 15,047 SY $2.70 $40,626.90 21 2.0” HMA Overlay 1,750 TON $155 $271,250
22 Microsurface Type II 16,303 SY $3.20 $52,169.60
23 Thermoplastic Markings – White 4,784 SF $8.00 $38,272 24 Thermoplastic Markings - Yellow 2,277 SF $8.00 $18,216 25 Detail 21 2,598 LF $3.00 $7,794
26 Detail 39 4,596 LF $2.00 $9,192
27 Detail 38A 235 LF $3.00 $705
28 Parking T 35 EA $25.00 $875
29 4” White Line 1,040 LF $1.50 $1,560
30 Green Paint 2,680 SF $8.00 $21,440
31 Raised Pavement Marker Blue Reflective 20 EA $12.00 $240 32 Raised Pavement Markers Reflectors 50 EA $8.00 $400
33 Base Repair Dig - Out 20 SY $55.00 $1,100
34 Additional Thermoplastic Markings - Yellow 1450 SF $8.00 $11,600 TOTAL $1,157,192.50
Agenda Item #7.5.

C-5

FAITHFUL PERFORMANCE BOND
(Construction)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of St. Helena (hereinafter designated as "City"), a municipal corporation located in the County of Napa, State of California, has awarded a contract to and has entered into an agreement with Argonaut Constructors., hereinafter designated as "Principal," whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled " Pavement Restoration Improvements R22-79," which said agreement is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and [Click here and insert Surety Agent Name and Number] , as surety, are held and firmly bound unto the City in the penal sum of dollars ($ ) lawful money of the United States, being not less than one hundred percent (100%) of the estimated contract cost of the work for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded Principal, his/her/its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, therein provided, on his/her/its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

NOTE: To be signed by Principal,
and Admitted Surety and
acknowledgement and notarial
seal for both attached. Attach
copy of authority for surety agent
and County Clerk certificate
under CCP §995.660)
[SEAL]
(Principal Signature)
[Click and insert Principal Name and Title]
[Click and insert Principal Business Name]
(Surety Signature)
[Click and insert Name and Title]
[Click and insert Surety Business Name]
Agenda Item #7.5.

C-6

LABOR AND MATERIALS BOND
(Construction)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of St. Helena (hereinafter designated as "City"), a municipal corporation located in the County of Napa, State of California, has awarded a contract to and has entered into an agreement with Argonaut Constructors., hereinafter designated as "Principal," whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled " R18-79 2018 Pavement Overlay," which said agreement is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection and with said contract; provided that if said Principal, or any of his/her/its contractors, shall fail to pay for any materials, provisions, provider or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, we, the Principal and [Click here and insert Surety Agent Name and Number] , as surety, are held and firmly bound unto the City in the penal sum of dollars ($ ) lawful money of the United States, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal, his/her/its heirs, executors, administrators, successors or assigns, or its subcontractors, shall fail to pay any of the persons named in Section 3181 of the Civil Code, or to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond a reasonable attorney's fee in such suit, which fee shall be fixed by the Court.

AS FURTHER TERMS OF THIS BOND, IT IS UNDERSTOOD AS FOLLOWS:

1. This bond and all its provisions shall insure to the benefit of any and all persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

2. This bond is given to comply with the provisions of Chapter 7, Part 4, Division 3, of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said chapter, all acts amendatory thereof, and all other statutes referred to therein. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

Agenda Item #7.5.

C-7
IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

NOTE: To be signed by Principal,
and Admitted Surety and
acknowledgement and notarial
seal for both attached. Attach
copy of authority for surety agent
and County Clerk certificate
under CCP §995.660)
[SEAL]
(Principal Signature)
[Click and insert Principal Name and Title]
[Click and insert Principal Business Name]
(Surety Signature)
[Click and insert Name and Title]
[Click and insert Surety Business Name]
Agenda Item #7.5.

C-8

WARRANTY/MAINTENANCE BOND
WHEREAS, the City Council of the CITY OF ST. HELENA, State of California (hereinafter designated as "City"), and Team Ghilotti, Inc. (hereinafter designated as "Principal"), have entered into an agreement ("Agreement") dated , 20 , whereby Principal guaranteed that all improvements (as defined therein) constructed by or on behalf of Principal shall be free from defects of materials or work quality and shall perform satisfactorily for a period of at least one (1) year from the date of final acceptance of all work performed under the Agreement and further, the principal agreed to repair defects and replace improvements which cannot be repaired within said one (1) year period; and WHEREAS, said Principal is required to furnish a bond for the faithful performance of its responsibility to maintain repair and replace said improvements.

NOW, THEREFORE, we the Principal and [Click here and insert Surety Agent Name and Number] as surety are held and firmly bound unto the City in the penal sum of $ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on this or their part, to be kept and performed by Principal as required therein and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City and its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness hereof, this instrument has been duly executed by the Contractor and surety above named on , 20 .

NOTE: To be signed by Principal,
and Admitted Surety and
acknowledgement and notarial
seal for both attached. Attach
copy of authority for surety agent
and County Clerk certificate
under CCP §995.660)
[SEAL]
(Principal Signature)
[Click and insert Principal Name and Title]
[Click and insert Principal Business Name]
(Surety Signature)
[Click and insert Name and Title]
[Click and insert Surety Business Name]
Agenda Item #7.5.

C-9
Agenda Item #7.5.

C-10
Certificate pursuant to 995.640(a) Code of Civil Procedure Agenda Item #7.5.

C-11
State of California )
)ss.

County of Napa )
I, JOHN TUTEUR, County Clerk of the County of Napa, State of California, in and for said County DO HEREBY CERTIFY THAT
………………………………………………………………………………………………
has been issued a certificate of authority as an admitted surety by the Insurance Commissioner authorizing the insurer to transact surety insurance in the State of California, and that based on the records in this office, that authority has not been surrendered, revoked, canceled, annulled, or suspended.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County this ………………… Day of …………………………………, 20………

JOHN TUTEUR, COUNTY CLERK
By: ………………………………………..

Deputy Recorder-County Clerk
Agenda Item #7.5.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: August 2022 Review and Forecasting of City Water Supply Availability
CEQA
Determination:

Exempt
Prepared By: Ian Dale, Environmental Services Tech
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: Anil Comelo, 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.

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."
Agenda Item #7.6.

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 August 2022. The water produced for August 2022 is up by 31% when compared to August 2021 and down by 9% when compared to the average of August 2018-2020. Below is a chart summarizing the water produced or delivered per source:

Water Produced or Delivered per Source
Source
Average (2018 -
2020)
(Acre-Feet)
August 2021
(Acre-Feet)
August 2022
(Acre-Feet)
Bell Canyon 86 31 79
Stonebridge Wells 50 52.5 46
Napa Water 61 52.5 54
Total 197 136 179
Percent change from average of August 2018 - 2020: -9%
Percent change from August 2021: 31%
Bell Canyon Reservoir
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 I conservation measures in effect. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of September 1, 2022, Bell Canyon Reservoir elevation was at 412.27 feet representing approximately 1,680 acre feet (AF) and 70.49% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on September 1st in 2020, 2021, and 2022.

Year 2020 2021 2022
Bell Canyon Elevation Level 405.14 Ft. 395.88 Ft. 412.27 Ft.

Acre Feet 1,235 AF 740 AF 1,680 AF
Percent Capacity 51.8% 31.0% 70.5%
As a follow up to the May 24th City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to implement Phase I and Phase II drought restrictions in 2020.

Agenda Item #7.6.

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 DWR 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 City has not received any curtailment order from DWR nor does the City anticipate to receive one.

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

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of August 2022, Rutherford Pump Station was producing an average of 0.58 MG/day for a total of 54 acre feet (AF) for the month.

FISCAL IMPACT
Not applicable.

RECOMMENDED ACTION
Receive and file.

ATTACHMENTS
MWR August 1-31 2022
Storage in Bell Canyon Graph - August 2022
Bell Canyon Reservoir Storage with Phase I & II 8.31.2022 Agenda Item #7.6.

CITY OF ST. HELENA

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

STRALLA

WATER PLANT
TK #1 & #2
ADJUST

80.96 26.37 ‐0.14

44.2% ‐0.2%

60.04 MG MG

2.19 MG MG

1.92 MG MG

2.05 MG MG
%%

80.96 AF 44.1% 19.60 AF 15.4%

26.37 MG 6.38 MG

55.32 AF 30.1% 55.70 AF 43.9%

18.02 MG 18.14 MG

47.25 AF 25.7% 51.60 AF 40.7%

15.39 MG 16.81 MG
TOTAL WATER DELIVERY (ALL) 183.52 AF 100.0% 126.90 AF 100.0%

0.27 0.13
412.27 FT. FT.
‐1.05 FT. FT.
547.43 MG MG

70.5 %%

0.27 IN IN

31.3 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only. ‐0.44

August 1‐31, 2022

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 47.25 1.23 55.32
AMOUNT PRODUCED in MG 15.39 0.40 18.02
PERCENT 25.8% 30.2%

WATER DELIVERY (AGGREGATE)
TOTAL DELIVERY  THIS PERIOD 69.90
MAXIMUM DAILY DELIVERY 2.47
MINIMUM DAILY DELIVERY 1.65
AVERAGE DAILY DELIVERY 2.07

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 405.14
STONEBRIDGE APARTMENTS MG/August 1 ‐31 4093 MG/August 1‐31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/August 1 ‐31 1363 MG/August 1‐31

TEMPERATURES
MONTHLY RISE OR DROP ‐2.19
CAPACITY AT END OF PERIOD 402.95
PERCENT OF FULL CAPACITY 46.6
RAINFALL IN THIS PERIOD 0.02
TOTAL RAINFALL SEASON TO DATE 13.27
THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 54.0 ‐ 100.8 102‐82
Updates will be provided if any errors are identified.

AVERAGE 77 91

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.58 MG/day during August 2022.

Agenda Item #7.6.

Bell Water Storage Forecast
Assumes: (1) Highest usageduring non-‘drought year (FY2019/20) (2) 10" of Rainfall(Lowest Recorded)
L,JO‘l
2,300
2250
2,188
2000
1,963
1,863
1750
< 1,767
_m>w4 1250
Ipp|v
I IIJLUI lb IJIVUJECLEU T? $ 1000 982 4
0'):
750
\ o4u
\\ 741
I
683
59b Acre I-eet“
4370 lt!bClVt3 IUI ||H:.'
K;
r
Date
Agenda Item #7.6.

Agenda Item #7.6.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration of approval of a resolution establishing a 401(a) Governmental Money Purchase Plan and authorizing the City Manager to execute all necessary agreements and plan documents.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The City currently offers a voluntary deferred compensation program to employees in addition to mandatory participation in California Public Employees Retirement System (CalPERS). The current voluntary plan option is covered under provisions of Section 457 of the Internal Revenue Service Code, and ICMA-RC, doing business as MissionSquare, administers the program on behalf of the City. Maximum contributions into a 457 Plan are limited by annual IRS-specified amounts, with some employees eligible to add additional amounts based on age or retirement catch-up options established by the IRS.

DISCUSSION
IRS 401(a) provisions allow employees to contribute to a 401(a) plan in addition to the 457 Plan, thereby enhancing retirement planning options. A 401(a) Plan provides additional self-directed retirement planning investment options for employees, and provides an extremely useful tool in recruiting and retaining valuable employees.

The 401(a) provisions require mandatory contributions by either the employer or the employee. These provisions also require participation in the 401(a) by all members of a “defined” group of employees.

Agenda Item #7.7.

FISCAL IMPACT
The plan administration fee related to services under this agreement is 0.55% per annum of the amount of Plan assets invested in VantageTrust, which is estimated to be no more than $100.00 for FY 2022/23.

RECOMMENDED ACTION
Approval of a resolution establishing a 401(a) Governmental Money Purchase Plan and authorizing the City Manager to execute all necessary agreements and plan documents.

ATTACHMENTS
Attachment 1 - Resolution Establishing a 401a Governmental Money Purchase Plan Attachment 2 - Money Purchase Plan Trust Agreement
Agenda Item #7.7.

CITY OF ST. HELENA
RESOLUTION NO. 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA ESTABLISHING A 401(a) GOVERNMENTAL MONEY

PURCHASE PLAN AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PLAN DOCUMENTS.

RECITALS
WHEREAS, the City of St. Helena has employees rendering valuable services; and
WHEREAS, the establishment of a 401(a) Governmental Money Purchase Plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the City of St. Helena desires that its money purchase retirement plan be administered by MissionSquare Retirement; and
WHEREAS, the plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries.

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

1. The City Council hereby authorizes the City Manager to execute the Declaration of Trust of VantageTrust Company intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of St. Helena, if assets of the plan are to be invested in the trust created by such Declaration of Trust (the “VantageTrust”) that provides for the commingled investment of retirement funds; and

2. The City of St. Helena hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the VantageTrust or in any other qualified investment options for the Plan; and

3. The Administrative Services Director shall be the coordinator of the Plan; shall receive reports, notices, etc., from MissionSquare Retirement or the VantageTrust; shall cast, on behalf of the Employer, any required votes under the VantageTrust; may delegate any administrative duties relating to the Plan to appropriate departments; and
Agenda Item #7.7.

4. The City Council hereby authorizes the City Manager to execute all necessary agreements and plan documents with MissionSquare Retirement incidental to the administration of the Plan.

Approved at a Regular Meeting of the St. Helena City Council on September 27, 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 #7.7.

DRAFT - DO NOT SIGN
MissionSquare Retirement
Governmental Money Purchase Plan
Trust Agreement
The Employer hereby adopts and designates this Trust (“the Trust”) to receive and hold the assets of the MissionSquare Retirement Governmental Money Purchase Plan (“the Plan”). The Trust is adopted and designated in accordance with Section 2.22 of the Plan. The Trust shall hold all of the assets of the Plan derived from Employer and Employee contributions under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. All capitalized terms in this instrument shall be interpreted consistent with Article II of thePlan.

I. Trust. A trust is hereby created to hold all of the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that taxes and expenses may be paid from the Trust as provided in Section III below. Thetrustee shall be the Employer or such other person which agrees to act in that capacity hereunder.

II. Investment Powers. The trustee or the Plan Administrator, acting as agent for the trustee, shall have the powers listed in this Section II with respect to investment of the Trust assets, except to the extent that the investment of the Trust assets is controlled by Participants, pursuant to Sections 6.01 and 13.03 of the Plan.
(a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, notes, debentures, mortgages, certificates of deposit, contracts with insurance companies including but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions including but not limited to savings accounts and certificates of deposit.

Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time.
(b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to employee plans qualified under section 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plan, the declaration of trust of such common, collective, or commingled trust fund shall constitute a part of the Plan. (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other plan or trust qualified under section 401(a) of the Code or any other plan described in section 401(a)(24) of the Code, and such contract may be held or issued in the name of the Plan Administrator, or such custodian as the Plan Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shallexist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan.
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from time to time be deemed to be reasonable and necessaryto meet obligations under the Plan or otherwise to be in the best interests of the Plan.

Agenda Item #7.7.

DRAFT - DO NOT SIGN
(e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, theEmployer, or any nominee or agent of any of the foregoing, including the Plan Administrator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central depository even though, whenso deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding title to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary orrepresentative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust.
(f) Upon such terms as may be deemed advisable by the Employer or the Plan Administrator, as the case maybe, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plan, to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (g) Toemploy suitable consultants, depositories, agents, and legal counsel on behalf of thePlan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nomineeor agent of the foregoing, including the Plan Administrator, in any bank or banks.
(i) Todo any and all other acts that may be deemed necessary to carry out any of the powers set forthherein.

III. Taxes and Expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of the Plan Administrator, as may be agreed upon from time to time by the Employer and the Plan Administrator, and reimbursement for reasonable expenses incurred by the Plan Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust.

However, no person who is a fiduciary within the meaning of section 3(21)(A) of ERISA and regulations promulgated thereunder, and who receives full-time pay from the Employer may receive compensation fromthe Trust, except for expenses properly and actually incurred.

IV. Payment of Benefits. The payment of benefits from the Trust in accordance with the terms of the Plan may bemade by the Plan Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. Benefits under the Plan shall be paid only if the Plan Administrator, custodian or other person, or the Employer if directing such person, decides in his/her discretion that the applicant is entitled to them. The Plan Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer.

Agenda Item #7.7.

DRAFT - DO NOT SIGN
V. Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances, as of that Accounting Date. For purposes of this Trust, all Account balances include the Account balances of all Participants and Beneficiaries.

VI. Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with Section 13.03of the Plan. Such Accounts shall not share in any investment income and gains or losses of the investment funds described in Section 6.01.

SIGNATURE & DATE
Employer & Trustee: (“the Employer”)
Signature of Authorized Representative:

Print Name:

Title:

Attest:

Date: _ _ / _ _ / _ _ _ _
(M) (D) (Y)
52582-0621-W2777
Agenda Item #7.7.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution amending the City of St. Helena Conflict of Interest Code pursuant to the Political Reform Act of 1974
CEQA
Determination:

Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of St. Helena (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code.

DISCUSSION
Subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Code. The amendments include listing new positions that must be designated, revises titles of existing positions, revise disclosure categories and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

Notices of these amendments were provided to the public and all affected designated positions as required under the Political Reform Act and FPPC Regulations.

A redlined version of the proposed amended Conflict of Interest Code is attached.

Agenda Item #7.8.

FISCAL IMPACT
None

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

ATTACHMENTS
Attachment 1 - Regulation 18730.Provisions-of-Conflict-of-Interest-Codes-c1 Attachment 2 - St. Helena - Notice of Intention 2022-c1 Attachment 3 - St Helena - CIC - 2022 (Legislative)-c1
Attachment 4 - St. Helena - CIC - Resolution 2022-c1
Attachment 5 - St Helena - CIC - 2022 - Final-c1
Agenda Item #7.8.

1 2/22/21 Amend 18730
1 Amend 2 Cal. Code Regs., Section 18730 to read:
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

Agenda Item #7.8.

2 2/22/21 Amend 18730
1 (3) Section 3. Disclosure Categories.
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her the employee’s statement of economic interests those economic interests he or she the employee has which are of the kind described in the disclosure categories to which he or she the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she the employee foreseeably can affect materially through the conduct of his or her the employee’s office.
(4) Section 4. Statements of Economic Interests: Place of Filing.

Agenda Item #7.8.

3 2/22/21 Amend 18730
1 The code reviewing body shall instruct all designated employees within its code to file 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her the person’s return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her the person’s military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Agenda Item #7.8.

4 2/22/21 Amend 18730
1 Any person who resigns within 12 months of initial appointment, or within 30 days of the date of 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she the person did not make or participate in the making of, or use his or her the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her the person’s appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 Agenda Item #7.8.

5 2/22/21 Amend 18730
1 months prior to the date of assuming office or the date of being appointed or nominated, 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property 3is required to be reported, 4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property; Agenda Item #7.8.

6 2/22/21 Amend 18730
1 4. A statement whether the fair market value of the investment or interest in real property 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, 5the statement shall contain:

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

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.

Agenda Item #7.8.

7 2/22/21 Amend 18730
1 (D) Business Position Disclosure. When business positions are required to be reported, a 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
designated employee shall list the name and address of each business entity in which he or she the employee is a director, officer, partner, trustee, employee, or in which he or she the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her the member’s or employee’s statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar Agenda Item #7.8.

8 2/22/21 Amend 18730
1 year from any single source, if the member or employee would be required to report the receipt 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
of income or gifts from that source on his or her the member’s or employee’s statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has Agenda Item #7.8.

9 2/22/21 Amend 18730
1 direction and control. This subdivision shall not apply to loans made by banks or other financial 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998.

Agenda Item #7.8.

10 2/22/21 Amend 18730
1 (8.3) Section 8.3. Loan Terms.
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her the officer’s election to office through the date he or she the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

Agenda Item #7.8.

11 2/22/21 Amend 18730
1 2. If the loan has no defined date or dates for repayment, when one year has elapsed from 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

Agenda Item #7.8.

12 2/22/21 Amend 18730
1 No designated employee shall make, participate in making, or in any way attempt to use 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 his or her the employee’s official position to influence the making of any governmental decision which he or she the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is Agenda Item #7.8.

13 2/22/21 Amend 18730
1 needed to break a tie does not make his or her the employees’ participation legally required for 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she the employee should not make a governmental decision because he or she the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

Agenda Item #7.8.

14 2/22/21 Amend 18730
1 (12) Section 12. Violations.
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. ____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, Agenda Item #7.8.

15 2/22/21 Amend 18730
1 spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 2 3
4 5
6 7
8 9
10 11
percent or greater.
5 A designated employee's income includes his or her the employee’s community property interest in the income of his or her the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

Agenda Item #7.8.

83578.00000\40716344.1

NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE
CITY OF ST. HELENA
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Helena (the "City") intends to amend the City's Conflict of Interest Code (the "Code") pursuant to Government Code Section 87306.

A conflict of interest code designates those employees, members, officers and consultants who make or participate in the making of governmental decisions which may affect their financial interests. The City's proposed amendment includes a new position that must be designated, revises titles of existing positions, revise disclosure categories and delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions.

The proposed amended Code will be considered by the City Council on September 27, 2022, at 6:00 p.m., Vintage Hall Board Room - Second Floor, 465 Main Street during a the City Council meeting. Any interested person may email a public comment to [email protected] or provide public comment at the public meeting. Any comments or inquiries should be directed to the attention of Cindy Tzafopoulos, City Clerk, 1572 Railroad Avenue, St. Helena, Ca. 94574; (707) 968-2742. Written comments must be submitted no later than September 27, 2022, at 4:00 p.m.

The proposed amended Code may also be reviewed at, and copies obtained from, the office of the City Clerk, by appointment only during regular business hours.

Agenda Item #7.8.

83578.00000\40716317.2
Conflict of Interest Code
Of the City of St. Helena
(Amended September 8, 2020 September 27, 2022)
The Political Reform Act (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission adopted 2 Cal. Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency's code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.

Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of St. Helena ("City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, all other officials and designated positions required to submit a statement of economic interests shall file their statements using St. Helena City eDisclosureDocs system. The City Clerk shall make all statements available for public inspection on the City's website and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training every two years as required pursuant to Government Code section 53235 (AB 1234). The City Clerk, as the City's Filing Officer, shall provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
Agenda Item #7.8.

83578.00000\40716317.2

APPENDIX

CONFLICT OF INTEREST CODE
OF THE
CITY OF ST. HELENA
PART “A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other city officials who manage public investments, as defined by 2 Cal. Code of Regs, section 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. (Regulation § 18730(b)(3)).

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are "other city officials" who manage public investments.1 These positions listed here for informational purposes only.

Administrative Services Director
Finance Director
Finance Manager [Position being reclassified as Administrative Services Director] 1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

Agenda Item #7.8.

83578.00000\40716317.2

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Assistant Administrative Services Director 4
Assistant City Manager 1, 2
Assistant to the City Manager 4
Asst. City Attorney 1, 2
Chief of Police 5
Police Lieutenant 5
Fire Chief 5
Assistant Fire Chief 5
Fire Captain 5
Planning and Building Director Community Development
Director 1, 2
Senior Planner 2, 3, 6
Associate Planner 2, 3, 6
Chief Building Official 2, 3, 6
City Clerk 5
Human Resources and IT Director [Reorganization consolidating HR Department with Finance Department into Administration Services Department] 4 Public Works Director and City Engineer 1, 2
Parks & Recreation Director 5
Recreation Manager 5
Library Director 5
Assistant Public Works Director 5
Management Analyst 5
Public Works Operations Manager 5
Public Works Assistant Operations Manager 5
Senior Civil Engineer 2, 3, 5
Consultants 2
Note: Electronic Statements of Economic Interest for the following are electronically sent to the Fair Political Practices Commission: City Manager, City Attorney, City Treasurer, Finance Director, Mayor and City Council, and Planning Commissioners. 2 Consultants. Contract consultants shall disclose their material financial interests in regard to all of the disclosure categories, subject to the following limitation:

The City Manager may determine in writing on a case-by-case basis that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this Appendix. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Agenda Item #7.8.

83578.00000\40716317.2
PART "B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property that the designated employee must disclose for each disclosure category to which he or she the designated is assigned 3. "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property that are located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the City.

Category 5: Ali investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the designated employee's department, unit, or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments from business entities subject to the regulatory, permit, or licensing authority of the designated employee's department, unit, or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside the City's jurisdiction if the source does not have some connection with, or bearing upon, the functions or duties of the position. Regulation § 18730.1.

Agenda Item #7.8.

83578.00000\40716306.1
RESOLUTION NO. ________
RESOLUTION RESCINDING RESOLUTION 2020-89 AND ADOPTING A REVISED

CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 FOR THE CITY OF ST. HELENA

RECITALS
A. The City of St. Helena is required to adopt a Conflict of Interest Code by the Political Reform Act of 1974 (Government Code section 81000 et. seq.) (hereinafter referred to as "Act").

B. The Fair Political Practices Commission (hereinafter referred to as "FPPC") has adopted a regulation (2 California Code of Regulations section 18730) containing a model Conflict of Interest Code ("Model Code"), which if adopted by reference along with a list of designated employees required to file Statements of Economic Interest and a list of what types of economic interests those designated employees are required to disclose, will constitute the Conflict of Interest Code required by the Act.

C. The City Council has adopted a Conflict of Interest Code for the City, which is reviewed biennially to determine whether amendments are required and has been amended over time to incorporate changes in regulations, departmental organizational structure and changes in job classifications.

D. The current Conflict of Interest Code for the City was adopted by the City Council on September 8, 2020 via Resolution No. 2020-89.

E. Resolution No. 2020-89 adopted the Model Code by reference, as it may be amended from time to time by the FPPC, and a list of designated employees and disclosure categories attached as Appendix "A" to the resolution.

F. The Council desires to revise the list of designated employees and disclosure categories required to file a Statement of Economic Interest contained in Appendix "A" to Resolution No. _______.

Agenda Item #7.8.

83578.00000\40716306.1

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

1. The Recitals above are incorporated herein by this reference, and the adoption of the Model Code, as it may be amended from time to time by the FPPC, is hereby confirmed.

2. Appendix "A" to Resolution No. 2020-89 is hereby rescinded and replaced by Exhibit "A" to this Resolution.

Approved at a Regular Meeting of the St. Helena City Council on September 27, 2022, by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Council Member Chouteau:

Council Member Hardy:

Council Member Hall:

APPROVED:
____________________________
Geoff Ellsworth, Mayor
ATTEST:
___________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.8.

83578.00000\40716317.3
Appendix A
Conflict of Interest Code
Of the City of St. Helena
(Amended September 27, 2022)
The Political Reform Act (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission adopted 2 Cal. Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency's code. After public notice and hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation (attached) and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of St. Helena ("City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, all other officials and designated positions required to submit a statement of economic interests shall file their statements using St. Helena City eDisclosureDocs system. The City Clerk shall make all statements available for public inspection on the City's website and reproduction during regular business hours. (Gov.

Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training every two years as required pursuant to Government Code section 53235 (AB 1234). The City Clerk, as the City's Filing Officer, shall provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) Agenda Item #7.8.

83578.00000\40716317.3

APPENDIX

CONFLICT OF INTEREST CODE
OF THE
CITY OF ST. HELENA
PART “A"
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other city officials who manage public investments, as defined by 2 Cal. Code of Regs, section 18700.3(b), are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq. (Regulation § 18730(b)(3)).

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are "other city officials" who manage public investments.1 These positions listed here for informational purposes only.

Administrative Services Director
Finance Director
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

Agenda Item #7.8.

83578.00000\40716317.3

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS'

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Assistant Administrative Services Director 4
Assistant City Manager 1, 2
Assistant to the City Manager 4
Asst. City Attorney 1, 2
Chief of Police 5
Police Lieutenant 5
Fire Chief 5
Assistant Fire Chief 5
Fire Captain 5
Community Development Director 1, 2
Senior Planner 2, 3, 6
Associate Planner 2, 3, 6
Chief Building Official 2, 3, 6
City Clerk 5
Public Works Director and City Engineer 1, 2
Parks & Recreation Director 5
Recreation Manager 5
Library Director 5
Assistant Public Works Director 5
Management Analyst 5
Public Works Operations Manager 5
Public Works Assistant Operations Manager 5
Senior Civil Engineer 2, 3, 5
Consultants 2
Note: Electronic Statements of Economic Interest for the following are electronically sent to the Fair Political Practices Commission: City Manager, City Attorney, City Treasurer, Finance Director, Mayor and City Council, and Planning Commissioners. 2 Consultants. Contract consultants shall disclose their material financial interests in regard to all of the disclosure categories, subject to the following limitation:

The City Manager may determine in writing on a case-by-case basis that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this Appendix. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Agenda Item #7.8.

83578.00000\40716317.3
PART "B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property that the designated employee must disclose for each disclosure category to which the designated is assigned3. "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are located in, do business in, or own real property within the jurisdiction of the City.

Category 2: All interests in real property that are located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the City.

Category 5: Ali investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from business entities that provide services, products, supplies, materials, machinery, vehicles, or equipment of a type purchased or leased by the designated employee's department, unit, or division.

Category 6: All investments and business positions in business entities and sources of income, including gifts, loans and travel payments from business entities subject to the regulatory, permit, or licensing authority of the designated employee's department, unit, or division.
3 This Conflict of Interest Code does not require the reporting of gifts from outside the City's jurisdiction if the source does not have some connection with, or bearing upon, the functions or duties of the position. Regulation § 18730.1.

Agenda Item #7.8.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration of Resolution rescinding Resolution 2021-32 and extending a portion of Hunt Avenue to the City's List of Red Zones (parking prohibitions)
CEQA
Determination:

Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
City Staff received correspondence from a resident regarding bicyclist and pedestrian safety near the intersection of Hunt Avenue and Monte Vista Avenue. The resident reported a near-miss between her husband and a vehicle due to eastbound traffic on Hunt Avenue having to navigate a semi-blind right-hand turn immediately east of the intersection with Monte Vista Avenue. It was reported the resident’s husband had been westbound on his bicycle when a vehicle exited the eastbound lane, to avoid legally parked cars on the side of the road, and crossed the center dividing line nearly impacting her husband.

City Staff reviewed the correspondence, the area where the near-miss occurred, the City’s bicycle and pedestrian plan and the feasibility of the resident’s suggested remedy and presents the following discussion.

DISCUSSION
The resident provided, in her correspondence, her opinion on the reason for the nearmiss incident and a potential remedy. The suggested remedy is to eliminate some street parking along the eastbound side of Hunt Avenue by continuing the red curb by an additional 2 parking spaces.

Agenda Item #7.9.

Hunt Avenue is a narrow residential street with a 25MPH speed limit. Street parking is prohibited on the eastbound side on the approach and through the turn identified in the resident’s letter. Street parking is permitted immediately beyond the turn. Existing structures and landscaping prevent eastbound drivers from viewing legally parked cars located immediately beyond the turn.

The 25MPH speed limit on Hunt Avenue were expected to mitigate any hazards related to these conditions, however not all drivers obey the speed limit. At this intersection, eastbound drivers can be “surprised” by legally parked vehicles leading them to swerve into the opposing lane of traffic to avoid parked cars and endangering oncoming vehicles and bicyclists.

Hunt Avenue is too narrow to permit Class 2 bike lanes in addition to the existing two drive lanes, street parking and sidewalk. Visibility around the right-hand curve cannot be improved without the elimination of mature landscaping located on private property.

Extending the existing parking restriction (red curb) an additional 2 parking spaces is the only remaining option that would remedy the conditions leading to the near-miss reported by the resident.

The St. Helena Bicycle and Pedestrian Plan (2012) lists Hunt Avenue as a recommended Bicycle Boulevard. While improvements to Hunt Avenue have not yet been proposed, the Bicycle and Pedestrian Plan shows the City’s commitment to multi-modal transportation on Hunt Avenue. Because of this and the lack of other multi-modal alternatives, Public Works is supporting and recommends the extension of existing parking restrictions (red curb) an additional 2 parking spaces (approximately 44 feet) on the eastbound side of Hunt Avenue. Authorization to implement parking restrictions requires Council approval via Resolution.

FISCAL IMPACT
Work could be completed by Public Works Staff during normal business hours and using readily available paint. Cost to complete work is <$1,000 for labor and materials.

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
Hunt Avenue
Attachment 1_ Resolution.Resolution rescinding Resolution 2021-32.Red Zones Agenda Item #7.9.

Agenda Item #7.9.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution rescinding Resolution 2021-32 and adding
portion of Hunt Avenue to the City’s List of Red Zones
(parking prohibitions)

RECITALS
The Police Chief, Fire Chief and the Public Works Director have identified certain locations for which no parking is recommended in addition to those already in existence.

New locations are identified with an underline in the following resolution. Locations not marked by an underline are
locations already designated as no parking zones.

RESOLUTION

1. No parking zones or No stopping zones established
within Resolution No. 2021-32 are hereby rescinded
except to the extent that they are re-established
below in this resolution.

2. For purposes of this resolution:
"Curb" means the concrete curbing installed along
the side of the street or roadway or, if there is none, the edge of the traveled portion of the street or
roadway.
"Intersection" means the point established by
extending curb lines of the designated streets without
regard for an arced curb installed to provide a turning radius between roadways.

3. Pursuant to Sections 10.10 and 10.11.1 of the City
Code the following locations are designated as no
parking or no stopping zones within which parking of
vehicles on City streets is prohibited.

4. The new restrictions would not go into effect until the proposed paving and striping improvements for
Grayson Avenue and South Crane Avenue are
constructed.

A) ADAMS STREET
Agenda Item #7.9.

1. Commencing at the northeast intersection of
Adams and Kearney Streets thence 25 feet
easterly along the north side of Adams Street.

2. Commencing at the southeast intersection of
Adams and Kearney Streets thence 72 feet
westerly along the south side of Adams Street.

3. Commencing at the southeast intersection of
Adams Street and Money Way thence 30 feet
easterly along the south side of Adams Street.

4. Commencing at the southeast intersection of
Adams Street and Napa Valley Wine Train
Tracks thence easterly 30 feet along the south
side of Adams Street.

5. Commencing at the southeast intersection of
Adams Street and Main Street 42 feet easterly
to the point of beginning, thence 20 feet
easterly along the south side of Adams Street.

6. Commencing on the south side of Adams
Street 138 feet easterly from Main Street
thence 20 feet easterly along the south side of
Adams Street.

7. Commencing at the northwest intersection of
Adams Street and Railroad Avenue thence
westerly 28 feet along the north side of Adams
Street.

8. Commencing at a point 65 feet east of Main
Street thence easterly 20 feet along the north
side of Adams Street.

9. Commencing at the northeast intersection of
Adams Street and Oak Avenue thence easterly
20 feet on the north side of Adams Street.

10. Commencing at the southeast intersection of
Adams Street and Oak Avenue thence easterly
30 feet along the south side of Adams Street.

11. Commencing at the northeast intersection of
Adams Street and Oak Avenue thence easterly
25 feet along the north side of Adams Street.

Agenda Item #7.9.

12. Commencing at the southwest intersection of
Adams Street and Main Street thence westerly
31 feet along the south side of Adams Street.

13. Commencing at the westerly edge of the
westerly driveway of 899 Adams Street thence
westerly 30 feet along the south side of Adams
Street.

14. Commencing at the easterly edge of the most
easterly driveway of the 1010 Adams Street
Bank Building and Pharmacy, thence easterly
thirty (30) feet along the south side of Adams.

B) ALEXANDER COURT

1. Commencing at the southerly intersection of
Alexander Court and Main Street thence
westerly along the north side of Alexander
Court 160 feet, thence northerly along a curve
to the right 160 feet, thence easterly along the
southerly side 160 feet to the northerly
intersection of Alexander Court and Main
Street.

Agenda Item #7.9.

C) CHARTER OAK

1. Commencing at the northeast intersection of
Charter Oak and Wine Train Railroad Tracks
thence easterly 180 feet along the north side of
Charter Oak.

2. Commencing at the southeast intersection of
Charter Oak and Wine Train Railroad Tracks
thence easterly 197 feet along the south side
of Charter Oak.

3. Commencing at the east intersection of Allison
Avenue and Charter Oak thence along both
sides of Charter Oak Avenue to the easterly
end of the street.

D) CHILES AVENUE

1. Beginning at a point lying 84 feet westerly of the
northwest bridge abutment corner at Pope
Street crossing Sulphur Creek; thence
northwesterly 58 feet along the east curb at
Chiles Avenue and Pope Street.

2. Beginning at a point lying 154 feet westerly of the
northwest bridge abutment corner at Pope
Street crossing Sulphur Creek; thence
northerly 84 feet along the west curb at Chiles
Avenue and Pope Street.

E) CHURCH STREET

1. Commencing at the southeast
intersection of Church Street and Hunt Avenue
thence southerly along the east side of Church
Street to the northeasterly intersection of Pope
Street.

2. West side of Church Street five (5) feet
north and five (5) feet south of the entrance
and exit driveway of the parking lot of the
business located at 1120 Pope Street.

F) COLLEGE AVENUE

1. Commencing at the southeast intersection of
College Avenue and Pope Street thence
Agenda Item #7.9.

southerly 360 feet along the east side of
College Avenue.

2. Commencing at the southwest intersection of
College Avenue and Pope Street thence
southerly 360 feet along the west side of
College Avenue.

G) DOWDELL LANE

1. Commencing at the east right-of-way of the Wine
Train crossing at Dowdell Lane thence easterly
180 feet along the north and south side of Dowdell
Lane.

2. Commencing at the driveway to 899 Dowdell Lane
thence 12 feet in both the easterly and westerly
direction from the edge of said driveway a
distance of 12 feet along the northerly side of
Dowdell Lane.

3. DOWDELL AND MCCORMICK
a. Commencing at the southeast intersection of
McCormick Street and Dowdell Lane thence
25 feet northwesterly along the east side of
McCormick Street.
b. Commencing at the southeast intersection of
McCormick Street and Dowdell Lane thence
28 feet northeasterly along the south side of
Dowdell Lane.

H) EDWARDS STREET

1. Commencing at the southeast corner of Edwards
Street and Hunt Avenue thence southerly 20
feet along the east side of Edwards Street.

2. Commencing at the southwest corner of Edwards
Street and Hunt Avenue thence southerly 20
feet along the west side of Edwards Street.

I) EL BONITA AVENUE

1. Commencing at a point 35 feet west of
Community Drive thence westerly 60 feet along
the north side of El Bonita Avenue.

Agenda Item #7.9.

2. Commencing at the intersection of El Bonita
Avenue and Community Drive thence easterly
80 feet along the south side of El Bonita
Avenue.

J) ELMHURST AVENUE

1. Commencing at the northeast intersection of
Elmhurst Avenue and Granger Way thence
easterly 30 feet along the north side of
Elmhurst Avenue.

2. Commencing at the southeast intersection of
Elmhurst Avenue and Spring Mountain Road
thence easterly 75 feet along the south side of
Elmhurst Avenue.

3. Commencing at the intersection of Elmhurst
Avenue and Main Street thence westerly 30
feet along Elmhurst Avenue and thence
northerly 60 feet along Main Street.

Agenda Item #7.9.

K) FULTON LANE

1. Commencing at the northeast and southeast
intersection of Fulton and Main Streets thence
easterly 90 feet along the north and south
sides of Fulton Lane.

2. Commencing at the easterly intersection of Fulton
Lane and Railroad Avenue thence easterly 120
feet along both the north and south sides of
Fulton Lane.

L) GRAYSON AVENUE

1. South side of Grayson Avenue from the southwest
intersection of Main Street and Grayson
Avenue westerly for a distance of 100 feet.

2. North side of Grayson beginning at a point 665
feet westerly of the westerly line of Main Street
then west along the north side of Grayson for a
distance of 1,165.6 feet between the hours of
7:30 a.m. and 3:00 p.m., Mon. - Fri.

3. Commencing at the northeast intersection of
Grayson Avenue and Crane Avenue thence
easterly 50 feet along the north side of
Grayson Avenue. This is a 24-hour “No
Stopping zone.

4. Commencing at a point 50 feet north of the
northeast intersection of Grayson Avenue and
Crane Avenue thence 700 feet along the north
side of Grayson Avenue. This is a “No
Stopping” zone during the hours of 7:30 a.m. –
3:00 p.m. on school days.

5. Commencing at the intersection of the easterly
driveway of the Primary School Parking Lot
and Grayson Avenue thence westerly along
the southerly curb line a distance of 25 feet.

6. Class II Bike lane only, which would require
parking to be prohibited along the south side.

Commencing at the southeast intersection of
Grayson Avenue and South Crane Avenue
thence 700 feet easterly along the south side
of Grayson Avenue.

Agenda Item #7.9.

M) GROVE COURT

1. Commencing at the northeast intersection of
Grove Court and Hunt Avenue thence northerly
205 feet along the east side of Grove Court.

2. Commencing 100 feet northerly of the
northwest intersection of Grove Court and Hunt
Avenue thence northerly 100 feet along the
west side of Grove Court adjacent to the
heritage oak tree.

N) HUNT AVENUE

1. Commencing at the northeast intersection of Hunt
Avenue and Starr Avenue thence westerly 307
feet along the north side of Hunt Avenue.

2. Commencing at the southwest intersection of Hunt
Avenue and Starr Avenue thence westerly 465
feet along south side of Hunt Avenue to 105
feet west of Monte Vista extended center line.

3. Commencing at a point 20’ east of the southeast
intersection of Hunt Avenue and Monte Vista
thence easterly 44’ along the south side of
Hunt Avenue.

4. Commencing at the southeast corner of Hunt
Avenue and Edwards Street thence easterly 40
feet along the south side of Hunt Avenue.

5. Commencing at the southwest corner of Hunt
Avenue and Edwards Street thence westerly
30 feet along the south side of Hunt Avenue.

6. Commencing on the north side of Hunt Avenue
fifteen (15) feet west and fifteen (15) feet east
of the most eastern entrance and exit driveway
of the Safeway parking lot. This is a 24-hour
“No Stopping Zone”.

7. Commencing at a point fourty (40) feet east of the
most eastern entrance and exit driveway of the
Safeway parking lot, thence thirty (30) feet
along the north side of Hunt Avenue.

O) JUNE LANE
Agenda Item #7.9.

1. Commencing at a point lying 184 feet north of the
intersection of Chiles and June Lane; thence
along the east curb to the right a distance of 30
feet to the south curb of Hunt Avenue.

2. Commencing at a point lying 184 feet north of the
intersection of Chiles Avenue and June Lane;
thence along the west curb to the left a
distance of 30 feet to the south curb of Hunt
Avenue.

P) KEARNEY STREET

1. Commencing at the northeast intersection of
Kearney Street and Spring Street thence
northerly along the east side of Kearney Street
to Tainter Street.

2. Commencing 143 feet north of the northeast
corner of Adams Street and Kearney Street
thence northerly a distance of 51 feet along the
east side of Kearney Street.

3. Commencing 399 feet north of the northeast
corner of Adams Street and Kearney Street
thence northerly a distance of 33 feet along the
east side of Kearney Street.

Q) LA FATA STREET

1. Commencing 215 feet southerly from the
southeast corner of La Fata Street and Dowdell
Lane thence 60 feet southerly along the
easterly curb of La Fata Street.

2. Commencing 398 feet southerly from the
southeast corner of La Fata Street and Dowdell
Lane thence 40 feet southerly along the
easterly curb of La Fata Street.

3. Commencing at the driveway to 899 Dowdell Lane
located on La Fata Street thence 12 feet in
both the northerly and southerly
direction from the edge of said driveway a
distance of 12 feet along the westerly side of
La Fata Street.

R) LIBRARY LANE
Agenda Item #7.9.

1. Commencing at the north side of the white painted
load zone at the St. Helena Library at 1480
Library lane, then twenty-one (21) feet along
the east side of Library Lane.

S) MADRONA AVENUE

1. Commencing at the intersection of Madrona
and Oak Avenues thence easterly and westerly
along the north and south sides of Madrona
Avenue 20 feet from each intersection.

2. Commencing at the northwest and southwest
intersections of Madrona Avenue and Main
Street thence westerly 90 feet along the north
and south side of Madrona Avenue.

T) MAIN STREET

1. Commencing at the intersection of Main Street
and Madrona Avenue thence southerly 155
feet along both sides of Main Street.

2. Commencing at the intersection of Main Street
and Madrona Avenue thence northerly 155 feet
along both sides.

3. Commencing at the southwest intersection of
Main Street and Sulphur Springs Avenue
thence 310 feet southerly along the west side
of Main Street.

4. Commencing at Main Street and the Sulphur
Creek bridge thence southerly to Sulphur
Springs Avenue along both sides of Main
Street and northerly 175 feet to Mitchell
Avenue along the west side of Main Street.

5. Commencing at the northwest intersection of
Main Street and Mitchell Drive thence northerly
20 feet.

6. Commencing at the intersection of Main Street
and Spring Street thence 25 feet southerly
along the west side.

7. Commencing at the southeast intersection of
Main Street and Adams Street thence
southerly 50 feet along the east side.

Agenda Item #7.9.

8. Commencing at the southeast intersection of
Main Street and Adams Street 120 feet
southerly to the point of beginning thence
southerly 37 feet along the east side.

9. Commencing at the intersection of Main Street
and Hunt Avenue thence northerly and
southerly 30 feet along the east side.

10. Commencing at the intersection of Main Street
and Spring Street 145 feet northerly to a point
of beginning thence northerly 22 feet along the
east side.

11. Commencing at the Main Street crosswalk at
the south line of Spring Street thence southerly
24 feet along the east side of Main Street.

12. Commencing at the northwest intersection of
Main Street and Adams Street thence northerly
35 feet along the west side.

13. Commencing at the southwest intersection of
Main Street and Adams Street thence
southerly 40 feet along the west side.

14. Commencing at the northwest intersection of
Main Street and Spring Street 540 feet
northerly to a point of beginning thence
northerly 30 feet along the west side.

15. Commencing at the northwest intersection of
Main Street and Spring Street 230 feet
northerly to a point of beginning thence
northerly 90 feet along the west side.

16. Commencing at the northwest intersection of
Main Street and Spring Street thence northerly
40 feet along the west side.

17. Commencing at the northwest intersection of
Main Street and Elmhurst 400 feet to a point of
beginning thence northerly 330 feet along the
west side of Main Street.

18. Commencing at the southeast intersection of
Main Street and Pope Street thence southerly
170 feet along the east side of Main Street.

Agenda Item #7.9.

19. Commencing at the southeast intersection of
Main Street and Pine Street thence south a
distance of 28 feet along the east side of Main
Street.

20. Commencing at the southwest intersection of
Main Street and Pine Street thence south a
distance of 28 feet along the west side of Main
Street.

21. West side of Main Street from a point one
hundred (100) feet south of Grayson Avenue
southerly a distance of one thousand six
hundred ninety (1,690) feet.

22. East side of Main Street from the south line of
Grayson Avenue southerly a distance of one
thousand five hundred eighty-five (1,585) feet.

23. East side of Main Street beginning at a point
one thousand five hundred eighty-five (1,585)
feet south of the south line of Grayson Avenue,
southerly for a distance of two hundred
eighteen (218) feet between the hours of 7:30
a.m. and 5:30 p.m.

24. East side of Main Street beginning at a point
one thousand eight hundred three (1,803) feet
south of the south line of Grayson Avenue,
southerly for a distance of two hundred
seventy-two (272) feet.

25. West side of Main Street from the northwest
corner of Main Street and Grayson Avenue
approximately 85 feet across the frontage of
A&W Restaurant located at 501 Main Street.

26. Commencing at the southwest corner of Main
Street and the York Creek Bridge thence south
360 feet along the west side of Main Street.

27. Commencing at the northeast corner of Pratt
Avenue and Main Street thence north along the
west side of Main Street to the York Creek
Bridge

28. Commencing at a point 45 feet north of the
northeast intersection of Main Street and Pope
Street thence north 29 feet along the east side
of Main Street.

Agenda Item #7.9.

29. Commencing at Deer Park Road south along
both sides of Main Street to the York Creek
Bridge.*
*The area in the Tunnel of Trees is a “No
Stopping” zone on both sides of Main Street.

30. Commencing at a point 99 feet west of the
northwest intersection of Main Street and Pine
Street thence 22 feet west along the north side
of Pine Street.

31. Commencing at the southwest corner of Main
Street and Charter Oak extending westerly 50
feet on the south side of Charter Oak. This is a
24 Hour “No Parking” Zone.

32. Commencing at the intersection of Main Street
and Elmhurst Avenue thence southerly 30 feet
along the west side of Main Street.

33. Commencing at the intersection of Main Street
and Elmhurst Avenue thence northerly 60 feet
along the west side of Main Street.

34. Commencing at a point 25 feet south of the
southeast intersection of Britton Way thence
southerly 88 feet along the east side of Main
Street. This is a “No Parking” zone and
reserved for transit buses.

U) McCORMICK AVENUE

1. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 170 feet
southerly to a point of beginning thence
southerly 15 feet along the west side of
McCormick Street.

2. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 310 feet
southerly to a point of beginning thence
southerly 30 feet along the west side of
McCormick Street.

3. Commencing at the northwest intersection of
McCormick and Vintage Streets 320 feet
northerly to the point of beginning thence
Agenda Item #7.9.

northerly 25 feet along the west side of
McCormick Street.

4. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 530 feet
southerly to the point of beginning thence 20
feet southerly along the east side of
McCormick Street.

5. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 270 feet
southerly to the point of beginning thence 50
feet southerly along the east side of
McCormick Street.

V) MITCHELL DRIVE

1. Commencing at the southwesterly intersection
of Mitchell Drive and St. James Drive thence
westerly along the south side of Mitchell Drive
to the southeast intersection of North Crane
and Mitchell Drive and easterly 300 feet.

2. Commencing at the southwest intersection of
Mitchell and Main Street thence 80 feet
westerly along the south side of Mitchell Drive.

3. Commencing 230 feet west of the intersection
of Main Street and Mitchell Drive thence 88
feet westerly along the south side of Mitchell
Drive.

4. Commencing at the northwest intersection of
Mitchell Drive and Oak Avenue thence 50 feet
westerly along the northerly side of Mitchell
Drive.

5. Commencing at the easterly corner of the most
easterly intersection of Mitchell Drive and St.

James Drive, thence ninety (90) feet along the
south side of Mitchell Drive.

W) MONTE VISTA AVENUE

1. Commencing at the cul de sac northerly of
Hunt Avenue thence around the perimeter of
the 25 foot diameter island.

Agenda Item #7.9.

X) OAK AVENUE

1. Commencing at the southwest intersection of
Oak Avenue and Hillview Place thence
southerly 65 feet.

2. Commencing at the northeast, northwest, and
southwest intersections of Oak Avenue and
Pine Street thence 20 feet northerly and
southerly along the east and west sides of Oak
Avenue.

3. Commencing at the southwest intersection of
Oak Avenue and Pine Street thence 30 feet
southerly along the west side of Oak Avenue.

4. Commencing at the northeast intersection of
Oak Avenue and Adams Street thence
northerly 18 feet.

5. Commencing at the southwest intersection of
Oak Avenue and Tainter Street 55 feet
southerly to a point of beginning thence
southerly 20 feet on the west side of Oak
Avenue.

6. Commencing at a point easterly of the
southwest intersection of Oak Avenue and
Tainter Street thence southerly 22 feet along
the east side of Oak Avenue at the crosswalk.

7. Commencing at the northwest intersection of
Oak Avenue and Spring Street thence
northerly 20 feet along Oak Avenue.

8. Commencing at the point of curvature of the
southeasterly curve on the east side of Oak
Avenue thence southeasterly 160 feet to the
point of tangency with the north side of Mitchell
Drive.

9. Beginning at a point 339 feet north of Spring
Street extending northerly to a point 419 feet
on the east side of Oak Avenue.

10. Beginning at the northwest corner of Oak
Avenue and Tainter Street thence extending
northerly 35 feet on Oak Avenue.

Agenda Item #7.9.

11. Twenty (20) feet southerly from the driveway at
1255 Oak Avenue.

Y) PINE STREET

1. Commencing at the northwest intersection of
Pine Street and Main Street thence along the
north side of Pine Street to Oak Avenue
excepting a 25 foot yellow zone terminating
180 feet from the northeast intersection of Pine
Street and Oak Avenue.

2. Commencing at the northwest and southwest
intersections of Pine Street and Oak Avenue
thence westerly 20 feet.

3. Commencing at the southeast intersection of
Pine Street and Oak Avenue thence easterly
20 feet.

4. Commencing at the southwest intersection of
Pine Street and Main Street thence westerly 10
20 feet.

5. Commencing at the southeast intersection of
Pine Street and Main Street thence easterly
115 feet.

6. Commencing at the northeast intersection of
Pine Street and Main Street easterly 140 feet.

Z) PINOT WAY

1. Commencing at the centerline of the
utility and pedestrian access alley that
connects Pinot Way to Sylvaner Avenue
thence southwesterly 10 feet and northeasterly
10 feet creating a 20 foot long segment
centered on the end of the alley.

AA) POPE STREET

1. Commencing at the southeast and northeast
intersections of Pope Street and Main
Street thence east 80 feet to the Wine Train
railroad right-of-way.

2. Commencing at the east terminus of Pope
Street at the Napa River thence westerly along
Agenda Item #7.9.

Stonebridge Park 345 feet on the north side of
Pope Street.

3. Commencing at the northeast corner of Paseo
Grand Drive and Pope Street then easterly 154
feet on the north side of Pope Street.

4. Commencing at the east terminus of Pope
Street at the Napa River thence westerly 400
feet along the south side of Pope Street.

5. Commencing at the southeast intersection of
Pope Street and College Avenue thence 340
feet easterly along the south side of Pope
Street.

6. Commencing at the southwest intersection of
Pope Street and College Avenue thence 680
feet westerly along the south side of Pope
Street.

7. Commencing at the intersection of Pope Street
and College Avenue thence easterly 680 feet
on the north side of Pope Street.

8. Commencing at the northeast intersection of
Pope Street and Church Street thence easterly
35 feet along the north side of Pope Street.

9. Commencing at the southeast intersection of
Pope Street and the Napa Valley Wine Train
Tracks thence easterly 25 feet along the south
side of Pope Street.

10. Commencing at the northeast intersection of
Pope Street and the Napa Valley Wine Train
Tracks thence easterly 145’ to the intersection
of Pope Street and Church Street.

11. Commencing at the Northeast intersection of
Pope Street and Chiles Ave thence easterly
950 feet along the north and south sides of
Pope Street.

12. Commencing at the northwest intersection of
Pope Street and Starr Avenue thence westerly
392 feet along the north side of Pope Street.

AB) PRATT AVENUE
Agenda Item #7.9.

1. Commencing at the southeastern intersection
of Pratt Avenue and the Napa Valley Wine
Train and thence easterly a distance of 570
feet along the south shoulder of Pratt Avenue.

2. Commencing at the northeastern intersection
of Pratt Avenue and Main Street and thence
easterly a distance of 300 feet along the north
shoulder of Pratt Avenue.

AC) RAILROAD AVENUE

1. Commencing at the northwest intersection of
Railroad Avenue and Adams Street thence 31
feet north along the west side of Railroad
Avenue.

2. Commencing at a portion 400 feet north of the
northeast corner of the intersection of Adams
Street and Railroad Avenue thence north a
distance of 50 feet along the east side of
Railroad Avenue.

3. Commencing at the south exit of the City
Parking lot on Railroad Avenue thence south a
distance of 16 feet.

4. Commencing at the north side of the south exit
of the City Parking lot on Railroad Avenue
thence north a distance of 24 feet.

5. Commencing at the north exit of the City
Parking lot on Railroad Avenue thence north a
distance of 20 feet.

6. Commencing at the north exit of the City
Parking lot on Railroad Avenue thence south a
distance of 15 feet.

7. Commencing at the curb beginning at the Napa
Valley Wine Train tracks at the northeast
corner of the intersection of Adams Street and
Railroad Avenue northward through the curb
return and thence northerly a distance of 281
feet along the east side of Railroad Avenue.

AD) SILVERADO TRAIL
Agenda Item #7.9.

1. Commencing at the southeast intersection of
Howell Mountain Road and Silverado Trail
thence south 400 feet along the east side of
Silverado Trail.

AE) SOUTH CRANE AVENUE

1. Commencing at the southeast intersection of
South Crane Avenue and Grayson Avenue
thence southerly 50 feet along the east side of
South Crane Avenue. This is a 24-hour “No
Stopping” zone.

2. Commencing at a point 433 feet south of the
southeast intersection of South Crane Avenue
and Grayson Avenue thence southerly 30 feet
along the east side of South Crane Avenue.

This is a “No Stopping” zone during the hours
of 7:30 a.m. – 3:00 p.m. on school days.

3. Commencing at the northeast intersection of
South Crane Avenue and Grayson Avenue
thence northerly 50 feet along the east side of
South Crane Avenue. This is a 24-hour “No
Stopping” zone.

4. Commencing at a point 50 feet north of the
northeast intersection of South Crane Avenue
and Grayson Avenue thence northerly 450 feet
along the east side of South Crane Avenue to
the bridge. This is a “No Stopping” zone
during the hours of 7:30 a.m. – 3:00 p.m. on
school days.

5. Class II Bike lanes only, which would require
parking to be prohibited along the east side.

Commencing at the southeast intersection of
Grayson Avenue and South Crane Avenue
thence 800 feet southerly along the east side
of South Crane Avenue.

6. Class II Bike Lanes only, which would require
parking to be prohibited along the west side.

Commencing at the southwest intersection of
Grayson Avenue and South Crane Avenue
thence 800 feet southerly along the west side
of South Crane Avenue.

Agenda Item #7.9.

AF) SPRING STREET

1. Commencing at the northwest intersection of
Spring Street and Main Street thence westerly
35 feet along the north side of Spring Street.

2. Commencing at the northwest intersection of
Spring Street and Main Street westerly 120
feet to a point of beginning thence westerly 30
feet along the north side of Spring Street.

3. Commencing at the shopping center driveway
at the intersection of Spring Street and Money
Way thence 15 feet westerly and 65 feet
easterly along the south side of Spring Street.

4. Commencing at the northeast and the
southeast intersections of Spring Street and
Oak Avenue thence 33 feet easterly along
Spring Street.

5. Commencing at the northwest and southwest
intersections of Spring Street and Oak Avenue
thence 33 feet westerly along Spring Street.

6. Commencing at the southwest intersection of
Spring Street and Oak Avenue westerly 70 feet
to a point of beginning thence westerly 70 feet
along the south

7. Commencing at the southwest intersection of
Spring Street and Oak Avenue westerly 25 feet
to a point of beginning thence westerly 50 feet
along the south side.

8. Commencing at the intersection of Spring
Street and Kearney Street thence easterly 60
feet along the south side.

9. Commencing at the northwest intersection of
Spring Street and Kearney Street 70 feet
westerly to a point of beginning thence 60 feet
westerly along Spring Street.

10. Commencing at the northwest intersection of
Spring Street and East Sylvaner 135 feet
westerly to a point of beginning thence 70 feet
westerly along Spring Street.

Agenda Item #7.9.

11. Twenty (20) feet on both sides of driveway at
2322 Spring Street.

12. Twenty (20) feet on west side of driveway and
that strip on the easterly side to adjacent
driveway at 1428 Spring Street.

13. Twenty (20) feet east from the west driveway
and twenty (20) feet from both sides of the east
driveway at 1343 Spring Street.

14. Ten (10) feet from both sides of the driveway to
the parking lot east of the building at 1313
Spring Street.

15. Commencing on the southwest intersection of
Spring Street and Valley View thence
southwesterly along the south side of Spring
Street to the southeast intersection of West
Sylvaner Avenue.

16. Class II Bike lanes only, which would require
parking to be prohibited along the south side.

The vehicle travelway (centerlane) would not
be striped.

AG) SPRING MOUNTAIN ROAD

1. Commencing at the southeast corner of Spring
Mountain Road and Elmhurst Avenue thence
75 feet southerly along the east side of Spring
Mountain Road.

AH) STARR AVENUE

1. Commencing at the northwest intersection of
Starr Avenue and Harvest Lane thence 285
feet northerly along the west side of Starr
Avenue.

2. Commencing at the northwest intersection of
Harvest Lane and Starr Ave.
northerly 45 feet to a point of beginning thence
northerly 150 feet to the southeast corner of
Meadowcreek Circle along the east side of
Starr Avenue.

Agenda Item #7.9.

3. Commencing at the extended center line of
Meadowcreek Circle (north) thence 22 feet
south along the west side of Starr Avenue.

4. Commencing at the northeast intersection of
Meadowcreek Circle (south) and Starr Avenue
83 feet northerly to a point of beginning thence
northerly 32 feet to the south side of Hunt
Avenue.

AI) STOCKTON STREET

1. Commencing at the northwest intersection of
Stockton Street and Spring Street thence
northerly along the west side of Stockton Street
to the Madrona Street and Stockton Street
intersection.

AJ) SULPHUR SPRINGS AVENUE

1. Commencing at the southwest intersection of
Main Street and Sulphur Springs Avenue
thence 50 feet westerly along the south side of
Sulphur Springs Avenue.

2. Commencing at the northwest intersection of
Main Street and Sulphur Springs westerly 253
feet to a point of beginning thence westerly 23
feet along the north side of Sulphur Springs
Avenue.

3. Commencing at the northwest intersection of
Main Street and Sulphur Springs westerly 289
feet to a point of beginning thence westerly 15
feet along the north side of Sulphur Springs
Avenue.

AK) SYLVANER AVENUE

1. Commencing at the centerline of the
utility and pedestrian access alley that
connects Sylvaner Avenue to Pinot Way
thence southwesterly 10 feet and northeasterly
10 feet creating a 20 foot long segment
centered on the end of the alley.

AL) TAINTER STREET
Agenda Item #7.9.

1. Commencing at the intersection of Tainter
Street and Kearney thence easterly along the
south side of Tainter Street to the intersection
of Oak Avenue and Tainter Street except Mon.-
Fri. 7:30 a.m. - 9:00 a.m. and 2:00 p.m. - 4:00
p.m.

2. Commencing at the northwest intersection of
Tainter Street and Kearney Street thence 80
feet easterly along the north side of Tainter
Street.

3. South side of Tainter Street between Stockton
Street and Kearney Street.

AM) VINTAGE AVENUE

1. Commencing at the northwest intersection of
Vintage Avenue and McCormick Street
westerly 228 feet to a point of beginning thence
12 feet west of said driveway 168 feet along
the north side to the Napa Valley Wine Train
right-of-way.

2. Commencing at the intersection of Vintage
Avenue and McCormick Street westerly 250
feet to a point of beginning thence westerly 180
feet along the south side.

AN) VOORHEES CIRCLE

1. Commencing at the westerly intersection of
Voorhees Circle and Mitchell Avenue south of
Mitchell and west of Voorhees Circle thence
southerly along the west side, easterly along
the south side and northerly along the east
side a distance of 1100 feet to the easterly
intersection of Voorhees Circle and Mitchell
Avenue.

Approved at a Regular Meeting of the St. Helena City
Council on September 27, 2022 by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Hardy: __________
Agenda Item #7.9.

Councilmember Chouteau:__________
Councilmember Hall: __________
APPROVED: ATTEST:
________________ _____________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.9.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: PUBLIC HEARINGS
Subject: Introduction and First Reading of an Ordinance of the City Council of the City of St. Helena Amending Section 8.24.010 Of Chapter 24 To Title 8 of The St. Helena Municipal Code Regarding Leaf Blowers
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: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The City Council has a 3 Year Adopted Workplan. City Council Goal #6 is to “support initiatives that respond to and plan for climate change”. Goal 6F is to consider the ban on gas powered leaf blowers. Restrictions on the use of gas-powered leaf blowers will yield multiple environmental benefits. The primary benefit will be a reduction in greenhouse gas emissions that result from the combustion of fossil fuels, in this case, gasoline and/or diesel.

More recently, California enacted AB 1346 which will require the state to adopt regulations to ban the sale of gas-powered leaf blowers (and other lawn equipment) in 2024. The City's Public Works Department is currently undertaking a pilot project to convert its gaspowered leaf blowing equipment to electric.

This item was heard at the July 6, 2022 Regular Active Transportation and Sustainability Committee meeting, where the Committee heard a presentation on the potential ban on gas powered leaf blowers and provided feedback. The Committee unanimously voted in support of this Ordinance.

Agenda Item #8.1.

DISCUSSION
Exhaust emissions are currently emitted by many pieces of equipment including, but not limited to gas powered leaf blowers. Extensive evidence exists on the adverse health effects of exhaust emissions, and other fine particulates, which include cardiovascular disease, stroke, respiratory disease, cancer, neurological conditions, premature death, and effects on prenatal development. A ban on gas powered leaf blowers will help in reducing some of the exhaust emissions. Additionally, electric leaf blowers emit less noise and and generate fewer particulates in the air while in use. Staff recommends that the proposed ordinance keep the decibel limit for electric leaf blowers at 65 dBA or less and staff will develop a list of leaf blowers that are sound rated at 65 dBA or less.

Outreach Strategy:

Staff has met with community members to discuss outreach and education steps following Ordinance approval by the City Council.
• An outdoor demonstration/workshop with electric/battery powered leaf blowers at a City park
• Inserts in utility bills
• Targeted mailing to landscaping businesses with active, inactive, or partially active business licenses, hotels, and HOA’s etc…
• Postcards with information on the City’s rebate program/educational material-to be distributed by City staff to community groups/posted on community boards • Information at community gatherings including the Farmer’s Market and the Hometown Harvest Festival
• City standard communication outreach such as media release and social media • Dedicated City website page with easy to read Frequently Asked Questions Enforcement:

For those using a gas powered leaf blower, the following steps would be taken:

1. Verbal warning

2. Notice of Violation Letter

3. First offense: a fine not exceeding one hundred dollars ($100.00)

4. Second offense: a fine not exceeding two hundred dollars ($200.00)

5. Third offense: a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

Effective Date:

Staff recommends Ordinance effect date of January 1, 2023.

Rebate Program:

Staff has learned that the State is developing a voucher program for small businesses for landscaping equipment that would include leaf blowers. This program would be administered through the California Air Resources Board (CARB) under the Clean OffRoad Equipment (CORE) Voucher Incentive Program. This would allow small businesses Agenda Item #8.1.

to directly purchase an electric leaf blower from an authorized seller for up to 70% of the costs including a battery and charger. The State is still finalizing this program.

Staff anticipates the rebate program would be modeled very closely on the program that has successfully been implemented in Yountville and Calistoga. A rebate of $150 would be available to each residential address with proof of the purchase of a battery-electric leaf blower.

Similarly, a rebate of either $300 or $500 (depending on the number of accounts/properties serviced) would be available to licensed commercial leaf blower operators who provide proof of purchase of a commercial battery-electric leaf blower.

Rebate funds would be made available on a first come first serve basis.

Staff anticipates that such a program could be in place by the new year.

FISCAL IMPACT
The overall fiscal impact is unknown at this time. However, at a future meeting, staff will recommend a budget of $25,000 for the following:
• $23,000 for the rebate program
• $2,000 for outreach/education
Code enforcement costs are unknown at this time, but staff is actively engaged with conversations with surrounding agencies regarding shared services. Preliminary outreach will utilize city staff.

RECOMMENDED ACTION
Introduce by title only and waive further reading of an Ordinance of the City Council of the City of St. Helena Amending Section 8.24.010 Of Chapter 24 To Title 8 of The St.

Helena Municipal Code Regarding Leaf Blowers

ATTACHMENTS
Active Transportation and Sustainability Committee - 06 Jul 2022 - FINAL MINUTES ST HELENA_ Ordinance Regarding Leaf Blowers (Final)-c1
Agenda Item #8.1.

FINAL MINUTES
City of St. Helena
Active Transportation and Sustainability
Committee
Regular Meeting
Wednesday, July 6, 2022 @ 5:00 PM
Page

1. CALL TO ORDER
Chair Stanton called the meeting to order at 5:01 p.m.

2. ROLL CALL
The following were present:

Committee Chair: Leslie Stanton, Vice Chair: Jeff Farmer Members: Maddie Chandler, John Zimmerman
Alternate Members: Vacant, Vacant
Council Liaison: Paul Dohring, Vice Mayor
Staff Liaison: Preya Nixon, Asst. to the City Manager
Member Glenn Smith was excused.

3. PUBLIC FORUM:

No public comment was received.

4. REPORTS BY STAFF AND COMMITTEE:

Reports were conducted.

5. CONSENT CALENDAR:

Members of the Active Transportation Committee 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, on motion may be used to adopt all recommendation actions.

5.1. Active Transportation and Sustainability Committee Meeting Minutes of June 1, 2022.

DRAFT MINUTES Active Transportation and Sustainability Committee - 01 Jun 2022
A motion was made by Vice Chair Farmer and seconded by member Chandler to approve the minutes for the meeting held on June 1, 2022.

The motion passed unanimously.
# - #

6. SCHEDULED MATTERS:

6.1. Receive a presentation on the Napa County Climate Challenge website # - # Agenda Item #8.1.

Napa County Climate Challenge Presentation
Staff Report- Napa County Climate Challenge website
Presentation was given by Patrick Jurney
No public comment was received

6.2. Consideration and Feedback Regarding a Draft Ordinance Banning the Use of Gas Powered Leaf Blowers
Preya Nixon, Assistant to the City Manager, presented on this item.

Public comment was received from
Valli Ferrell
Sharon Parham
The following feedback was given by the Committee:
-Equity must be considered in the rebate program, especially for commercial users.
-include the decibel limit of 65 dBA.
-that the noise component is important too
-see if there is any more research on the GHG impact.

A motion was made by Vice Chair Farmer and seconded by Member Chandler to support the ordinance with the feedback provided.

The motion was passed unanimously.
# - #

7. FUTURE AGENDA ITEMS

7.1. • Review and approval of Committee governing language • Presentation from Fire Chief John Sorensen regarding vehicular speeding and potential traffic mitigation
• Active Transportation Plan Phase II
• Potential Reusable Foodware and Waste Reduction Ordinance • Napa Countywide Greenhouse Gas Emission Inventory
Presentation (fall 2022)

8. ADJOURNMENT
Chair Stanton adjourned the meeting at 6:20 p.m.

The next regular Active Transportation Committee meeting is scheduled for October 5, 2022 at 5:00 pm, at the Carnegie Building, 1360 Oak Avenue Approved Attest
__________________________ ________________________
Agenda Item #8.1.

Chair Preya Nixon,
Assistant to the City Manager
Agenda Item #8.1.

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AMENDING SECTION 8.24.010 OF CHAPTER 24 TO TITLE 8 OF THE ST. HELENA MUNICIPAL CODE REGARDING LEAF BLOWERS
WHEREAS, the City of St. Helena’s Noise Ordinance, specifically subsection (E) of Section 8.24.010 of the St. Helena Municipal Code, regulates the use of leaf blowers; and
WHEREAS, the City Council of the City of St. Helena desires to ban the use of leaf blowers powered by gasoline and diesel.

NOW, THEREFORE, The City Council of the City of St. Helena does hereby ordain as follows:

Section 1: Amendment.

Subsection (E) of Section 8.24.010 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):
“8.24.010 Unnecessary noises generally.

E. Leaf Blowers.

1. It shall be unlawful for any person to operate any gas-powered leaf blower other than a gas-powered leaf blower that bears a manufacturer’s label indicating a noise level designation not exceeding sixty-five (65) dB(A) at a distance of fifty (50) feet utilizing American National Standard Institute (“ANSI”) B175.2 methodology. All such leaf blowers shall be operated with all mufflers, full extension tubes, shrouds and sound-attenuating devices supplied by the manufacturer for that leaf blower and shall be maintained in sound operating condition. This paragraph shall not apply to electric leaf blowers. unless it is powered by electricity or battery and is used in compliance with the following criteria:
a. The electric or batter operated leaf blower bears a
manufacturer’s label indicating a noise level designation not exceeding sixty-five (65) dB(A) at a distance of fifty (50) feet utilizing American National Standard Institute (“ANSI”) B175.2 methodology.

All such leaf blowers shall be operated with all mufflers, full extension tubes, shrouds and sound-attenuating devices supplied by the Agenda Item #8.1.

manufacturer for that leaf blower and shall be maintained in sound operating condition.;
b. The leaf blower is operated without the use of a generator with a gasoline or diesel engine; and
c. The leaf blower is operated in a manner that does not result in leaves, dirt, debris, or other materials being blown or deposited on any other parcel, land, lot, or public right-of-way/property other than the parcel, land, lot, or public right-of-way/property on which the leaf blower is being used or operated.

2. The operation of lawful gas battery-powered and electric leaf blowers on all streets and parcels within the city, except for those areas designated in subsection (E)(3) of this section, shall be allowed between nine a.m. and four p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

3. The operation of lawful gas battery-powered and electric leaf blowers on all parcels on Main Street between Pine Street and Grayson Avenue shall be allowed between five a.m. and three p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

4. It shall be unlawful to operate gas battery-powered and electric leaf blowers on federal and local holidays.

5. The operation of gas battery-powered and electric leaf blowers shall be exempt from the permit requirement of subsection A of this section.

6. A violation of any provision of this section shall be subject to the enforcement procedures under Chapter 1.12 of this code in addition to any other enforcement remedies available under law and this code.

Notwithstanding any provision to the contrary in Chapter 1.12, for purposes of enforcement of this chapter under Chapter 1.12, a “responsible person” shall only include a person who uses or operates, or a property owner or business that permits the use or operation of, a leaf blower in violation of this chapter.”
Section 2: Severability.

Agenda Item #8.1.

If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3: CEQA.

This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 4: Rebate Program/Public Education.

City staff shall develop a rebate program for those persons or businesses purchasing a leaf blower powered by electricity or battery to comply with this ordinance.

The rebate program shall be reviewed and approved by City Town Council prior to implementation. City staff shall also establish a public education campaign regarding this ordinance, including notice to likely leaf blower users or operators of its provisions, means of compliance, and penalties for noncompliance, prior to its effective date.

Section 5: Effective Date.

This ordinance shall take effect January 1, 2023 after its final adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2022, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2022, by the following vote:

Mayor Ellsworth: _____
Agenda Item #8.1.

Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Hall: _____
APPROVED:
___________________________________
Geoff Ellsworth, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2022, by the following vote:

Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Hall: _____
Agenda Item #8.1.

1 Christopher J. Warner
1434 Grayson Avenue
St. Helena, CA 94574
September 23, 2022
Comments on Draft Leaf Blower Ordinance
September 27, 2022, St. Helena City Council Meeting
I provide the following comments on the proposed “Leaf Blower Ordinance” (Agenda Item #8.1) on the agenda of the September 27, 2022, Regular City Council meeting and recommended in the City staff report provided prior to that meeting.1 My comments are solely personal and do not represent my position or relationship with any other entity or person, private or public. My views do represent my thirty years of professional and personal experience analyzing, participating in and implementing California’s landmark and global-leading greenhouse gas (GHG) emission mitigation and clean energy policies, regulations and programs.

1. I support the good intentions of the proposed leaf blower ordinance as included in the September 27, 2022, Regular City Council agenda and staff report. Local citizen actions to mitigate GHG and other emissions and promote sustainability are a key part of addressing global climate change and protecting our global environment and natural resources.

2. However, local sustainability and GHG and emissions mitigation initiatives need to be based on facts and reasonable benefit-cost analyses that are in the record and openly discussed and evaluated by the public, decision-makers and stakeholders affected by the initiatives, particularly when the initiatives propose to criminalize certain behavior by persons or small businesses.

3. Such local initiatives also need to be carefully coordinated with other sustainability and GHG and emissions mitigation initiatives at the national, state and regional levels with which the local initiatives may directly conflict or duplicate.

4. Unfortunately, the proposed leaf blower ordinance recommended by the City Staff and the Active Transportation and Sustainability Committee (ATSC) does not comply with these basic criteria for sound, effective sustainability and GHG and emissions mitigation initiatives, because it lacks any minimal benefit-cost analysis or even any quantitative evidence of incremental local environmental benefits or incremental local costs to small businesses and other affected persons. It also ignores and omits evaluation of how the proposed ordinance would conflict with and duplicate the State of California’s existing leaf blower rules and other small off-road engine (SORE) rules which have been adopted by the California Air Resources Board (CARB) and will go into effect on January 1, 2024.2
1 No recording of the discussion at the July 6 ATSC meeting appears to be available, and the minutes of the June 1 and July 6 ATSC meetings are short and undetailed. If the Council chooses to defer consideration of the draft ordinance until a later date, I will review the revised draft and revise my recommended amendments to the draft ordinance that are provided as an attachment to these comments.
2 Amendments to the Small Off-Road Engine Regulations: Transition to Zero Emissions | California Air Resources Board Agenda Item #8.1.

2 5. With massive input from the public, stakeholders and affected small businesses as well as multiple public hearings and direct outreach over many months, the CARB has adopted SORE rules prohibiting the sale of certain types of emitting leaf blowers after January 1, 2024, based on the requirements of a statutory mandate adopted by the California Legislature and extensive benefit-cost analyses of the cost impacts and environmental benefits of the new rules.3

6. In adopting its benefit-cost analyses of the new leaf blower rules, the CARB also concluded that over a short period of years but not immediately, the new rules would result in the conversion of most existing leaf-blowers to zero emissions leaf-blowers as they are replaced by landscapers, gardeners and others in the normal course.4

7. However, the CARB rulemaking also concluded that the upfront costs of immediately replacing emitting leaf blowers with new zero emissions leaf-blowers, such as battery leaf-blowers, would cost small businesses double the upfront costs of existing emitting leaf blowers, and any savings from replacement would take multiple years for small businesses and other purchasers to recoup.5

8. In addition, CARB also concluded that the existing zero emissions leaf blowers on the market, such as battery leaf blowers, were subject to perceived negative performance compared to emitting leaf blowers, particularly given the need to purchase and continually re-charge batteries during daily use.6 However, the CARB concluded that over time, the environmental benefits of zero emissions leaf-blowers would exceed the costs and performance issues compared to emitting leaf blowers.7

9. CARB’s new leaf blower rules are based primarily on the benefits of mitigating nonGHG criteria pollutants emitted by existing leaf blowers, and not the GHG mitigation benefits of the new rules.8 Nor are CARB’s rules based on any noise pollution benefits or costs under the new rules.

10.Based on the record evidence and findings of the new CARB leaf blower rules, it appears that St. Helena’s proposed leaf blower ordinance may have little if any incremental GHG or other emissions mitigation benefits compared to the CARB rules. It also appears that the immediate ban on non-battery leaf blowers proposed in the St. Helena ordinance could conflict with the CARB rules and impose potentially significant unnecessary incremental costs on small businesses providing services in St. Helena, such as small gardeners and landscapers, as well as on residents.

11.The actual incremental costs and benefits of the proposed St. Helena leaf blower ordinance, especially as it may conflict with or duplicate the CARB rules, are not 3 CARB approves updated regulations requiring most new small off-road engines be zero emission by 2024 | California Air Resources Board
4 Initial Statement of Reasons, appi.pdf (ca.gov), p. 67. 5 2021 SORE Rulemaking Staff Report (ca.gov) , Initial Statement of Reasons, p. 106, Table VII-5; appi.pdf (ca.gov) , pp. 65- 69.
6 2021 SORE Rulemaking Staff Report (ca.gov) , Initial Statement of Reasons, pp. 96- 97. 7 2022 SORE FSOR (ca.gov) , p. 5; Attachment D, 2022 SORE FSOR Attachment D: Econ and Emissions Tables (ca.gov). 8 2021 SORE Rulemaking Staff Report (ca.gov) , Initial Statement of Reasons, pp. ES-2- ES-3.

Agenda Item #8.1.

3 known or even evaluated in the proposed ordinance or staff report.9 Both are simply devoid of any factual benefit-cost analysis. Both are also devoid of any significant input from the small businesses that may be adversely impacted by the proposed local ordinance or may be subject to the conflict and confusion between compliance with the CARB rules and the St. Helena ordinance. (The proposed ordinance and staff report reverse the legal standard for adopting new ordinances by recommending that stakeholder and public outreach occur after rather than before adoption of the ordinance.)10

12.Compounding the absence of a reasonable benefit-cost analysis for the proposed leaf blower ordinance is the requirement that a financial rebate for purchase of battery leaf blowers be developed after the leaf blower ordinance is adopted – but a rebate that is not necessarily required to be approved, implemented or available, before the leaf blower ordinance goes into effect.11 Nor does the “rebate” proposal include any direct coordination with state or regional rebates that may be available for battery leaf blowers.

RECOMMENDATIONS
Based on these findings, I recommend that the City Council and City staff take the following actions regarding the proposed leaf blower ordinance:

1. Before further consideration of a leaf blower ordinance, conduct a direct survey of known local landscapers, gardeners and other affected local businesses to solicit their comments on a local ban on non-battery leaf blowers that would go into effect prior to the CARB rules on sales of new emitting leaf blowers.

2. Perform a quantitative evaluation of the local benefits and costs of the proposed local ordinance, taking into account evidence of actual local GHG emissions using emitting leaf blowers, as well as the likelihood that the CARB rules will result in statewide replacement of emitting leaf blowers with zero emissions leaf blowers on a phased schedule after January 1, 2024.

3. Remove the strict liability standard for neighboring property impacts from the proposed ordinance, and replace with a “reasonable person,” negligence standard.

4. Remove the ban on use of standby gas generation to charge leaf blowers from the ordinance, given the essential use of such standby generation for defensible space protection and clearance during emergency wildfire and power outage events.

5. Based on the record evidence developed in #1 and 2, above, consider a proposed leaf blower ordinance that includes approved rebates for the replacement of emitting leaf blowers prior to and for a reasonable period after January 1, 2024, and an 9 Regular City Council - 27 Sep 2022 - Agenda - Pdf (civicweb.net), Agenda Item #8.1, Staff Report, p. 128; see also, Active Transportation and Sustainability Committee - 06 Jul 2022 - Agenda - Pdf (civicweb.net), Agenda Item #6.2; Active Transportation and Sustainability Committee - 01 Jun 2022 - Agenda - Pdf (civicweb.net) , Agenda Item #6.1; **SPECIAL**Active Transportation and Sustainability Committee - 14 Sep 2022 - Agenda - Pdf (civicweb.net), Agenda Item 5.1.
10 Regular City Council - 27 Sep 2022 - Agenda - Pdf (civicweb.net), Agenda Item #8.1, Staff Report, pp. 128- 129; see also, Active Transportation and Sustainability Committee - 06 Jul 2022 - Agenda - Pdf (civicweb.net), Staff Report. 11 Id.

Agenda Item #8.1.

4 outright ban on emitting leaf blowers after the January 1, 2024 effective date of the new CARB rules.

Again, I congratulate the ATSC and City staff for developing this proposed leaf blower ordinance as an element of the City’s climate action and sustainability plans. I strongly support the good intentions of the proposal, even as I offer these comments for consideration to make the proposed ordinance a sound, factually supported, balanced step in addressing local and global climate change.

Respectfully submitted,
Christopher J. Warner
1434 Grayson Avenue
September 23, 2022
Attachment: Proposed Amendments to Draft Leaf Blower Ordinance Agenda Item #8.1.

5 ATTACHMENT – RECOMMENDED AMENDMENTS TO DRAFT LEAF BLOWER

ORDINANCE
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AMENDING SECTION 8.24.010 OF CHAPTER 24 TO TITLE 8 OF THE ST. HELENA

MUNICIPAL CODE REGARDING LEAF BLOWERS
WHEREAS, the City of St. Helena’s Noise Ordinance, specifically subsection (E) of Section 8.24.010 of the St. Helena Municipal Code, regulates the use of leaf blowers; and
WHEREAS, the City Council of the City of St. Helena desires to ban the use of leaf blowers powered by gasoline and diesel.

NOW, THEREFORE, The City Council of the City of St. Helena does hereby ordain as follows:

Section 1: Amendment.

Subsection (E) of Section 8.24.010 of the St. Helena Municipal Code is hereby amended to read as follows (new and amended language is underlined, deletions are in strikeout):
“8.24.010 Unnecessary noises generally.

E. Leaf Blowers.

1. Effective January 1, 2024 and upon the adoption of reasonable financial rebates and incentives for the replacement of existing leaf blowers that emit greenhouse gases or other criteria pollutants, whichever is later, it shall be unlawful for any person to operate any gas-powered leaf blower other than a gas-powered leaf blower that bears a manufacturer’s label indicating a noise level designation not exceeding sixty-five (65) dB(A) at a distance of fifty (50) feet utilizing American National Standard Institute (“ANSI”) B175.2 methodology. All such leaf blowers shall be operated with all mufflers, full extension tubes, shrouds and sound-attenuating devices supplied by the manufacturer for that leaf blower and shall be maintained in sound operating condition. This paragraph shall not apply to electric leaf blowers. unless:
a. It is in compliance with small off-road engine regulations adopted by the California Air Resources Board governing the sale of such leaf blowers that are subject to such regulations (Amendments to the Small Off-Road Engine Regulations,
Transition to Zero Emissions / California Air Resources Board); Agenda Item #8.1.

6 b. The electric or batter operated leaf blower bears a manufacturer’s label indicating a noise level designation not exceeding sixty-five (65) dB(A) at a distance of fifty (50) feet utilizing American National Standard Institute (“ANSI”) B175.2 methodology.

All such leaf blowers shall be operated with all mufflers, full extension tubes, shrouds and sound-attenuating devices supplied by the Agenda Item #8.1.

7 manufacturer for that leaf blower and shall be maintained in sound operating condition.;
; and
c. The leaf blower is operated in a manner that does not unreasonably or negligently result in leaves, dirt, debris, or other materials being blown or deposited on any other parcel, land, lot, or public right-of-way/property other than the parcel, land, lot, or public right-of-way/property on which the leaf blower is being used or operated.

2. The operation of lawful gas battery-powered and electric leaf blowers on all streets and parcels within the city, except for those areas designated in subsection (E)(3) of this section, shall be allowed between nine a.m. and four p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

3. The operation of lawful gas battery-powered and electric leaf blowers on all parcels on Main Street between Pine Street and Grayson Avenue shall be allowed between five a.m. and three p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

4. It shall be unlawful to operate gas battery-powered and electric leaf blowers on federal and local holidays.

5. The operation of gas battery-powered and electric leaf blowers shall be exempt from the permit requirement of subsection A of this section.

6. A violation of any provision of this section shall be subject to the enforcement procedures under Chapter 1.12 of this code in addition to any other enforcement remedies available under law and this code.

Notwithstanding any provision to the contrary in Chapter 1.12, for purposes of enforcement of this chapter under Chapter 1.12, a “responsible person” shall only include a person who uses or operates, or a property owner or business that permits the use or operation of, a leaf blower in violation of this chapter.”
Section 2: Severability.

Agenda Item #8.1.

8 If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 3: CEQA.

This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 4: Rebate Program/Public Education.

City staff shall develop a rebate program for those persons or businesses purchasing a leaf blower powered by electricity or battery to comply with this ordinance.

The rebate program shall be reviewed and approved by City Town Council prior to implementation. City staff shall also establish a public education campaign regarding this ordinance, including notice to likely leaf blower users or operators of its provisions, means of compliance, and penalties for noncompliance, prior to its effective date.

Section 5: Effective Date.

This ordinance shall take effect January 1, 2023 after its final adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2022, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2022, by the following vote:

Mayor Ellsworth:

Agenda Item #8.1.

9 Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hardy:

Councilmember Hall:

APPROVED:

Geoff Ellsworth, Mayor
ATTEST:

CITY OF ST. HELENA
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2022, by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hardy:

Councilmember Hall:

Agenda Item #8.1.

September 25, 2022
Mayor and City Council members,
I am writing in strong support of the proposed leaf blower ordinance. Gas powered leaf blowers are harmful to the environment, to the individuals using them, and to people in their vicinity.

Many local landscaping co.’s have already switched over to non-polluting leaf blowers. They know it is in their employees’ (and therefore their) best interest to not use gas powered leaf blowers. Bravo to those companies, as well as residents, who have already made the switch to non-polluting versions.

You may have seen in the Napa Register two days ago that a draft greenhouse gas (GHG) inventory for Napa County has been completed. The article in the Register noted each City’s emissions; ours are about double those of Calistoga, a similar sized town (interesting side note). St Helena must step up efforts to reduce our GHG emissions.

This topic certainly does not warrant a cost benefit analysis at the local level. The cost of climate change is well known. The 2017, 2018 and 2020 wildfire seasons alone “are estimated to have produced between $25 billion and $29 billion in destruction, and insured losses, in California alone. The recordbreaking fires over the last five years have illustrated an urgent need for policy action to reduce economic losses and adverse health effects experienced across the state” (Bay Area Council Economic Institute). Obviously, this ordinance is a drop in the bucket toward reducing our local climate impacts, but every step counts!
Thank you to the ATSC for approving the proposal unanimously, to staff who worked on the draft and also prepared a list of efforts St Helena is prepared to make to lessen the blow (rebates, etc.), and last but not least, to all the local residents who have been advocating for this ordinance. I hope the Council will vote unanimously in favor of the proposal.

Thank you all very much for your service to our community. Please pass this ordinance ASAP.

Pam Smithers
1819 Vallejo Street
St Helena, CA
Former Chair of ATSC
Agenda Item #8.1.

1 Cindy Tzafopoulos
From: Jack Oliver <[email protected]>
Sent: Tuesday, September 27, 2022 3:12 PM
To: Geoff Ellsworth; Paul Dohring; Anna Chouteau; Lester Hardy; Eric Hall Cc: Cindy Tzafopoulos; Public Comment
Subject: [External] Agenda Item 8.1
Dear City Council,
With the City considering a ban on gas powered leaf blowers, I would like to inquire if the City has considered the impact this will have on the independent landscaping companies.  These companies, who operate without a lobbying division, have already seen their cost to operate go up 10% this year, and with this new ban will be forced to purchase an expensive piece of equipment that works for fewer hours and is less productive. How can they be expected to work on 6‐7 yards a day if most batteries don’t last more than 30 minutes? Is the City planning to ban the use of gas‐powered generators to charge these batteries when electrical outlets are not easily accessible? Has the City studied the potential risk for lithium battery fires?
If the goal is to reduce carbon emissions in the city, is the City planning an immediate end of diesel tractors in vineyards, gasoline powered school buses, gas powered city vehicles and delivery trucks that move about daily?  Is the City going to prohibit non‐electric Amazon and UPS trucks to continue to operate as usual in city limits?  If not, it does not seem equitable to target only one business type and not others.

Will this apply to just residential areas, or will commercial district and commercial areas be affected? There are all sorts of noises and bigger emissions taking place in the SCD…because it is zoned for it and away from residential homes.

Please don’t force this restriction on just one business type. Make the residents use electric for starters for personal use, ban blowing of any type on weekends in residential areas, set weekday hours from 9am‐5pm, get the City’s systems to electric first, but don’t start by asking others to do what you have not done yourselves. Encourage, promote, and incentivize the companies to convert but don’t ban on Jan 1st. Let the new State laws and State voucher program run their course and save city funds for other more pressing issues.

Regards,
Jack Oliver
St. Helena
Agenda Item #8.1.

Got the Leaf-Blower Blues? You're
Not the Only One.

Photo by imageBROKER/AP
James Fallows can't stand the ferocious, piercing sound of gas-powered leaf blowers. "This particular kind of whining noise has just driven me crazy," the journalist and author says. When that penetrating racket is present, Fallows, who once served as President Jimmy Carter's chief speechwriter, can't work, think, or concentrate unless he uses earplugs or noise-canceling headphones. A longtime writer for The Atlantic, Fallows quickly uncovered gas leaf blowers' dirty secrets: Their primitive two-stroke engines emit dangerous pollutants, and the noise often causes substantial and irreversible hearing loss in those who operate them.

When Fallows began working with neighbors to seek a ban on gas leaf blowers in 2015, many people thought he was wasting his time on a problem Agenda Item #8.1.

for the privileged. "The overwhelming reaction on forums like Nextdoor was, 'Oh, you weenies. Don't you have something better to do?'" Fallows says.

The issue made him recall the 1965–70 Delano grape strike in California, when workers walked off the job because they were being exposed to high levels of pesticides for the sake of low-cost, perfect-looking grapes. "This stuck in my mind," he says, as something similar to "people wanting lowcost and perfectly manicured lawns." Gas leaf blowers, generators, and lawnmowers emit more air pollutants statewide than California's 14 million cars.

Fallows's neighborhood in Washington, DC, was like many across the country—leaf blowers blared all day at about 100 decibels. The two-stroke engines combine gas and oil, spitting out as much as a third of this fuel mix as unburned aerosol. According to the California Air Resources Board (CARB), operating a commercial leaf blower for just one hour emits smogforming pollution comparable to driving a new passenger car about 1,100 miles.

Fallows started organizing with just a few concerned neighbors. Eventually, about 20 residents from all parts of the city joined in and formed an advocacy group called Quiet Clean DC (QCDC). They met monthly for a few years and reached out to the local Advisory Neighborhood Commissions in all eight wards of Washington. QCDC cultivated relationships with city councilmembers, including Mary Cheh, who told the group's members that if they stuck with the effort to ban gas leaf blowers, so would she.

While the group sought out those who wanted a more tranquil soundscape, it also focused on social justice issues. "The real victims are the often nonEnglish-speaking immigrants, low-wage workers who are being deafened by this," Fallows says. "I think we managed to shift the terrain of the argument." In mid-2018, the council passed the Leaf Blower Regulation Amendment Act, making it illegal to operate a gas-powered leaf blower in the nation's capital Agenda Item #8.1.

and giving gardening companies more than three years to prepare for the ban, which took effect last January. Electric blowers, which are much cleaner and less noisy, remain legal. Through DC Sustainable Energy Utility, residents purchasing an electric leaf blower can get a $50 rebate, and commercial gardeners a $75 rebate.
"It's been a dramatic change," Fallows says. Since January, he says, he's heard the roar of gas leaf blowers just a "handful" of times. "You can hear the silence. What had been an unnecessary and almost omnipresent intrusion in people's lives is not there anymore." Fallows thought that the lawn companies might protest. Before the ban, some had said that if it passed, they'd refuse to work in DC. What surprised him was the "weakness of the countermovement." He says, "Just yesterday, I was going through Georgetown and I saw a major lawn-care company's truck full of batterypowered machines." Retired psychotherapist and poet Larry Robinson says that the damage inflicted by leaf blowers goes beyond physical, that "the soul experiences mechanical sounds as an assault." The sound from gas blowers "overwhelms all other sounds," he says, "including music, conversation, the wind through the trees, or the songs of birds."
More than 100 US cities and towns have banned or restricted leaf blowers, and communities close to DC have taken notice, Fallows says. "We're getting people from both northern Virginia and Maryland writing us, saying, 'How can we extend this to Bethesda, to Arlington, to Falls Church?'" On the other side of the country, California will halt the sale of most gaspowered leaf blowers, lawnmowers, and other small off-road engines (aptly known as SOREs) in 2024 but not restrict their use. Though the California legislation passed by a wide margin, Christopher Dilbeck of CARB says that a statewide ban is not realistic. According to Dilbeck, it would be impractical to have a requirement to stop using this kind of equipment as there are millions of pieces already in use in California.

Agenda Item #8.1.

Last year, smog-forming emissions from SOREs surpassed emissions from passenger cars in California. It's astounding but true: Gas leaf blowers, generators, and lawnmowers emit more air pollutants statewide than California's 14 million cars.

California State Assembly member Marc Berman, who introduced the legislation, says it's part of the state's plan to "drive an equitable transition away from fossil fuels that will benefit workers, communities, and the air we all breathe." Berman cites CARB's forecast that by 2035, more than 93 percent of leaf blowers, lawn mowers, and generators operating in California will be zero emission. The bill includes $30 million to ease that transition, which will be used to lower the cost of new equipment with point-of-sale discounts.

The transition is accelerating as manufacturers shift production toward electric machines. Makita, a Japanese power tool manufacturer, announced last March that it ceased production "of all gas-powered equipment worldwide . . . in response to the heightened awareness of global environmental issues."
Fallows strongly believes that someday firing up a gas leaf blower will be as unacceptable as lighting a cigarette in a nursery school. "I think the change will be slow, then it will be fast," he says, noting that during his lifetime, secondhand smoke has gone from wide acceptance to being outlawed in most public places. "Five or 10 years from now, people will think, Of course you'd have battery-powered equipment, if you have any equipment at all, because it's lower maintenance and much less destructive." This article appeared in the Fall 2022 quarterly edition with the headline "The Sound of Silence."
Michael Shapiro writes about travel, culture and environmental issues for national magazines and metro newspapers. He’s the author of The Creative Spark, a collection of interviews with musicians, explorers and Agenda Item #8.1.

authors: www.michaelshapiro.net.

Agenda Item #8.1.

1 Cindy Tzafopoulos
From: Leslie Stanton <[email protected]>
Sent: Tuesday, September 27, 2022 9:06 PM
To: Cindy Tzafopoulos; Preya Nixon
Subject: [External] post-public comment on leaf blower ban City Council - Thank you for passing the 'leaf blower ban. However after Public Comment was closed you deleted a part that was most important to me and that is why I interrupted and tried to speak. Alas.

My concern with taking the part out about blowing towards your neighbors is that now I will have no backing to ask my neighbor's landscapers not to do just that.

I live on a corner (though I suppose it happens on the straight-aways too), and the men that work for the landscape companies blow the street in front of their clients' houses clean to the middle. Inevitably they blow the dirt, leaf particles and dust TOWARD my house, since I am across the street. I also blow the street clean (with my battery-powered blower) but TOWARD MY OWN HOUSE.

I'm all for decriminalizing that action but I would still like to point to something printed that tells them not to do that. I have tried to talk to the men, and their companies, BUT there is usually a language barrier.

Perhaps, as suggested after the meeting, this neighborly concern could be addressed in the guidelines literature.

Sincerely, Leslie Stanton
Agenda Item #8.1.

Report to the City Council
Regular City Council - 27 Sep 2022
Agenda Section: PUBLIC HEARINGS
Subject: Consideration and Proposed Introduction of an Ordinance adopting St. Helena Police Department Policy 707 "Military Equipment" as required by AB 481 for the Funding,
Acquisition, and Use of Military Equipment
CEQA
Determination:

Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
On September 30, 2021 Governor Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council).

This item was continued from the May 24, 2022 Regular City Council meeting for clarification on how the policy would be adopted and implemented. This item now provides for the policy to be adopted by ordinance as required by AB 481. The policy also makes clear that the City does not currently use, possess or allocate funds for any Military Equipment as defined in the policy, and that prior to acquiring or using any military use equipment, the City would have to amend the policy by ordinance to allow for such military equipment, and comply with all noticing and procedural requirements set forth in AB 481.

DISCUSSION
Agenda Item #8.2.

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 and Government Code 7072). The proposed Policy being presented is attachment 2 to this staff report. It is important to understand that what is defined as "military equipment" by the California State Legislation is not related to whether or not the equipment was acquired through military sources. The St. Helena Police Department does not possess nor use any equipment specifically designed for military use as defined in Government Code 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as 1033 Program (10 USC 2576(a)).

AB 481 requires a military equipment use policy to be adopted by ordinance before the City can use any military equipment (as more specifically defined in the policy) in its law enforcement activities. The Police Department does not currently own or use any military equipment, and has no plans to do so, but desires to have a policy in place that is consistent with state law in order to be clear on the process that must be followed with regard to the acquisition or use of any military equipment.

Section 707.4 of the policy makes clear that the St. Helena Police Department does not use, possess or allocate any funds for military equipment at this time. If the Department sought to acquire, use or possess military equipment in the future, the policy would have to be amended to add the desired military equipment to Section 707.4. Pursuant to Sect6ion 707.5, the City Council would have to hold a public hearing before adding any military equipment to its allowed inventory, and the policy amendments that would allow that addition must be posted on the City’s website for at least 30 days prior to the required public hearing.

FISCAL IMPACT
None

RECOMMENDED ACTION
Recommend that the City Council Introduce by title only and Waive First Reading of the Ordinance Adopting Police Department Policy No. 709 (Military Equipment Policy) In Accordance With AB 481.

ATTACHMENTS
Attachment 1 - Policy 707 Public Hearing Notice
Attachment 2 - Assembly Bill No. 481
Attachment 3 - Ordinance Adopting AB 481 Policy
Attachment 4 - St. Helena Military Equipment Policy
Attachment 5 - Presentation
Agenda Item #8.2.

CITY OF ST. HELENA

CITY COUNCIL PUBLIC HEARING NOTICE
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council). This section also requires the Saint Helena Police Department to post on the department website the proposed military equipment policy at least 30 days prior to the policy being presented to the City Council for approval.

Staff will present the Saint Helena Police Department Military Equipment Policy (Lexipol Policy 709) to the City Council for consideration on May 24, 2022, at a regular scheduled meeting beginning at 6:00 p.m., or soon thereafter. The policy being presented can be found on the preceding pages of this communication. It is important to understand that what is defined as "military equipment" by the California State Legislature is not related to whether or not the equipment was acquired through military sources. The Saint Helena Police Department does not possess or use any equipment specifically designed for military use as defined in Government Code section 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as the "1033 Program" (10 USC 2576a).

Copies of agendas and staff reports are available on the Friday afternoon immediately preceding the hearing the City’s website at cityofsthelena.org. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 3:00 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 City Council agenda for detailed PUBLIC PARTICIPATION instructions.

Community members having questions regarding this policy to contact Chief Chris Hartley [email protected] or by calling 707-967-2850. Chief Hartley welcomes your comments and inquiries about the policy on Military Equipment and conformance with the new legislation on the approval, acquiring, possession, use, and reporting of military equipment defined in Government Code section 7070.

Chris Hartley, Chief of Police
April 12, 2022
Agenda Item #8.2.

Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 Agenda Item #8.2.

additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Agenda Item #8.2.

(d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Agenda Item #8.2.

or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Agenda Item #8.2.

authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Agenda Item #8.2.

the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Agenda Item #8.2.

to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Agenda Item #8.2.

(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Agenda Item #8.2.