St. Helena City Council
October 11, 2022

EXHIBIT A
That certain property located in the City of St. Helena, County of Napa, California, described as follows:

PARCEL TWO, as shown on the map entitled “Parcel Map of the Lands of Carl Doumani”, filed March 18, 2009, in Book 26 of Parcel Maps at page(s) 22-23, in the of?ce of the County Recorder of Napa County.

APN: 009-070-049
Commencingat the most southerly comer of Parcel Four as shown in Book 26 of Parcel Maps at pages 22 through 23, recorded on March 18, 2009 in the office of the Napa County Recorder; thence along the southwesterly line of said Parcel Four and the southwesterly line of Parcel One of said Parcel Map Nonh 58°45’00” West 469 feet to the TRUE POINT OF BEGINNING; thence continuing along the southwesterly line of said Parcel One North 58°45’0O” West 171 feet to the northwest comer thereof; thence along the lines of said Parcel One North 3l°15’00” East 575.38 feet, South 58°45’00” East 640 feet and South 31 l5’00” West 25.00 feet to the southeasterly comer of Parcel Three of said Parcel Map; thence along the common line between said Parcels Three and One and the northwesterly extension thereof North 58°45’00” West 469.00 feet; thence South 3l°15’00” West 550.38 feet to the true point ofbeginning.

APN: 009-070-052
Beginning at the most southerly comer of Parcel Four as shown in Book 26 of Parcel Maps at pages 22 through 23, recorded on March 18, 2009 in the office of the Napa County Recorder; thence along the southwesterly line of said Parcel Four and the southwesterly line of Parcel One of said Parcel Map North 58 45’00” West 469 feet; thence leaving said southwesterly line North 31°15’00” East 374.38 feet to the nonhwesterly extension of the common line between said Parcel Four and Parcel Three of said Parcel Map; thence along said extension and said common line South 58 45’00” East 469 feet; thence South 31 l5’00” West 374.38 feet to the point of beginning.

APN: 009-070-053
Beginning at the most southerly comer of Parcel Three as in 26 of Maps at pages 22 through 23, recorded on March 18, 2009 in the office of the Napa County Recorder, said southerly comer also being the most easterly comer of Parcel Four of said Parcel Map; thence along the common line between said Parcels Three and Four and the northwesterly extension thereof North 58 45’00” West 469 feet; thence North 31°] 5’00” East l76 feet to the northwesterly extension of the common line between said Parcel Three and Parcel One of said Parcel map; thence along said extension and common line South 58°45’00” East 469 feet to the most easterly comer of said Parcel Three; thence along the southeasterly line of said Parcel Three South 3l l5’00” West 176 feet to the point of beginning. APN: 009-070-054 8 3
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Agenda Item #9.1.

Plan Site
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EXHIBIT C

PROJECT DESCRIPTION
Long Meadow Ranch Lodging Project - 1000 Mills Lane
The applicant is requesting approval of a use permit, design review, lot line adjustment, lot merger, variance, water agreement, and development agreement in order to construct a 65 room hotel spread throughout 10 individual buildingsthat are con?gured with either 6 or 7 guest rooms per building. The lodging buildings will total approximately 32,100 square feet and will be single story with a maximum height of 29 feet. The lodgingcomponent of the Project would occur on approximately 6.] acres of an overall 10 acre site; the remaining 3.9 acres would continue to be used for agricultural purposes.

Each guest room will have two bicycles assigned and stored at the room for guests’ exclusive use. In addition, staffed courtesy electric-powered carts will also be available to ferry guests between properties. EVA charging stations will be provided for guests’ vehicles and the Project’s courtesy vehicles. Throughout the lodging portion of the property, farming will continue with an edible landscape of herbs, fruit and citrus trees, and vegetables planted along the pathways. The perimeter of the property will be lined two- and three-deep with fruit trees, creating a commercial fruit orchard, as well as providing a visual buffer to Main Street and Mills Lane. In addition to the lodging buildings described above, the Project includes the following components:

A 9.882 sfnrulli-_?rpose building with thefollowing anzenities:
0 Guest reception and administration area;
0 Office space;
I A bar and lounge area;
0 A meeting/classroom with a demonstration kitchen primarily for lodging guests, however cooking and food preparationclasses will also be open to the public on a scheduled and by appointment basis;
I A will prepare breakfast, room meals, provide prep for cooking demonstrations, and supponthe daily chef‘s table featuring wine and food pairings for up to 20 people per sitting. The Chef‘s Table will service both lodging guests and also be open to the public by reservation only;0 Outdoors areas for lodging guest use only; and0 Staff facilities located in the multi-purpose building will include a break room, restrooms, lockers and showers, and covered bicycle parking.

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Agenda Item #9.1.

Area Summa
PROPOSED ggs?
est Lodging 32,100
_‘_B
Pool & Fitness Building 2,652
Spa Building 3,114
Utility Building 3,452
Agricultural Barns 2,000
TOTAL: 53,200 sf
The spa, pool and ?tness building and associated pools would be for use by lo d
gi
n
g
s only. Construction of the buildings described above would result in approxima tely
53,
200 new commercialfloor area on the currently vacant property.

Employment: On average up to 65 employees,split into 3 shifts will work dai ly
the at
. If employees travel to work by automobile, they will park at the supplement al
pa
rk
in
g
ted at McCormick and Dowdell. Secure covered bicycle storage, showers and will provided for employees. A transportationdemand manager (TDM) will be ap po
int
ed
to
ExhibitC Page 2
s we:

Additional Facilities and Buildings:

A 3,452 sf utility and service building whi
ch
include awbicycle center for guests,
o
ul
d
housekeeping,pool support and a green en
er
gy
This building would also facil
ity. accommodate a small laundry area serving needs for the and pool, gym, spa lodging.

A 3,114 sf spa building which would inclu
de
fotreatme and two roms saunas;
nt ur
A 2,652 sf pool and ?tness building which ainclud and lockers, showers; gym, e
Two outdoor pools, includingone children
’s
would belocated in-between theree p
o
ol
,
buildings; and
Two (2) 1,000 sf agricultural barns in the n
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e
a
s
t
area of the agriculturally zoned cmer
will house tractors, farm equipment and wi
ll
and maintenance repair
c
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activities.

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Agenda Item #9.1.

facilitate employee car-pooling and other programs to reduce vehicle miles traveled (VMT). Ten employees already working at the current restaurant will support breakfast and room service at the lodging facility. An additional 11 employees will be added to the existing marketing,sales, reservations and support services already operating for Fannstead at Long Meadow Ranch (these employees will work at the LMR offices at 801 Main Street, St. Helena).

Access and Parking: Automobile access to the lodging facilities will be from Mills Lane.

Mills Lane will be realigned with Grayson Avenue at Highway 29 and widened to accommodate two lanes of traffic and parallel parking on both sides of the street. In addition, a 10’ class 1 sidewalk and landscaping strip will be added on the north side of the street to accommodate pedestrian and bicycle traffic. Stop signs will be added at the north end of La Fata and at the exit from the Lodging driveway entrance. With the improvements of Mills Lane, a proper connection to La Fata will be completed at the same time. Also, a sidewalk will be added to the west side of La Fata. LMR will complete the construction of the Mills Lane and La Fata Street improvements prior to the opening of the lodging with costs allocated per the Highway 29 Specific plan, development agreement and conditions of approval.

The entrance to the registration parking court and parking lot will be aligned with La Fata Street. There will be 80 onsite parking spaces. All employee parking will be at the supplemental lot located at McCom1ick and Dowdell. Employees will not be allowed to park on site or on neighboring side streets. The applicant will provide an on-call shuttle for employees to both sites when needed at night. Secure bicycle parking will also be available for general public guests not staying at the lodging.

Water: The lodging and related facilities’ needs for potable water (identified as approximately 5.8 acre-feet annual requirement)will be fulfilled through a connection to the City of St. Helena water system. Existing on-site non-potable wells will service all agricultural and landscaping activities. The pool will initially be filled by water from outside the City of St.

Helena. To achieve the City’s requirementsfor water neutrality the Developer and City have negotiated for Developer to provide an innovative program to achieve water neutrality through the Development Agreement. As set forth in the terms of the Development Agreement, the Developer has agreed to construct and install recycled water infrastructure (i.e., purple pipe) in Mills Lane extending from Highway 29 easterly to the eastern end of Mills Lan. As the City’s purposes. The piping that the Developer has agreed to install will, at a minimum,provide the ability to irrigate the landscapingat Crane Park and the ?elds at St. Helena Elementary School with recycled water, which would provide projected annual water savings of more than two timesthe annual water usage for the lodgingproject. Developer has agreed to fund these improvements at a cost of up to $256,549, which is more than $100,000 more than the in-lieu fees that Developer would pay under th3e City’s water neutrality ordinance (the in-lieu fee would have been $142,341.73). In addition to the Development Agreement, the applicant will enter into a water agreement that will set a cap on allowable water usage for the project and require that the applicant construct the recycled water improvements described in this section.

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Agenda Item #9.1.

CITY OF ST. HELENA
ORDINANCE NO. 2020-9

AN ORDINANCE OF THE CITY COUNCILOF THE
CITY OF ST. HELENA APPROVING A

DEVELOPMENT AGREEMENT WITH LMR

DESTINATIONS, LLC RELATING TO THE
FARMSTEAD LODGING PROJECT AT 1000MILLS
LANE
WHEREAS.to strengthen the public planning process. encourage private participationin comprehensive planning and reduce the economicriskof development. the Legislature of the State of California adoptedGovernmentCode Sections 65864 et seq. (the “Development Agreement Statute") whichauthorizes cities to enter into agreements forthe developmentof real propenywith any person having a legal or equitable interest in such property in order to establish cenain development rights in such pmperty; and WHEREAS.in accordance with the DevelopmentAgreement Statute.the City of St. Helena(the “City") has enacted regulationsencompassedin St. HelenaMunicipalCode Chapter I7.I56 (the “DevelopmentAgreement Regulations") to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; and
WHEREAS, in accordance with the DevelopmentAgreement Statute and the Development Agreement Regulations. LMR Destinations.LLC. a California limited liabilitycompany (the “Developer“)has appliedto the City forcenain landuse entitlements and a developmentagreement for the development of the Farmstead Lodging Project. a 65 room single story hotel project. which in addition to the guest rooms includes a multipurpose building for guest receptionladministration. a bar and lounge area, meeting/classroom with demonstmtionkitchen.commercial kitchen and staff facilities:a two approximately acres used for agricultural purposes (the “Pmject"); and WHEREAS, on October I3. 2010.the City Council approved Resolution No. 2020—l00 adopting a Mitigated Negative Declaration for the Project (the “Mitigated Negative Declaration"). ?nding there is no substantial evidence in suppon of a fair argument that the proposed Project will have a signi?cant. adverse impact on the environment with the mitigation measures proposedand adopting a resolution approving Design Review.Use Permit.Lot Line Adjusunent. Lot Merger. Variance and Water Agreement (the “Project Entitlements") for the Farmstead at Long Meadow Ranch Project at I000 Mills Lane; and Exhi
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WHEREAS, Developer desires to carry out the development of the Project consistent with the General Plan. the Highway 29 Speci?c Plan and the Developrrient Agreement and the vested entitlementsreferenced therein.and WHEREAS, the Development Agreement will assure both the City and the Developerthat the Projectwill proceedas proposed and that the public improvementsand other amenities and funding obligations of the Developer will be accomplished as proposed:and that the Project can proceedwithoutdisntptioncausedby a change in City planning and developmentpolicies and requirements. whichassurance will thereby reduce the actualor perceived risk of planning. ?nancing and proceeding withconstmctionof the Project and promote the achievementof the private and public objectives of the Project; and
WHEREAS, the Planning Commission of the City held a duly noticed public hearing on August I8. 2020 on the Mitigated Negative Declaration.Project Entitlements and the DevelopmentAgreement. during which public hearing the Planning Commission received comments from the Developer City staff.and members of the general public and made a recommendation to the City Council on the adoption of the Mitigated Negative Declarationand approvalofthe Project Entitlementsand the DevelopmentAgreement; and WHEREAS, pursuant to Section65867olthe Government Code.theCity Council held a duly noticed public hearing on October I3. 2020 on the Mitigated Negative Declaration, Project Entitlements and the Development Agreement. during which public hearing the City Council received comments from the Developer,City staff.and members of the general public.

NOWTHEREFORE,THE CITY COUNCILOF THE CITY OF ST. HELENA, CALIFORNIA.DOES ORDAIN AS FOLLOWS:
. This Ordinance incorporates. and by this reference makes a pan hereof.the DevelopmentAgreement attached heretoas ExhibitA.subject to the provisions This Ordinance is adopted underthe authority of Oovemment Code Section 65864 et seq.. and pursuant to the Development Agreement Regulations. SEQEIQN;.

In accordance with the Development Agreement Regulations. the City Council hereby ?nds and determines that the provisions of the Development Agreement are consistent with the General Plan and Highway 29 Speci?c Plan Speci?cally. the Project to be developed pursuant to the DevelopmentAgreement is consistent with the land use designations for the parcel upon which the Project will be developed. The lodgingcomponent of the Project willbe constructed on theportion of the parcelthat is withinthe City's UrbanLimitLine and is designated as ServiceCommercial (SC). where lodging is an allowableuse. The portionsof the parcel that are outside the Urban LimitLine will remain in agricultural use. consistent with the requirementsof the General Plan. The Project will funher numerous policiesof the General Plan as more Exh
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speci?cally enumerated in the City staff reports prepared for this Ordinance, in that the Project would support both a local and visitor sewing component to the City's economy by providingjobs. tax revenue.and additionalamenities. The Project would enhance the character in the SC disuict by redeveloping an under-utilizedsite in the commercial district. The Project would also be oriented towardan upscale market, consistent with the Napa Valley‘: reputation as a producer of world-class wines. Funher.the Project is consistent with the Highway 29 Speci?c Plan and would implement its direction by providing forthe realignmentof MillsLind withGntyson Avenue consistentwiththe goals of the Highway 29 Speci?c Plan.

SECTIQN4. The foregoing ?ndings and determinationsare based upon the following:
(a) The Recitalsset forth in this Ordinance,which are deemed true and correct;
(b) The City's General Plan:
(c) The City's Highway 29 Speci?c Plan:
((1) ResolutionNo.2020-100.adoptedby theCityCouncilon October13,2020. making ?ndings as to the Mitigated Negative Declarationfor the Project, including the Statement of Findings and the Mitigation Monitoring and Reponing Program. and adopted a resolutionapproving Design Review.

Use Permit, Lot Line Adjustment, Lot Merger, Variance.and Water Agreement for Mills Lane, approved by and incorporated in said Resolution.which Resolution and exhibits are incorporated herein by reference as ifset forth in full:
(e) Resolution No. __ of the PlanningCommission of the City of St. Helena recommending that the City Council approve a DevelopmentAgreement (0 All City staff reports (and all other publicreports and documents) prepared for the City Council, relating to the DevelopmentAgreement and other actions relating to the Property; (g) All documentary and oral evidence received at publichearings or submitted to the City during the comment period relating to the Development Agreement. andother actionsrelating to the Property; and (h) All other matters of common knowledge to the City Council.including, but not limited to the City's ?scal and ?nancial status; City policies and regulations; repons,projectionsand correspondencerelated to development within and surrounding the City; State laws and regulations and publications.

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SECTIONS. The City Council hereby approves the DevelopmentAgreement. attached hereto as Exhibit A.subject funher to such minor.conforming and clarifying changes consistent with the temts thereof as may be approved by the City Manager. in consultation with the City Attorney to execution thereof. including completion of references and status of planning approvals,and completionand conformity of all exhibits thereto.
. The City Manager is hereby authorized and directed to performall acts authorized to be performed by the City Manager in the ztdminislrttion of the Development Agreement pursuant to the temis of the DevelopmentAgreement.

SECFION 7. If any section.subsection.sentencc.clausc.phrase or portionof this ordinance is for any reason held invalid or unconstitutional.such decisionshall not affect the validity of the remaining portions of this ordinance. . This ordinanceshall become effective on and after the thirtieth (30"')day following its adoption.
§E§1lQ? 2. The Mayor shall sign. and the City Clerk shallcertify to the passage and adoptionof this Ordinance and shall cause the same. or the summary thereof. to be publishedand postedpursuant to the provisionsof applicablelaw.

PASSED.APPROVED ANDADOPTEDby the CityCouncilof the Cityof St. Helena.

Calilomia.at a regular meeting of the CityCouncilheld on the 27th day of October. 2020 by the followingvote:

Mayor Ellsworth: Yes
Vice Mayor Dohrlng: Log
Counellmomber Knudsen: _V_g§ Counellmember Kobersteln: Yes GeoffEllslh_t'.trth. Mayor I, CINDYTZAFOPOULOS, CITYCLERK of the City of St. Helena, Califomla, do hereby certifythat the foregoing Ordinance was regularly Introduced and placed upon Its first reading at a regular meeting of the City Council on the 13"‘day of October.2020 by the followingvote:

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Mayor Ellsworth:

Vice Mayor Dohrin
g: Councllmember C
ho
ut
ea
u:
councilmember K
nu
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en
:

Councilmember K
ob
ers
tel
n:
/
Cindy Tzalopoulos. CityCle
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Fa I: men:
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PROPERTY OWNER: LMRDestinations LLC APN: 009-070-49.52.513.54 Recitals

1. LMFlDestinations LLChas submitted applications to the City of St. Helena for a Use Pennit, Design Review. Lot Line Adjustment. Lot Merger. Variance. Water Agreement and Development Agreement approval in order to constmct an new 65 room hotel and associated facilities at 1000 MillsLane in the Service Commercial and Twenty-acre Agriculturedistricts as described below:

A 9,682 sf multl—purposebuilding;and
A 3,452 sf utilityand service building; and
A 3.114st spa building;and
A2.652sf pool and fitness building;and
Two outdoor pools. includingone children's pool, and
Two (2) 1,000 sf agricultural barns.

2. Pursuant to CEOAGuidelinesSections 15072 and 15073.a Draft Mltigated Negative Declaration and included InitialStudy was circulated for public review and comment front May 29. 2020 untilJune 29. 2020; and

3. The InitialStudy/Mitlgated Negative Declaration concluded that implementation of the Project could result in a number of potentially signi?cant effects on the environment and Identi?ed mitigation measures that would reduce the signi?cant eifects to a less-than-significant level; and

4. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid signi?cant effects on the environment, CEOA also requires a lead agency to adopt a MitigationMonitoringand Reporting Program to ensure compliance with the mitigation measures during project implementation; and

5. A publicnotice was published in the Napa Valley Register and mailed to residents and occupants within300 feet of the project site in compliance withstate and locallaw; and

6. The Planning Commissionof the City of St Helena.State of Callfomla.considered the project.staff report. and all testimony,writtenand spoken. at a duly noticed public hearing on September 14.2020 and September 17.2020; and CIT OF ST. HELENA
Y
NO. 2020-100

RESOLUTIONOF THECI
TY
COFITY ST. ADOPTING THE HELENA A
O
U
N
C
I
L

MITIGATEDNEGATIVEMITIGATION MONITORING ANDD

REPORTING PROGRAM, ADRESOLUTION APPROVING DESIGN A
OPT
ING

REVIEW,A USE PER
MIT,

UNE ADJUSTMENT, LOT AMERGER,

VARIANCE,ANDA W
AT
ER

AGR FORARMSTEAD LONG THE AT
EEM
ENT

MEADOWRANCHPROJE
CT
1000 MILLS CITY OF ST. ALANE INTHE HELENA,
CALIF
ORNIA Exhi
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(Res. 2020-I00) D

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Negative Declaration and MitigationMonitoringand ReportingProgram and approve a Use Pennit, Design Review, Lot Line Adiustment. Lot Merger. Variance, and Water Agreement approvinga DevelopmentAgreement thereby authorizingthe modi?cations described in the staff report and the reviewed plans based on the ?ndings below and subject to the conditionsof approval enumerated herein.

Rlrr
. In reviewing the ?ndings in this Flesolution.the City Councilrelied upon and hereby incorporates by reference all of the documents referenced In this Resolution and the associated staff reports, City ?les for this matter, correspondence. presentations and other materials.
- I

1. The City Council has independently reviewed and analyzed the Initial StudyIMitigated Negative Declaration, public comments, and all other informationin the record and has considered the lnforrnatlon contained therein, prior to acting upon or approving the Project; and

2. The InitialStudy/MitigatedNegative Declaration prepared for the Project has been completed in compliancewithCEDAand consistent with state and local guidelines implementingCEDA:and

3. On the basis of the whole record.there is no substantial evidence that the Project as designed, conditioned, and mitigated, will have a signi?cant ettect on the environment:and

4. The Initial StudylMitigated Negative Declaration represents the independent Judgment and analysis ofthe City as lead agency for the Project

5. Based on the foregoing. the City Council approves the Initial StudylMitigated Negative Declaration and adopts the MitigationMonitoringand Reporting Program forthe Project.

6. The custodian of the documents and other materials that constitute the record of proceedings is Cindy Tzalopoulos. City Clerk and may be inspected at 1572 RailroadAvenue, St. Helena, CA94574.
in accordance with the design review criteria identi?ed in SHMCSection 17.164030. the City Councilfinds that the project demonstrates the following: 1. Consistency and cornpatibilitywithapplicable elements of the General Plan and Highway 29 Speci?c Plan In that the proposed structures are consistent withthe intent of applicable General Plan and Highway29 Speci?c Plan policies pertaining to development in the Service Commercialand Agricultural Districts. 2. Compatibility of design with the immediate environment at me site in that the project has been designed to be compatible with the sunounding environment. 3. Relationship of the design to the site is found to be consistent in that the project has been designed to be compatible withthe site and the sunoundlng area.

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4. That the design is compatible in areas considered by the board as having a uni?ed design or historical character in that the project has been designed to be compatible withthe site and the sunounding area.

5. That the design promotes hannonlous transition in scale and character In areas between different designated land uses in that the project Is at a similar scare and character to other development in the immediate area.

6. Compatibility with future construction both on and on’the site in that the proposed project willblend in withexistingand future construction in the irnmedlate vicinity.

7. That the architectural design of structures and their materials and colors are appropriate to the function of the project in that the pmject has been professionally designed to suit the site and its surroundings.

5. That the planning and siting of the various functions and buildings on the site create an i'ntemai sense of order and provide a desirable environment for occupants, visitors and the general community in that the improvements have been designed to be compatible withthe site and its sunoundings.

9. That the amount and arrangement of open space and landscaping are appropriate to the design and the function of the snucturas in that landscaping and open space will enhance the overall appearance of the property and the immediate vicinity.

10. That access to the property and circulation systems are safe and convenient for pedestrians, cyclists and vehicles in that access to the site willbe provided via a realigned MillsLane. Additionalpedestrian connectivity willbe provided by new sidewalks on LaFata Street and a pedestrian path connecting the property to 738 Main Street.

11.That natural features are appropriately preserved and integrated with the project in that the project has been designed to be compatible with the site and its surroundings.

12. That the materials, textures, colors and details of construction are an appropriate expression of its design concept and function and whether they are compatible with the adjawnt and neighboring stnicture and frmctions in that the proposed

15. That the landscape design concept for the site as shown by the relationship of plant masses, open space, scale, plant toms and foliage textures and colors create a desirable and functionalenvironment and whether the landscape concept depicts an appropriate unity withthe variousbuildings on the site in that project landscaping and open space willenhance the project site and its sunoundlngs. 14. That sustainability and climate protection are promoted through the use of green building practices such as appropriate site/architectural design, use of green building materials, energy efficient systems and water efficient landscape materials in that project related construction is required to meet all California BuildingCodes and Cityof St Helena development standards. .

In accordance with SHMCSection 17.16B.050 the City Council adopts the following use peimtt ?nd ngs to support the motionto recommend approval of the use permit:

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1. That the proposed uses would not generate odors, iurnes, dust, ?ght, glare, radiation or refuse me! wouldbe injuriousto surrounding uses or to the community in that proposed uses are related to a new hotel and would largely occur indoors withinnew buildings.

2. ‘Thatthe proposed uses would not generate levels of noise that adversely affect the health, safety, or welfare of neighboring properties in that the proposed project is subject to City noise regulations and is not anticipated to produce frequent noise audible beyond the property line.

3. That the proposed use would not generate traffic noise in excess of the ‘normally acceptable‘ range identi?ed in the General Plan as traffic related impacts have been identi?ed in the MltigatedNegative Declaration and been delen-nined to be less than signi?cant.

4. That the proposed use would not make excessive demands on the provision of public services r'ncluding water supply, sewer capacity, energy supply, communication facilities, po?ce protection, and ?re protec?on in that lmpacLs to these servims have been identi?ed in the Mitigated Negative Declaration and been determined to be less than signi?cant.

5. That the proposed uses would provide adequate ingress and egress to and from the proposed location in that ingress and egress to the project site would be provided via a realigned Millslane.
6‘. That allowing the proposed uses would not conflict with the City's goal of mairrtainingthe economic viabilityof a local serving economy in that the proposed project wouldbe consistent withGeneral Plan Update 2040 policies.

7. Thatthe proposed uses wouldbe cornpatibiewithsurroundingland uses and would not conflictwiththe purpose established for the dstrict within which it would be located as the proposed project is consistent with the intent of the Service Commercialand A-20 zoning districts.

8. That the proposed uses would not be in conflictwith the City‘sGeneral Plan in that the project would support both a local and visitorserving component to the City's that the proposed uses consist of a new hotel and anci?ary faci?ties and would largelyoccurindoors withinnew builr?ngs. 10.That gran?ng the use permit would not set a precedent for the approval of similar uses whose incremental eliect would be det?rnental to the City or would be in can?ict with the General Plan in that this use permit only applies to this property and to thisspecific use. 11.That, as demonstrated on a detailed plan submitted by the applicant, adequate off- street parking to accommodate the long term parking needs at employees and business owners and customers is available in that the proposed project has provided required off-streetparking. 12.That the capacity of surrounding streets is adequate to serve the automobile and defrvery truck trai?c generated by the proposed use in that the project site an adequately be served by erdstingstreets and a realigned MillsLane.

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Agenda Item #9.1.

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2. In accordance with SHMC Section 17.171050. the City Council adopts the following findingsto support the motion to recommend approval ol the variance:

1. A hardship peculiar to the property, not created by the owner.exists as this requirement doesn't lollowmodern operational models and creates operational inefficiencies and therefore constitutes a peculiar hardship that is appropriately addressed and may be resolved through consideration of a Variance.

2. Other hotels In the SC district are not burdened by this requirement, therefore. the variance is necessary for the preservation and enloymant of substantial property rights available to other properties in the same district and vicinity; and that a variance.ifgranted, wouldnot constitute a special privilege of the recipient not enjoyed by his or her neighbors.

3. The authorization of the variance willnot be a substantial detriment to adjacent properties and willnot maten'allyimpair the purpose and intent of this title or the public interest, or adversely affect the general plan.

4. Inasmuch as there are not a signi?cant number of similar properties in the vicinity or zoning district.it is not reasonably practicable to fonnulate a general regulation for such condition or situation. In other words, there are not enough hotels to make it necessary or practical to amend the zoning code to address this peculiar situa?on.

5. An approval of this Variance to allow for a 24/7 365 day/year on-site manager opposed to requiring that a manage physically live on-site willenhance the public health, safety and welfare ol the community.

In accordance with the requirements of SHMC Chapter 15.08. the City Council approves the lot lineadjustment and lot merger as described In the staff report.

The City Council approves design review. a use pennlt. a variance, a lot irne adjustment. a lot merger. and a water agreement. for the above-described project located at 1000 Mills Lane subject to the following conditions of approval. The conditions noted below are particularly pertinent to this permit and shall not be construed to permit vrolationof other laws and policiesnotso listed. . The project shall be in conformance with at city ordinances, rules.regulations and policiesin effect at the time of Issuance of a building permit This approval shall be vested pursuant to the development agreement. provided however that the approval may be extended under the terms at the development agreement or for up to two (2) one-year periods pursuant to the St. Helena Municipal Code.Section 17 O8 130 Extension of Permrts and Approvals. Any request for an extension of th s approval shall be justified in writing and received by the PlanningDepartment at east thirty(50) days priorto expiration. Allrequired fees.unless otherwise speci?ed in the development agreement, including planning fees development impact fees, buildingtees.and St. Helena UnifiedSchool District tees shall be pa d prior to issuance of a buildingpermit except as expressly Exh
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provided herein. Fees shall be those in effect at the time of the issuance oi the building permit.

5. Developer shall make a payment for the purpose of furthering the City's affordable housing goals in accordance with the requirements of Section 5.1.6 entered into by and between Developer and the City for this project. The Development Agreement requires $1.000.000to be paid to the City priorto issuance of the buildingpermit. and the remaining$2.200.000 to be paid at the earlier of (i) Transfer of the Property by Developer, other than a Pennitted Transfer (‘Translet’ and "Permitted Transfer‘ are defined in the Development Agreement); (ii) conversion of Developer's constmction financing forthe Project to permanent financing. or (iii)sixty(60) months after issuance of a ?nal certificate of occupancy torthe Project.

6. Compliance with all pennlt conditions shall occur in accordance with speci?c regulations but in all cases no later than priorto occupancy or initiationof use unless another time isset by lawor by this approval. Occupancy or ?nal inspectionoi a project may be withheldif all conditions, including payment of fees forservices rendered by the City, are not met.

7. In any action or proceeding to attack, challenge. invalidate, set aside.void or annul the City’s approval of applicant's Project. in whole or in part. applicant shall defend, at its own expense and without any cost to the City, and with counsel acceptable to the City, and shall fullyand completely indemnify and hold the City, its agents, officers, and employees hannless from and against any and all claims.causes of action, damages, costs, attomey's fees and lhbility ct any kind,so long as the City reasonably promptly noti?esthe applicantof any such claim.action.or proceedings and the City cooperates fullyin the defense of the action or proceedings.

3. Provided they are in general compliance with this approval and the development agreement. minor modifications may be approved by the Planning and Buildlrrg Director.

9. Pursuant to St. Helena MunicipalCode Section 17.oa.11o, this permit shall run withthe land and shall be binding upon all parties having any right, title or interest in the real property or any part thereof.theirheirs.successors and assigns, and shall inure to their bene?t and bene?t ofthe Cityof St. Helena.
the Building Official.Fire inspector and or Public Works Department to review compliance with Building Codes. Fire Codes and specific Public Works Standards inciudingfireprotectionsystems and any applicable accessibilitystandards of Title24. 11.Constructlonshallbe incompliancewithplans submitted and reviewed by the Planning Commission on September 14, 2020 and September 17, 2020, and by the City Council on October 13.2020 except as modi?ed herein. 12.Ifthe property is sold or otherwise conveyed to new owners.the owner or successor in interest is required to notify the Flaming Director in writingwithin30 days at the change in ownership. The use pennlt shall then be brought before the Planning Commissionfor review in order for the City to assess whether operational practices that are differentthan what is approved in this use pennlt may occur and whether a use permitamendment is required.

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13.For attendees who are not lodging guests. 1) the chefs table and demonstration classes shall occur during oli-peak hours.2) the chel's table is limited to 20 persons per event and 3) the demonstration classes are limitedto 40 persons per event.

14.The spa. ?tness building. pools, and outdoor seating areas are for the use of guests only.

15.Bar and lounge activitiesshall complywiththe City's noise ordinance. i6.All live and amplifiedmusicmust complywithapplicableCitynoise regulations.

17.With the exception oi handicapped employees. all employees shall park in the off-site supplemental lot; employees shall not park on—siteor on neighboringstreets.

18. Allguests and visitors must park on-site or at applicant provided otl-site parking.

19. Planters and tree wells must be bordered by a six-inch high concrete curb or equivalent barrierapproved by the City.

20.A minimumof 20% ot the subject property must remain maintained landscaping and shall be kept in a weed-tree condition.

21.The owner or successor in interest shall notifythe City in writing it the lease option for the olf-site parkinglotto be used for employee parkingat DowdeillMcConnickis lost or the lease is otherwise tennlnated or expires. The owner or successor in interest shall provide evidence that a parking lot with a similarnumber of parking spaces has been secured (and is approximately the same distance from meproiect site or applicant providesappropriate transportation fromparking to prolect site).

22. Prior to issuance of a Certificate of Occupancy, the applicant shall designate a Transportation Demand Management (TDM) coordinator to establish programs to ensure VMT by guests and employees are reduced.including. but not limited to. employee car and vanpooiing, employer-sponsored transit passes. bicyclesharing. showers, lockers.secure bike storage. and winery tours tor guests withpickup and drop-oil at the lodge.

23. Prior to issuance at a Certi?cate oi Occupancy, the developer shall provide veri?cation that an on-oall shuttle service is available during all hours as longas there is an oli-site employee parkinglot.

25. Priorto issuance of a grading permit.the project site shall be adequately ienced and secured to prevent trespassing. 26. Exteriorlightingshall be directed or shielded to prevent glare onto the publicroadway or adjacent properties. 27. Prior to issuance of a Certi?cate oi Occupancy, the applicant shall provide two (2) courtesy bicycles per guest room. 28. To reduce disturbance cl residents in the pro)ect vicinity.construction activities which generate noise that can be heard at the property line of any parcel of real property within the City limits shall be lirnlted to 8:00 am. to 5:00 p.m. Monday through Saturday. Del‘wery oi materialslequipment and cleaning and servicing oi machineslequlpmentshall be limitedto 7:00 a.m. to 6:00 p.m. Exceptions to these time restrictions may be granted by the Public Works Directorfor one of the following Exh
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reasons: (1) inclementweather effecting work.(2) emergency work, or (3) other work.if work and equipment will not create noise that may be unreasonably offensive to neighbors as to constitute a nuisance. The City Engineer must be noti?ed and give approval inadvance of such work. No constructionactivitiesshall occur on Sundays or federal or local holidays that generate noise that can be heard at the property line of any parcel of real property withinthe City ?mits.

Puglig Wgrks Qggg?mgng Qggitions of Aggroval

29.Approval of this projectshall be subject to the requirements of.and all improvements shall be designed and constmcted in accordance with, the most current version at the time of improvement plan submittel.Caltrans Standards and Specifications, the City of St. Helena MunicipalCode.the St. Helena Water and Sewer Standards.the St. Helena Street, Ston11 Drain and Sidewalk Standards, and all current federal. state and county codes governing such improvements.

30.For any improvements outside the existing building envelope. a grading and drainage plan showing topographic data. all easements. infrastructure onsite and directly adjoining. and an erosion control plan shall be submitted for review and approval by the City Engineer prior to the issuance of a building pennii. ii the project entails more men50 cubic yards of soil disturbance. 10.000 square feet of disturbance area.a cut or fillof 3 feet or more, or alteration of any drainage pattern. a grading pennit shall be required.

31.improvement plans shall incorporate all grading, drainage, and utilitiesshown on the approved Use Pennlt package. those improvements agreed to in public hearings. the requirements of these conditions of approval. and these improvements required by any codes in effect at the time of plan submittal.

32.Drainage needs to be routed to prevent inundation of neighboring properties.

Grading andlor site improvement plans shall show how 2-year and 10-year storm flows shall be infiltrated on site andlor diverted at the property lines to prevent inundation of neighboring properties. The Developer shall submit a storm drain system design calculations for the project in accordance with City of St. Helena.

Napa County and State of California codes in effect at the time of improvement plan pipe size inlet capacity and other information necessary to support the proposed design. 33. Prior to the issuance of a Certi?cate of Occupancy. the Developer shall install storm drain Detention system improvements as required to maintain post development 10- year runofffromthe predevelopment levels. The Developer shall submit storm drain detention system supporting calculations for review and approval prior to improvement plan approval. 34.Prior to the issuance of a Certificate of Occupancy. the Developer shall install detention system inlets sized to pass at minimumthe 25-year flows. 35.A grading and drainage plan shall be prepared for the projectthat includes a design that allows for a 100-year overland release. Allgraded buildingpads shall be above the 100-year overland release elevation.

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36.The grading plans provided by the Developer for review shall include the existing topography shown with contour lines labeled at one-loot intervals and extending a minimum of 100~ieet beyond the limits of the site, or sufficient distance to indicate impacts on adjacent properties.

37. Erosion and sediment control plans shall conform to the latest State and City codes at a minimum

38. Prior to the issuance of a grading permit or building permit (whichever occurs ?rst). the project property owner shall ?le a Notice oi intent (NOI) with the State Water Resources Control Board and prepare a Constmction Stonn Water Pollution Prevention Plan (SWPPP).This is required because the overall project grading involves an area of disturbed surface soil that is greater than or equal to one acre..

39.The Developer shall execute a City of St. Helena Water Agreement with an annual water use cap of 1,953,928 gallons per year priorto issuance of a BuildingPemrit

40.Due to the new water demand on the City system in the amount of 1.953.928gallons per year, the Developer shall implement an alternative innovative method of mitigating water use as allowed under Section 13.12.030(B) of the SHMC, and approved by City Council in the Development Agreement prior to certi?cate of occupancy. The required oflslte improvements to ollset water demand as required pursuant to the Development Agreement is as ioliows:The Developer shall construct and install $256,549 worth of water infrastructure (l.e.. purple pipe) in MillsLar1e between Highway 29 easterly to the eastern end oi MillsLane. This purple pipe is intended to connect to a future wastewater treatment facility and deliver recycled water to Crane Park's irrigation infrastructure by November 1. 2022.signi?cantly reducing the City's use of potable water. No certificate of occupancy for the Lodging component may be issued.until either the Developer has demonstrated or City has con?rmed that either: (a) the water savings from the irrigation of Crane Park with recycled water from the wastewaier treatment fac?ity offsets the Lodging component's anticipated water demand, or (b) the Developer has identified and implemented other measures calculated to save potable water in amounts equal to the Project's anticipated use of City water pennanently or until recycled water is delivered to Crane Park. Such improvements shall be constructed and approved by the city Engineer in accordance with the terms ol the Development Agreement prior required under this condition in accordance with the terms of the Development Agreement. 41.The Developer shall adhere to the executed Water Agreement with the City and shall incorporate water conservation practices into the proposed project per the Water Availability Analysis prepared by Sherwood Design Enineers.dated May 2, 2017 and the revision dated September 2, 2020. The water conservation requirements shall be replicated In fullon the architectural plans. 42.Prior to issuance of a Certi?cate oi Occupancy. all parcels shall be connected to the City oi St. Helena municipal water system and installed per City of St. Helena standards. 43. Prior to issuance of a grading or buildingpennit (whichever occurs first) a detailed Post-Conslmction Storrnwater Control Plan (SWCP) that identi?es and sizes all Exh
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pennanent post—construction stonnwater treatment BMPs shall be prepared by the applicant's engineer and submitted tor review approval. The Plan shall be prepared in accordance with the latest edition of the Bay Area Stcnnwater Management Agencies Association (BASMAA)Past-ConstructionManual and the requirements oi the State Water Resources ControlBoard Phase IIMunicipalSeparate Storm Water System (M54) General Permit (Order 2013-0001 DWO).

44.Prior to the issuance of a Certi?cate of Occupancy, a Post Construction Stonnwater Operations and Maintenance Plan that provides a color-coded plan sheet showing all storm drain and water quality inirastructure that is to be maintained.along with detailed instructions and schedules torthe ongoing maintenance and operation at all post-construction stonnwater BMPs shall be submitted by the applicant's engineer for review and approval by the City Engineer. Once approved. the property owner shall enter into an agreement withthe City that provides the tenns. conditions.and security associated with the ongoing requirements of the Post Constmction Stonnwater Best Management Practices.

45." proposedlnew landscaping involves an area greater than 500 square feet or rehabilitation oi more than 2.500square feet.the proposed landscaping shall comply with the State's Model Water Efficient Landscape Ordinance (MWELO). MWELO compliance shall be demonstrated as part of the building permit submlttai.

45.Prior to issuance of a grading permit, a detailed Soils investigation/Geotechnical Report shall be prepared by the developer and submitted for review. The report shall address, at a minimum.potential for liquefaction. Fi-values.expansive soils and seismic risk. The improvement plans shall incorporate all design and construction criteria recommended in the Geotechnical Fieport.

47.Prior to issuance of a grading permit, unless otherwise explicitly pennltted. all existing abandoned wells, septic tanks/systems and/or underground iuel storage tanks shall be abandoned under pennit and inspection of Napa County Department oi Environmental Services or other designated agency. it there are none.the Developers project engineer shall provide a letter describing the scope of the search done to make this detenninatlon.

48.Per the September 14. 2020 Technical Memo titled “Hydrogeoiogic Evaluation oi Possible Impact of Proposed irrigation-SupplyPumping on Local Aquifer Systems applicant shall adhere to the iollowing: a) Prior to certi?cate of occupancy. the applicant shall initiate a groundwater monitoringprogram forthe three active cnsita walls. This willinclude frequent. consistent, and accurate monitoring of water levels, frequent monitoringof pumping rates and pumped volumes oi groundwater and could also include verifying the accuracy of the existing ?ow meters in Well #1- PWS and Well #2-IFiFl. Water level monitoring should continue to utilize pressure transducers set to a depth just above the depth setting oi the new pump in Well lit-PWS and Well #2-lFtR. A new transducer should be installed and properly calibrated in the Shared well, along with a proper dual reading iiow meter that is installed at an appropriate location on the discharge pipe near its wellhead. These transducer installations must include occasional corroboration using a manual water level sounder. The acquired data shall be Exh
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downloaded and reviewed on a quarterly basis by the applicant and submitted to the City Public Works Department on an annual basis by June 30:and b) Prior to certificate oi occupancy, the applicant shall have completed one of the followingoptions on the inactive well:
i. Shall demolish the inactive well per State and County standards (DWR. Bulletin74-90); or
it. Leave the inactive well on the parcel as part as a pennanent groundwater monitoring well. The acquired data shall be downloaded and reviewed on a quarterly basis by the applicant and submitted to the City Public Works Department on an annual basis by June 30:or
nl. Submit the appropriate permit applications to the City and the County to rehabilitate the inactive well in order to utilize it for an emergency back-up supply well. The well will be required to be monitored similarlyas the three active wells and submitted to the City Public Works Department on an annual basis by June 30.

49. Prior to the issuance of a grading permit. the site plan shall show the locationof any trees withinthe project area. Provide a tree protection plan for approval by the Public Works Directorprior to approval of the building pemrlt. The plan shall be coordinated with any civilgrading/drainage/improvement plans.

50.The Developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

51.Prior to the issuance of a Certificate of Occupancy, the Developer shall underground all on-site utilitylines per St. Helena Municipal Code. The cost of undergrounding shall be the responsibility of the Developer.

52.Due to the economic and engineering infeasibility of undergroundlng regional sewing overhead power lines.such existing lines may remain on overhead power poles.

53.Any new and modi?ed existing water laterals, meters and backflow prevention Departrnenl of Health Standards. Existing meter boxes located withina driveway shall be retro?tted with a traf?c-rated box. New laterals shall be located perpendicular to the water main and outside any driveway/drive aisle. 54.Fiemodels or new construction which require fire sprinklers shall install an appropriately-sized water service withappropriate backtlow and meter devices prior to Certificate of Occupancy. Fire system calculations shall be submitted with the Grading and Drainage Plan to verify tire service lateral and meter sizing. Deferred submlttals are not accepted. 55.Pruposed separations between public water facilities and other utilities shall meet the minimumseparations as specified by the Departmnt oi Health and the City of St. Helena Public Works Standards.

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56.No constmclion may commence until adequate access to ?re water supply is available to building sites as approved by the Fire Chief.

57.Wastewater discharged is subject to all of the requirements and limitations set forth in Chapter 13.24, Wastewater Discharge, of the St. Helena MunicipalCode. 5B.Priorto the issuance of the first building permit for 1000 MillsLane.the Developer shall apply for annexation to the St. Helena Municipal Sewer District No. 1. The app?cation shall be completed in accordance withthe City oi St. Helena's Sewer Annexation Procedures including all annexation, impact, connection.and sewer lees.

59. Priorto issuance of a buildingpermit. in order to confirmthe theoretical assumptions in the Theoretical Sewer Capac?y provided by Sherwood Design Engineers dated May 2, 2017. the Developer is required to periorm 7-day flow monitoring at the downstream sanitary sewer manholes (No. 1-89 and No. 1-94) to verify that the existing sewer pipe has adequate capacity to accommodate the proposed additional ?ows. Peak sewer flows will not be allowed to exceed 2/3 fullpipe. Ii the proposed wastewater discharge regimen increases peak flows to greater than 23 lull pipe at the monitored locations and withthe current infrastmcture, the owner may be subject to paying a share of the cost of sewer upgrades with a dollar amount proportional to the increase in wastewater ?ow as a result of the site development. c) Concurrent with the building permit application, the Developer shall apply for and obtain a Wastewater Discharge Permit from the Department of Public Works as speci?ed in St Helena Municipal Code Section 13.24.50. The permit conditions willrequire:
a. Discharge ?ow rate shall not exceed 5,150 gallons per day. b. The onsite force ma n system shall provide protection from accidental discharge of prohibited materials or other wastes regulated as detined in Chapter 13.24, wastewater Discharge oi St. Helena Municipal Code. Such facilities shall be provided and maintained at the Owner's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and c Owner shall continuously maintain records of all dailyflows for a rolling three year period Said records shal be made available to the City ior review upon request. d The City shall have the rightto inspect a I parts of the onsite force main system at anytime during normal business hours. Failure to take immediate corrective actions on any deficiencies found may result in enforcement actions as provided under the St. Helena Municipal Code or other applicable law 60.Prior to the issuance of a Certiiicate ol 0 cupancy. the Developer is required to install a wastewater flow meter measuring the total volume of wastewater leaving the project site. into the City's sewage collecton infrastructure.and after installation, Exh
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have the wastewater flow meter calibrated yearly. Annual wastewater flow meter calibration records are to be maintained by the project ownership and made available to City stafi upon request. The style. design, manufacturer, and location of this meter must be of a fonn found to be acceptable by the City. The costs associated with the installation and libration of this meter are required to be fully bome by the Developers. and the results of the flow measurement are to be utilized to detennine the amount of the wastewater billsfor the uses on site. Said meter is requiredto be installed and functionalprior to occupancy oi the project.

61.Prior to issuance oi a certi?cate oi occupancy. trash areas, durnpsters and recycling containers shall be enclosed and rooted per State and County standards to prevent water nm-on to the trash area and water runolf from the area, to contain litter and trash so that it is not dispersed by the wind or mn—offduring waste removal. In the event that wine or food is disposed in these areas, the enclosed trash area shall drain to the sanitary sewer system. An area drain connected to the sanitary sewer shall be Installed in the enclosure area and a stmclural control such as an oil/water separator or send litter shall be included. No other area shall drain into the trash enclosure. A sign shall be posted prohibiting the dumping of hazardous materials into the sanitary sewer.

62.Where applicable, the applicant shall be required to submit to the requirements tor annual inspections of ioodlbaverage service establishments and businesses that handle hazardous wastes for illicitstorrnwater discharges as required by the State National Pollutant Discharge EliminationSystem (NPDES) General Permit for Storm Water Discharges. The annual storrnwater illicit discharge inspections are performed and invoiced by Napa County Department of Environmental Management.

63. Provide details of all proposed fencing, walls.and gates on all plans submitted ior buildingpennlt review.

64. Prior to Certificateof Occupancy. the Developer shell repair all public improvements that are damaged by the construction process in accordance with the City Water/Sewer/Street/Storm Drainlsldewalk Standards.

65. Existingstreets being cut by new utilityservices willrequire edge grindingand an

66.The Developer shall be required to pay a lairshare fee contribution in the amount of 23.3% towards the Dowdell Lane and Highway 29 signallzation at the time such improvement is constructed by the City 67.The Developer shall constmct those certain storm drain mprovemenls necessary to extend and Improve the storm drain along Mills Lane These storm drain improvements willserve properties on MIisLane.La Feta Street. Fountain Street, Grayson Avenue, Main Street (to Charter Oak Avenue), and Vidovich Avenue and to construct an outfall for said stonn drain into the Napa River. The Storm Drain Improvements shall be designed by City in accordance withthe City's long-standing plan ior this separate protect is containedin City's Storm Drain Master Plan dated September 2000 (see Table 4-1) and the Highway 29 Specific Plan (see pages 37- 39. Exhibit11) City shall furtherbe responsible for pennitting required forthe Stcrrn Drain Project. which shall likelyinclude perrnts from the Califcmia Department of Exh
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Fish and Wildlife.San Francisco Regional Water Quality Control Board.and the United States ArmyCorp of Engineers. Developer shall commence construction of the Storm Drain improvements after the City has secured the pennits required tor the Stem Drain improvements. provided. however, that the Stem Drain Improvements shall be completed before the Developer receives ?nal certificate of occupancy for the Project. Upon completion oi the storm drain improvements described in this condition.Developer shall be eligiblefor reimbursementof costs in excess of its proportionate share of costs in accordance with the terms of the Development Agreement.

68.Developer shall construct improvements to Mills Lane. which are consistent with City's Highway29 Speciiic Plan.priorto or concurrentlywiththe development of the Project and shall complete the MillsLane Improvements prior to the issuance of the first certificate at occupancy for the Project by the City. Construction shall be completed in accordance with improvements plane as approved by the City Engineer, and before Developer receives a ?nal certi?cate of occupancy for the Project.

69.The Developer shall construct all on and oftsite improvements in accordance with the improvement plans and supporting calculations that are prepared by a registered civilengineer and reviewed by the City of St. Helena Public Works Department. The improvement plans and supporting calculationsshall include detailed designs for all utilities.water. grading, drainage. erosion control and paving.

70. Prior to issuance of a grading or buildingpennit, the Developer shall be required to obtain a City encroachment permit ior improvements on public right-oi-way.

71.The loiiowingoffslte improvements shall be installed by the Developer. completed prior to the issuance of a Certi?cate of Occupancy and will be provided on a separate oflsite improvement plan set:
- in accordance with civilsite plans prepared by Sherwood Design Engineers, dated May 6. 2019, all required public frontage and street improvements shall be designed and built in accordance with City of St Helena ordinances, Public Works Department Standard Specifications. and Caltrans requirements.
signal upgrade at Highway 29lMain StreetIGrayson AvenueIMilis Lane. signage. striping. street lighting. required accessible pedestrian curb ramps. and a new railroad crossing. - The typical half cross section of MillsLane shall consist oi a landscape strip. 10' path. curb and guitar, 8' parking strip. and 12' travel lane. - in accordance with civilsite plans prepared by Sherwood Design Engineers. dated May 6, 2019. the Developer shall extend the City water main from La Fata to the City's 12' water main on Highway 29 and install adequately spaced fire hydrants per the approval oi the City's Fire Chief. - in accordance withcivilsite plans prepared by Shenwood Design Engineers, dated May 6. 2019.the Developershall extend the sewer main on La Fate to the project site.

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- As identi?ed in the 2019 Traffic Study by Crane Transportation Group, the Developer shall extend the sidewalk from La Feta Street to MillsLane with a crosswalk to me project site. The La Fata Sidewalk improvements shall further be completed In accordance with the terms at the Development Agreement.
- The improvement plans shall include a Construction TrafficControl Plan. - The improvement plans shall include an Erosion and Sediment ControlPlan - The improvement plans shall include a Joint Trench Plan (as necessary)

72.The Developer shall be required to obtain a Caltrans encroachment pennit for improvements on and immediately adjacent to Highway 29 as necessary to complete the otlsite improvements as outlinedabove.

73.The Developer shall be required to obtain permits necessary to complete work on the railroad right-oi-wayas necessary in conjunction withthe oflsite improvements as outlined above.

74.The Developer shall construct all on and olfslte improvements which are consistent withCity's Highway29 Speci?c Plan, priorto or concurrently with the development of the Project and shall complete the MillsLane improvements prior to the issuance of the tinal certi?cate of occupancy for the Project by the City. Construction shall be completed in accordance with improvements plans as approved by the City Engineer and before the Developer receives a finalcertificate of occupancy for the Project.

75. Priorto issuance of a certificate oi occupancy. the Developer shall pay traitio impact fees based on the Master Fee Schedule.and the fee willassume all square footage calculated at the lodg ng rate

76. Prior to issuance oi a certi?cate of occupancy, the Developer shall demonstrate that water to fillthe swirnmlngpools came from outside St Helena.

Building Dggggggnt Qgng?igng gt‘Approval

77.A building pemiit is required for all onsite demolition.construmion andlor change of oompancy.
applicant applies for a building perm t. At this time the City of St. Helena utilizesthe 2019 Title 24 codes 79.When submitting plans tor a building permit the plans shall include all documentation listed on the buildingpermit application checklist. B0.The applicant shall provide a construction waste management plan with the building pennit application B1.The plans for construction shall include a checklist for compliance withthe California Green BuildingsStandards Code, mandatory measures. Provide a reference on the checklist indicatingwhere the mandatorymeasures can be found on the plans. 82.When eubmittng p ans.the title page shall inc ude al inlorrnationreferenced on the buildingpermit application checklist Title Page requirements Exh
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B3.BuiIding Permit application materials and plans shall Include any documentation pertaining to special loads applicable to the design and the speci?ed section of the code that addresses the condition; special inspections for any systems or components requiring special inspection; requirements for seismic resistance; and a complete list of deterred submlttals at time of application. Any deierral oi the required submittal items shall have prior approval of the Building Officialhowever deienal of tire sprinklerdesign is not allowed.

84. Properties which are on septic systems and proposing substantial renovations may require approval from the Napa County Environmental Health Department.

Applicants are encouraged to engage with the County early in the building permit review process to reduce the potential for delay.

D t ndit OIA rval

85. Plans submitted tor buildingpermitshall exhibitcompliance with the current St. Helena Fire Code, as adopted and codified in St. Helena MunicipalCode Chapter 15.36.

86. Fire sprinklers and ?re hydrants shall be installed as required by Fire Code and the Fire Department.

87. One hour minimum lire resistant constmction on all exterior walls within 10' at property boundary is required. i-‘Ireresistant construction oi interiorwalls shall be determined by type of occupancy.

88. Any gates installed to control vehicular access to a property are requiredto be setback 30~teet from the property line end/or edge of pavement. whichever is greater. No vehicle gates may be installed withoutFire Department and Public Works Department reviewand explicitapproval.

I HEFIEBYCEFITIFYthat the City oi St. Helena City Council approved the foregoing at a Regular Meeting of the St. Helena City Council on October 13. 2020. by the following vote:

Mayor Ellsworth: Yes
Councilmember Chouteau: Yes Councilmember Knudsen:

APPROVED:

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Agenda Item #9.1.

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ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ST. HELENA APPROVING A FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT WITH LMR

DESTINATIONS, LLC RELATING TO THE FARMSTEAD
LODGING PROJECT AT 1000 MILLS LANE
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development Agreement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of St.

Helena (the “City”) has enacted regulations encompassed in St. Helena Municipal Code Chapter

17.156 (the “Development Agreement Regulations”) to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; and
WHEREAS, On October 13, 2020, in accordance with the Development Agreement Statute and the Development Agreement Regulations, the City Council adopted Ordinance No. 2020-9 approving a Development Agreement (the “Development Agreement”) with LMR Destinations, LLC, a California limited liability company (the “Developer”) for the development of a 65 room single story hotel project, which in addition to the guest rooms includes a multipurpose building for guest reception/administration, a bar and lounge area, meeting/classroom with demonstration kitchen, commercial kitchen and staff facilities; a utility and service building; a spa building; a pool and fitness building; two outdoor pools; two agricultural barns; and approximately 3.9 acres of land used for agricultural purposes (the “Project”); and WHEREAS, The Development Agreement required the Developer to construct certain storm drain improvements adjacent to Mills Lane and extending to the Napa River prior to occupancy of the Project; and
WHEREAS, The storm drain improvements are not necessary for the Project. The Project is required to be designed to retain stormwater flows from up to a ten year storm event through on-site detention systems, and stormwater flows from up to a 25 year storm event can be released from the Project site into an infiltration system that will allow such stormwater flows to infiltrate into the ground; and
WHEREAS, City and Developer desire to eliminate the requirement in the Development Agreement to construct the storm drain improvements and instead have Developer provide for an infiltration system in the Mills Lane right of way, and are therefore amending the Development Agreement to replace the requirement to construct the storm drain with a requirement to include an infiltration system within the Mills Lane right of way that will retain storm water runoff from the Project up to a 25 year storm event, all as more specifically set forth in the First Amendment to Agenda Item #9.1.

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Development Agreement by and between City of St. Helena and LMR Destinations LLC as attached hereto as Exhibit A and incorporated herein by this reference (the “Development Agreement Amendment”); and
WHEREAS, the Development Agreement Regulations provide at St. Helena Municipal Code Section 17.156.080 and 17.56.100 that the Planning Commission shall hold a duly noticed public hearing on any proposed development agreement or amendment to a development agreement, and following such public hearing the Planning Commission shall make a recommendation to the City Council on whether or not to approve the development agreement, which recommendation shall include whether or not the development agreement proposed: (a) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; (b) is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (c) is in conformity with public convenience, general welfare and good land use practice; (d) will be detrimental to the health, safety and general welfare; (e) will adversely affect the orderly development of property or the preservation of property values. The recommendation shall include the reasons for the recommendation;
WHEREAS, the Development Agreement as amended by the Development Agreement Amendment will assure both the City and the Developer that the Project will proceed as proposed and that the public improvements and other amenities and funding obligations of the Developer will be accomplished as proposed; and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing at a Special Meeting on September 29, 2022, on the Development Agreement Amendment and the Use Permit Amendment during which public hearing the Planning Commission received comments from the Developer, City staff, and members of the general public and recommended approval to the City Council in accordance with Section 17.156.080 of the St. Helena Municipal Code through this Resolution.

WHEREAS, the City Council held a duly noticed public hearing on October 11, 2022 on the Development Agreement Amendment and an associated amendment to the Use Permit for the Project, during which public hearing the City Council received comments from the Developer, City staff, and members of the general public; and WHEREAS, the City Council desires to approve the requested amendments accordance with Section 17.156.080 of the St. Helena Municipal Code through approval of this Ordinance.

Agenda Item #9.1.

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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement Amendment attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq., and pursuant to the Development Agreement Regulations.

SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines that the provisions of the Development Agreement Amendment are consistent with the General Plan and Highway 29 Specific Plan. Specifically, the Project to be developed pursuant to the Development Agreement as amended is consistent with the land use designations for the parcel upon which the Project will be developed. The lodging component of the Project will be constructed on the portion of the parcel that is within the City’s Urban Limit Line and is designated as Service Commercial (SC), where lodging is an allowable use. The portions of the parcel that are outside the Urban Limit Line will remain in agricultural use, consistent with the requirements of the General Plan. The Project will further numerous policies of the General Plan as more specifically enumerated in the City staff reports prepared for this Ordinance, in that the Project would support both a local and visitor serving component to the City’s economy by providing jobs, tax revenue, and additional amenities. The Project would enhance the character in the SC district by redeveloping an under-utilized site in the commercial district. The Project would also be oriented toward an upscale market, consistent with the Napa Valley’s reputation as a producer of world-class wines. Further, the Project is consistent with the Highway 29 Specific Plan and would implement its direction by providing for the realignment of Mills Land with Grayson Avenue consistent with the goals of the Highway 29 Specific Plan.

SECTION 4. On the basis of the whole record, the City has determined that the minor modifications made to the infrastructure conditions of approval and development agreement terms for the Project are consistent with the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan previously prepared and adopted for the Project on October 13, 2020, and would not result in new impacts or any substantial changes to any significant effects previously identified. Specifically, substantial changes are not proposed in the Project that would require major revisions of the Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was adopted, as applicable, showing any of the following, has not come to light: (i) that the Project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the Agenda Item #9.1.

- 4 -
applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Thus, based on these findings and all evidence in the record, the City has determined that none of the conditions specified in State CEQA Guidelines section 15162 requiring preparation of a subsequent or supplemental EIR or MND would occur and no additional environmental review is required; SECTION 5. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct; (b) The City's General Plan;
(c) The City’s Highway 29 Specific Plan;
(d) Resolution No. 2020-100, adopted by the City Council on October 13, 2020, making findings as to the Mitigated Negative Declaration for the Project, including the Statement of Findings and the Mitigation Monitoring and Reporting Program, and adopted a resolution approving Design Review, Use Permit, Lot Line Adjustment, Lot Merger, Variance, and Water Agreement for Mills Lane, approved by and incorporated in said Resolution, which Resolution and exhibits are incorporated herein by reference as if set forth in full; (e) Resolution No. ___ of the Planning Commission of the City of St. Helena recommending that the City Council approve the Development Agreement Amendment with LMR Destinations, LLC relating to the Farmstead Lodging Project;
(f) All City staff reports (and all other public reports and documents) prepared for the City Council, relating to the Development Agreement Amendment and other actions relating to the Property;
(g) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the Development Agreement Amendment, and other actions relating to the Property; and (h) All other matters of common knowledge to the City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City; State laws and regulations and publications.

SECTION 6. The City Council hereby approves the Development Agreement Amendment, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto.

Agenda Item #9.1.

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SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement Amendment pursuant to the terms of the Development Agreement Amendment.

SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 9. This ordinance shall become effective on and after the thirtieth (30th) day following its adoption.

SECTION 10. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law.
[Ordinance continued on following page]
Agenda Item #9.1.

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INTRODUCED by the City Council of the City of St. Helena at a regular meeting of the City Council held on the 11th day of October, 2022 and PASSED, APPROVED AND ADOPTED by the City Council of the City of St. Helena, California, at a regular meeting of the City Council held on the 25th day of October, 2022 by the following vote:

Mayor Ellsworth: ___
Vice Mayor Dohring: ___
Councilmember Chouteau: ___
Councilmember Hardy: ___
Councilmember Hall: ___
ST. HELENA:
________________________________
Mayor
ATTEST:
________________________________
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 11th day of October, 2022 and was passed, approved and adopted at a regular meeting of the City Council on the 25th day of October, 2022 by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hardy:

Councilmember Hall:
___________________________
City Clerk
Agenda Item #9.1.

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APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
Agenda Item #9.1.

EXHIBIT A
First Amendment to Farmstead Development Agreement
[Inserted behind this cover page]
Agenda Item #9.1.

CITY OF ST. HELENA
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA GRANTING

A USE PERMIT AMENDMENT APPROVAL TO LMR DESTINATIONS LLC FOR THE

PROJECT LOCATED AT
1000 MILLS LANE (File No. PL_22-046)
PROPERTY OWNER: LMR Destinations LLC APN: 009-070-057
Recitals

1. On October 13, 2020, the City Council of the City of St. Helena adopted Resolution No. 2020-100, approving a Use Permit, Design Review, Lot Line Adjustment, Lot Merger, Variance, and Water Agreement to allow LMR Destinations, LLC (the “Developer”) to construct a new 65 room hotel and associated facilities at 1000 Mills Lane in the Service Commercial and Twenty-acre Agriculture districts as described below (the “Project”):
• A 9,882 sf multi-purpose building; and
• A 3,452 sf utility and service building; and
• A 3,114 sf spa building; and
• A 2,652 sf pool and fitness building; and
• Two outdoor pools, including one children’s pool; and • Two (2) 1,000 sf agricultural barns.

2. On October 13, 2020, the City Council additionally adopted Ordinance No. 2020-9 approving a Development Agreement for the Project, which vested certain rights to Developer in developing the Project and included additional obligations and public benefits that Developer agreed to provide as consideration for the rights vested by the Development Agreement.

3. The City prepared an Initial Study/Mitigated Negative Declaration for the Project, which was independently reviewed and analyzed by the City Council, along with public comments, and all other information in the record and the City Council considered the information contained therein, prior to acting upon or approving the Project; and

4. Based on its review of the Initial Study/Mitigated Negative Declaration and all other testimony and information presented to the Council in conjunction with the Project the City Council, on behalf of the City as lead agency for the Project, determined based on its independent judgment and analysis that there was no substantial evidence that the Project as designed, conditioned, and mitigated, will have a significant effect on the environment; and Agenda Item #9.1.

5. The City Council therefore approved the Mitigated Negative Declaration (SCH No. 2020050553) (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Project on October 13, 2020; and

6. The Development Agreement required the Developer to construct certain storm drain improvements adjacent to Mills Lane and extending to the Napa River prior to occupancy of the Project; and

7. The storm drain improvements are not necessary for the Project. The Project is required to be designed to retain stormwater flows from up to a ten year storm event through on-site detention systems, and stormwater flows from up to a 25 year storm event can be released from the Project site into an infiltration system that will allow such stormwater flows to infiltrate into the ground; and

8. City and Developer desire to eliminate the requirement in the Development Agreement to construct the storm drain improvements and instead have Developer provide for an infiltration system in the Mills Lane right of way, and are therefore amending the Development Agreement to replace the requirement to construct the storm drain with a requirement to include an infiltration system within the Mills Lane right of way that will retain storm water runoff from the Project up to a 25 year storm event; and

9. The conditions of approval for the Use Permit as adopted by Resolution No. 2020-100 contemplated that the Developer would be constructing the storm drain, and incorporated the requirement to construct the storm drain as set forth in the Development Agreement into the conditions of approval; and

10. Based on the amendment to the Development Agreement; the City desires to amend the conditions of approval for the Use Permit to replace the requirement to construct the storm drain with the requirement to construct the infiltration system, and make minor conforming edits to the conditions of approval as noted with underline and strikeout; and

11. A public notice of the public hearing before the City Council for this proposed amendment to the Use Permit and the proposed Amendment to the Development Agreement for the Project was published in the Napa Valley Register and mailed to residents and occupants within 300 feet of the project site in compliance with state and local law; and

12. The Planning Commission of the City of St. Helena, State of California, considered the project, staff report, and all testimony, written and spoken, at a duly noticed public hearing on September 29, 2022; and

13. The Planning Commission at a Special Meeting on September 29, 2022 recommended that the City Council of the City of St. Helena approve the Amendment to the Use Permit, and the First Amendment to the Development Agreement for the Project based on the findings below and subject to the conditions of approval enumerated herein.

14. The City Council of the City of St. Helena desires to approve the Amendment to the Use Permit, and the First Amendment to the Development Agreement for the Project based on the findings below and subject to the conditions of approval enumerated herein.

Agenda Item #9.1.

Resolution
A. In reviewing the findings in this Resolution, the City Council relied upon and hereby incorporates by reference all of the documents referenced in this Resolution and the associated staff reports, City files for this matter, correspondence, presentations and other materials.

B. CEQA Findings:

1. The City Council has independently reviewed and analyzed the Mitigated Negative Declaration and Mitigation Monitoring Plan previously approved for the Project as well as public comments, and all other information in the record and has considered the information contained therein, prior to acting upon or approving the proposed amendment to the Development Agreement or the Use Permit Amendment; and

2. On the basis of the whole record, the City has determined that the minor modifications made to the infrastructure conditions of approval and development agreement terms for the Project site are consistent with the MND and MMRP previously prepared and adopted for the Project on October 13, 2020, and would not result in new impacts or any substantial changes to any significant effects previously identified. Specifically, substantial changes are not proposed in the Project that would require major revisions of the Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was adopted, as applicable, showing any of the following, has not come to light:
(i) that the Project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

Thus, based on these findings and all evidence in the record, the City has determined that none of the conditions specified in State CEQA Guidelines section 15162 requiring preparation of a subsequent or supplemental EIR or MND would occur and no additional environmental review is required; and

3. The custodian of the documents and other materials that constitute the record of proceedings is Cindy Tzafopoulos, City Clerk and may be inspected at 1572 Railroad Avenue, St.

Helena, CA 94574.

Agenda Item #9.1.

C. In accordance with SHMC Section 17.168.050, the City Council adopts the following use permit findings to support the motion to recommend approval of the amendment to the use permit:

1. That the proposed uses would not generate odors, fumes, dust, light, glare, radiation or refuse that would be injurious to surrounding uses or to the community in that proposed uses are related to a new hotel and would largely occur indoors within new buildings.

2. That the proposed uses would not generate levels of noise that adversely affect the health, safety, or welfare of neighboring properties in that the proposed project is subject to City noise regulations and is not anticipated to produce frequent noise audible beyond the property line.

3. That the proposed use would not generate traffic noise in excess of the "normally acceptable" range identified in the General Plan as traffic related impacts have been identified in the Mitigated Negative Declaration and been determined to be less than significant.

4. That the proposed use would not make excessive demands on the provision of public services including water supply, sewer capacity, energy supply, communication facilities, police protection, and fire protection in that impacts to these services have been identified in the Mitigated Negative Declaration and been determined to be less than significant.

5. That the proposed uses would provide adequate ingress and egress to and from the proposed location in that ingress and egress to the project site would be provided via a realigned Mills Lane.

6. That allowing the proposed uses would not conflict with the City's goal of maintaining the economic viability of a local serving economy in that the proposed project would be consistent with General Plan Update 2040 policies.

7. That the proposed uses would be compatible with surrounding land uses and would not conflict with the purpose established for the district within which it would be located as the proposed project is consistent with the intent of the Service Commercial and A-20 zoning districts.

8. That the proposed uses would not be in conflict with the City's General Plan in that the project would support both a local and visitor serving component to the City’s economy by providing jobs, tax revenue, and additional amenities.

9. That the proposed uses would not be injurious to public health, safety, or welfare in that the proposed uses consist of a new hotel and ancillary facilities and would largely occur indoors within new buildings.

10. That granting the use permit would not set a precedent for the approval of similar uses whose incremental effect would be detrimental to the City or would be in conflict with the General Plan in that this use permit only applies to this property and to this specific use.

11. That, as demonstrated on a detailed plan submitted by the applicant, adequate off-street parking to accommodate the long term parking needs of employees and business owners and customers is available in that the proposed project has provided required off-street parking.

Agenda Item #9.1.

12. That the capacity of surrounding streets is adequate to serve the automobile and delivery truck traffic generated by the proposed use in that the project site can adequately be served by existing streets and a realigned Mills Lane.

D. The City Council further recommends that based on the foregoing, approval of an amendment to the use permit for the above-described project located at 1000 Mills Lane to amend the conditions of approval for such use permit as set forth herein. The conditions of approval listed herein shall amend, replace and supersede the conditions of approval included in Resolution No. 2020-100 in their entirety, and shall hereafter constitute the conditions of approval for the Project. The conditions of approval included herein show the changes to such conditions through strike-through and underlining of the original conditions. The conditions set forth herein are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed. All other entitlements granted by Resolution No. 2020- 100, including Design Review Approval, Lot Line Adjustment, Lot Merger, Variance, and Water Agreement remain in full force and effect as approved on October 13, 2020.

Planning Department Conditions of Approval

1. The project shall be in conformance with all city ordinances, rules, regulations and policies in effect at the time of issuance of a building permit.

2. This approval shall be vested pursuant to the development agreement, provided however that the approval may be extended under the terms of the development agreement or for up to two (2) one-year periods pursuant to the St. Helena Municipal Code, Section 17.08.130, Extension of Permits and Approvals.

3. Any request for an extension of this approval shall be justified in writing and received by the Planning Department at least thirty (30) days prior to expiration.

4. All required fees, unless otherwise specified in the development agreement, including planning fees, development impact fees, building fees, and St. Helena Unified School District fees shall be paid prior to issuance of a building permit except as expressly provided herein. Fees shall be those in effect at the time of the issuance of the building permit.

5. Developer shall make a payment for the purpose of furthering the City’s affordable housing goals in accordance with the requirements of Section 5.1.6 entered into by and between Developer and the City for this project. The Development Agreement requires $1,000,000 to be paid to the City prior to issuance of the building permit, and the remaining $2,200,000 to be paid at the earlier of (i) Transfer of the Property by Developer, other than a Permitted Transfer (“Transfer” and “Permitted Transfer” are defined in the Development Agreement); (ii) conversion of Developer’s construction financing for the Project to permanent financing, or (iii) sixty (60) months after issuance of a final certificate of occupancy for the Project.

6. Compliance with all permit conditions shall occur in accordance with specific regulations but in all cases no later than prior to occupancy or initiation of use unless another time is set by law or by this approval. Occupancy or final inspection of a project may be withheld if all conditions, including payment of fees for services rendered by the City, are not met.

Agenda Item #9.1.

7. In any action or proceeding to attack, challenge, invalidate, set aside, void or annul the City’s approval of applicant’s Project, in whole or in part, applicant shall defend, at its own expense and without any cost to the City, and with counsel acceptable to the City, and shall fully and completely indemnify and hold the City, its agents, officers, and employees harmless from and against any and all claims, causes of action, damages, costs, attorney’s fees and liability of any kind, so long as the City reasonably promptly notifies the applicant of any such claim, action, or proceedings and the City cooperates fully in the defense of the action or proceedings.

8. Provided they are in general compliance with this approval and the development agreement, minor modifications may be approved by the Planning and Building Director.

9. Pursuant to St. Helena Municipal Code Section 17.08.110, this permit shall run with the land and shall be binding upon all parties having any right, title or interest in the real property or any part thereof, their heirs, successors and assigns, and shall inure to their benefit and benefit of the City of St. Helena.

10. The primary purpose of this review is for compliance with the General Plan and Zoning Ordinance. The property owners or their designee shall be responsible for meeting with the Building Official, Fire Inspector and or Public Works Department to review compliance with Building Codes, Fire Codes and specific Public Works Standards including fire protection systems and any applicable accessibility standards of Title 24.

11. Construction shall be in compliance with plans submitted and reviewed by the Planning Commission on September 14, 2020 and September 17, 2020, and by the City Council on October 13, 2020 except as modified herein.

12. If the property is sold or otherwise conveyed to new owners, the owner or successor in interest is required to notify the Planning Director in writing within 30 days of the change in ownership.

The use permit shall then be brought before the Planning Commission for review in order for the City to assess whether operational practices that are different than what is approved in this use permit may occur and whether a use permit amendment is required.

13. For attendees who are not lodging guests, 1) the chef's table and demonstration classes shall occur during off-peak hours, 2) the chef's table is limited to 20 persons per event and 3) the demonstration classes are limited to 40 persons per event.

14. The spa, fitness building, pools, and outdoor seating areas are for the use of guests only.

15. Bar and lounge activities shall comply with the City’s noise ordinance.

16. All live and amplified music must comply with applicable City noise regulations.

17. With the exception of handicapped employees, all employees shall park in the off-site supplemental lot; employees shall not park on-site or on neighboring streets.

18. All guests and visitors must park on-site or at applicant provided off-site parking.

19. Planters and tree wells must be bordered by a six-inch high concrete curb or equivalent barrier approved by the City.

20. A minimum of 20% of the subject property must remain maintained landscaping and shall be kept in a weed-free condition.

Agenda Item #9.1.

21. The owner or successor in interest shall notify the City in writing if the lease option for the offsite parking lot to be used for employee parking at Dowdell/McCormick is lost or the lease is otherwise terminated or expires. The owner or successor in interest shall provide evidence that a parking lot with a similar number of parking spaces has been secured (and is approximately the same distance from the project site or applicant provides appropriate transportation from parking to project site).

22. Prior to issuance of a Certificate of Occupancy, the applicant shall designate a Transportation Demand Management (TDM) coordinator to establish programs to ensure VMT by guests and employees are reduced, including, but not limited to, employee car and vanpooling, employersponsored transit passes, bicycle-sharing, showers, lockers, secure bike storage, and winery tours for guests with pickup and drop-off at the lodge.

23. Prior to issuance of a Certificate of Occupancy, the developer shall provide verification that an on-call shuttle service is available during all hours as long as there is an off-site employee parking lot.

24. Prior to issuance of a Certificate of Occupancy, the developer shall install a shelter at the off-site Dowdell Lane parking lot.

25. Prior to issuance of a grading permit, the project site shall be adequately fenced and secured to prevent trespassing.

26. Exterior lighting shall be directed or shielded to prevent glare onto the public roadway or adjacent properties.

27. Prior to issuance of a Certificate of Occupancy, the applicant shall provide two (2) courtesy bicycles per guest room.

28. To reduce disturbance of residents in the project vicinity, construction activities which generate noise that can be heard at the property line of any parcel of real property within the City limits shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday. Delivery of materials/equipment and cleaning and servicing of machines/equipment shall be limited to 7:00 a.m. to 6:00 p.m. Exceptions to these time restrictions may be granted by the Public Works Director for one of the following reasons: (1) inclement weather affecting work, (2) emergency work, or (3) other work, if work and equipment will not create noise that may be unreasonably offensive to neighbors as to constitute a nuisance. The City Engineer must be notified and give approval in advance of such work. No construction activities shall occur on Sundays or federal or local holidays that generate noise that can be heard at the property line of any parcel of real property within the City limits.

Public Works Department Conditions of Approval

29. Approval of this project shall be subject to the requirements of, and all improvements shall be designed and constructed in accordance with, the most current version at the time of improvement plan submittal, Caltrans Standards and Specifications, the City of St. Helena Municipal Code, the St. Helena Water and Sewer Standards, the St. Helena Street, Storm Agenda Item #9.1.

Drain and Sidewalk Standards, and all current federal, state and county codes governing such improvements.

30. For any improvements outside the existing building envelope, a grading and drainage plan showing topographic data, all easements, infrastructure onsite and directly adjoining, and an erosion control plan shall be submitted for review and approval by the City Engineer prior to the issuance of a building permit. If the project entails more than 50 cubic yards of soil disturbance, 10,000 square feet of disturbance area, a cut or fill of 3 feet or more, or alteration of any drainage pattern, a grading permit shall be required.

31. Improvement plans shall incorporate all grading, drainage, and utilities shown on the approved Use Permit package, those improvements agreed to in public hearings, the requirements of these conditions of approval, and those improvements required by any codes in effect at the time of plan submittal.

32. Drainage needs to be routed to prevent inundation of neighboring properties. Grading and/or site improvement plans shall show how 2-year and 10-year storm flows shall be infiltrated on site and/or diverted at the property lines to prevent inundation of neighboring properties. The Developer shall submit storm water infiltration system design calculations for the project in accordance with City of St. Helena, Napa County and State of California codes in effect at the time of improvement plan submittal. The calculations shall include a hydrology map, hydrology and hydraulic calculations, pipe size calculations, inlet capacity calculations, and other information necessary to support the proposed design.

33. Prior to the issuance of a Certificate of Occupancy, the Developer shall install storm drain Detention system improvements as required to maintain post development 10-year runoff from the pre-development levels. The Developer shall submit storm drain detention system supporting calculations for review and approval prior to improvement plan approval.

34. Prior to the issuance of a Certificate of Occupancy, the Developer shall install detention system inlets sized to pass at minimum the 25-year flows.

35. A grading and drainage plan shall be prepared for the project that includes a design that allows for a 100-year overland release. All graded building pads shall be above the 100-year overland release elevation.

36. The grading plans provided by the Developer for review shall include the existing topography shown with contour lines labeled at one-foot intervals and extending a minimum of 100-feet beyond the limits of the site, or sufficient distance to indicate impacts on adjacent properties.

37. Erosion and sediment control plans shall conform to the latest State and City codes at a minimum

38. Prior to the issuance of a grading permit or building permit (whichever occurs first), the project property owner shall file a Notice of Intent (NOI) with the State Water Resources Control Board and prepare a Construction Storm Water Pollution Prevention Plan (SWPPP).This is required because the overall project grading involves an area of disturbed surface soil that is greater than or equal to one acre, .

Agenda Item #9.1.

39. The Developer shall execute a City of St. Helena Water Agreement with an annual water use cap of 1,953,928 gallons per year prior to issuance of a Building Permit.

40. Due to the new water demand on the City system in the amount of 1,953,928 gallons per year, the Developer shall implement an alternative innovative method of mitigating water use as allowed under Section 13.12.030(B) of the SHMC, and approved by City Council in the Development Agreement prior to certificate of occupancy. The required offsite improvements to offset water demand as required pursuant to the Development Agreement is as follows: The Developer shall construct and install $256,549 worth of water infrastructure (i.e., purple pipe) in Mills Lane between Highway 29 easterly to the eastern end of Mills Lane. This purple pipe is intended to connect to a future wastewater treatment facility and deliver recycled water to Crane Park’s irrigation infrastructure by November 1, 2024, significantly reducing the City’s use of potable water. No certificate of occupancy for the Lodging component may be issued, until either the Developer has demonstrated or City has confirmed that either: (a) the water savings from the irrigation of Crane Park with recycled water from the wastewater treatment facility offsets the Lodging component’s anticipated water demand, or (b) the Developer has identified and implemented other measures calculated to save potable water in amounts equal to the Project’s anticipated use of City water permanently or until recycled water is delivered to Crane Park. Such improvements shall be constructed and approved by the City Engineer in accordance with the terms of the Development Agreement prior to the issuance of a final certificate of occupancy for the Project. Developer may be eligible for partial reimbursement of the costs of construction of the improvements required under this condition in accordance with the terms of the Development Agreement.

41. The Developer shall adhere to the executed Water Agreement with the City and shall incorporate water conservation practices into the proposed project per the Water Availability Analysis prepared by Sherwood Design Engineers, dated May 2, 2017 and the revision dated September 2, 2020. The water conservation requirements shall be replicated in full on the architectural plans.

42. Prior to issuance of a Certificate of Occupancy, all parcels shall be connected to the City of St. Helena municipal water system and installed per City of St. Helena standards.

43. Prior to issuance of a grading or building permit (whichever occurs first) a detailed PostConstruction Stormwater Control Plan (SWCP) that identifies and sizes all permanent postconstruction stormwater treatment BMPs shall be prepared by the applicant’s engineer and submitted for review approval. The Plan shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) PostConstruction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ).

44. Prior to the issuance of a Certificate of Occupancy, a Post Construction Stormwater Operations and Maintenance Plan that provides a color-coded plan sheet showing all storm drainage and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be submitted by the applicant’s engineer for review and approval by Agenda Item #9.1.

the City Engineer. Once approved, the property owner shall enter into an agreement with the City that provides the terms, conditions, and security associated with the ongoing requirements of the Post Construction Stormwater Best Management Practices.

45. If proposed/new landscaping involves an area greater than 500 square feet or rehabilitation of more than 2,500 square feet, the proposed landscaping shall comply with the State’s Model Water Efficient Landscape Ordinance (MWELO). MWELO compliance shall be demonstrated as part of the building permit submittal.

46. Prior to issuance of a grading permit, a detailed Soils Investigation/Geotechnical Report shall be prepared by the developer and submitted for review. The report shall address, at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk. The improvement plans shall incorporate all design and construction criteria recommended in the Geotechnical Report.

47. Prior to issuance of a grading permit, unless otherwise explicitly permitted, all existing abandoned wells, septic tanks/systems and/or underground fuel storage tanks shall be abandoned under permit and inspection of Napa County Department of Environmental Services or other designated agency. If there are none, the Developers project engineer shall provide a letter describing the scope of the search done to make this determination.

48. Per the September 14, 2020 Technical Memo titled “Hydrogeologic Evaluation of Possible Impact of Proposed Irrigation-Supply Pumping on Local Aquifer Systems Proposed Farmstead Lodge Property” by Richard Slade and Associates, the applicant shall adhere to the following:
a) Prior to certificate of occupancy, the applicant shall initiate a groundwater monitoring program for the three active onsite wells. This will include frequent, consistent, and accurate monitoring of water levels, frequent monitoring of pumping rates and pumped volumes of groundwater and could also include verifying the accuracy of the existing flow meters in Well #1- PWS and Well #2-IRR. Water level monitoring should continue to utilize pressure transducers set to a depth just above the depth setting of the new pump in Well #1-PWS and Well #2-IRR. A new transducer should be installed and properly calibrated in the Shared well, along with a proper dual reading flow meter that is installed at an appropriate location on the discharge pipe near its wellhead. These transducer installations must include occasional corroboration using a manual water level sounder. The acquired data shall be downloaded and reviewed on a quarterly basis by the applicant and submitted to the City Public Works Department on an annual basis by June 30; and b) Prior to certificate of occupancy, the applicant shall have completed one of the following options on the inactive well:
i. Shall demolish the inactive well per State and County standards (DWR, Bulletin 74-90); or
ii. Leave the inactive well on the parcel as part as a permanent groundwater monitoring well. The acquired data shall be downloaded and reviewed on a quarterly basis by the applicant and submitted to the City Public Works Department on an annual basis by June 30; or
Agenda Item #9.1.

iii. Submit the appropriate permit applications to the City and the County to rehabilitate the inactive well in order to utilize it for an emergency backup supply well. The well will be required to be monitored similarly as the three active wells and submitted to the City Public Works Department on an annual basis by June 30.

49. Prior to the issuance of a grading permit, the site plan shall show the location of any trees within the project area. Provide a tree protection plan for approval by the Public Works Director prior to approval of the building permit. The plan shall be coordinated with any civil grading/drainage/improvement plans.

50. The Developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.

51. Prior to the issuance of a Certificate of Occupancy, the Developer shall underground all onsite utility lines per St. Helena Municipal Code. The cost of undergrounding shall be the responsibility of the Developer.

52. Due to the economic and engineering infeasibility of undergrounding regional serving overhead power lines, such existing lines may remain on overhead power poles.

53. Any new and modified existing water laterals, meters and backflow prevention devices shall be required and constructed in accordance with the current requirements of the City of St.

Helena’s Water Standards and the California Department of Health Standards. Existing meter boxes located within a driveway shall be retrofitted with a traffic-rated box. New laterals shall be located perpendicular to the water main and outside any driveway/drive aisle.

54. Remodels or new construction which require fire sprinklers shall install an appropriatelysized water service with appropriate backflow and meter devices prior to Certificate of Occupancy. Fire system calculations shall be submitted with the Grading and Drainage Plan to verify fire service lateral and meter sizing. Deferred submittals are not accepted.

55. Proposed separations between public water facilities and other utilities shall meet the minimum separations as specified by the Department of Health and the City of St. Helena Public Works Standards.

56. No construction may commence until adequate access to fire water supply is available to building sites as approved by the Fire Chief.

57. Wastewater discharged is subject to all of the requirements and limitations set forth in Chapter 13.24, Wastewater Discharge, of the St. Helena Municipal Code.

58. Prior to the issuance of the first building permit for 1000 Mills Lane, the Developer shall apply for annexation to the St. Helena Municipal Sewer District No. 1. The application shall be completed in accordance with the City of St. Helena’s Sewer Annexation Procedures including all annexation, impact, connection, and sewer fees.

59. Prior to issuance of a building permit, in order to confirm the theoretical assumptions in the Theoretical Sewer Capacity provided by Sherwood Design Engineers dated May 2, 2017, the Developer is required to perform 7-day flow monitoring at the downstream sanitary sewer manholes (No. 1-89 and No. 1-94) to verify that the existing sewer pipe has adequate Agenda Item #9.1.

capacity to accommodate the proposed additional flows. Peak sewer flows will not be allowed to exceed 2/3 full pipe. If the proposed wastewater discharge regimen increases peak flows to greater than 2/3 full pipe at the monitored locations and with the current infrastructure, the owner may be subject to paying a share of the cost of sewer upgrades with a dollar amount proportional to the increase in wastewater flow as a result of the site development.
c) Concurrent with the building permit application, the Developer shall apply for and obtain a Wastewater Discharge Permit from the Department of Public Works as specified in St Helena Municipal Code Section 13.24.50. The permit conditions will require:
a. Discharge flow rate shall not exceed 5,150 gallons per day. b. The onsite force main system shall provide protection from accidental discharge of prohibited materials or other wastes regulated as defined in Chapter 13.24, Wastewater Discharge, of St. Helena Municipal Code. Such facilities shall be provided and maintained at the Owner’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and approval prior to building permit approval.
c. Owner shall continuously maintain records of all daily flows for a rolling three year period. Said records shall be made available to the City for review upon request.
d. The City shall have the right to inspect all parts of the onsite force main system at anytime during normal business hours. Failure to take immediate corrective actions on any deficiencies found may result in enforcement actions as provided under the St. Helena Municipal Code or other applicable law.

60. Prior to the issuance of a Certificate of Occupancy, the Developer is required to install a wastewater flow meter measuring the total volume of wastewater leaving the project site, into the City's sewage collection infrastructure, and after installation, have the wastewater flow meter calibrated yearly. Annual wastewater flow meter calibration records are to be maintained by the project ownership and made available to City staff upon request. The style, design, manufacturer, and location of this meter must be of a form found to be acceptable by the City. The costs associated with the installation and calibration of this meter are required to be fully borne by the Developers, and the results of the flow measurement are to be utilized to determine the amount of the wastewater bills for the uses on site. Said meter is required to be installed and functional prior to occupancy of the project.

Agenda Item #9.1.

61. Prior to issuance of a certificate of occupancy, trash areas, dumpsters and recycling containers shall be enclosed and roofed per State and County standards to prevent water runon to the trash area and water runoff from the area, to contain litter and trash so that it is not dispersed by the wind or run-off during waste removal. In the event that wine or food is disposed in these areas, the enclosed trash area shall drain to the sanitary sewer system. An area drain connected to the sanitary sewer shall be installed in the enclosure area and a structural control such as an oil/water separator or sand filter shall be included. No other area shall drain into the trash enclosure. A sign shall be posted prohibiting the dumping of hazardous materials into the sanitary sewer.

62. Where applicable, the applicant shall be required to submit to the requirements for annual inspections of food/beverage service establishments and businesses that handle hazardous wastes for illicit stormwater discharges as required by the State National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges. The annual stormwater illicit discharge inspections are performed and invoiced by Napa County Department of Environmental Management.

63. Provide details of all proposed fencing, walls, and gates on all plans submitted for building permit review.

64. Prior to Certificate of Occupancy, the Developer shall repair all public improvements that are damaged by the construction process in accordance with the City Water/Sewer/Street/Storm Drain/Sidewalk Standards.

65. Existing streets being cut by new utility services will require edge grinding and an A.C. overlay per City standards, extent to be determined by the Public Works Department.

66. The Developer shall be required to pay a fair share fee contribution in the amount of 23.3% towards the Dowdell Lane and Highway 29 signalization at the time such improvement is constructed by the City.

67. Developer shall, at its sole cost and expense, design and construct stormwater infiltration system improvements adjacent to the Mills Lane improvements described in Condition No. 68 and within the existing public right of way for Mills Lane, which infiltration system improvements shall be designed to retain and infiltrate at a minimum 25 year stormwater flows. The development of 1000 Mills Lane shall include inlets from the development to the infiltration system improvements to manage at minimum such 25 year stormwater flows.

The infiltration system improvements shall be constructed prior to or concurrently with the development of 1000 Mills Lane and in accordance with improvement plans approved by the City Engineer and verified to meet the standards for retention and infiltration as set forth herein. Developer shall complete the infiltration system improvements required by this condition prior to the issuance of the first certificate of occupancy for 1000 Mills Lane by the City.

68. Developer shall construct improvements to Mills Lane, which are consistent with City’s Highway 29 Specific Plan, prior to or concurrently with the development of the Project and shall complete the Mills Lane Improvements prior to the issuance of the first certificate of occupancy for the Project by the City. Construction shall be completed in accordance with improvements plans as approved by the City Engineer, and before Developer receives a final certificate of occupancy for the Project.

Agenda Item #9.1.

69. The Developer shall construct all on and offsite improvements in accordance with the improvement plans and supporting calculations that are prepared by a registered civil engineer and reviewed by the City of St. Helena Public Works Department. The improvement plans and supporting calculations shall include detailed designs for all utilities, water, grading, drainage, erosion control and paving.

70. Prior to issuance of a grading or building permit, the Developer shall be required to obtain a City encroachment permit for improvements on public right-of-way.

71. The following offsite improvements shall be installed by the Developer, completed prior to the issuance of a Certificate of Occupancy and will be provided on a separate offsite improvement plan set:
• In accordance with civil site plans prepared by Sherwood Design Engineers, dated May 6, 2019, all required public frontage and street improvements shall be designed and built in accordance with City of St. Helena ordinances, Public Works Department Standard Specifications, and Caltrans requirements.
• Specific offsite improvements include, in general, pavement widening, realignment of Mills Lane in accordance with the Highway 29 Specific Plan, signal upgrade at Highway 29/Main Street/Grayson Avenue/Mills Lane, signage, striping, street lighting, required accessible pedestrian curb ramps, and a new railroad crossing. • The typical half cross section of Mills Lane shall consist of a landscape strip, 10’ path, curb and gutter, 8’ parking strip, and 12’ travel lane. • In accordance with civil site plans prepared by Sherwood Design Engineers, dated May 6, 2019, the Developer shall extend the City water main from La Fata to the City’s 12” water main on Highway 29 and install adequately spaced fire hydrants per the approval of the City’s Fire Chief.
• In accordance with civil site plans prepared by Sherwood Design Engineers, dated May 6, 2019, the Developer shall extend the sewer main on La Fata to the project site.
• As identified in the 2019 Traffic Study by Crane Transportation Group, the Developer shall extend the sidewalk from La Fata Street to Mills Lane with a crosswalk to the project site. The La Fata Sidewalk improvements shall further be completed in accordance with the terms of the Development Agreement. • The improvement plans shall include a Construction Traffic Control Plan. • The improvement plans shall include an Erosion and Sediment Control Plan. • The improvement plans shall include a Joint Trench Plan (as necessary).

72. The Developer shall be required to obtain a Caltrans encroachment permit for improvements on and immediately adjacent to Highway 29 as necessary to complete the offsite improvements as outlined above.

73. The Developer shall be required to obtain permits necessary to complete work on the railroad right-of-way as necessary in conjunction with the offsite improvements as outlined above.

Agenda Item #9.1.

74. The Developer shall construct all on and offsite improvements which are consistent with City’s Highway 29 Specific Plan, prior to or concurrently with the development of the Project and shall complete the Mills Lane Improvements prior to the issuance of the final certificate of occupancy for the Project by the City. Construction shall be completed in accordance with improvements plans as approved by the City Engineer and before the Developer receives a final certificate of occupancy for the Project.

75. Prior to issuance of a certificate of occupancy, the Developer shall pay traffic impact fees based on the Master Fee Schedule, and the fee will assume all square footage calculated at the lodging rate.

76. Prior to issuance of a certificate of occupancy, the Developer shall demonstrate that water to fill the swimming pools came from outside St. Helena.

Building Department Conditions of Approval

77. A building permit is required for all onsite demolition, construction and/or change of occupancy.

78. The applicant will be required to comply with the codes adopted at the time the applicant applies for a building permit. At this time the City of St. Helena utilizes the 2019 Title 24 codes.

79. When submitting plans for a building permit, the plans shall include all documentation listed on the building permit application checklist.

80. The applicant shall provide a construction waste management plan with the building permit application.

81. The plans for construction shall include a checklist for compliance with the California Green Buildings Standards Code, mandatory measures. Provide a reference on the checklist indicating where the mandatory measures can be found on the plans.

82. When submitting plans, the title page shall include all information referenced on the building permit application checklist Title Page requirements.

83. Building Permit application materials and plans shall include any documentation pertaining to special loads applicable to the design and the specified section of the code that addresses the condition; special inspections for any systems or components requiring special inspection; requirements for seismic resistance; and a complete list of deferred submittals at time of application. Any deferral of the required submittal items shall have prior approval of the Building Official however deferral of fire sprinkler design is not allowed.

84. Properties which are on septic systems and proposing substantial renovations may require approval from the Napa County Environmental Health Department. Applicants are encouraged to engage with the County early in the building permit review process to reduce the potential for delay.

Fire Department Conditions of Approval
Agenda Item #9.1.

85. Plans submitted for building permit shall exhibit compliance with the current St. Helena Fire Code, as adopted and codified in St. Helena Municipal Code Chapter 15.36.

86. Fire sprinklers and fire hydrants shall be installed as required by Fire Code and the Fire Department.

87. One hour minimum fire resistant construction on all exterior walls within 10’ of property boundary is required. Fire resistant construction of interior walls shall be determined by type of occupancy.

88. Any gates installed to control vehicular access to a property are required to be setback 30-feet from the property line and/or edge of pavement, whichever is greater. No vehicle gates may be installed without Fire Department and Public Works Department review and explicit approval.

I HEREBY CERTIFY that the City of St. Helena City Council approved the foregoing at a Regular Meeting of the St. Helena City Council on October 13, 2022, by the following vote:

Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Hardy: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
APPROVED: ATTEST:
___________________ _______________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

City Council
October 11, 2022
Farmstead DA Amendment and
Use Permit Amendment
#PL22-046 DA 2022-001
Agenda Item #9.1.

• October 13, 2020, City Council approved a Use Permit, Design Review and Development Agreement
• Scope of Project: 65 hotel rooms, multi-purpose
building, fitness center and spa

BACKGROUND-FARMSTEAD LODGING PROJECT
Agenda Item #9.1.

Existing Property
Lodging Area
Property
Walking Path
between the
Properties
Agriculture
St. Helena
Veterinary
Hospital
3 Proposed Site Plan
1 – Multi-Purpose Building
2 – Guest Lodging North
3 – Guest Lodging South
4 – Guest Lodging West
5 – Spa Building
6 – Pool & Fitness Building
7 – Utility Building
8 – Agriculture Barns
9 – South Wing
10 – Farmstead Restaurant
11 – Logan-Ives House
12 – Farmer’s Market
Agenda Item #9.1.

STORM DRAIN
• Construction of Storm Drain in Mills Lane not
needed
• Developer to construct an infiltration system in
Mills Lane ROW
• Designed for up to a 10 year storm event
• Cost savings from not building storm drain to
fund recycled water system
Scope of Infrastructure Changes
Agenda Item #9.1.

• Resolution changes conditions numbers 32,
40,44, and 67
• The condition of approvals amendments -
underline for new text and strikeout for deleted
text
Amendment to Use Permit
Agenda Item #9.1.

• SHMC Chapter 17.156 requires public hearing
• Revised approach to addressing storm
drainage
• Additional monetary contribution toward the
City’s future recycled water project
• Change to timing of completion of recycled
water improvements
• Clarifies reimbursement of developer costs
Development Agreement Amendment
Agenda Item #9.1.

Recommendation
Staff recommends that the City Council:

1. Find that none of the conditions specified in State CEQA Guidelines section 15162 require the preparation of a subsequent or supplemental EIR or MND and no additional environmental review is required; and

2. Introduce and waive the first reading of an Ordinance approving a Development Agreement Amendment between the applicant and the City of St. Helena for the LMR Destinations LLC lodging project at 1000 Mills Lane; and

3. Adopt the attached resolution making specific findings and approve a Use Permit Amendment for the LMR Destinations LLC lodging project at 1000 Mills Lane.

Agenda Item #9.1.

Infiltration System Improvements
Agenda Item #9.1.

Report to the City Council
Regular City Council - 11 Oct 2022
Agenda Section: OLD BUSINESS
Subject: Second Reading and Proposed Adoption 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.

The first reading was conducted and approved at the September 27, 2022, regular City Council meeting.

Agenda Item #10.1.

DISCUSSION
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
Conduct the second reading and adopt the Ordinance 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 #10.1.

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 #10.1.

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 #10.1.

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 #10.1.

(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 #10.1.

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 #10.1.

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 #10.1.

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 #10.1.

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 #10.1.

(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 #10.1.

result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
92 — 9 — Ch. 406
Agenda Item #10.1.

CITY OF ST. HELENA
ORDINANCE NO. 2022-
ADOPTING POLICE DEPARTMENT POLICY NO. 709
(MILITARY EQUIPMENT POLICY) IN ACCORDANCE WITH AB 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the St. Helena Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

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

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

SECTION 2: Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

Agenda Item #10.1.

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Department purchases military equipment pursuant to the Policy, 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.

SECTION 3: Adoption of Military Equipment Policy. The City Council hereby adopts the Policy No. 709, Military Equipment Policy, attached hereto as Exhibit “A”.

SECTION 4: CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6: Effective Date. This ordinance shall take effect and be in force 30 days after its adoption, and a summary of this ordinance shall be published once with the Agenda Item #10.1.

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 27th day of September, 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: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED:
___________________________________
Geoff Ellsworth, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #10.1.

Exhibit “A”
[Insert AB 481 Policy]
Agenda Item #10.1.

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 Hall: _____
Councilmember Hardy: _____
Agenda Item #10.1.

Copyright Lexipol, LLC 2022/08/26, All Rights Reserved.

Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 1 State
State
St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The City Council of the City of St. Helena (“City Council”).

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
707
Agenda Item #10.1.

St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/26, All Rights Reserved.

Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 2 State
Best Practice MODIFIED
State MODIFIED
State MODIFIED
707.2 POLICY
It is the policy of the St. Helena Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of St. Helena Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Currently the Saint Helena Police Department does not use, possess, or allocate funds any Military Equipment as defined by this Policy (Government Code § 7070). 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council prior to acquiring any listed military equipment by way of an ordinance amending Section 707.4 of this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure
Agenda Item #10.1.

St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/26, All Rights Reserved.

Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 3 State MODIFIED
State MODIFIED
the proposed amendments to the military equipment policy are submitted to the City Council and are available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (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 jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(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 above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Outside agencies responding to this jurisdiction as mutual aid per the request of the St. Helena Police Department shall adhere to their approved policy as approved by the responding agencies governing body in accordance with Government Code § 7071. 707.7 ANNUAL REPORT
Upon approval of this military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

Agenda Item #10.1.

St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/26, All Rights Reserved.

Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 4 State
707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Agenda Item #10.1.

AB 481
Military
Equipment
The purpose of this policy is to provide
guidelines for the approval, acquisition, and
reporting requirements of military equipment
(Government Code § 7070; Government Code §
7071;Government Code § 7072).

Agenda Item #10.1.

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Definitions (Government Code § 7070)
Agenda Item #10.1.

Military Equipment continued
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, except for standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld • pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic • devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Agenda Item #10.1.

Government Codes § 7070 and § 7071
Government Code § 7070: The following constitutes a list of qualifying equipment for the Department (Currently the Saint Helena Police Department does not use, possess, or allocate funds for the listed Military Equipment per (Government Code § 7070)).

Government Code § 7071: The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (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 jurisdiction of this department. (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. (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 above.

Agenda Item #10.1.

Government Code § 7072
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Outside agencies responding to this jurisdiction as mutual aid per the request of the Saint Helena Police Department shall adhere to their approved policy as approved by, the responding agencies governing body in accordance with (Government Code § 7071).

Agenda Item #10.1.

Report to the City Council
Regular City Council - 11 Oct 2022
Agenda Section: OLD BUSINESS
Subject: Water Penalty Update, Discussion and Direction for Water Penalties
CEQA
Determination:

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

BACKGROUND
On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board consisting of one City Council member, one Planning Commissioner, one winery customer, and two public members, one of whom shall solely be a residential customer.

Per the Municipal Code, the Water Advisory Board shall meet at least monthly and may grant permits for uses of water, for exceptions to water conservation measures, or for water connections otherwise prohibited.

On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak.

On October 26, 2021, based on the Water Advisory Board's recommendation, City Council adopted Resolution No. 2021-136 providing administrative approval of specified penalty waiver requests which meet the Water Advisory Board’s established criteria.

On October 29, 2021, the Water Advisory Board approved a checklist and established criteria for administrative approval of water penalty waiver requests.

Agenda Item #10.2.

DISCUSSION
The purpose of this report is to provide the City Council with an overview of water penalties including:
• Activity by the Water Advisory Board (WAB),
• Feedback to the City Council from the WAB and City staff • Summary of penalties assessed, waived, and paid, and a summary of expenses related to the Phase II emergency.

In addition, staff is seeking Council direction on collection of outstanding penalties.

At a future date, staff will recommend to the City Council changes in the penalty structure and other recommended administrative changes bases upon lessons learned from the last implementation of the penalties.

Water Advisory Board (WAB) - Activity
The Water Advisory Board met 19 times since April 30, 2021 to conduct business prescribed by the City's Municipal Code (exception request review/approval) and City Council (Water Penalty Leak Appeals).

In December 2021, the City moved from a Phase II Water Emergency back into a Phase I Water Emergency. This shift eliminated water penalties for water use exceeding designated allocations; however, water conservation is still a priority in Phase I. While the immediate Phase II emergency had been removed, the WAB continued to be an active committee with the last meeting held on May 6, 2022. SHMC Section 13.04.230 Subsection C.8. states, "Unless the city council otherwise directs, the board will disband when the water emergency is no longer in effect." At this point the current WAB has been disbanded and, if a Phase II emergency appears to be imminent, the City Council begin the process of appointing a new WAB.

Table 1 provides a summary of all actions to-date by the Water Advisory Board (WAB) and actions taken through administrative review.

Table 1
Description # of Items
Exception Requests Granted – Admin Lot Size 359
Exception Requests Granted – Admin Medical 14
Exception Requests Granted – Admin Misc. 34
Exception Requests Granted – WAB 2
Penalty Waivers Approved – Administrative 126
Penalty Waivers Approved – WAB 38
Penalty Waivers Denied 9
Agenda Item #10.2.

Water Advisory Board (WAB) - Feedback
At the March 18, 2022 meeting of the WAB, staff presented a Phase II summary report and provided the WAB with the opportunity to discuss anything learned during the process, discuss any challenges, and identify opportunities for improvement. It was noted that staff would be preparing a report to the City Council and would include any feedback received by the WAB. The feedback provided by the WAB is included at Attachment 1.

Staff concurs fully with the feedback provided by the WAB, especially with respects to the importance of being better prepared for the next Phase II emergency. Of particular interest to staff is the reevaluation of the assessment of penalties as the current structure is difficult for customers to comprehend and is not easy to administer.

Staff Feedback - December 9, 2021
On December 9, 2021, a meeting was held which included several staff members from Public Works, Finance, and the City Manager as well as the two Council Water Ad Hoc committee members - Mayor Ellsworth and Councilmember Hardy. The objective of this meeting was to talk about the emergency and find ways to improve the administration and customer interactions. During this meeting statistical information was provided and staff expressed their own experiences. Staff described issues/obstacles encountered and normal tasks not completed because employees were diverted to work associated with the penalties and water emergency.

While certainly not an exhaustive list, common themes included:

1. Need for water education including conservation

2. Lack of empathy/understanding for City staff

3. Rude/aggressive behavior by some customers

4. Stress experienced by staff because of the increased workload and inability to complete regular work assignments

5. Inadequacies of the current meter system

6. Need for simplification of the penalty structure

7. Importance of standard vocabulary/definitions

8. Improved customer education and communications
Penalties
Penalties were imposed during the Phase II Water Emergency from June 2021 through November 2021. The total penalties assessed was $6.1 million. Through the direction of the Council, as well as what is outlined in the municipal code, a majority of the penalties were waived or reversed through the following mechanisms:

1. Penalty forgiveness program - Waiver of penalties incurred in June and July if customers did not exceed their allocation in August, September, October, and November.

2. Penalty appeal waiver - Waiver of penalties incurred as a result of a leak which has been corrected.

Agenda Item #10.2.

3. Allocation adjustments - Adjustment of allocation based on an exception granted.

Most allocation adjustments were a result of lot size allowances per the municipal code, household occupant updates, and medical exemptions.

4. Administratively reversed due to the penalty being assessed without proper notice to customers. This occurred for properties which have a designated landscape meter where staff were unable to provide notification to customers on their allocation based on the municipal code requirements.

Table 2 provides a summary of the activity by category.

Table 2
Description # of Accounts Amount
Total Penalties Imposed $6,110,845
Penalty Forgiveness 324 ($233,201)
Penalty Appeal Waiver 167 ($2,180,921)
Allocation Adjustment 339 ($1,426,242)
Penalty Assessed without Notice 15 ($196,416)
TOTAL PENALTIES ASSESSED $2,074,064
TOTAL PENALTIES PAID TO-DATE ($1,109,632)
OUTSTANDING PENALTIES TO BE PAID*, ** 85 $964,432
*There are three request for fee waivers totaling $261,321. Depending on Council direction, the unpaid penalty amount may change.
** The average unpaid balance is $11,346.

There are currently three penalty waiver requests which are outside the purview of the WAB and/or Administrative approval. All three water customers have requested an appeal be brought before City Council for consideration. The three requests are presented in Table 3.

Table 3*
Type of Request Waiver
Request
Customer is requesting a waiver of only the 75% June and 50% July suspended penalties and will pay the 25% June penalty, 50% July penalty, August penalty, and September penalty.
$10,574.26
Customer is requesting a full penalty waiver. $19,228.30 Customer received penalties in June, July, and August but has not incurred any penalties since. $251,379.28
*These three appeals will be brought back to Council at a later date for consideration.

Agenda Item #10.2.

Fiscal Impact
Expenses
The fiscal impact associated with outside contracts to implement the Phase II water emergency are summarized in Table 4.

Table 4
Task Amount Spent
Communications Strategy (outreach) $ 46,034
Penalty Policy Development $ 57,684
Penalty Implementation $ 25,000
Data Integration (monthly penalties) $ 12,481
Water Regulations Code Enforcement $ 62,795
Additional Administrative Support $ 36,606
Mailers $ 26,878
Urgency Ordinance Development $ 8,578
TOTALS $276,056
In addition to the above expenses incurred there was, and still is, significant staff time involved in the implementation of the Phase II emergency. Table 5 provides a summary of the estimated staff time and staff costs incurred to-date associated with the Phase II Water Emergency. Please note this table does not take into consideration the increase in phone calls/emails with customers, preparation for Council meetings prior to implementation of urgency ordinance and adoption of penalty structure, and other miscellaneous items which occurred on a daily basis regarding the emergency.

Table 5
Staff Task Total Est. Hours Total Est. Costs
Exception Requests 202 $ 9,765
Household Surveys 550 $ 21,280
Penalty Waivers 346 $ 26,268
Penalty Reconciliation 100 $ 8,721
Account Adjustments 777 $ 33,811
WAB Meeting and Mtg Prep (staff only) 266 $ 10,097
Detailed Meter Reads and Analysis 369 $ 22,140
Farmer's Market Outreach (2021 only) 234 $ 7,254
Penalty Assessments 120 $ 7,200
Weekly Phase II Water Meetings 120 $ 6,000
Mailer/Outreach Preparation 22 $ 1,320
TOTALS 3,168 $166,752
The net cost for implementation of the cost for the Phase II Water Emergency is estimated to be $442,808 which includes consultants and City staff.

Agenda Item #10.2.

Penalties
Table 6 provides a summary of all penalty's imposed, penalties paid, and unpaid penalties to-date. Please note the total penalties take into consideration penalty adjustments related to allocation adjustments, penalty appeal waivers, and penalty waived as part of the penalty forgiveness program.

Table 6
Total Penalties Penalties Paid Unpaid Penalties*
$2,074,064 $1,109,632 $964,432
*There are three request for fee waivers totaling $261,321. Depending on Council direction, the unpaid penalty amount may change.

Loss Revenues
As anticipated, revenue losses were experienced as a result of the water emergency and the dramatic reduction of water use. During the development of the FY 2021-22 budget (July 1, 2021 through June 30, 2022); staff reduced the estimated revenues for both the water and wastewater funds. Table 7 provides a summary of the estimated revenues (via the water and wastewater study), the FY 2021-22 adopted revenues, and the FY 2021- 22 actual revenues.

Table 7
FY22 Estimated
Revenues
Rate Study
FY 22 Estimated
Revenues
Adopted Budget
FY 22 Actual
Revenues
Water $7.1 million $6.2 million $5.8 million
Wastewater $4.2 million $3.4 million $3.4 million
Summary of Fiscal Impact
While the total penalties paid to-date is $1,109,632 (noted in Tables 2 and 6) there were offsetting costs incurred as a result of the Phase II emergency as well as a loss in revenues. Additionally, on February 22, 2022, as part of the mid-year budget adjustment, City Council authorized the use of $450,000 in penalty funds collected for the first payment of the settlement agreement reached between Hall Vineland, LLC and Hall Vista, LLC v. City of St. Helena. Table 8 provides a summary of the penalties received and the associated costs (excluding staffing costs noted in Table 6).

Table 8
Item Expense
Penalties Paid $1,109,632
External Contract Work (Table 4) ($276,056)
Loss Revenues (Water) Adopted v. Actual (Table 7) ($400,000) Settlement Agreement ($450,000)
Net ($16,424)
Unpaid Penalties $964,432
Net if 100% of Unpaid Penalties are Collected $948,008
Agenda Item #10.2.

Council Discussion and Direction
The staff briefing tonight is to provide Council a summary of the activity surrounding the Phase II Water Penalty assessments, recommended next steps, as well as receive direction for the unpaid penalties.

Collection of Outstanding Penalties
In consultation with the City Attorney there are three avenues for collection of outstanding penalties: (1) hardship agreements - an already approved method, (2) use of a collection agency, or (3) small claims court. Costs for the use of a collection agency typically range from 20% to 40% depending on the difficulty in recovery. The costs for use of small claims court is unknown at this time. Once direction is received from Council, a notification will be provided to customers and will include the option of completing a Hardship Agreement for payment of outstanding penalties prior to enacting another recovery mechanism.

Staff Recommended Next Steps
As noted throughout this report, there are many nuances to the Phase II Water Emergency and there is a need for subsequent, more in-depth Council discussion and policy revision. This includes, but is not limited to: current penalty structure and water restriction allocations in Phase II and Phase III as directed by the Municipal Code. The City is currently in a Phase I Water Emergency and, while a Phase II emergency is not necessarily eminent, due to the current drought conditions it is important to plan ahead for moving forward into Phase II based on lessons learned.

Staff's recommendation is to engage the two Council Water Ad Hoc committee members - Mayor Ellsworth and Councilmember Hardy, and work with staff on:

1. Policy recommendations for consideration by the full Council; and

2. Develop a refined list of what is needed if the City enters into a Phase II emergency - e.g.:
a. Customer outreach
b. Use of consultants
c. Hiring of a dedicated Project Manager for the emergency d. Notification of allocations
e. Implementation of penalties
f. Additional support staff to assist with the increased workload

RECOMMENDED ACTION
Receive and file report and provide direction to staff for collection of unpaid penalties and confirmation of staff recommendations for next steps.

ATTACHMENTS
Attachment 1 - Water Advisory Board Feedback
Agenda Item #10.2.

Water Advisory Board - Feedback
At the March 18, 2022 meeting of the WAB, staff presented a summary report and provided the WAB with the opportunity to discuss anything learned during the process, discuss any challenges, and identify opportunities for improvement. It was noted staff would be preparing a report to the City Council and would include any feedback received by the WAB. The feedback provided by the WAB is provided below:

Communication

1. Start water education earlier - A lot of customers were not aware the City was in a Phase I emergency and it was not until penalties were assessed that customers started paying attention.

2. Customers indicated they did not get enough time before the penalties were assessed.

3. Have a system to broadcast information to all users, this would include an annual notification to all customers to update their account information

4. Update the City's website

5. Build a packet for all new water customers which includes the following:
a. Welcome letter
b. Notification this is a drought area and that there are regulations as well as the conditions of the St. Helena area
c. Provide information that the City encourages water conservation and include water education information
d. Provide information on Phase II allocations and penalty structure e. Application - add a line for additional contacts and have multiple levels of communication

6. Public Works - meet and educate customers on how irrigation works and setting their systems up correctly
Leaks

1. It was the consensus that the leak letters are valuable; however, it is the recommendation that additional information is provided in the letter explaining what triggers a leak letter being sent.

2. City to provide more education or provide a resource tool for assistance. a. Irrigation systems - this is the top contributor for leaks b. Pool Leaks
c. Include information on the challenges to finding a leak, how to find a leak, and fixing leaks
Historical Water Use

1. During Phase I notify customers of their historical use as people tend to use water and not pay attention to how much they use.

Agenda Item #10.2.

2. During Phase I notify customers of their allocation if a Phase II is triggered.

3. Phase II Water Allocations - The SHMC allows for an additional 20 gallons per day per square foot for larger lot sizes. The language specifies that this allocation is for landscaped area, the problem is how to verify the actual landscaped area. The WAB recognizes this is labor intensive and is a staffing issue.

4. Irrigation
a. Align watering days for Phase I and Phase II in the SHMC b. Potentially change time allowed for irrigation to give the water customer the opportunity to see where leaks may be happening.

Penalties

1. The current penalty structure is challenging, difficult to administer, and difficult to explain to customers. The WAB recommends re-evaluation of the current structure which may include: a maximum penalty such as the penalty does not exceed ___% their total water bill.

2. The WAB expressed concern over the amount of staff time, resources, and costs incurred to implement the penalty structure and, in the end, were the penalties effective in saving water or is it possible to look at different approaches - could the City achieve conservation without the utilization of penalties? Final Comments
In 2014 a Phase II was triggered; however, before the WAB met for the first time, or penalties were imposed, Phase II restrictions were lifted. It was the consensus of the WAB that staff and the WAB are now more prepared if/when a Phase II is triggered again. In particular the WAB noted the following items were put in place during the Phase II Water Emergency declared in 2021:
a. Development of an administrative tool to approve Penalty Waivers to ensure consistency.
b. Having standards for review in place.
c. Applications for appeals became more uniform.

Agenda Item #10.2.

Water Penalty Update
By: April Mitts, Assistant City Manager
Agenda Item #10.2.

Purpose
• Report on Activity by the Water Advisory Board
• Feedback for City Council
• Present Summary of Penalties
• Council Direction
Agenda Item #10.2.

Background
• Phase I – July 1, 2020
• Reservoir 60%
• Phase II – October 27, 2020
• Reservoir 39.4%
• Phase II Penalties
• June 2021 through November 2021
• Revert back to Phase I – December 2021
Agenda Item #10.2.

Penalty Related Actions
Description # of Items
Exception Requests Granted – Admin Lot Size 359
Exception Requests Granted – Admin Medical 14
Exception Requests Granted – Admin Misc. 34
Exception Requests Granted – WAB 2
Penalty Waivers Approved – Administrative 126
Penalty Waivers Approved – WAB 38
Penalty Waivers Denied 9
Agenda Item #10.2.

Penalty Related Actions - Revenues
Description # of Accts Amount
Total Penalties Imposed 1,204 6,110,845
Penalty Forgiveness 324 (233,201)
Penalty Appeal Waiver 167 (2,180,921)
Allocation Adjustments 339 (1,426,242)
Penalty Assessed without Notice 15 (196,416)
TOTAL PENALTIES ASSESSED 2,074,064
TOTAL PENALTIES PAID TO-DATE (1,109,632)
OUTSTANDING PENALTIES TO BE PAID 964,432
Agenda Item #10.2.

Penalty Related Actions - Expenses
Description Amount
Communications Strategy (Outreach) 46,034
Penalty Policy Development 57,684
Penalty Implementation 25,000
Data Integration (Monthly Penalties) 12,481
Water Regulations Code Enforcement 62,795
Additional Administrative Support 36,606
Mailers 26,878
Urgency Ordinance Development 8,578
TOTALS 276,056
Agenda Item #10.2.

Penalty Related Actions - Staffing
Staff Task Est. Hours Est. Costs
Exception Requests 202 9,765
Household Surveys 550 21,280
Penalty Waivers 346 26,268
Penalty Reconciliation 100 8,721
Account Adjustments 777 33,811
WAB Meeting and Meeting Prep (staff only) 266 10,097
Detailed Meter Reads and Analysis 369 22,140
Farmer’s Market Outreach (2021 only) 234 7,254
Penalty Assessments 120 7,200
Weekly Phase II Water Meetings 120 6,000
Mailer/Outreach Preparation 22 1,320
TOTALS 3,168 166,752
Agenda Item #10.2.

Loss Revenues
FY 22 Estimated
Rate Study
FY 22 Estimated
Adopted Budget
FY 22
Actual
Difference
Adopted vs. Actual
Water $7.1 million $6.2 million $5.8 million (400,000)
Wastewater $4.2 million $3.4 million $3.4 million -0-
Agenda Item #10.2.

Summary of Fiscal Impact
Item Amount
Penalties Paid 1,109,632
External Contract Work (276,056)
Loss Revenues (Water) Adopted v. Actual (400,000)
Net 433,576
Unpaid Penalties 964,432
Net if 100% of Unpaid Penalties are Collected *1,398,008 *On 2/22/22 City Council authorized the use of $450,000 in penalty funds collected Agenda Item #10.2.

Feedback – Staff and WAB
Feedback
Water Education – Use and Conservation
Lack of Empathy/Understanding for City Staff
Rude/Aggressive Behavior by some Customers
Stress Experienced by Staff
Inadequacies of the Current Meter System
Need for Simplification of the Penalty Structure
Importance of Standard Vocabulary/Definitions
Improved Customer Education and Communications
Agenda Item #10.2.

Historical Water Use - All Users
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Units
CY 19 & 20 Average
CY 2020
CY 2021
CY 2022
June – November 2021 Penalties Assessed
Agenda Item #10.2.

Historical Water Use – YOY % Change
CY Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2018 24% 15% -7% -21% -3% -8% 9% -10% -8% 51% -62% 24%
2019 -18% -6% -8% -10% 27% -15% -11% -5% -10% -24% 151% 57% 2020 -7% 56% 43% 51% 22% 38% 10% 1% 2% -17% -53% -38%
2021 3% -19% -55% 6% -28% -20% -32% -35% -26% -43% -16% -54% 2022 -23% -24% 82% -35% 10% 4% -15% -3% 18%
Phase I
Phase II
Penalties
Agenda Item #10.2.

Discussion and Direction – 2 items

1. Collection of Outstanding Penalties
•Hardship Agreements
•Collection Agency
•Small Claims Court
Agenda Item #10.2.

Discussion and Direction – 2 items

2.Staff Recommended Next Steps:
❖Engage 2 Council Water Ad Hoc Committee Members and Staff oDevelop policy recommendations
• Revisit Current Penalty Structure
• Revisit Current Water Allocations
oDevelop refined Phase II Emergency List
• Customer Outreach
• Use of Consultants
• Project Manager
• Notification of Allocations
• Implementation of Penalties
• Additional Support Staff
Agenda Item #10.2.

Questions?
Agenda Item #10.2.

Report to the City Council
Regular City Council - 11 Oct 2022
Agenda Section: NEW BUSINESS
Subject: Appointment of a Subcommittee to Review and Make Recommended Changes to the City Council, Committees,
Boards and Commission Rules of Procedure for the Conduct of Meetings & Standards of Conduct document.

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
On May 11, 2021, the City Council adopted updates to its Rules of Procedures for the Conduct of City Meetings and Standards of Conduct (Attachment 1). The purpose of these protocols is to provide and effective environment for the City Council to provide leadership. It is expected the document will be reviewed on a regular basis and amended from time to time.

DISCUSSION
At the September 27, 2022 City Council meeting, Mayor Ellsworth made a request for the City Council to consider review of the current St. Helena City Council Standards of Conduct, Vice Mayor Dohring concurred with the recommendation.

Council provided direction to bring this item back to Council at the next meeting so an appointment of a sub-committee consisting of two Council members could be made. This sub-committee will work with the City Manager, City Clerk and City Attorney to review and make recommendations to the City Council for any updates to the Standards of Conduct.

FISCAL IMPACT
None
Agenda Item #11.1.

RECOMMENDED ACTION
Appointment of a subcommittee of the City Council to review and make recommended changes to the City Council, Committees, Boards and Commission Rules of Procedure for the Conduct of Council Meetings & Standards of Conduct document.

ATTACHMENTS
Attachment 1 - 2021-63 RESCINDING RESOLUTION 2019-18 ADOPTING RULES OF

PROCEDURE FOR CONDUSCT OF COUNCIL MEETINGS AND STANDARDS OF

CONDUCT
Agenda Item #11.1.

CITY OF ST. HELENA
RESOLUTION NO. 2021- 63
RESCINDING RESOLUTION NO. 2019- 18 ADOPTING RULES OF

PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS AND CITY

COUNCIL STANDARDS OF CONDUCT, AND RE-ESTABLISHING

RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL

MEETINGS AND RE-ESTABLISHING CITY COUNCIL STANDARDS OF

CONDUCT

RECITALS
A. WHEREAS, City Council Rules of Procedure for the Conduct of Council Meetings are established to provide an effective environment for the City Council to provide leadership; and
B. WHEREAS, City Council Standards of Conduct are established to provide guidance to Council Members to assist in fully understanding the role and scope of the responsibilities of office; and
C. WHEREAS, City Council reviews City Council Rules of Procedure for the Conduct of Council Meetings and reviews City Council Standards of Conduct and revise as deemed necessary; and
D. WHEREAS, on May 11, 2021 the City Council adopted a new Council Vision and Council Mission; and
E. The City Council Rules of Procedure for the Conduct of Council Meetings & Standards of Conduct have been updated to include the new Council Vision and Council Mission.

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

1. Resolution No. 2019- 18 Adopting Rules of Procedure for the Conduct of Council Meetings is hereby rescinded; and

2. City Council Rules of Procedure and Standards of Conduct are adopted and hereby made part of this resolution. Attached hereby as Exhibit A.

Approved at a Regular Meeting of the St. Helena City Council on May 11, 2021, by the following vote:

Agenda Item #11.1.

Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy:

Council Member Eric Hall
APPROVED:

C
Ce orth, Mayor
Yes
Yes
ATTEST:

I ..: v i (
Agenda Item #11.1.

Exhibi A- City Council Rules o Pmcedure and S andards of Conduct Agenda Item #11.1.

Exhibit A

CITY COUNCIL

RULES OF PROCEDURE FOR THE

CONDUCT OF COUNCIL

MEETINGS
E'

STANDARDS OF CONDUCT
Agenda Item #11.1.

TABLE OF CONTENTS

1. PURPOSE .................................................................................................... 4

1. 1 Council- Manager Form of Government .............................................. 4

1. 2 City Council Vision and City Council Mission ..................................... 4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ............................................................................... 5

2. 1 Regular Meeting ................................................................................ 5 22 Special, Emergency, and Adjourned Meetings .................................. 5

2. 3 Regular Meeting Agenda ................................................................... 6

2.4 Public Testimony and Comments Before the Council ........................ 7

2.5 Roll Call and Voice Votes .................................................................. 8

2. 6 Consent Items ............................................................................. 9

2.7 Reports ....................................................................................... 9

2. 8 Closing Time of Council Meetings ..................................................... 9

2.9 Old Business ................................................................................. 9

2. 10 New Business ........................ ....................................................... 9

2. 11 Office of the Mayor ...................................................................... 10

2. 12 Office of Mayor Pro Tempore (Vice Mayor) ................................ 10

2. 13 Action by the Council ................................................................... 10

2. 14 Adoption by Majority Vote ........................ ................................... 11

2. 15 Discussion ................................................................................... 11

2. 16 Ratification of Actions .................................................................. 11

2.17 Procedural Motions ........................ ............................................. 11

2. 18 Withdrawal of Motion ................................................................... 12

2. 19 Duty to Vote ........................ ........................................................ 13

2.20 Introduction and Passage of Ordinance ........................ .............. 13

2.21 Closed Sessions ........................ ................................................. 13 222 Quorum ....................................................................................... 14 223 Telephonic Attendance Of Council Members At Council Meetings...................................................................................... 14

2.24 Public Hearings ........................................................................... 16

2.25 Appointments to Committees and Boards ................................... 16

2. 26 Rosenberg' s Rules of Order: Simple Parliamentary Procedures for the 21 st Century ..................................................................... 17 2 Agenda Item #11.1.

3. CITY COUNCIL STANDARDS OF CONDUCT ......................................... 17

3. 1 Policy Purpose ............................................................................... 17

3.2 Ethics ............................................................................................. 17

3.3 Code of Ethics and Conduct .......... ................................................ 20

3.4 Enforcement and Sanctions ............................................................. 25

3. 5 I mplementation .............. ................................................................ 29 Exhibit—Rosenberg's Rules of Order. Simple Parliamentary Procedures for the 2151 Century
3 Agenda Item #11.1.

PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the Ciry Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

1. 1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected Ciry Council which, in tum, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.

The City Council is the City' s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.

The Council- Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides " checks and balances" of both policy and administrative branches of government by limiting the power of each.

1. 2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and recreational Agenda Item #11.1.

opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

Council Mission
The City of St. Helena is dedicated to serving its citizens by:

Promoting a culture of equity, diversity and inclusion
Supporting thriving families and ensuring the health and wellbeing of our youth
Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
Preventing, preparing for, and mitigating fire and other local emergencies
Improving and maintaining City infrastructure
Updating our water management policies to ensure an adequate water supply
Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
Preserving our historic, small-town, rural character
Expanding recreational, active transportation and cultural opportunities Facilitating innovative, well- designed housing for residents of all backgrounds, ages and income levels
Encouraging full civic participation and ongoing communication Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders See Resolution Number2021-_, dated May 11, 2021.)

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

2. 1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6: 00 p. m. If it is necessary to hold a closed session prior to the start of a Regular Meeting, the closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p. m. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

Agenda Item #11.1.

2.2 Special, Emergency, and Adjourned Meetings
a) Special Meetings. The Mayor or the Vice Mayor in the Mayor's absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be ( a) delivered to the Mayor and each Councilmember personally or by any other means; ( b) posted on the Council's principal bulletin board, City website and place of ineeting; and c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City's Municipal Code and State Law.
c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two ( 72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda at least ten days prior to the meeting.
b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communicafion with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise determines. If Council action is contemplated, proposed action shall be included in the Staff report. The City Agenda Item #11.1.

Manager may also add any item of business to a future agenda in his or her sole discretion.
c) Agenda Packet Distribution. Each Councilmember shall be furnished a copy of the agenda and the package of agenda material by 5: 00 p. m., on the Friday eleven days preceding a Regular Meeting, and the agenda and agenda materials shall be available for public inspection and distribution or copying at that time. Each Councilmember may opt out from receiving a paper agenda and instead receive and review the agenda electronically on a City issued iPad. Any agenda materials not included in the agenda package by 5:00 p. m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Public Forum

5. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

6. Presentations and Public Recognitions
Staff Briefing

8. Consent Items and Items Removed from Consent

9. Public Hearings

10. Old Business

11. New Business

12. Items likely to be placed on the next or future meeting agenda.

13. Adjournment
e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall and at the St. Helena Public Library at or near the time they are circulated to the City Council.

2.4 Public Testimony and Comments Before the Council
a) Addressing the Council Generally. Each person addressing the Council may give his or her name and address ( optional) in an audible tone of voice for the record. Each person' s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, speakers may be asked to limit their comments to Agenda Item #11.1.

new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker.
b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each. Applicant shall first be permitted five minutes at close of public comments for rebuttal.

If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.
g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled "Public Forum" when that item is called by the Mayor. Each person is entitled to speak on non- agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future e
Agenda Item #11.1.

agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.

2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2. 6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under "Consent Items" and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person, a Consent Item shall be considered separately following approval of the remaining "Consent Items." Items approved under the heading "Consent Items" will appear in the Council minutes in their proper form, as if approved item by item.

2.7 Reports
Under the agenda heading " Reports" the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to be addressed by the City Attomey during the meeting, and may propose future agenda items.

2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9: 00 p. m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9: 30 p. m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9: 30 p. m. and adjourn by 10:00 p.m. Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2. 9 Old Business
Old Business" will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

2. 10 New Business
0 Agenda Item #11.1.

The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.

2. 11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitied to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.

The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council' s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor's absence.

2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor's absence, the Mayor pro tempore shall have the Mayor's powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor's powers and duties on the Mayor pro tempore.

When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a fG7
Agenda Item #11.1.

meeting, the Council may elect from among its members a temporary chair to preside at the meeting.

2.13 Action by the Council
Action by the Council shali be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of Califomia. Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:
a)
b)
c)
d)
e)
Staff shall introduce the agenda item and present the Staff report.

City Council shall ask questions of Staff.

The Mayor will invite public comment on the item.

Having received all public testimony, the Council will deliberate on the matter.

If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall altemate between opponents and proponents of the measure.

2. 16 Ratification of Actions
Agenda Item #11.1.

To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

2. 17 Procedural Motions
a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless othervuise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. b) To Adjoum. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
c) To Take a Brief Recess.
d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.
f) To Divide a Complex Motion and Consider It by Paragraph. g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.
h) To Continue an Item to a Future Meeting Certain.
i) To Refer to Staff for Action.

Q) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting.

I) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is 12 Agenda Item #11.1.

forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
m) To call for a Straw Vote. The Mayor, at the Mayor's discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any " seconder' of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.

2. 19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.

2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the ordinance, after which a roll cail vote shall be taken to introduce the ordinance.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

2. 21 Closed Sessions
a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attomey, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the 13 Agenda Item #11.1.

nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply. c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:

The City Council will convene in open session at the
stated time, but will then adjourn to address any closed sessions items listed on the agenda. The public is
invited to address the Council with comment on any
listed closed session item immediately prior to
Council's adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p. m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. if
necessary, the Council may reconvene in closed
session to continue discussion of listed items following the completion of open session business.
d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.

2.23 Telephonic Attendance Of Council Members At Council Meetings a) The City Council Procedures provisions concerning Telephonic Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via telephonic appearance are actively discouraged. 14 Agenda Item #11.1.

Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member's absence. In addition, at least a quorum of the Council must participate from a location within the City Govemment Code Section 54953( b)( 3)).
b) If these two threshold requirements are met, the Council Member who will be appearing telephonically must ensure that:

1. The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting.

2. The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.

3. The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities.

4. Members of the public who attend the meeting at the
teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers.

5. The teleconference location must not require an admission fee or any payment for attendance.

6. If the Council Member determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconference.
c) Approved Teleconference Guidelines for Council Members:

1. One-week advance written notice must be given by the Council Member to the City Clerk's office; the notice must include the address at which the teleconferenced meeting will occur, the address the Council packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones shall not be used to participate in teleconferenced meetings.

2. The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred.

The City Clerk will assist, if necessary, by faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member's responsibility to 15 Agenda Item #11.1.

ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the one-week advance written notice above.

The Council Member must ensure that the location will be publicly accessible while the meeting is in progress.

4. The Council Member must state at the beginning of the Council meeting that the 72-hour posting requirement was met at the location and that the location is publicly accessible. The Council Member also must describe the location. Furthermore, the City Clerk will provide Council with a quarterly report detailing the telephone charges associated with teleconferenced meetings.

2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be ailowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure. When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City's website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.

Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.

Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.

Council Members contacting references should disclose this information during the appointment process.
16 Agenda Item #11.1.

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. Council shall rank all applicants from highest to lowest and appoint by ballot process. Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.

Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position( s) to seek additional applicants.

2.26 Rosenberg' s Rules of Order: Simple Parliamentary Procedures for the 21 st Century
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City shall be governed by Rosenberg' s Rules of Order: Simple Parliamentary Procedures forthe 2151 Century attached as Exhibit). However, no ordinance, resolution, or other action of the Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Council to observe or follow such rules. Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg's Rules of Order. Simple Parliamentary Procedures for the 215 Century are incorporated into this document, except to the extent they are modified by this Protocol document.

3. CITY COUNCIL STANDARDS OF CONDUCT

3. 1 Policy Purpose
The St. Helena City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of St. Helena's City government.

3. 2 Ethics
The citizens and businesses of St. Helena are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:

Comply with both the letter and spirit of the laws and policies affecting the operations of government;
Are independent, impartial and fair in their judgment and actions; Use their public office for the public good, not for personal gain; and Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. 17 Agenda Item #11.1.

Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concem, members will work for the common good of the people of St. Helena and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of Califomia and the City of St. Helena in the performance of their public duties.
c) Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the Staff or public.
d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council.
e) Conduct at Public Meetings. Members shall prepare themseives for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions ( those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
g) Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the pody which they may have received from sources outside of the public decisionmaking process. 8 Agenda Item #11.1.

h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have ( a) a material financial interest, ( b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.

A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attomey to seek advice from the Fair Political Practices Commission ( FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
i) Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
j) Confidential Information. Members must maintain the
confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. k) Use of Public Resources. Members shall not use public resources which are not available to the public in general ( e.g., City Staff time, l9
Agenda Item #11.1.

equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.

I) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. m) Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of St. Helena, nor wili they allow the inference that they do. Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of St. Helena City government as outlined in the St. Helena City Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City Staff, Boards, Committees and Commissions, and the public. Except as provided by the City Code, members shali not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of Staff to implement Council policy decisions.
o) Independence of Boards, Committees and Commissions.

Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings. p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to Staff. 20 Agenda Item #11.1.

3. 3 Code of Ethics and Conduct
The Code of Ethics and Conduct are designed to describe the manner in which elected and appointed officials should treat one another, City Staff, constituents, and others they come into contact with while representing the City of St. Helena. a) Elected and Appointed Officials' Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

1. Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of inembers on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

2. Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.

3. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a" point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

4. Demonstrate effective prob/em-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

Agenda Item #11.1.

b) Elected and Appointed Officials' Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

1. Be we/coming to speakers and treat them with care and gentleness.
a. While questions of clarification may be asked, the official' s primary role during public testimony is to listen.

2. Be fairand equitab/e in allocating public hearing time to individual speakers.
a. The chair will determine and announce limits on speakers at the start of the public hearing process.

3. Practice active listening
a. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the room gives the appearance
of disinterest. Members shall try to be conscious of facial expressions, and avoid those that could be interpreted as smirking," disbelief, anger or boredom.

4. Maintain an open mind
a. Members of the public deserve an opportunity to influence the thinking of elected and appointed officials.

5. Ask for clarification, but avoid debate and argument with the public
a. Only the chair — not individual members — can interrupt a speaker during a presentation. However, a member can
ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
c) Elected and Appointed Officials' Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City Staff who implement and administer the Council' s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. 22 Agenda Item #11.1.

1. Treat all Staff as professionals
a. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.

Poor behavior towards Staff is not acceptable.

2. Do not disrupt City Staff from theirjobs
a. Elected and appointed officials should not disrupt City Staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City Staff meetings unless requested by Staff — even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may intimidate Staff, and hampers Staff' s ability to do theirjob objectively.

3. Never publicly criticize an individual employee
a. Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee's
manager. Comments about Staff performance should only
be made to the City Manager through private
correspondence or conversation. Appointed officials
should make their comments regarding Staff to the City
Manager or the Mayor.

4. Do not get involved in administrative functions
a. Elected and appointed officials acting in their individual capacity must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

5. Do not solicit political support from Staff
a. Elected and appointed officials should not solicit any type of political support ( financial contributions, display of posters or lawn signs, name on support list, etc.) from City Staff. City Staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

6. No Attorney-Client Relationship
a. Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her Staff and attorneys contracted to work on behalf of the City. The City Attomey represents the City and not individual
23 Agenda Item #11.1.

members. Members who consult with the City Attorney
cannot enjoy or establish an attorney-client relationship with the attomey.
d) Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City' s leadership and should be treated with appreciation and respect.

1. Respect Role of Liaison to City's Boards,
Commitfees and Commissions
Several of the City's Boards, Committees and Commissions have a Council Member who serves as its Council liaison. The City Council will collectively review and approve liaison appointments annually. Council Members serving as liaisons should act as an advisor and resource to committee/board/commission members and the committee/board/commission' s Staff liaison when issues regarding process, procedure, attendance, interpersonal or public relations arise.

2. Respect that Boards, Committees and Commissions serve the community, not individua/ Councilmembers
The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy
established by the Council. But Board, Committee and
Commission members do not report to individual
Councilmembers ( whether or not they are serving as liaisons), nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with
removal if they disagree about an issue. Appointment and reappointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with Staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political " reward."

3. Be respectlul of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.

Councilmembers may have a closer working relationship with some individuals serving on Boards, Committees and Commissions, but must 2A
Agenda Item #11.1.

be fair and respectful of all citizens serving on Boards, Committees and Commissions.

4. Keep politica/ support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.
e) Elected and Appointed Officials' Conduct With Each Other and the Public in Private Encounters
Continue Respectful Behavior in Private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions, and set forth above in subsections ( a) through ( d), should be maintained in private conversations, including telephone calls, texts, e-mails or other forms of communication. Council Members and appointed officials shall refrain from abusive conduct, intimidation, bullying tactics, personal charges, or verbal attacks upon the character or motives of other members or the public.

2. Be Aware of the Insecurity ( Non- Confidentiality) of Written Notes, Texts, Voicemail and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this Email or text message were forvvarded to others? Written notes, voicemail messages, texts and E- mail should be treated as potentially public" communication.

3. Understand that Even Private Conversations can have Public Presence Elected and appointed officials are always on display — their actions, demeanor, fitness, mannerisms, language and timing and form of communication are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, late- night e- mails will be questioned and casual comments between individuals before and after public meetings noticed.

3. 4 Enforcement and Sanctions
a) Acknowledgement of Code of Ethics and Conduct
Upon assuming office each Councilmember, and each Board, Committee and Commission Member ("Membe"), shall sign a statement affirming that he or she has been provided with and has read the Code of Ethics and 25 Agenda Item #11.1.

Conduct. Each Councilmember, Board, Committee and Commission Member, shall adhere to the Code of Ethics and Conduct as well as the Council' s Rules of Procedure. Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office. b) Ethics Training for Loca/ Officials
Councilmembers, City Treasurer, City Clerk, Board, Committee and Commission Members shall report annually to the City Clerk with respect to his or her compliance with State or City mandated requirements for ethics training. Councilmembers, City Treasurer, City Clerk, Board, Committee and Commission Members who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees and may be subject to sanctions.
c) Behavior and Conduct
The St. Helena Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the St. Helena City Council, Boards, Committees and Commissions. Each Member him or herself has the primary responsibility to assure that he or she understands and satisfies the ethical standards, so that the public can continue to have full confidence in the integrity of govemment. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. Without violating Brown Act serial meeting requirements, individual Members should point out to the offending Member perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the process under 3. 4(e) 1- 10 shall govern.
d) Council Authority
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 3.4(e) 9., a majority of the Councilmembers may remove a Councilmember from any or all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other govemmental agencies or other organizations they hold by virtue of appointment by the City Council. e) Process to Address Alleged Violation of Code of Ethics and Conduct 26 Agenda Item #11.1.

1. Complaint Where any person has substantial evidence that a Member has materially violated the Code of Ethics and Conduct, he or she may file a written statement with the City Clerk who will then provide it to the City Council, and the affected Member. The name of the complainant shall initially be redacted and kept confidential and not disclosed until it has been determined as provided in Section

3.4(e) 2 that there is substantial evidence that the Member has materially violated the Code of Ethics and Conduct.

Substantial evidence" means evidence that reasonably supports a conclusion. It does not mean simply any evidence, nor does it include mere opinions. It must be reasonable in nature, credible, and of solid value.

2. Hearing Officer. Upon receipt of a Complaint as provided in Section 3.4(e) 1., or upon the direction of the City Council, the Mayor, in consultation with the City Manager, shall make a preliminary determination whether there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings below. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor ( and who is not the subject of the complaint) shall make the preliminary determination as provided above.

If the Mayor (or, where the Mayor is disqualified as set forth above, the Vice Mayor) makes the initial determination that there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings, he or she, in consultation with the City Manager, shall appoint an independent Hearing Officer to review and investigate the Complaint. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor ( and who is not the subject of the complaint) shall appoint the Hearing Officer as provided above.

In the event both the Mayor and Vice Mayor are disqualified as set forth above or otherwise unable to carry out the duties under this Section, the Council member with the longest tenure shall do so. If two or more Council members have equal tenure, the Council member ( who is not the subject of the Complaint) shall be selected by a process of drawing straws supervised by the City Clerk.

3. Investigation. To the extent reasonably practicable, the Hearing Officer shall investigate and report, within not more than thirty (30) days, as to whether there is substantial evidence in support of an allegation that a Member has materially violated the Code of Ethics and Conduct. If the Hearing Officer concludes that there is not substantial evidence to support an alleged violation, or that the violation was not material, he or she shall so report to the Council and the matter shall be deemed dismissed unless the Council directs that a public hearing be held pursuant to Section 3.4(e) 5. If the Hearing Officer concludes that there is substantial evidence to support an alleged material violation of the Code of Ethics and Conduct, he or she shall issue a report (" Report") to the City Council and the Member. The Hearing Officer shall allow the affected Member a reasonable 27 Agenda Item #11.1.

opportunity to provide any written comments, evidence and/or arguments which the Hearing Officer shall consider in the investigation and Report.

4. Enforcement The City Council, in its sole discretion, shall enforce the Code of Ethics and Conduct against Members depending upon the extent and severity of the violation by means of either (i) a waming (ii) a written reprimand; ( iii) censure; iv) removal from assignments; or (v) other action as deemed appropriate to the City Council, including without limitation disavowal and/ or disapproval of the Member's violation and/or other action and/or statement. The following procedure shall be utilized:

5. Receipt of Report. As reasonably practicable, within 30 days after receipt of the Report, the Council will hold a public hearing after which it will determine, among any other determination the Council may deem appropriate, whether the Complaint should be dismissed, a warning should be issued, a written reprimand should be issued, censure issued, or the Member should be removed from his or her office only for Members other than Council members) or assignments. The City shall provide written notice of the public hearing and opportunity to be heard to the affected Member. The City Council determination shall be set forth in written findings that the Council may direct staff to prepare for subsequent Council approval.

6. DismissaL Where the Council, based on the Report and any statement from the affected Member, determines that it is clear that no violation occurred or that only a trivial or de minimus violation occurred, or that the Complaint was motivated by revenge or other improper motive, the Council may dismiss the Complaint.

7. Warning. Where the Council, based on the Report and any statement from the affected Member, determines that there is some evidence that only a minor violation or a questionable practice has occurred, the Council may issue a written waming to the affected Member specifying the violation(s) and requesting corrective action.

8. Reprimand. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, the Council may adopt a resolution reprimanding the affected Member for their conduct, stating that any violations shall cease, and requesting corrective action. The affected Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record.

9. Censure. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, and that such violation( s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring Agenda Item #11.1.

the affected Member by condemning his or her actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting the affected Commissioner, Committee or Board member appointed by the City Council who holds a position of chairperson or vice chairperson, stating that the violations shali cease, and demanding corrective actions. The affected Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.

10. Remova/ from Office. Notwithstanding any of the provisions in this Section 3.4, the City Council may remove any Commissioner, Committee or Board member appointed by the City Council at its pleasure, and nothing in the Code of Ethics and Conduct or these rules effects or diminishes such power nor vests such Commissioners or Board members with any additional rights.

3. 5 Implementation
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed officials. Members entering office shall sign a statement ( example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and updated it as necessary.

I affirm that I have read and understand the City of St. Helena Code of Ethics and Conduct for Elected and Appointed Officials.

Signature
29 Date
Agenda Item #11.1.

Exhibit
Rosenberg' s Rules of Order:

Simple Parliamentary
Procedures for the 21 st Century
Agenda Item #11.1.

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Agenda Item #11.1.

Rosenberg' s Rules of Order:

Simple Parliamentary
Procedures for the 21st
1 he rules of procedure ac mectings
should be simple enough for most
peoplc co unJerscand. Unforcunamly,
chaz hasdc always becn che case. Virmally all clubs, associacions, hoards, councils and bodics follow a set of mles, Roberti Rrcler ofOrda, whieh arc cmbodied in a small but complex book.

Virtually no one 1 know has actually
rcad this book mver [o eover.

Worsc ycc, [ hc book was wriacn For
ano[ hcr cime and purposc. [ f you arc
running hc dricish Padiamenc, Robar'r
ReJu ofOrd r is a dandy and yuire uscful handbook. On thc othcr hand, if you ie mnning a meeting of a fivemember budy with a few members of the publie in attendanee, a simplified
version of dic rulcs of padiamcntary
procedure is in order, Hence, [ he birth
of" Rosenberg's Rules of Ordee"
This publicacion covca chc rulcs of
parliamcntary proceJurc bascd on my
20 years of experience chairing mectings
in state and loeal govcrnmcnt. "Chac
rules have becn simplified and slimmed
down For 21st eenmry meceings, yct
diey m[ ain che basie cenea oforder m
whic6 wc arc accmmmcd.

Roscnbcrg's Rulcs ofOrdcr" are supported by the follo ving four prineiple+

1. Rulu should establish order. Thc
first purpose of the rulcs of parliamenr.iry proccJurc is m cs[ ablish a framework for the orderly wnduct
of ineetings.

2. Rula should be cleae Simple rules
lead to widcr undcrs[ anding and
participation. Complcrz rulrs crcacc
nvo dasscs: thosc who unders[ and
and patticipatc and d osc who do
noc fully undcrscand and do noc
fully pattieipate.

3. Rules should be user-friendly. That
is, the rules must be simple enough
that citixens feel they have becn ahlc
m parcieipatc in the proccss.

4. Ruks should enForce the will oF
he majority while protecting the
rights oFthe minority. Thc ultimam
purpose of [he rules of procedure is
ro enwurege discussion anJ m facilitam Jeeision- making by the body. In a democrary, the majority rula. The
rulcs must enablc thc majority m
acprcss itsdf and Fashion a msult,
whilc permiccing chc minoriry ro also
cxpress i[ sclf (but no[ dominatc) and
fully par[ itipatc in thc pmccss.

The Chairperson Should Take a
Back Seat During Discussions
While all mcmbcrs oFthc govcrning
body should know and undcrstand thc
rulcs oFpadiamcn[ ary pmccJurc, it is
thc chairpercon ( chaid vho is chargcd
wi[ I applying thc rulcs of cunduct.

Thc c6air should bc wcll vcrscd in d ose
There are exceptions to the general rule of free
and open deUate on motions. The exceptions all
apply when there is a desire to move on.

Century
by Davr Rosenbcrg
rules, because the chair, for all incencs
and purpos s, makc•s thc final ruling on
thc rulcs. In fact, all decisions by [ hc
chair arc final unlcss ovcrrulcd by [hc
governing body iuelf.

Uecause che chair conduas che meecing,
i[ is wmmon courtcsy for [ he ehair to
ake a less ac[ ivc role than ather membcrs of chc body in debares and discussions. This Joes not mean that the chair should not participate in the debate or
discussion. On thc contrary, as a memher of thc hody, thc chair has full righ[ s m par[ icipa[ c in deha[ cs, discussions
and daision-making. Thc chair should,
howcvcG strivc ro bc chc la.a ro speak at
hc discussion and dcba[ c stagc, and
should nat makc or second a motion
unless he ur s6e is convinced that no
othcr membcr of thc body will do so.

The Basic Format for an
Agenda Item Discussion
Formal mcetings normally have a written,
published agenda; inFormal mcetinys
may havc only an oral or unJcrs[ ood
agenda. In cither ease, [ he mecting is
governed by the agcnda and [ he agenda
constimres chc bocly's agrecd- upon mad
map for [hc mccting. And cach agcnJa
i[ cm can bc handlcd by thc chair in thc
following basic furmat.

First, thc e6air should dearly announec
dic agcnda item number and should
dearly scare what thc subjea is. The
chair should [ hen announw thc fonnat
that will bc followed.

Second, following tha[ agenda format,
he ehair should invite the appropriate
people to report on thc itcm, induding
any mwmmcndation chcy migh[ havc.

The appropriace person may be chc
ehair, a member of ehe governing body,
www.cadtfes.org
Agenda Item #11.1.