St. Helena City Council
October 25, 2022

On this day of , ,befo me,
re Notary Public, personally appeared ,who
proved to me on the basis of satisfacto
ry
name(s) etobehe whose is/are person(s)
vi
d
e
n
c
e
subscribed to the within instrumentan
d
atohat executed the same he/she/they me
c in his/her/their authorized capacity
(ies),
onathat byeir th instrument his/her signature(s)
n
d
the person(s), or the entity upon behalfwh the executed the instrument. acted, person(s) ich
I certify under PENALTY OF PERJU
RY
unthe laws of State the California
der foregoing paragraph is true and correct.

CHRISTINE EHALL
COMM. #2299458
,-Notary Public Calltomia
Napa County Comm. Exlres Jul 2073 3.

WITNESS my hand and official seal.

NRO1 LOHN
Signature: (Seal)
A notary public orthis certi?cate office completing
r veri?es only the i
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n
ti
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the individual who signed of
document to whic
h
isnot tcerti and the attached,
h?cate
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truthfulness, accura
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that document. of validit
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STATE OF CALIF
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COUNTY OF
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Agenda Item #7.5.

A notary public or other of?cer completing this certi?cate veri?es only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validityof that document.

STATE OF CALIFORNIA

COUNTY OF
On this I1 day of ND\l€l‘l\\°Cf , 20 '1«0before me, S W W1
_S°\\“$ -E,°" Notary Public, personally appeared MQVK ?f'€'s+vsJ\(.V \
,who
proved to me on the basis of satisfactory evidence to be the person (s)
is/are nam(s)
subscribed to the within instrument and acknowledged to me that he /
sh
e/
th
ey
executed the same
in his/her/their authorized capacity(ies), and that by his/her their sig nat
ure
(s)
onthe instrument
the person(s), or the entity upon behalf of which the person(s) acted ,
the instrument.

I certify under PENALTY OF PERJURY underthe laws of the Stat e
thate Cal
ifor
nia
foregoing paragraph IS true and correct.
i
. SOPHI
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couu.
l WITNESS my hand and official seal. in 9
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Signature: !§ (Seal
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Agenda Item #7.5.

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 #7.5.

Plan Site
Farmste
ad
Meadow atRanch Long
S
t.

Californi
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PARKNG
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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 #7.5.

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
o
r
t
h
e
a
s
t
area of the agriculturally zoned cmer
will house tractors, farm equipment and wi
ll
and maintenance repair
c
c
o
activities.

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guest
sfof
also lotlocabe
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Agenda Item #7.5.

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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EXISTI
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Agenda Item #7.5.

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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2020-9) (Ord D
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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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(Ord. 2020-9) D
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26 Agenda Item #7.5.

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.

Exh
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2020-9) (Ord. D

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Agenda Item #7.5.

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:

Exh
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(Ord. D2020-9)

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26 Agenda Item #7.5.

Mayor Ellsworth:

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

Councilmember K
ob
ers
tel
n:
/
Cindy Tzalopoulos. CityCle
rk
IE
E
Oul-<
H
|§
InI I-<
Exh
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Fa I: men:
[lnscncd be
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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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26 Agenda Item #7.5.

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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Agenda Item #7.5.

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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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.

Exh
ibit
2020-9) (Ord. D
Pag 14
e
Agenda Item #7.5.

- 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
ibit
2020-9) (Ord. D
Pag 15
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Agenda Item #7.5.

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:

Exh
ibit
(Ord. 2020-9) D
Pag 16
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Agenda Item #7.5.

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Agenda Item #7.5.

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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 #7.5.

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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 #7.5.

- 3 -
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 #7.5.

- 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 #7.5.

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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 #7.5.

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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 #7.5.

- 7 -
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
Agenda Item #7.5.

EXHIBIT A
First Amendment to Farmstead Development Agreement
[Inserted behind this cover page]
Agenda Item #7.5.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and approval of a resolution authorizing: (1) The acquisition of two 2023 Ford Police Explorer Hybrids and a 2023 Ford Maverick Hybrid, and a 2023 Tesla Model 3 for a total amount not to exceed $203,000; and (2) Authorize the City Manger to take such action and execute agreements as necessary to acquire the specified vehicles for the lowest bidders with current availability or the ability to deliver the vehicles in a reasonable timeframe.

CEQA
Determination:

Not a CEQA project
Prepared By: Justin Tharp, Lieutenant
Reviewed By: Anil Comelo, City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The Fiscal Year 2022-2023 approved operating budget includes $250,000 in capital funds to purchase and equip patrol vehicles, special service and administrative vehicles.

The new vehicles will reduce downtime, fuel costs, and pollution. Patrol vehicles are often one of the most visible forms of city government and keeping a modern, well cared for police fleet, reflects positively on the city and the police department.

DISCUSSION
The typical life span of a police patrol vehicle is 100,000 miles given the type of driving and conditions they are subjected to, which includes 24/7 operations and prolonged periods of idling.

Under the direction of the City Council in 2019, the police department was to select alterative fueled vehicles where feasible. Electric vehicles are still in their infancy for fleet Agenda Item #7.6.

police patrol service, but have been adopted by many cities in California, such as Cotati and West Sacramento. Full electric vehicles are currently undergoing extensive testing by larger police agencies. The police department has researched and selected the Ford Police Explorer Hybrid for it generous interior space, pursuit capability and the familiarity for the Officers. Ford also has local repair and warranty facilities to reduce vehicle downtime and transportation costs. The Ford Maverick Hybrid was selected for special service vehicle. The Ford 150 Lightening (electric) was also considered, but is double the cost (approximately $40,000) and availability is extremely limited at this time, with most vehicles being sold in the civilian market. The Tesla Model 3 was selected as an administrative vehicle and will be utilized by the Chief of Police. The Tesla is purchased factory direct and is a sole source vendor with a estimated purchase price of $64,447.

The Chief of Police's current Ford Explorer will become the Officer's administrative vehicle.

Two of the police department's current patrol vehicles are in need of replacement. A 2001 Chevrolet Suburban that was a prior fire vehicle that was transferred to the police department in 2015 and a 2016 Ford Explorer. The 2001 Suburban is 21 years old, inefficient and not well suited for its role as a main line patrol vehicle. The 2016 Explorer has 98,297 miles and is experiencing extended periods of down time for maintenance.

The special services pickup is a 2005 Chevrolet Colorado and is approaching 17 years old and due for a more efficient replacement. Our Administrative vehicle is a 2012 Ford Fusion with approximately 108,000 miles on it. This vehicle is used by officers for training and regularly makes trips as far away as Oregon and Southern California.

Both the Ford Police Explorer Hybrid and the Ford Maverick Hybrid and Tesla Model 3 will reduce the city's carbon footprint and fuel consumption. The Ford Explorer hybrid emits half of carbon in a year, when compared to the 2001 Chevrolet Suburban. Fuel efficiency by all replacement vehicles exceeds the police departments current fleet.

The police department is experiencing difficulties in ordering vehicles due to national supply chain issues and extremely high demand for vehicles in the civilian market. This is due to pent-up demand following the COVID-19 Pandemic and related economic shutdowns. The aforementioned factors have caused Ford Motor Company to shorten it's ordering window for fleet vehicles from months, to weeks in some cases. This makes it difficult to secure bids and present it to city council for approval before the ordering window closes. The St. Helena Police Department is also striving to implement a hybrid fleet making it harder to locate a vehicle within a dealerships inventory, which consists of primarily gasoline powered patrol vehicles. The St. Helena Police Department has also been warned by each vehicle vendor, that past fleet orders have been canceled or reduced. The Police Department is also striving to purchase vehicles from local vendors whenever possible.

The current ordering window for Ford Police Explorer hybrid was shortened to three weeks and both Enterprise and Sager Ford were able to secure orders for two patrol vehicles, realizing if we did not purchase them, another police departments likely would.

Sager Ford and Enterprise were able to secure an order for a Ford Maverick Hybrid.

Agenda Item #7.6.

Tesla is a sole source vendor and sells their vehicle directly from the factory with no dealer network to elicit bids from.

Due to aforementioned complications in acquiring new police vehicles in this current environment, the Police department has not been able to secure bids following the formal bidding procedures set forth in the St. Helena Municipal Code. The Police Department therefore request the the City Manager be authorized to purchase the two Police Explorer Hybrids, one Ford Maverick Hybrid pickup and a Tesla Model 3 for a total amount not to exceed $203,000, and take such action as necessary to acquire the vehicles from the lowest bidders, that have current availability or can deliver the vehicles in a reasonable time as determined by the City Manger.

FISCAL IMPACT
The fiscal impact to purchase four vehicles is estimated to be $203,000 and was approved in the fiscal year 2022-2023 budget.

RECOMMENDED ACTION
Staff recommends City Council approve a resolution authorizing: (1) Acquisition of two 2023 Ford Police Explorer Hybrids, a 2023 Ford Maverick Hybrid pickup and a 2023 Tesla Model 3 (Chief's Vehicle) for a total not to exceed $203,000,and (2) Authorize the City Manager to take such action as necessary to acquire the vehicles from the lowest bidders that have current availability or can deliver the vehicles in a reasonable time.

ATTACHMENTS
2023 Ford Police Interceptor Enterprise Vehicle Sales
2023 Ford Police Interceptor Enterprise Vehicle Sales
2023 Ford Maverick Enterprise Vehicle Sales
2023 Ford Explorer Police Interceptor Sager Ford
2023 Ford Maverick Sager Ford
Tesla Sole Source Letter
2023 Tesla Mode 3
St. Helena_ Resolution to Acquire Police Vehicles 2023-c1 Agenda Item #7.6.

Prepared For: City of St. Helena Date 09/09/2022
Kellogg, Mandy AE/AM MW6/JLT
Unit #
Year 2023 Make Ford Model Police Interceptor Utility
Series Base All-Wheel Drive
Vehicle Order Type Ordered Term 60 State CA Customer# 579445 $ 49,730.53 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 676.87 * Initial License Fee
$ 0.00 Registration Fee
$ 250.00 Other:Courtesy Delivery Fee
$ 0.00 * Capitalized Price Reduction
$ 0.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name TBD
Exterior Color (0 P) Agate Black
Interior Color (0 I) Charcoal Black w/Unique HD Cloth Front Lic. Plate Type Exempt
GVWR 0
$ 49,980.53 Total Capitalized Amount (Delivered Price)
$ 674.74 Depreciation Reserve @ 1.3500%
$ 226.16 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 900.90 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 50,000 OverMileage Charge $ 0.0000 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 74.32 Sales Tax 8.2500% State CA
$ 975.22 Total Monthly Rental Including Additional Services $ 9,496.13 Reduced Book Value at 60 Months
$ 300.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of St. Helena

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6675730
Printed On 09/09/2022 12:13:45 PM Page 1 of 5
Agenda Item #7.6.

VEHICLE INFORMATION:
2023 Ford Police Interceptor Utility Base All-Wheel Drive - US Series ID: K8A
Pricing Summary:

INVOICE MSRP
Base Vehicle $45,750 $47,165.00
Total Options $3,234.00 $3,440.00
Destination Charge $1,495.00 $1,495.00
Total Price
SELECTED COLOR:

Exterior: UM-(0 P) Agate Black
Interior: 96-(0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
119WB 119" Wheelbase STD STD
17T Switchable Red/White Lighting in Cargo Area $47.00 $50.00 21L Front Warning Auxiliary LED Lights $517.00 $550.00
43D Dark Car Feature $24.00 $25.00
47A Police Engine Idle Feature $244.00 $260.00
51S Dual (Driver & Passenger) LED Spot Lamps (Unity) $582.00 $620.00 59B Keyed Alike - 1284x $47.00 $50.00
60A Grille LED Lights, Siren & Speaker Pre-Wiring Included Included 60R Noise Suppression Bonds (Ground Straps) $94.00 $100.00 66C Rear Lighting Solution $428.00 $455.00
68G Rear-Door Controls Inoperable $71.00 $75.00
76R Reverse Sensing System $259.00 $275.00
87R Rear View Camera NC NC
9 Unique HD Cloth Front Bucket Seats w/Vinyl Rear Included Included 153 Front License Plate Bracket NC NC
425 50 State Emission System STD STD
44B Transmission: 10-Speed Automatic Included Included
500A Order Code 500A NC NC
66A Front Headlamp Lighting Solution $841.00 $895.00
92R 2nd Row Only Solar Tint Glass $80.00 $85.00
96_01 (0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear NC NC 99W Engine: 3.3L V6 Direct-Injection Hybrid System Included Included PAINT Monotone Paint Application STD STD
STDAX 3.73 Axle Ratio Included Included
STDGV GVWR: 6,840 lbs (3,103 kgs) Included Included
STDRD Radio: AM/FM/MP3 Capable Included Included
STDTR Tires: 255/60R18 AS BSW Included Included
STDWL Wheels: 18" x 8" 5-Spoke Painted Black Steel Included Included UM_01 (0 P) Agate Black NC NC
VIEW Electrochromic Rear View Mirror Included Included
$50,479.00 $52,100.00
Open-End (Equity) Lease Rate Quote Quote No: 6675730
Printed On 09/09/2022 12:13:45 PM Page 2 of 5
Agenda Item #7.6.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Convex Driver Mirror: convex driver and passenger mirror Spoiler: rear lip spoiler
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip Front Tow Hooks: 1 front tow hooks
Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material
: class III trailering with harness, hitch
Body Side Cladding: body-coloured bodyside cladding
Grille: black grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Driver and Passenger Vanity Mirror: driver and passenger-side visor mirrors Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Dashboard Storage: dashboard storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: Fleet Telematics Modem internet access 1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type projector beam LED low/high beam headlamps Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Printed On 09/09/2022 12:13:45 PM Page 3 of 5
Agenda Item #7.6.

Water Temp Gauge: water temp. gauge
Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Spare Tire Type: full-size spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Electronic Stability: electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Rear Seat Type: rear 35-30-35 split-bench seat
Rear Folding Position: rear seat fold-forward seatback
Leather Upholstery: cloth front seat upholstery
Rear Seat Material: vinyl rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob
Interior Accents: metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Printed On 09/09/2022 12:13:45 PM Page 4 of 5
Agenda Item #7.6.

Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Cargo Tray: cargo tray/organizer
Standard Engine:

Engine 318-hp, 3.3-liter V-6 (hybrid regular gas)
Standard Transmission:

Transmission 10-speed automatic w/ OD
Printed On 09/09/2022 12:13:45 PM Page 5 of 5
Agenda Item #7.6.

Prepared For: City of St. Helena Date 09/09/2022
Kellogg, Mandy AE/AM KW3/JLT
Unit # 269DGD
Year 2023 Make Ford Model Police Interceptor Utility
Series Base All-Wheel Drive
Vehicle Order Type Ordered Term 60 State CA Customer# 579445 $ 49,730.53 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 676.87 * Initial License Fee
$ 0.00 Registration Fee
$ 250.00 Other:Courtesy Delivery Fee
$ 0.00 * Capitalized Price Reduction
$ 0.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name TBD
Exterior Color (0 P) Agate Black
Interior Color (0 I) Charcoal Black w/Unique HD Cloth Front Lic. Plate Type Exempt
GVWR 0
$ 49,980.53 Total Capitalized Amount (Delivered Price)
$ 674.74 Depreciation Reserve @ 1.3500%
$ 226.16 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 900.90 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 50,000 OverMileage Charge $ 0.0000 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 74.32 Sales Tax 8.2500% State CA
$ 975.22 Total Monthly Rental Including Additional Services $ 9,496.13 Reduced Book Value at 60 Months
$ 300.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.

LESSEE City of St. Helena

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 6675732
Printed On 09/09/2022 12:15:16 PM Page 1 of 5
Agenda Item #7.6.

VEHICLE INFORMATION:
2023 Ford Police Interceptor Utility Base All-Wheel Drive - US Series ID: K8A
Pricing Summary:

INVOICE MSRP
Base Vehicle $45,750 $47,165.00
Total Options $3,234.00 $3,440.00
Destination Charge $1,495.00 $1,495.00
Total Price
SELECTED COLOR:

Exterior: UM-(0 P) Agate Black
Interior: 96-(0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
119WB 119" Wheelbase STD STD
153 Front License Plate Bracket NC NC
17T Switchable Red/White Lighting in Cargo Area $47.00 $50.00 21L Front Warning Auxiliary LED Lights $517.00 $550.00
425 50 State Emission System STD STD
43D Dark Car Feature $24.00 $25.00
44B Transmission: 10-Speed Automatic Included Included
47A Police Engine Idle Feature $244.00 $260.00
500A Order Code 500A NC NC
51S Dual (Driver & Passenger) LED Spot Lamps (Unity) $582.00 $620.00 59B Keyed Alike - 1284x $47.00 $50.00
60A Grille LED Lights, Siren & Speaker Pre-Wiring Included Included 60R Noise Suppression Bonds (Ground Straps) $94.00 $100.00 66A Front Headlamp Lighting Solution $841.00 $895.00
66C Rear Lighting Solution $428.00 $455.00
68G Rear-Door Controls Inoperable $71.00 $75.00
76R Reverse Sensing System $259.00 $275.00
87R Rear View Camera NC NC
9 Unique HD Cloth Front Bucket Seats w/Vinyl Rear Included Included 92R 2nd Row Only Solar Tint Glass $80.00 $85.00
96_01 (0 I) Charcoal Black w/Unique HD Cloth Front Bucket Seats w/Vinyl Rear NC NC 99W Engine: 3.3L V6 Direct-Injection Hybrid System Included Included PAINT Monotone Paint Application STD STD
STDAX 3.73 Axle Ratio Included Included
STDGV GVWR: 6,840 lbs (3,103 kgs) Included Included
STDRD Radio: AM/FM/MP3 Capable Included Included
STDTR Tires: 255/60R18 AS BSW Included Included
STDWL Wheels: 18" x 8" 5-Spoke Painted Black Steel Included Included UM_01 (0 P) Agate Black NC NC
VIEW Electrochromic Rear View Mirror Included Included
$50,479.00 $52,100.00
Open-End (Equity) Lease Rate Quote Quote No: 6675732
Printed On 09/09/2022 12:15:16 PM Page 2 of 5
Agenda Item #7.6.

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote manual folding side-view door mirrors Convex Driver Mirror: convex driver and passenger mirror Spoiler: rear lip spoiler
Door Handles: black
Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip Front Tow Hooks: 1 front tow hooks
Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material
: class III trailering with harness, hitch
Body Side Cladding: body-coloured bodyside cladding
Grille: black grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Cruise Control: cruise control with steering wheel controls Trunk/Hatch/Door Remote Release: power cargo access remote release Power Windows: power windows with driver and passenger 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Auto-dimming Rearview Mirror: auto-dimming rearview mirror Driver and Passenger Vanity Mirror: driver and passenger-side visor mirrors Overhead Console: mini overhead console with storage
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Dashboard Storage: dashboard storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 2 12V DC power outlets
Entertainment Features:
radio AM/FM stereo with seek-scan
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 4 speakers
Internet Access: Fleet Telematics Modem internet access 1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: integrated roof antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type projector beam LED low/high beam headlamps Front Wipers: variable intermittent speed-sensitive wipers wipers Rear Window wiper: fixed interval rear window wiper with heating wiper park Rear Window Defroster: rear window defroster
Tinted Windows: deep-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Printed On 09/09/2022 12:15:16 PM Page 3 of 5
Agenda Item #7.6.

Water Temp Gauge: water temp. gauge
Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Spare Tire Type: full-size spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Electronic Stability: electronic stability stability control with anti-roll Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: manual reclining driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Rear Seat Type: rear 35-30-35 split-bench seat
Rear Folding Position: rear seat fold-forward seatback
Leather Upholstery: cloth front seat upholstery
Rear Seat Material: vinyl rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob
Interior Accents: metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Printed On 09/09/2022 12:15:16 PM Page 4 of 5
Agenda Item #7.6.

Cargo Tie Downs: cargo tie-downs
Cargo Light: cargo light
Cargo Tray: cargo tray/organizer
Standard Engine:

Engine 318-hp, 3.3-liter V-6 (hybrid regular gas)
Standard Transmission:

Transmission 10-speed automatic w/ OD
Printed On 09/09/2022 12:15:16 PM Page 5 of 5
Agenda Item #7.6.

FLEET
Agenda Item #7.6.

Agenda Item #7.6.

Agenda Item #7.6.

Agenda Item #7.6.

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Agenda Item #7.6.

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Prevlaw Order 0065 - WBE- Supev?aw FWD- 4.5‘ Bax:

Dealership Namzz Sager Ford
DealerRep. ronaId clark
Custnmar Name St Helena pol

DESCRIPTION

WEEDMAVERICKFWD
.121 O"WHEELBASE

TOTALBASEVEHICLE

OXFORDWHITE
CLOTH
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EQUIPMENTGROUP IODA
.XLTRIM
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‘AUTOCVTRANSMISSION

FLRLNRSW/CARPETED MATS

REARUNDERSEATBINS

TRAILERHITCHRECEIVER

TOTALBASEANDOPTIONS DISCOUNTS
TDTAL
Order Summary ‘?mc oI Preview: 10/04/202210:08:46
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Prlorlty Code I5
MSRP
522195
50 522195
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50 $100
ORDERINGFIN:QEB76 ENDUSERFIN:OE876 PO NUMBER:00005
INCENTIVES A:c.Ca:IeID:10 Eanlract/Reflizld-4:12P BIdDale.09/15/2ZSlaI2CA Customer Name‘ IL/El!/T?g//-‘C
Cuslornemddress: #2len?lQ/If
TIIL1nrder has nu! been submitted:0 the aide! bank. ThisIs nut an Invoke.

Sales Code: 772512
Fleet Vahlcle une Maverick Order Code 0065
Model Year 2023 Prke level 320

DESCRIPTION MSRP

CANEW MTR VEHICLEBOARDFEES SD
FORDFLEETSPECIALADIUSTMENT $0
50 STATEEMISSIONS 50

PRICECONCESSIONINDICATOR SO
REMARKSTRAILER 50
SPECIALDEALERACCOUNTADIUSTM 50

SPECIALFLEETACCOUNTCREDIT SD
FUELCHARGE 5|]
NETINVOICEFLEETOPTION{MA} 50
PRICEDDORA S0
ADVERTISINGASSESSMENT $0
DESTINATION8: DELIVERY $1495
MSRP 22, 915.cu
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DISCOUNTS ZSESQ Mmm
Customer Email
Customer Phone S‘ STST.HELENA. CA94574
— Cuslomer Signature Date
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- Agenda Item #7.6.

RE: Sole Source Documentation
Dear Lieutenant Justin Tharp,
This letter con?rms that Tesla, Inc. is the sthe ofsou manufactur Tesla Model rce er 3 and Model Y. Allnew Tesla vehicles are exclu throgh Tesla stores, our sivel
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website, or corporate of?ce.

Pricing is standardized and uni?ed throug
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the USA, for all new Tsla vehicles.

Warm regards,
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VIA EMAIL
St. Helena Depa
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Agenda Item #7.6.

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Sent: Wednesday, October 12, 2022 7:05 A
M To: Maria Sweitzer; Justin Tharp
Cc: Delonta Wilson
Subject: [External] St. Helena <> Tesla
Hi Lt.Tharp,
Thankyou for your interest in Tesla — our team supports NAGovernment p u
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you? to
Thank you,
Sloan Cinelli
Business Operations Associate, B2B
[email protected]
160 VanStreet, Brooklyn, 11231 NY
E. P. 415-7922642
Agenda Item #7.6.

CITY OF ST. HELENA
RESOLUTION NO. 2022-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AUTHORIZING THE ACQUISITION OF TWO 2023 FORD POLICE
EXPLORER HYBRIDS, A 2023 FORD MAVERICK HYBRID AND A 2023 TESLA MODEL 3 (CHIEF'S VEHICLE) FOR A TOTAL AMOUNT NOT TO EXCEED $203,000; AND FURTHER AUTHORIZING THE CITY MANAGER TO

TAKE SUCH ACTION AS NECESSARY TO ACQUIRE THE VEHICLES FROM

THE LOWEST BIDDERS THAT HAVE CURRENT AVAILABILITY OR CAN

DELIVER THE VEHICLES IN A REASONABLE TIME

RECITALS
A. The City of St. Helena desires to purchase two (2) 2022 Ford Explorer hybrids, (1) Ford Maverick hybrid and a (1) Tesla Model 3; and B. This is an expected, budgeted expense with $250,000 being earmarked for vehicle purchases and upfitting, covered in the FY 2022-23 budget: and C. The police department has experienced difficulties in ordering vehicles due to national supply chain issues and extremely high demand for vehicles in the civilian market, and has been unable to secure bids through the City’s formal bidding process for acquisition of the needed vehicles and therefore desires to acquire the needed vehicles through such other method as the Council deems appropriate; and
D. In order to secure the needed police vehicles in a timely manner, the City Council desires to authorize the City Manager to purchase the necessary vehicles for an amount not to exceed $203,000, and to take such action as necessary to acquire the vehicles.

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

1. The City Council hereby authorizes the acquisition of two 2023 Ford Police Explorer hybrids, a 2023 Ford Maverick hybrid and a 2023 Tesla Model 3 for a total amount not to exceed $203,000; and
Agenda Item #7.6.

2. The City Council further authorizes the City Manager to take such action, including but not limited to the issuance of purchase order and execution of necessary agreeemnts as necessary to acquire the vehicles from the lowest bidders that have current availability for the desired vehicles or can deliver the vehicles in a reasonable timeframe as determined by the City Manager.

Approved at a Regular Meeting of the St. Helena City Council on October 25th, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Hall: __________
APPROVED: ATTEST:
__________________________ __________________________
Jeffery Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.6.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution Authorizing the St. Helena City Council to Grant Formal Recognition of the St. Helena Professional Fire Fighters Association.

CEQA
Determination:

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

BACKGROUND
The City of St. Helena currently has two formally recognized full-time bargaining groups, which include the St. Helena Employees Association and the St. Helena Police Officers' Assocation. In addition to the formally recognized groups, the City has two additional fulltime employee groups that are unrepresented, which consist of Full-time Firefighters and Department Heads & Mid-Managers.

In 1968, with the passage of the Meyers-Milias-Brown Act (Government Code sec. 3500), employees at “local agencies” (cities, counties and special districts) in California gained the right to form unions and “collectively bargain” a contract over “changes in wages, hours, and terms of employment". The purpose is to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations.

It is also the purpose of the act to promote the improvement of personnel management and employer-employee relations within the various public agencies in the State of California by providing a uniform basis for recognizing the right of public employees to Agenda Item #7.7.

join organizations of their own choice and be represented by those organizations in their employment relationships with public agencies.

DISCUSSION
On August 7, 2022, the St. Helena Professional Firefighters Association submitted a petition to be formally recognized as the exclusive bargaining unit for the members of the Association under the provisions of California State Labor Code Section 3500.

The Association consists of six full-time Fire Department employees, in which all six employees affirmed by their signatures on the petition their full support for the request for recognition.

Staff has reviewed the petition and determined that the necessary information to file the petition has been incorporated, which includes:

1. Name and address of the employee organization.

2. Name and titles of its officers.

3. Names of employee organization representatives who are authorized to speak on behalf of the organization.

4. A statement that the employee organization, as one of its primary purposes, represents employees in their employment relations with the City.

5. A statement that the employee organization has proof of employee support by the majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City.

6. A request that the City recognize the employee organization as the exclusively recognized employee organization of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within scope of representation.

Therefore, staff recommends that the City Council recognize the St. Helena Professional Firefighters Association as the exclusive bargaining unit for the members of the Association, which currently consists of six full-time Fire Department employees.

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

RECOMMENDED ACTION
Staff recommends approval of the attached resolution

ATTACHMENTS
Resolution 2022- Fire Fighter Recognition
Attachment 2 - St. Helena Fire Petition Letter and Signatures Agenda Item #7.7.

CITY OF ST. HELENA
RESOLUTION NO. 2022-
AUTHORIZATION OF THE ST. HELENA CITY

COUNCIL TO GRANT FORMAL RECOGNITION OF
THE ST. HELENA PROFESSIONAL FIRE FIGHTERS
ASSOCIATION.

RECITALS
A. The Meyers-Milias-Brown Act (Government Code sec. 3500) affords employees at “local agencies” (cities, counties and special districts) in California the right to form unions and “collectively bargain” a contract over “changes in wages, hours, and terms of employment"; and
B. The purpose is to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations; and
C. On August 7, 2022, the St. Helena Professional Firefighters Association submitted a petition to be formally recognized as the exclusive bargaining unit for the members of the Association under the provisions of California State Labor Code Section 3500; and
D. Staff has reviewed the petition and determined that the necessary information to file the petition has been incorporated; and
E. Staff recommends that the City Council recognize the St. Helena Professional Firefighters Association as the exclusive bargaining unit for the members of the Association, which currently consists of six full-time Fire Department employees.

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

The Council hereby grants formal recognition of the St. Helena Professional Fire Fighters Association.

Approved at a regular meeting of the St. Helena City Council on October 25, 2022 by the following vote:

Agenda Item #7.7.

Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.7.

ATTACHMENT 2
Agenda Item #7.7.

Agenda Item #7.7.

Agenda Item #7.7.

Agenda Item #7.7.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution authorizing and delegating the City of Napa to submit an application on its behalf and administer the Permanent Local Housing Allocation Program and to authorize the City
Manager to sign a binding Delegation Agreement with the City of Napa for the period encompassing five (5) years of formula allocations (2019-2023), made available in Notices of Funding Availability (NOFAs) issued by the State beginning in
February 2020 and extending through 2024, including all years stipulated in the State standard agreement.

CEQA
Determination:

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

BACKGROUND
In September 2017, the California Legislature approved Senate Bill 2 (SB 2) that established the Building Homes and Jobs Trust Fund to fund affordable housing by imposing a $75 recording fee on real estate documents. and authorizes the State of California Department of Housing and Community Development to allocate 70 percent of monies collected and deposited in the fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities.

The intent of the bill is to provide a permanent, on-going source of funding to local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Cities are entitled to a return to source allocation in increments of five year. The current period encompasses funds collected Agenda Item #7.8.

between 2019 and 2023. The City of St. Helena must submit a plan for funds for this year to avoid losing current and future funds.

DISCUSSION
As part of the application, the City must prepare, solicit public input, and submit a fiveyear plan on how the City intends to use its allocation of Permanent Local Housing Allocation (PLHA) Program funds. There are a variety of eligible activities the City may choose to utilize the funds for including:
• The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies.
• The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of area median income (AMI), or 150-percent of AMI in high-cost areas. • Matching portions of funds placed into Local or Regional Housing Trust Funds. • Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to California Health and Safety Code Section 34176(d).
• Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.
• Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
• Accessibility modifications in lower-income owner-occupied housing. • Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. • Homeownership opportunities, including, but not limited to, down payment assistance.
• Up to 5% of the grant can be used for administrative costs.

The funding available in the NOFA is for a five-year period and is based on anticipated revenue. The City’s five-year estimated funding amount is $534,021.

The draft PLHA Plan establishes that the City intends to spend the funds on the following:

Owner-occupied and renter-occupied rehabilitation. The projects eligible for these funds must be related to rehabilitation, such as improving the structural integrity of a dwelling unit in order to meet building codes, correcting health and safety issues, and correcting code violations. To qualify for the project, the applicant must be an income eligible homeowner. The owner’s total household income must be at or below 80% of the area Agenda Item #7.8.

median income. Alternatively, a rental unit could be deed restricted for the similar amount.

PLHA funds will be utilized to expand the City's existing program and assist additional homeowners with zero interest loans up to $60,000.

Although the PLHA allocations can be modified in the future, any change of 10% or more requires submitting an amended plan to the State.

The City of Napa currently provides housing services to the City of St. Helena. Under the PLHA guidelines, one jurisdiction may delegate the submission of an application and administration of the PLHA program to another entity via a binding delegation agreement for the five-year PLHA cycle. The City of Napa has agreed to serve as the delegated entity for the City of St. Helena. One of the requirements for the City of Napa to serve as the designated entity is that the City of St. Helena elects to allocate the funds to a program that is modeled after an existing program that is currently being administered by the City of Napa, such as housing rehabilitation grant program, or if a new program is identified, then that program will be modeled after an existing City of Napa program for administration coordination.

Per the proposed agreement, the City of St. Helena will allocate its 5% administrative cost recovery share to the City of Napa to compensate them for the costs to administer the City’s PLHA program.

FISCAL IMPACT
The current program proposed will utilize PLHA grant funding to fund the program. In addition, the grant allows 5% of the funds to be allocated to administrative expenses, which will be utilized to fund the services provided by the City of Napa to administer the program.

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
Resolution 2022-XX PLHA Resolution
PLHA Agreement-St. Helena Delegation
Agenda Item #7.8.

Attachment 1
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution delegating the City of St. Helena’s Permanent Local Housing Allocation (PLHA) funds to the City of Napa to facilitate preservation of affordable housing through an owner-occupied and rental unit rehabilitation loan program; and authorize the City Manager to execute and agreement with the City of Napa to administer the PLHA program.

RECITALS
A. In 2017, Governor Brown established the Building Homes and Jobs Act (SB 2) to fund unmet affordable housing needs with a $75 recording fee on real estate documents; and
B. The Permanent Local Housing Allocation (PLHA) program, administered by the California Department of Housing and Community Development (HCD), provides this permanent, on-going source of unmet housing needs funding in five-year increments; and
C. It is anticipated that the City of St. Helena will be eligible for an estimated $534,021 in funding for the current five (5) year period covering the years between 2019 and 2023; and
D. The City must submit an expenditure plan to the State Department of Housing and Community Development by October 31, 2022 or risk losing allocated funds; and E. the City of St. Helena currently contracts with the City of Napa to provide housingrelated services through a collaborative and cost-effective partnership; and F. The draft PLHA Plan in partnership with the City of Napa would establish that the City of St. Helena intends to spend its allocated PLHA funds as follows:

1. Ninety-Five percent (95%) of the initial funds will be allocated to support income eligible owner-occupied and rental unit rehabilitation loan program to preserve affordable housing. This funding would expand upon an existing program that the City currently has in place.

2. Five percent (5%) for Administrative Costs.

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

1. Authorize the City of Napa to submit the Permanent Local Housing Agenda Item #7.8.

Allocation (PHLA) Program for the City of St. Helena to the State Department of Housing and Community Development (State) and delegate the City of Napa to submit an application on its behalf and administer the PLHA Grant Award; and

2. Authorize the City Manager to sign a binding delegation agreement with the City of Napa for the period encompassing five (5) years of formula allocations (2019-2023), made available in NOFAs issued by the State beginning in February 2020 and extending through 2024, including all years stipulated in the State standard agreement.

Approved at a Regular Meeting of the St. Helena City Council on October 25, 2022 by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall:

Councilmember Hardy:

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

DELEGATION AGREEMENT
Between the City of St. Helena and the City of Napa
City of St. Helena Contract Number ____
City of Napa Contract Number ____
THIS AGREEMENT is made and entered into this ___ day of November 2022 (“Effective Date”), by and between the City of Napa, a California charter city, hereinafter called "Napa"; and the City of St. Helena, a California municipal corporation (hereinafter called “St. Helena”) jointly referred to as "Parties". Any capitalized terms used by not defined herein shall have the meaning ascribed to such terms in the PLHA Program Guidelines (defined below).

RECITALS
A. The State of California Department of Housing and Community Development ("State") is authorized to provide up to $335 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)) B. The State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019.

C. The State issued a Notice of Funding Availability ("NOFA") dated August 17, 2022, under the PLHA Program.

D. Napa has previously submitted an application for and administered PLHA Program Funds, and St. Helena is eligible to submit an application for and administer PLHA Program Funds.

E. Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to submit an application and administer on its behalf its formula allocation of PLHA Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements.

F. St. Helena desires to delegate Napa to administer the receipt of PLHA Program funds on behalf of St. Helena and act as the Applicant to the State for the funding.

G. St. Helena intends to use its PLHA Program funding for the development of owner and rental occupied rehabilitation to preserve affordable housing.

NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

Agenda Item #7.8.

SECTION I. GENERAL
A. Responsible Officers. St. Helena hereby authorizes Napa to submit an application to the State for PHLA Program funds, to act as the Applicant on St. Helena’s behalf, including administration and Activity delivery for the PHLA Program Funds allocated to St. Helena in accordance with the PLHA Program Guidelines and this Agreement. St. Helena hereby authorizes the City Manager of St. Helena to act as the responsible officer for St. Helena under the Program and this Agreement. Napa hereby authorizes the City Manager or Deputy City Manager to act as the responsible officer for Napa under the Program and this Agreement.

B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible programs or projects as defined in Section 301 of PLHA Program Guidelines, including but not limited to the development of affordable rental housing in the City of St.

Helena.

C. Threshold Requirements for Participation. Parties understand and agree to comply with State's threshold requirements for participation in the PHLA Program as follows:
a. Housing Element compliance: Napa as Applicant and the St. Helena as delegated City must have a Housing Element that has been adopted by the local government's governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585. b. Housing Element Annual Progress Report (APR) compliance: Napa as Applicant and St. Helena as the delegated City must submit to the State the APR required by Government Code Section 65400 for the current or prior year.

D. Term of Agreement. The term of this Agreement shall commence on the Effective Date and remain in effect for the term of the Standard Agreement executed by Napa on behalf of St. Helena for the PHLA Program formula allocations (2019-2023), made available in NOFAs issued by the State beginning in February 2020 and extending through 2024, including any extensions of such Standard Agreement.

E. Scope of Agreement. This Agreement covers the PLHA Program funding administered by the State that is awarded and accepted by St. Helena during the term of this Agreement.

SECTION II. PREPARATION AND SUBMITTAL OF PLHA FUNDING APPLICATION AND PLAN
A. PLHA Application and Plan. Upon St. Helena’s submittal to Napa of the information required to prepare a PHLA Program application, Napa shall prepare an application on behalf of the City requesting the PHLA funds, in accordance with Section 302(c) of the PLHA Program Guidelines and St. Helena’s PLHA Plan attached hereto and incorporated herein as Exhibit A (“PLHA Plan”), which details how the allocated PHLA funds will be used for eligible activities, how investments will be prioritized to increase the supply of housing for households with incomes at or below 60% of Area Median Income, and how the Plan is consistent with the programs set forth in St. Helena’s Housing Element. St. Helena will provide evidence to Napa that the Plan was authorized by resolution by the City Council and that the public had an adequate opportunity to review and comment on its content.

Agenda Item #7.8.

SECTION Ill. PROGRAM ADMINISTRATION
A. Responsibilities of Parties. The Parties agree, in the delegation of Napa as the administering local government for the PLHA Program on behalf of St. Helena, that Napa shall be responsible for execution of the Standard Agreements with State and the administration of the PLHA Program in the City of St. Helena in accordance with the terms of this Agreement. Napa agrees to perform necessary administrative tasks such as, but not limited to, preparation of documents for environmental clearance under CEQA or NEPA, implementation of loan underwriting policies and terms, execution and management of any loans made using PLHA funds, monitoring of programs and projects as needed to fulfill PLHA requirements, and submittal of annual reports to State on PLHAfunded activities. St. Helena agrees to fully cooperate with Napa in all things required and appropriate to comply with Napa’s obligations under this Agreement and the provisions of the Standard Agreement with State. During the first year of the five-year Plan term, the Parties agree to meet on a quarterly basis to discuss the plans for the use of PLHA funds and progress being made. Beginning in the second year of the five- year Plan term, through the end of the fifth year, Parties will agree in writing to a meeting schedule which will provide adequate opportunity for communication and decision-making.

Notwithstanding anything to the contrary set forth herein, any decisions regarding the appropriate level of environmental review required under CEQA or NEPA, loan underwriting policies and terms, applicant eligibility, scope of work, amount of loans, change orders, and other similar decisions shall be made by St. Helena based upon a recommendation by Napa.

B. Separate Accounting of Funding. Napa agrees to set-up a process whereby St. Helena’s PLHA funds are accounted for and reported separately from other PLHA funds to ensure that funds are spent within St. Helena’s jurisdiction.

C. Program Administration Funding. In consideration of Napa’s agreement to be the administering local government for St. Helena’s PLHA allocation and its assumption of the responsibilities required hereunder, the Parties agree that the allowable Program Administration for the funding, which is equal to a maximum of 5% of each year's allocation for each local government jurisdiction, shall be retained exclusively by Napa for these administrative purposes.

D. Activity Delivery Funding. In addition to Program administration funding under subsection C, St. Helena shall pay Napa for Napa’s time and expenses to provide direct activity delivery for St. Helena’s PLHA activities. The rate for Napa’s time shall be the then-current fully burdened overhead rate (the “Fully Burdened Overhead Rate”) for the employee performing the Services, which is the hourly billable rate that captures all Napa costs associated with an employee, over and above gross compensation or payroll costs, including payroll taxes, worker's compensation, health insurance, paid time off, pension contributions, and other benefits.

Napa will submit a quarterly itemized report to St. Helena for the Services provided during the preceding quarter. The invoice will identify the Services performed, the hours spent performing the Services, the applicable Fully Burdened Overhead Rate(s), and any authorized expenses. Napa will send the invoice to the State for payment on behalf of St.

Helena.

E. Maintenance of Records. Napa shall maintain records of activities for any projects undertaken pursuant to the PLHA Program, and said records shall be available for inspection by staff and/or auditors representing St. Helena on reasonable notice during normal business hours.

Agenda Item #7.8.

SECTION IV. USE OF ST. HELENA’S PLHA FUNDS
A. Owner and Rental Occupied Rehab. Ninety five percent (95%) of St. Helena’s PLHA funds shall be used to provide loans and emergency grants for owner or rental occupied rehabilitation to preserve affordable housing. The unit must be occupied by a household at or below 80% of the Area Median Income.

B. Project Assistance Criteria.
a. Targeting to the Lowest Income Households: PLHA funds can be used for households at a variety of income levels but are especially intended to be used to meet the housing needs of households at or below 60% of Area Median Income.

The expenditure of funds targeted for affordability for these households will be prioritized for funding.

C. Funding Assistance in the Form of Loans. The Parties agree that any funding provided under the PLHA program that is not a grant shall be provided to the property owner as a forgivable or no to low interest loan. The loan shall be evidenced by a Promissory Note and secured by a Deed of Trust in favor of St. Helena and recorded against the property. A Regulatory Agreement by and between St. Helena and the property owner shall be recorded against the property and restrict occupancy and rents for the terms identified in the City Manager approved ADU Program Guidelines and OOR Program Guidelines.

D. Use of Program Income. The Parties agree that program income generated as a result of St. Helena’s receipt of PLHA funds will be retained by Napa and utilized to fund future PLHA-eligible activities in the City of St. Helena. Program income will include payments from residual receipts, and accrued interest. Any monitoring fees will go to the City of Napa.

SECTION V. ADDITIONAL AGREEMENTS
A. Privileges and Immunities. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performance of this Agreement.

B. Indemnification. To the full extent permitted by law, Napa will indemnify, hold harmless, release, and defend the St. Helena (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Napa’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement. Consistent with Civil Code Section 2782, Napa will not be obligated to indemnify St. Helena for the proportionate share of the Liability caused by the St. Helena’s active negligence, sole negligence, or willful Agenda Item #7.8.

misconduct. To the full extent permitted by law, St. Helena will indemnify, hold harmless, release, and defend the Napa (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all Liability of any nature, arising out of, pertaining to, or relating to St. Helena’s negligence, recklessness, or willful misconduct in the performance of its obligations under this Agreement and the Standard Agreement. Consistent with Civil Code Section 2782, St. Helena will not be obligated to indemnify Napa for the proportionate share of the Liability caused by the Napa’s active negligence, sole negligence, or willful misconduct.

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

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

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

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

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

H. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.

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

Agenda Item #7.8.

J. Signatures; Electronic Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Napa and St.

Helena. The parties agree that this Agreement may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.

NOW THEREFORE, the Parties hereto have caused this Agreement to be executed and attested by their proper officer thereunder duly authorized and their official seals to be hereunto affixed, all as of the day first above written.

CITY: CITY:

CITY OF NAPA, a California charter city CITY OF ST. HELENA, By: By:

Steve Potter, City Manager Anil Comelo, City Manager
Date:
(“Effective Date”)
COUNTERSIGNED:

Joy Riesenberg, City Auditor
APPROVED AS TO FORM:

Michael W. Barrett, City Attorney
Exhibit A
City of St. Helena Permanent Local Housing Allocation Plan Agenda Item #7.8.

§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

St. Helena has two goals that are relevant to this proposal. The first is "Diversity of Housing to Meet Local Needs" which is further defined as facilitating the development of a variesty of housing types to meet the full range of housing needs, with an emphasis on housing for the local workforce. The second goal is "Assistance to Support Affordable Housing" by providing technical and financial resources to support development of affordable housing the community. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of St. Helena has selected the City of Napa as it's delegated entity. The City of Napa will ensure that St. Helena's share of funds will be used to fund both owner occupied and renter occupied rehabilitation. The program will be an expansion of an existing program in St. Helena and will increase the number of affordable units preserved for low income households. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The rental rehabilitation program requires units to be rented to ot lived in (if owned) by households at or below 80% of Area Median Income. It is anticipated that some of these households will be at or below 60% of median income.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

Rental:

Rehabilitati
on
Rental:

Rehabilitati
on
Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations.If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Type of Affordable Housing
Activity
Ownership:

Rehabilitatio
n
Ownership:

Rehabilitati
on
Ownership:

Rehabilitati
on
Ownership:

Rehabilitati
on
Ownership:

Rehabilitati
on
Rental:

Rehabilitati
on
Rental:

Rehabilitati
on
Rental:

Rehabilitati
on
80% 80% 80%
N/A N/A 2
§302(c)(4)(E)(ii) Area Median
Income Level Served 80% 80% 80% 80% 80% TOTAL
See 2021 1 See 2021 See 2021 1
§302(c)(4)(E)(ii) Unmet share
of the RHNA at AMI Level
Note: complete for years
2019, 2020, 2021 only
See 2021
50% 50% 50% 50% 50%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
45% 45% 45% 45% 45%

N/A N/A
80% 80%
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 95%
95% of funds will be used for owner or rental rehab. The projects eligible for these funds must be related to rehabilitation, such as improving the structural integrity of a dwelling unit in order to meet building codes, correcting health and safety issues, and correcting code violations. To qualify for the project, the applicant must be an income eligible homeowner. The owner’s total household income must be at or below 80% of the area median income. Alternatively, a rental unit could be deed restricted for the similar amount. PLHA funds will be utilized to expand the program and assist additional homeowners with zero interest loans up to $60,000.

Funding Allocation Year 2019 2020 2021 2022 2023 2019 2020 2021 2022 2023 PLHA Page 1 302(c)(4) Plan
Agenda Item #7.8.

§302(c)(4)(E)(ii) Projected
Number of Households Served 1 2222 233 33 23
This program is already in existence in St. Helena. The Program will be expanded as a result of PLHA Funds. 20 20 20 20 20
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)

N/A N/A N/A N/A N/A
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project.

PLHA Page 2 302(c)(4) Plan
Agenda Item #7.8.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: CONSENT ITEMS
Subject: Approval of a Resolution Authorizing the City Manager to execute Amendment No. 5 to Noll and Tam Architects in the amount of $25,000 to STH Contract NO: FY 2021-071 for Phase I of the Napa Valley College Tenant Improvements at the City of St. Helena for a total contract amount not-to-exceed $261,483.

CEQA
Determination:

Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
On June 28, 2022, the City Council approved a construction contract with Murray Building Inc, (MBI) to be the General Contractor for the Napa Valley College Tenant Improvement Project. The City Council also approved a contract with MarinIT for upgraded cabling and relocation services for IT infrastructure. Noll and Tam Architects have served as the Architect of Record for this project, and have provided all the design work.

The buildings at the Napa Valley College site were previously used primarily for administrative staff and for academic classes. To expedite occupancy, the City's contractors, architect, and staff have chosen to limit any major changes particularly structural changes or exterior changes. Another reason to not make major exterior or structural changes is that all modifications to the space need to be approved by the State of California Division of State Architect since the property is owned by the Napa Community College. Therefore, the project consists of nonstructural Tenant Improvements (TIs) to create office space for Police and non-police functions. The space will be occupied by various city professionals including planners, police officers, dispatchers, accountants, engineers, and other professionals. Improvements include Agenda Item #7.9.

accessibility in accordance with Americans with Disability Act (ADA), security, and telecommunications upgrades that are necessary for City and Police Administration.

While the modifications to the building are fairly straightforward to address general city administrative office needs, the Police Department has special requirements and addressing those has complicated improvements and has extended the City's timeline and added substantial costs to the project. These items are: enhanced security including bulletproofing panels that must be installed, general security for the entire building, enhanced IT needs to meet legal requirements of Police Department servers.

DISCUSSION
The City’s employees are anxious to move out of the temporary spaces and into a more permanent facility that is functional. To that end, staff and contractors are working to ensure that the new design is in compliance with all applicable laws, provides the appropriate levels of security, has sufficient capacity for future growth, and appropriate to provide the community with various services. During the last couple of months, design changes have been necessitated to provide for a more efficient use of the space and to address various issues including security, information technology, internal communication, and service optimization. The following are some of the specific issues that have been addressed:
• Security Enhancements: Security enhancements were not bid out to the general contractor and have taken more time to evaluate. As a result, this has impacted the door hardware requirements. The City has been able to find a security firm and is moving forward with the necessary requirements to keep the building safe. • Information Technology (IT) impacts: Because the City is building out its own network for the Police Department and City Administration, a separate and new internet connection (Fiber) must be identified and established. This type of work involves a process with Comcast and the City has just received notification that the pathway identification is set to move forward. This is a critical step in the IT upgrade part of this project.
• Portable Locker/Shower Room for the Police Department: Changes had to be made to the placement of the portable building that required additional security materials. The portable building is now in production and will be delivered by the end of the year.
• New office space and a re-evaluation of overall space usage: To address adjacencies, it has been determined that all engineering, planning, building inspection, and their department heads be located in the same section of the structure. The goal being to promote internal communication on projects and be able to provide better service to the community. Similarly, other changes were made to provide for greater efficiency and functionality as it relates to use of conference rooms, access, and adjacencies.

Agenda Item #7.9.

Given these changes, updated architectural plans and construction plans are needed.

For this amendment, Noll and Tam's fees are a no-to-exceed amount of $25,500 on a time and material basis. This proposed fee from Noll and Tam includes design, construction administration (CA) and Division of State Architect closeout. Any changes to the project must be approved by the Division of State Architect (DSA).

The existing construction contract with Murray Building, the General Contractor, contains a 10% change order contingency by the approval of the Public Works Director. However, it is anticipated that the additional construction work will exceed the contingency. Staff will come back at a future City Council meeting with pricing for the construction work.

FISCAL IMPACT
The overall impact of the amendment is a total of $25,000 and can be absored in the NCV TI's project contingency funds.

RECOMMENDED ACTION
Approve attached resolution and amendment.

ATTACHMENTS
Noll and Tam Amendment #5 Scope
Amendment _5 Noll and Tam
Resolution - Noll and Tam Amendment _5
Agenda Item #7.9.

1 St Helena City Administration and Police Offices at Napa Valley College Noll & Tam Request for Amendment #5
Revisions to Bldg A - Room 5E, 6F and 7AA
October 20, 2022
Background
The Amendment #5 additional fee request is for the architectural, MEP, fire sprinkler, and fire alarm work as required for the proposed revisions to Room 5E, 6F and 7AA. Revisions to the areas are noted below. The scope of work includes documentation of changes as a CCD submission to DSA, DSA review, and associated CA services. The add service will be billed on a Time and Materials basis with a NTE amount of $21,500.
 Room 5E
o Revise former Library open area 5E into Public Works Director Office and small open office area for cubicles. New work includes new full height partition wall, wall infill, new door, adjustments to electrical and data, additional fire sprinkler, fire alarm modification, and extension of mechanical from existing VAV. The existing skylight to remain.
o Assumption: Thermostat will remain in the existing open space. PW office will not receive separate temperature control.
 Room 6F
o Revise former Staff kitchen/Lactation Room into an Office. New work includes new carpet, removal of existing casework and sink, new door with lite, relocation of existing power receptacles and addition of data, provision for supply air, and removal of existing mechanical and plumbing items. Modifications to lighting and fire alarm will be as required for any new ceiling replacement work.
 Room 7AA
o Remove room 7AA and return to open Office space. Work includes adjustments to drawing set to reflect previous conditions and address any installed conditions that need to be removed.
 Contingency
o For any additional site visits by our consultants and unforeseen CA activities.

Agenda Item #7.9.

2 The breakdown of the compensation is as follows:

Additional Service Consultant
Architectural Services Noll & Tam $7,785
Mechanical Engineering Eddie Padilla Engineering $7,260 Electrical Engineering Atium Engineering $4,455
Contingency
Subtotal Additional Services – Total
Amendment #5 Fee Request
$2,000
$21,500
Agenda Item #7.9.

Third Amendment to Professional Services Agreement STH Contract: FY 2021-071 Consultant: Noll & Tam Architects
AMENDMENT #5

TO PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM ARCHITECTS IN THE AMOUNT OF $25,000 TO STH CONTRACT NO: FY 2021-071 FOR PHASE I OF THE NAPA VALLEY COLLEGE TENANT IMPROVEMENTS AT THE CITY OF ST. HELENA FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $261,483
This Fifth Amendment to Professional Services Agreement STH Contract: FY 2021-071 dated April 10, 2021 ("Agreement") is made as of this 25 day of October 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Noll & Tam Architects ("Consultant").

RECITALS
A. On April 13, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described tenant improvements at the Napa Valley College Upper Campus for Phase I; and B. On May 25, 2021, the City Council approved resolution authorizing the City Manager or designees to execute a lease regarding a portion of the Napa Valley Community College District Upper Valley Campus; and
C. Based on the required identified tenant improvements, the City and Consultant desired to amend the Agreement with the Consultant to provide additional fees for permitting the Division of State Architect; and
D. Permitting for the Division of the State Architect requires full engineering consultant drawings and construction administraton protocols that were not included in the original scope of work with Noll and Tam Architects; and
E. Amendment No. 1 was for an additional $117,622 for a total not-to-exceed amount of $158,997; and
F. Additional scope of work has been idenfied that require mechanical and electrical engineering necessary for Division of State Architect Review; and G. Amendment No. 2 was for an additional $8,580 for a total not-to-exceed amount of $167,577 and;
H. Additional work required during the permit review process with DSA has been identified, and;
I. Amendment 3 is for an additional $23,983 for a total not-to-exceed amount of $191,560 and;
J. Additional work is required for Construction Administration, including communication with DSA and;
K. Amendment 4 is for an additional $44,923 for a total not-to-exceed amount of $236,483 Agenda Item #7.9.

Third Amendment to Professional Services Agreement STH Contract: FY 2021-071 Consultant: Noll & Tam Architects
L. Additonal work has been identified to build a new office and revise a staff kitchen into an office which will require additional design and engineering work, and; M. Amendment 5 is for an additional $25,000, for a total not-to-exceed amount of $261,483

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

1. Section 4.A. Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $261,483…”.

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

Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By: _____________________________

Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney
ATTEST:
____________________________
City Clerk
Agenda Item #7.9.

CITY OF ST. HELENA
RESOLUTION NO. 2022-_____
AUTHORIZING: (1) THE CITY MANAGER TO EXECUTE AMENDMENT No. 5 TO

PROFESSIONAL SERVICES AGREEMENT WITH NOLL & TAM ARCHITECTS IN THE AMOUNT OF $25,000 TO STH CONTRACT NO: FY 2021-071 FOR PHASE I OF THE NAPA VALLEY COLLEGE TENANT IMPROVEMENTS AT THE CITY OF ST. HELENA FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $261,483

RECITALS
A. On April 13, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described tenant improvements at the Napa Valley College Upper Campus for Phase I; and B. On May 25, 2021, the City Council approved resolution authorizing the City Manager or designees to execute a lease regarding a portion of the Napa Valley Community College District Upper Valley Campus; and
C. Based on the required identified tenant improvements, the City and Consultant desired to amend the Agreement with the Consultant to provide additional fees for permitting the Division of State Architect; and
D. Permitting for the Division of the State Architect requires full engineering consultant drawings and construction administraton protocols that were not included in the original scope of work with Noll and Tam Architects; and;
E. Amendment No. 1 was for an additional $117,622 for a total not-to-exceed amount of $158,997; and;
F. Additional scope of work has been idenfied that require mechanical and electrical engineering necessary for Division of State Architect Review; and G. Amendment No. 2 was for an additional $8,580 for a total not-to-exceed amount of $167,577 and;
H. Additional work required during the permit review process with DSA has been identified.

I. Amendment 3 is for an additional $23,983 for a total not-to-exceed amount of $191,560, and;
J. Additional work is required for Construction Administration, including communication with DSA and;
K. Amendment 4 is for an additional $44,923 for a total not-to-exceed amount of $236,483; and;
Agenda Item #7.9.

L. Additonal work has been identified to build a new office and revise a staff kitchen into an office which will require additional design and engineering work, and; M. Amendment 5 is for an additional $25,000, for a total not-to-exceed amount of $261,483 and;
N. In accordance with SHMC Title 3, Article 4, Section 3.04.320 Award of professional service contracts based on competence, City staff has determined Noll & Tam continues to have the appropriate experience to ensure the Napa Valley College Tenant Improvement project is performed in compliance with City requirements and standards and the project plans and specifications.

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

1. Approves Amendment No. 5 to STH Contract: FY2021-71 with Toll and Tam Architects for an additional $25,000 for a total not-to-exceed amount of $261,483; and

2. Authorizing the City Manager to execute Amendment No. 5.

Approved at a Regular Meeting of the St. Helena City Council on October 25, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Anna Chouteau: __________
Councilmember Lester Hardy: __________
Councilmember Eric Hall: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.9.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: CONSENT ITEMS
Subject: Receive and File the Fiscal Year (FY) 2021-22 4th Quarter Finance Report (unaudited).

CEQA
Determination:

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

BACKGROUND
Municipal Code Title 2, §2.24.030 states the Director of Finance shall deliver to the City Manager and to the Council at a regularly scheduled Council meeting a budget report showing the budget status at the end of the preceding quarter. Staff has prepared the following for Council:

1. Fourth quarter (Q4) staff report for Fiscal Year (FY) 2021-22. This report is a summary of transactions from June 1, 2012 through June 30, 2022.

2. A summary of St. Helena CARES Low Income Subsidy and Water Leak adjustments for Q4 FY 2021-22.

3. FY 2021-22 Q4 list of checks over $50,000 (Attachment 1)

4. FY 2021-22 Q4 balance of all funds (Attachment 2)

DISCUSSION
Information presented below reflects transactions posted through June 30, 2022.

Additional details for the General Fund, Water Fund, and Wastewater Fund are provided as Attachments 3-8.

General Fund
Agenda Item #7.10.

General Fund revenue received to date for FY 2021-22 is $20,154,959 – 121% of the budgeted General Fund revenue has been collected. General Fund revenue is divided into the following categories:

1. Property Tax

2. Sales Tax

3. Transient Occupancy Tax (TOT)

4. Other Taxes

5. Charges for Service

6. Fines and Forfeits

7. Licenses and Permits

8. Development Fees

9. Intergovernmental

10.Interest and Rents, and

11.Miscellaneous.

The primary contributors to General Fund revenues are Property Tax, Sales Tax, and TOT, of which 115% of the adjusted budget have been collected. Attachment 3 provides details on each of the revenue categories. Revenues for Q4 include a non-budgeted revenue received for Emergency Relief of $1,152,059.

General Fund expenditures are $14,795,326 for Q4 which is 78% of the adjusted budget.

Spending for FY 2021-22 is on lower than the adjusted budget at June 30th due to project spending that will continue into FY 2022-23. Funds allocated to these projects will be encumbered and rolled into the following fiscal year budget. Attachment 4 provides a summary of expenditures by Department for FY 2021-22 Q4.

Water Enterprise Fund
Water Enterprise revenue billed to date is $7,994,216, or 120% of the adjusted total of estimated revenues for FY 2021-22 through June 30, 2022. Revenues are higher than anticipated due to penalties charged in July, August, September, October, and November as a result of the Phase II water emergency, which was not included in the estimated revenues. The penalty charges total $2,274,907; however, adjustments continue to be made for customers who qualify for a penalty waiver due to a water leak incurred. If the amount charged for penalties is removed, the total revenue is $6,169,309 or 93%.

Revenues are trending lower for FY 2021-22 than for FY 2020-21 which was $6,649,339 or 97% on June 30, 2021. The decline can be attributed to water conservation measures.

Attachment 5 provides details of Water Fund revenues. The negative amount recorded in 561-3870-0000 CARES subsidy is due to the subsidy amount yet to be transferred from the General Fund.

Water expenditures are $6,874,247 for Q4 FY 2021-22. Overall Water Fund spending is at 74% of the adjusted budget for the Fiscal Year. Low spending is due to the timing of invoices received that were processed after the close of the fiscal year. Attachment 6 provides a summary of spending by Department for FY 2021-22 Q4.

Wastewater Enterprise Fund
Agenda Item #7.10.

Wastewater Enterprise revenue billed to date is $3,334,238.48 or 99% of the estimated total revenues for FY 2021-22. Revenues are on target with budgeted projections. The previous FY 2020-21 Q4 revenues were at 102% for the same time period. Attachment 7 provides details for Wastewater Fund revenues. The negative amount recorded in 571- 3870-0000 CARES Subsidy is due to the subsidy amount yet to be transferred from the General Fund.

Wastewater expenses are $2,495,663 for Q4 FY 2021-22. Overall Wastewater Fund spending is at 61% for the Fiscal Year and is on target. Low spending is due to the timing of invoices received that were processed after the close of the fiscal year. Attachment 8 provides a summary of spending by Department for FY 2021-22 Q4.

Water and Wastewater Funds - Aging Report
Although this section is not part of the regular quarterly report, staff feels the aging report for the utility systems is important to review due to the impacts of the COVID-19 emergency and Phase II Water Emergency. Revenues for both the water and wastewater systems are recognized as soon as they are earned as opposed to when they are collected. Therefore, when the bi-monthly utility bill is processed the revenues are recorded in the financial software system. Staff has seen an increase in the number of past due accounts. It is believed to be due to the ongoing financial hardships created by COVID-19 and penalties assessed during the Phase II Water Emergency.

At the start of the pandemic, City Council approved Resolution 2020-24 which waived all penalties and interest on amounts due for utility service and ceased termination of water service for delinquent bills for the duration of the local emergency and for 30 days following the City Council's termination of the emergency. In addition, several customers have submitted appeals for penalties that were assessed to their account for overuse of water during Phase II, which are not eligible to be waived under the penalty leak appeal policy.

Staff received direction at the October 11, 2022 council meeting for collection of unpaid water penalties. Staff will proceed with offering payment plans to customers with unpaid penalties and facilitate the process for collections.

Table 1 provides a summary of the past due amounts compared to the same time the previous year.

Table
Period 30 - 60 Days 60 - 90 Days 90 - 120 Days Over 120 Days
06/30/2020 $ 159,468 $ 189 $ 53,754 $ 85,773
06/30/2021 $ 108,944 $ 344 $ 57,583 $ 236,751
06/30/2022 $ 310,541 $ 19,016 $ 136,974 $ 2,076,731
*Amount includes penalties assessed as part of the water emergency.

Agenda Item #7.10.

All Funds
Attachment 2 provides a summary of the balance of all funds.

St. Helena CARES Low Income Subsidy
The St. Helena CARES subsidy program currently has 113 participants. The subsidy for FY 2021-22 Q4 is $16,811.43. Funds for the St. Helena CARES Low Income Subsidy program are included in the adopted FY 2021-22 budget.

Leak Adjustment Subsidy
No leak adjustment subsidies were processed during Q4 FY 2021-22, however there were several leak appeals that were approved by the Water Advisory Board that will be included in the FY23 Q1 report. Funds for the Leak Adjustment Subsidy program are included in the adopted FY 2021-22 budget.

FY 2021-22 Q4 Checks over $50,000
Per staff recommendations on April 10, 2015, and as adopted by Fiscal Policy P-FI0016, Attachment 1 provides an account of all checks over $50,000.

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

RECOMMENDED ACTION
Staff recommends the City Council receive and file the Q4 FY 2021-22 financial report.

ATTACHMENTS
Attachment 1 - Checks by Date
Attachment 2 - Estimated Cash Balances at 06.30.21
Attachment 3 - General Fund Revenue Worksheet Historical by Type Q4 Attachment 4 - Q4 General Fund Expenses
Attachment 5 - Q4 Water Revenues
Attachment 6 - Q4 Water Expenditures
Attachment 7 - Q4 Wastewater Revenues
Attachment 8 - Q4 Wastewater Expenditures
Agenda Item #7.10.

ATTACHMENT 1
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ATTACHMENT 2
Agenda Item #7.10.

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GF Revenue Update Actual Actual Actual Actual Audited Adopted Adjusted Q4 % Collected Account Description 2017 2018 2019 FY 2020 FY 2021 FY 2022 FY 2022 FY 2022 Q1 2022 101‐30‐10‐00‐00 Property Tax‐Secured        3,295,653        3,616,167        3,940,490        4,109,646        4,491,375        4,424,468        4,398,942        4,506,855 101‐30‐11‐00‐00 ERAF Shift to State             94,115           200,292           342,386           309,857            465,733 ‐           443,774           496,468 101‐30‐20‐00‐00 Property Tax‐Unsecured           117,577           121,534           125,292           127,427              22,927           162,196           161,261           145,360 101‐30‐30‐00‐00 Prior Year Property Tax               3,736               1,160               1,035 964                4,323               1,588               1,588               9,361 101‐30‐90‐00‐00 Real Property Transfer Tax           111,591             82,829             83,805             67,964            171,689             88,000             88,000           154,175 101‐32‐05‐00‐00 In Lieu VLF             639,236           681,160           726,626           776,392            810,122           782,140           777,628           841,911 101‐32‐20‐00‐00 Homeowner Property Tax 15,533                          15,352             15,555             15,260              12,492             17,739             17,739             14,983 4,277,441        4,718,495        5,235,189        5,407,511        5,978,661        5,476,132        5,888,932        6,169,112 105% 101‐30‐40‐00‐00 Retail Sales/Use Tax        2,868,566        2,950,480        3,159,579        2,822,979         2,945,506        3,058,400        3,058,400        3,620,282 101‐30‐42‐00‐00 Public Safety Sales Tax             60,197             71,117             61,687             66,742              69,493             71,800             71,800             76,783 101‐30‐43‐00‐00 Sales Tax In Lieu ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
101‐30‐44‐00‐00 Measure D           296,936        1,726,923        1,743,519        1,650,599        1,723,186        1,799,000        1,799,000        2,232,251 3,225,699        4,748,520        4,964,784        4,540,321        4,738,185        4,929,200        4,929,200        5,929,316 120% 101‐30‐50‐00‐00 Transient Occupancy Tax        2,281,834        2,841,607        3,296,741        2,470,808        1,558,565        3,131,904        3,566,991        4,431,048 101‐30‐51‐00‐00 Transient Tax Penalty             54,403             21,973             64,084             11,154              15,689               9,036               9,036             10,463 2,336,237        2,863,580        3,360,825        2,481,962        1,574,254        3,140,940        3,576,027        4,441,511 124% 101‐30‐60‐00‐00 Franchise Tax 209,478                      215,346           209,872           215,623            210,659           212,930           212,930           278,659 209,478           215,346           209,872           215,623            210,659           212,930           212,930           278,659 131% 101‐30‐61‐00‐00 Comcast PEG Access Fees             17,809             23,133             22,698             22,528              21,994             22,500             22,500             23,195 101‐30‐75‐00‐00 Fire Inspection Fees               1,320 605               1,100 ‐                1,375 ‐ ‐ ‐ 101‐31‐23‐00‐00 Other Fire Fees ‐ 8               2,850 ‐                2,850 ‐ ‐               5,350 101‐33‐30‐00‐00 Sales Of Maps/Publications 193 163 210 59 108 150 150 11 101‐33‐50‐00‐00 Police Services             28,771             24,457             33,439             19,168                7,002             30,000             30,000             52,820 101‐33‐60‐00‐00 Administrative Fees               1,500               7,515 ‐ ‐ ‐ ‐ ‐ 75 101‐33‐70‐00‐00 Planning Fees             62,345             16,508            (53,936) ‐                6,000 ‐ ‐ ‐ 101‐33‐80‐00‐00 Engineering Fees               7,057               7,710               1,800 675 ‐ ‐ ‐ 75 101‐33‐90‐00‐00 Street/Sidewalk/Curb Repair ‐ ‐ ‐ ‐ ‐ ‐ ‐ 119,666             74,395               8,161             42,430              39,329             52,650             52,650             81,525 155% 101‐31‐40‐00‐00 Vehicle Code Fines             40,727             29,160             28,136             22,446              24,974             27,583             27,583             68,562 101‐31‐50‐00‐00 Other Police Fines             24,134             40,613             36,260             24,821                8,917             28,279             28,279             26,483 101‐31‐55‐00‐00 A/R Late Penalty               4,463               4,427               3,959 215 144 500 500 276 101‐33‐63‐00‐00 Civil Penalties             65,400           106,778           149,264             92,700 ‐             45,000             45,000 ‐ 101‐34‐20‐00‐00 Library Fines & Fees               7,585               6,032               4,087 86 ‐ ‐ ‐ ‐ 142,309           187,010           221,705           140,267              34,035           101,362           101,362             95,321 94% 101‐30‐70‐00‐00 Application & Permit Fees               3,975             10,915               5,475               4,250                3,375               5,500               5,500               1,375 101‐30‐80‐00‐00 Business License           149,779           152,551           156,715           155,021            149,069           154,896           154,896           112,711 101‐30‐81‐00‐00 Business License Penalty 219 756               1,555 798 619               1,332               1,332 129 101‐31‐20‐00‐00 Building Permits           549,240           492,301           482,404           552,044            587,287           450,281           450,281           504,179 101‐33‐15‐00‐00 Short Term Rental Permit             13,500             31,500             15,750             31,500              20,250             27,500             27,500             33,750 101‐33‐74‐00‐00 Planning App & Permit Fees           283,125           235,830           180,329             85,429            111,100             75,000             75,000             78,838 101‐33‐84‐00‐00 Public Works App & Permit Fees             39,725             38,500             39,300             41,175              54,300             37,132             37,132             58,350 101‐33‐86‐00‐00 Well Permit Fee               1,300               1,300               2,600               2,600 ‐               1,300               1,300               1,300 1,040,863           963,653           884,127           872,817            926,000           752,941           752,941           790,633 105% 101‐33‐81‐00‐00 Public Works Land & Dev Fees             20,800             20,325             25,600             19,360              20,800             20,325             20,325             13,600 20,800             20,325             25,600             19,360              20,800             20,325             20,325             13,600 67% 101‐32‐10‐00‐00 Motor Vehicle In‐Lieu               4,391              (3,176)               2,937 ‐ ‐               3,255               3,255 ‐ 101‐32‐40‐00‐00 Highway Maintenance ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
101‐32‐70‐00‐00 County Fire Contract             48,855             48,855             48,855             48,855              48,855             48,855             48,855             48,855 101‐32‐80‐00‐00 Emergency Relief           122,712           301,210           269,490           120,930             ‐ 952,591 ‐        1,152,059 101‐34‐61‐49‐00 Contrib from Gov ‐ Police ‐ ‐               9,221               8,484 ‐ ‐ ‐               8,660 101‐34‐71‐00‐00 Reimb State Mandated Costs ‐               7,965               4,538               1,647                5,489               2,040               2,040 ‐ 101‐34‐73‐00‐00 Other State Revenue 19 7 18               1,355 13 ‐ ‐ ‐ 101‐34‐75‐00‐00 Restitution               3,848               9,775           181,227 200 26 ‐ ‐ ‐ 101‐36‐80‐00‐00 Library Abatement               2,903               4,842               3,877               3,302                5,522               3,746               3,746               3,652 101‐38‐00‐80‐00 Restitution Revenue ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
101‐38‐70‐00‐00 Allocation from Other Agency ‐ ‐               1,948 ‐ ‐ ‐ ‐ ‐ 182,726           369,478           522,112           184,773        1,012,496             57,896             57,896        1,213,226 2096% Property Taxes
Sales Tax
Transient Occupancy Taxes
Other Taxes
Licenses and Permits
Fines and Forfeits
Charges for Service
Development Fees
Fines and Forfeits
Licenses and Permits
Development Fees
Intergovernmental
Intergovernmental
Property Taxes
Sales Tax
Transient Occupancy Taxes
Other Taxes
Charges for Service
ATTACHMENT 3
Agenda Item #7.10.

GF Revenue Update Actual Actual Actual Actual Audited Adopted Adjusted Q4 % Collected Account Description 2017 2018 2019 FY 2020 FY 2021 FY 2022 FY 2022 FY 2022 Q1 2022 101‐31‐70‐00‐00 Investment Earnings (40,336)                        (41,299)           262,296           215,290             (97,343)             70,000             70,000             13,351 101‐34‐76‐00‐00 Cash Overage/Shortage                       0                      (0)                     22                      ‐ 61                     ‐                    ‐                                        90 101‐31‐75‐00‐00 Interest Income 4,834                                   ‐ (93)                    ‐                     ‐                    ‐                                      133 101‐36‐10‐00‐00 Rental Income           180,809           214,450           153,805             89,101              79,904             73,868             73,868             97,272 101‐36‐12‐00‐00 Rec Programs Facility Rental 865                    ‐                    ‐                     ‐                    ‐                    ‐ 101‐36‐11‐00‐00 Tennis Court Rentals 5,827                              1,425               1,225                    ‐ 750                                   1,425               1,425                   225 146,300           179,410           418,120           305,202            (17,438)           145,293           145,293           111,071 76% 101‐33‐20‐00‐00 Legal Cost Recovery           158,922             10,683              ‐ 32,726                    ‐                                 10,000              ‐ 10,000 101‐33‐21‐00‐00 Storm Drain Cost Recovery                   ‐                    ‐ ‐                    ‐                    ‐                     ‐                    ‐                    ‐ 101‐33‐40‐00‐00 Other Filing/Certification Fee                   193                    ‐ 163                                       ‐ 200                                       165                    ‐ 165 101‐34‐22‐00‐00 Library Copies               3,431               3,277               2,946                ‐ 1,585                                   3,030               3,030               1,504 101‐34‐23‐00‐00 Library Lost Material                   503                   313                   617                    ‐ 500                                       500                   500                   382 101‐34‐24‐00‐00 Library Room Rental                   430                   110                   305                    ‐ 150                                       354                    ‐ 354 101‐34‐31‐00‐00 Donations 1,000                ‐                    ‐                                       ‐ 300                     ‐                    ‐                                  1,000 101‐34‐31‐48‐00 Donations ‐ Fire Department                    ‐ ‐                    ‐                    ‐                                    ‐ 4,000                    ‐                    ‐ 101‐34‐31‐49‐00 Donations ‐ Police Department                    ‐ ‐                    ‐                    ‐                                    ‐ 1,500                    ‐                    ‐ 101‐34‐51‐00‐00 Sale of Capital Assets                   ‐             18,137               1,155               3,795                    ‐ 633                    ‐                                  6,687 101‐34‐60‐00‐00 Contributions from non‐govt                   ‐              ‐ 87,500                    ‐                    ‐                     ‐                    ‐                    ‐ 101‐34‐61‐00‐00 Contributions from Government                    ‐ ‐                    ‐                    ‐                           1,058,502           575,000           729,864           729,864 101‐34‐61‐46‐00 Contributions from Gov ‐ Library                   ‐                ‐ 5,883                                  2,000                    ‐ 500                    ‐                                  1,000 101‐34‐70‐00‐00 Other Revenue             22,118             25,166           123,934             41,033              39,123             55,000             55,000             99,540 101‐34‐70‐22‐47 Other Revenue ‐ Jingle                   ‐                    ‐ ‐                                   ‐ 4,389                     ‐                    ‐                    ‐ 101‐34‐70‐47‐00 Other Revenue ‐ Recreation                   ‐                    ‐ ‐                    ‐                               123,996           120,000           120,000           186,522 101‐34‐70‐47‐01 Other Revenue                   ‐                    ‐ ‐                    ‐                    ‐                                 20,000              ‐ 20,000 101‐34‐74‐00‐00 Insurance Refund                   ‐                    ‐ ‐                                   ‐ 1,244                     ‐                    ‐ 101‐39‐98‐00‐00 Operating Transfers In 3,530                              3,574             15,319               5,367            834,123               1,972               1,972               4,486 190,126           174,805           182,495             60,562        2,062,376           786,021           940,885        1,030,985 110% TOTALS 11,891,645          14,515,018     16,032,990     14,270,828      16,579,356     15,675,690     16,678,441     20,154,959 121% Miscellaneous
Interest and Rents
Miscellaneous
Interest and Rents
Agenda Item #7.10.

General Ledger
Quarterly Budget Report
GF Expenses
User: Mandy
Printed: 10/21/2022 2:11:23 PM
Period 01 - 13
Fiscal Year 2022
Description Adopted Budget Encumbered Adjusted Budget YTD Spent Available Budget % of Budget Available
Non Departmental 2,492,831.00 554,195.56 4,300,965.30 2,250,948.93 1,495,820.81 34.78 Council 420,451.90 31,824.96 438,936.66 313,711.21 93,400.49 21.28 Administration 678,468.93 41,289.77 770,279.64 691,286.64 37,703.23 4.89 Finance 817,070.69 158,519.07 977,294.66 793,055.44 25,720.15 2.63 Attorney 386,000.00 0.00 386,000.00 325,380.93 60,619.07 15.70 PlanningBuilding 1,347,471.49 64,497.71 1,490,235.39 1,117,221.71 308,515.97 20.70 Library 1,001,421.89 35,680.15 1,019,271.15 838,656.58 144,934.42 14.22 Parks & Recreation 701,596.50 0.00 701,596.50 532,946.02 168,650.48 24.04 Fire 1,653,453.17 14,778.71 2,350,500.87 2,276,340.07 59,382.09 2.53 Police 3,295,102.45 0.00 3,345,398.30 3,374,431.48 -29,033.18 -0.87 Public Works 2,881,581.22 167,880.29 3,094,445.12 2,281,347.24 645,217.59 20.85 Grand Total 15,675,449.24 1,068,666.22 18,874,923.59 14,795,326.25 3,010,931.12 0.1595 GL - Quarterly Budget Report GF Expenses (10/21/2022 - 02:11 PM)

Agenda Item #7.10.

General Ledger
Quarterly Budget Report
Water Revenues
User: Mandy
Printed: 10/21/2022 1:09:42 PM
Period 01 - 13
Fiscal Year 2022
Account Number Description Adopted Budget Budget
Adjustments
Adjusted Budget YTD Received Uncollected
561 Water Enterprise
561-38-10-00-00 Water Revenue -1,500.00 0.00 -1,500.00 -2.33 -1,497.67 561-38-10-00-01 Residential-Inside CL -2,596,792.00 0.00 -2,596,792.00 -2,687,157.00 90,365.00 561-38-10-00-50 Residential-Outside
CL
-486,328.00 0.00 -486,328.00 -274,675.90 -211,652.10
561-38-10-01-00 Multi-Dwelling-Inside
CL
-705,595.00 0.00 -705,595.00 -621,623.54 -83,971.46
561-38-10-01-50 Multi
Dwelling-Outside CL
-19,945.00 0.00 -19,945.00 -4,279.65 -15,665.35
561-38-10-10-00 General
Commercial-Inside
CL
-2,070,001.00 0.00 -2,070,001.00 -1,948,432.12 -121,568.88 561-38-10-17-00 Landscape Meter -180,139.00 0.00 -180,139.00 -139,287.57 -40,851.43 561-38-10-99-10 Fire Service-Inside
CL
-15,362.00 0.00 -15,362.00 -46,075.18 30,713.18
561-38-10-99-20 Fire Service-Outside
CL
-7,864.00 0.00 -7,864.00 -10,927.22 3,063.22
561-38-10-99-50 Finance Charges -25,000.00 0.00 -25,000.00 0.00 -25,000.00 10 SB2 Planning Grant -6,108,526.00 0.00 -6,108,526.00 -5,732,460.51 -376,065.49 561-38-40-00-00 Property Rentals -8,400.00 0.00 -8,400.00 0.00 -8,400.00 40 Property Rentals -8,400.00 0.00 -8,400.00 0.00 -8,400.00 561-34-51-00-00 Sale Of Capital Asset 0.00 0.00 0.00 -1,176.00 1,176.00 51 Sale Of Capital Asset 0.00 0.00 0.00 -1,176.00 1,176.00 561-38-60-00-00 Water Meter Install
Fee
-5,500.00 0.00 -5,500.00 -12,956.07 7,456.07
60 Water Meter Install
Fee
-5,500.00 0.00 -5,500.00 -12,956.07 7,456.07
561-31-70-00-00 Investment Earnings -50,000.00 0.00 -50,000.00 -12,623.61 -37,376.39 561-34-70-00-00 Other Revenue -8,500.00 0.00 -8,500.00 -12,671.17 4,171.17 561-38-70-00-00 CARE Subsidy -22,700.00 0.00 -22,700.00 29,090.54 -51,790.54 70 CARE Subsidy -81,200.00 0.00 -81,200.00 3,795.76 -84,995.76 561-34-71-00-00 Water Emergency
Penalties

0.00 450,000.00 -450,000.00 -2,274,906.80 1,824,906.80
71 Water Emergency
Penalties

0.00 450,000.00 -450,000.00 -2,274,906.80 1,824,906.80
561-33-80-00-00 Engineering Fees -1,000.00 0.00 -1,000.00 0.00 -1,000.00 GL - Quarterly Budget Report Water Revenues (10/21/2022 - 01:09 PM)

Agenda Item #7.10.

Account Number Description Adopted Budget Budget
Adjustments
Adjusted Budget YTD Received Uncollected
80 Engineering Fees -1,000.00 0.00 -1,000.00 0.00 -1,000.00 561-33-83-00-00 Raw Water Permit
Fees
-1,000.00 0.00 -1,000.00 -350.00 -650.00
83 Raw Water Permit
Fees
-1,000.00 0.00 -1,000.00 -350.00 -650.00
561-33-85-00-00 Water Conservation
Fines

0.00 0.00 0.00 23,837.50 -23,837.50
85 Water Conservation
Fines

0.00 0.00 0.00 23,837.50 -23,837.50
561-33-87-00-00 Backflow Testing &
Insp Fees
-150.00 0.00 -150.00 0.00 -150.00
87 Backflow Testing &
Insp Fees
-150.00 0.00 -150.00 0.00 -150.00
Grand Total -6,205,776.00

0.00 -6,655,776.00

-7,994,216.12

1,338,440.12

GL - Quarterly Budget Report Water Revenues (10/21/2022 - 01:09 PM)

Agenda Item #7.10.

Agenda Item #7.10.

General Ledger
Quarterly Budget Report
WW Revenues
User: Mandy
Printed: 10/21/2022 1:02:50 PM
Period 01 - 13
Fiscal Year 2022
Account Number Description Adopted Budget Adjusted Budget YTD Received Uncollected 571-31-70-00-00 Investment Earnings -20,000.00 -20,000.00 -7,598.41 -12,401.59 31 SEWER ENTER.

INVESTMENT EARNIN
-20,000.00 -20,000.00 -7,598.41 -12,401.59
571-34-51-00-00 Sale of Capital Assets 0.00 0.00 -6,050.26 6,050.26 571-34-70-00-00 Other Revenue -9,600.00 -9,600.00 -10,355.43 755.43 571-34-80-00-00 Annexation Fees -2,600.00 -2,600.00 -4,788.00 2,188.00 34 SEWER ENTER.

OTHER REVENUE
-12,200.00 -12,200.00 -21,193.69 8,993.69
571-35-00-00-00 Residential -1,472,369.00 -1,472,369.00 -1,526,321.25 53,952.25 571-35-00-01-00 Multiple Dwelling -216,912.00 -216,912.00 -259,811.54 42,899.54 571-35-00-03-00 Laundromat -14,531.00 -14,531.00 -17,698.61 3,167.61 571-35-00-10-00 General Commercial -1,251,227.00 -1,251,227.00 -1,195,501.34 -55,725.66 571-35-00-11-00 Restaurants -130,036.00 -130,036.00 -103,000.49 -27,035.51 571-35-00-12-00 Service Station -3,213.00 -3,213.00 -2,922.43 -290.57 571-35-00-14-00 Motels-No Food Service -135,765.00 -135,765.00 -146,906.30 11,141.30 571-35-00-15-00 Supermarkets -17,935.00 -17,935.00 -13,272.51 -4,662.49 571-35-00-18-00 Mixed Retial-Plus Food
Service
-19,463.00 -19,463.00 -17,411.58 -2,051.42
571-35-00-20-00 Industrial -20,523.00 -20,523.00 -21,586.65 1,063.65 571-35-00-30-00 Libraries & Schools -37,773.00 -37,773.00 -19,192.13 -18,580.87 571-35-00-60-60 Car Wash -2,123.00 -2,123.00 -1,907.56 -215.44 35 SEWER ENTER.

SEWER-RESIDENTIAL
-3,321,870.00 -3,321,870.00 -3,325,532.39 3,662.39
571-38-10-99-50 Finance Charges -18,500.00 -18,500.00 0.00 -18,500.00 571-38-65-00-00 Sewer Connection Fee -1,300.00 -1,300.00 0.00 -1,300.00 571-38-70-00-00 CARE Subsidy -2,500.00 -2,500.00 20,086.01 -22,586.01 38 Dept -22,300.00 -22,300.00 20,086.01 -42,386.01
571 Sewer Enterprise -3,376,370.00 -3,376,370.00 -3,334,238.48 -42,131.52 Grand Total -3,376,370.00

-3,376,370.00

-3,334,238.48

-42,131.52

GL - Quarterly Budget Report WW Revenues (10/21/2022 -
01:02 PM)

Agenda Item #7.10.

General Ledger
Quarterly Budget Report
Wastewater Expenditures
User: Mandy
Printed: 10/21/2022 1:56:15 PM
Period 01 - 13
Fiscal Year 2022
Description Adopted Budget Encumbered Adjusted YTD Spent Available Budget % of Budget Available
Non Departmental 516,994.00 43,000.00 546,994.00 262,774.87 241,219.13 44.10 Council 21,197.56 0.00 21,197.56 14,810.77 6,386.79 30.13 Administration 123,408.60 3,913.89 128,454.58 134,842.36 -10,301.67 -8.02 Finance 379,951.99 33,525.63 511,616.03 332,537.73 145,552.67 28.45 Attorney 26,500.00 0.00 26,500.00 11,349.17 15,150.83 57.17 Public Works 2,308,317.99 110,920.41 2,846,373.90 1,739,348.02 996,105.47 35.00 Grand Total 3,376,370.14 191,359.93 4,081,136.07 2,495,662.92 1,394,113.22 0.3416 GL - Quarterly Budget Report Wastewater Expenditures
(10/21/2022 - 01:56 PM)

Agenda Item #7.10.

Report to the City Council
Regular City Council - 25 Oct 2022
Agenda Section: PUBLIC HEARINGS
Subject: Triannual California Building Standards Code Adoption Modifying Chapter 15 of the St Helena Municipal Code and Revision of Gate code for Residential Properties:

1. Consideration and proposed approval of a resolution
to amend the residential gate code; and

2. Conduct first reading and proposed approval by title only waiving further reading of the Ordinance titled
“Amendments to St. Helena Municipal Code Title 15
Buildings and Construction, Adopt and Amend in full
the 2022 California Building Standards Code, Title 24.

CEQA
Determination:

Exempt
Prepared By: Philip Henry, Chief Building Official
Reviewed By: Maya DeRosa, Community Development Director Approved By: Maya DeRosa, Community Development Director

BACKGROUND
The City of St. Helena has a commitment to sustainability. The Countywide Climate Action committee’s recent Greenhouse Gas (GHG) inventory update illustrates the need for action to be taken to have an appreciable impact on climate change. In the discussion below, specific code changes are summarized which will help reduce the carbon footprint of St. Helena and implement many of the Climate Action implementation actions of our General Plan. With this update to the City's Building Codes, the City continues to take actions, consistent with state policy, to address the need to make structures more energy efficient and reduce GHGs.

The State of California routinely updates building standards with the goal of making the habitable structures more energy efficient and to address climate change. The changes being proposed by the attached amendments are intended to continue that practice and Agenda Item #8.1.

will result in habitable structures being more energy efficient with the goal of reducing greenhouse gas (GHG) emissions.

The State has updated and adopted the California Building Standards Code, which will become effective on January 1, 2023. The proposed ordinance and resolution would adopt the California Building Standards Code as required by State law, as well as make local amendments to the Building Standards Code justified by local conditions in the City of St. Helena. Pursuant to State law, none of the local amendments may be less restrictive than the States Building Standards Codes.

The California Energy Commission (CEC) is the state’s primary energy policy and planning agency with a mission to lead the state to a 100 percent clean energy future.

The CEC develops policy to reduce energy usage and costs, limit the environmental impacts of energy generation and use, and ensure a safe, resilient, and reliable supply of energy. There is a direct correlation between the CEC and the Building Code. Homes and businesses use nearly 70 percent of California’s electricity and are responsible for a quarter of California’s greenhouse gas (GHG) emissions. As California’s energy policy agency, the CEC was mandated by the Warren Alquist Act to periodically update and adopt building standards to increase energy efficiency of buildings and reduce GHGs.

Part 6 of Title 24 implemented this mandate so that every three years the CEC presents Building Energy Efficiency Standards (Energy Code) updates for new construction and renovations to existing buildings. After the CEC adopts these standards, they are submitted to the California Building Standards Commission for approval and inclusion with other changes to the building code. The Energy Code is designed to be cost-effective so that implementation is affordable while helping California manage energy demand and advance the state’s climate and clean air goals.

New and more efficient technologies are being developed all the time, with many supported by funding from state programs that bring these energy innovations to markets and consumers. The 2022 Energy Code builds on California’s technology innovations, encouraging inclusion of market-ready electric products in new construction, such as heat pumps for climate control and water heating. The update also requires all new homes be electric-ready. That means buildings with gas stoves have the electrical panels and wiring to support a switch to electric stoves. Further advancements and cost reductions will continue to expand electric options for heating, cooking, laundering, and EV charging to meet all Californians’ needs. These are crucial steps in the state’s progress toward 100 percent clean electricity and carbon neutrality by midcentury, or earlier.

DISCUSSION
The California Building Standards Commission (CBSC) is responsible for developing and adopting State Building, Fire and other related codes. Over the last three (3) years, the CBSC has gone through a planning process and adopted the 2023 California Building Standards Code, California Code of Regulations, Title 24, 12 Parts (Standards Code).

The Standards, which include some changes to the code currently in effect, becomes effective on January 1, 2023.

Agenda Item #8.1.

Every three (3) years the California Building Standards Commission reviews the available model codes. On July 1, 2022 the State of California adopted the 2023 California Building Standards Code, which becomes effective on January 1, 2023. The State has given local jurisdictions until the end of the year to adopt the new code and any local amendments.

SUMMARY OF KEY-CODE CHANGES
Municipal Code Title 15, Buildings and Construction, contains either by reference or amendment the rules and regulations which comprise the “City of St. Helena Building Code”. The last update of this Title was in November of 2019 when the 2019 California Building Standards Code was adopted.

The attached “Exhibit A, Title 15, Buildings and Construction” includes the chapters of the Municipal Code that are proposed for amendment and adoption. The California Codes are adopted by reference and are available in the Community Development Department, Building Division for review. The following is a summary of the key code changes (both State and local amendments) beginning in January 2023:
2022 California Building Code:
•Increase fee for work without permit from double to triple original permit fee •Additional requirement to comply with the Wildland Urban Interface (WUI) provisions for accessory structures despite exemption from permit
•Prohibit Inter-lock kits or any other means of connection of generator to premise wiring except by use of an approved transfer switch
•Add Wildland Urban Interface (WUI) construction requirements to Moderate and High Fire Hazard Severity Zones within the Local Responsibility Areas (LRA). Currently we only enforce WUI within the Very-High Fire Hazard Severity Zones 2022 California Fire Code:
•All weeds or grass shall be cut and maintained at no higher than 4” above ground by June 1st of each year; add ability of city to recover costs associated with abatement by means of lien upon property for owners who fail to remedy violations •Defensible space around structures increased from 100’ to 150’. •Tree limbs required to be removed to not less than 6’ above ground. 2022 California Energy Code:

The most significant change in the 2022 Building Energy Efficiency Standards (Energy Code) affecting single-family residential buildings is a prescriptive baseline for heat-pump water heating or space heating systems. There are also new requirements for additions and alterations of existing single-family dwellings. These and other significant changes include:
•Gas water heater installations will need to provide a space for future heat-pump water heater
•Indoor air quality ventilation systems with motorized outdoor air dampers •Update Kitchen vented range-hood ventilation rates based on floor area and fuel type Agenda Item #8.1.

•Adds installed heat recovery ventilation (HRV) and Energy Ventilation Recovery (ERV); systems must have HERS verified maximum fan efficacy
•Adds Energy Storage System (ESS) ready requirements
•Adds electric ready requirements for space heating, cooktops and clothes dryers when gas equipment is installed
•Updates energy design rating (EDR) metric. Compliance requires separately meeting EDR1, efficiency EDR2, and total EDR2.
•Adds water heating equipment must be a HPWH meeting certain criteria or a solar waterheating system with electric back-up. •Adds exception that no PV system is required when size is lees than 1.8 kWdc per the available SARA; (this was lowered from 2.0 kWdc in the 2019 Code). •Duct leakage testing required for extending any length of existing duct. •Updates roof and ceiling insulation in a vented attic for additions less than 700 SF; overall assembly U-factor of0.025 (R-38 in wood frame).
•Updates duct leakage testing when more than 25’ of ducts are replaced or installed. •Expands HPWH requirements to all climate zones
•Expands roof replacement efficiencies to additional climate zones. •Adds roof deck insulation for low-sloped roofs.
•Adds ceiling insulation for vented attics when replacing a gas furnace. •Adds requirement for alterations that increase exterior door area to meet U-factor.

With the new 2022 Energy Code, electric is in and gas installations are discouraged.

While a gas appliance may be installed under the 2022 code, a penalty will be incurred that will need to be made up in another area within the building envelope. The goal is to build all electric homes with heat-pump technology, thereby reducing Greenhouse gas emissions (GHG). In addition, new homes are envisioned to have PV-solar with battery storage to allow for all energy used by these new homes to be generated and stored onsite without a need to draw from the power grid.

More information is available on the California energy Commission’s (CEC) website @ https://www.energy.ca.gov/data-reports/tracking-progress Potential Subsequent Amendment to the Plumbing Code
The City understands that additional GHG benefits could be realized by requiring the use of greywater for all new residential construction. Currently this is voluntary but staff requests the City Council consider directing staff to prepare a subsequent update to the Plumbing Code making this mandatory.

Specific Proposed Amendments to Building Electrical, Mechanical, Plumbing and Fire Codes:

The new code includes building, electrical, mechanical, plumbing codes, the fire code, the energy code, the historical building code, the green building code, and the residential code as follows:

I. Errata for the 2022 Title 24 Codes:

Agenda Item #8.1.

•Based on the 2021 International Building Code for the 2022 California Building Code, Part 2;
•Based on the 2021 International Residential Building Code for the 2022 California Residential Code, Part 2.5;
•Based on the 2020 National Electrical Code for the 2022 California Electrical Code, Part 3;
•Based on the 2021 Uniform Mechanical Code for the 2022 California Mechanical Code, Part 4;
•Based on the 2021 Uniform Plumbing Code for the 2022 California Plumbing Code, Part 5;
•Based on the 2021 International Fire Code for the 2022 California Fire Code, Part 9; •Based on the 2021 International Existing Building Code for the 2022 California Existing Code, Part 10;
II. Updates for the following parts authored by the State of California:
•The 2022 California Administrative Code. Part 1;
•The 2022 California Green Building Standards (CAL Green) Code, Part 11; • The 2022 California Referenced Standards Code, Part 12; •The 2022 California Energy Code, Part 6; and
•The 2022 California Historical Building Code, Part 8
•(Part 7 of the code is vacant.)
III. The following list highlights the corrected and/or new amendments specific to the State of California Codes and the St. Helena Municipal Code;

1.Municipal Code, Section 15.04.050, is changed to show correct date of the new code.

2.Municipal Code, Section 15.04.090, replace the word “insure” with ensure.

3.Municipal Code, Section 15.04.140, item C, is changed to show correct date of the new code; add language to require an investigation fee equal to three times the amount of the permit fee for work commencing without a required permit.

4.Municipal Code, Section 15.08.010, is changed to show the correct date of new code.

5.Municipal Code, Section 15.08.020, item C, is changed to show correct date of the new code; Item A, add the following language “It is permissible that these structures still be regulated by Section 710A despite exemption from permit”.

6.Municipal Code, Section 15.08.030, amendment is hereby deleted.

7.Municipal Code, Section 15.12.010, is changed to show correct date; add adoption of Appendix I, Patio Covers.

8.Municipal Code, Section 15.12.020, is changed to show the correct date of the new code. Correct refence to code section numbering in items A & B.

9.Municipal Code, Section 15.12.030 is hereby deleted; this section has been relocated to Chapter 15.32 California Existing Building Code.

10.Municipal Code, Section 15.16.010 is changed to show the correct date of the new code.

Agenda Item #8.1.

11.Municipal Code, Section 15.18.010, is changed to show correct date of the new code.

12.Municipal Code, Section 15.20.010 is changed to show the correct date of the new code.

13.Municipal Code, Section 15.24.010, is changed to show the correct date of the new code; Add Item B, Section 702.5 Transfer Equipment is amended to read: Connection to wiring for buildings or well pumps served by commercial power shall be made by means of a manual or automatic transfer switch. The transfer switch shall be listed to UL1008

14.Municipal Code, Section 15.28.010, is changed to show the correct date of the new code.

15.Municipal Code, Section 15.28.020, Amend Section R337.1,3.1 by adding the following language: “land designated by cities and other local agencies including: 2.1 Moderate Fire Hazard Severity Zones; 2.2 High Fire Hazard Severity Zones; 2.3 VeryHigh Fire Hazard Severity Zones”.

16.Municipal Code, Section 15.32. 010, is changed to show the correct date of the new code.

17.Municipal Code, Section 15.32.020, is changed to correct section numbers in the new code, and correct spelling. Add item C: Part 10, Chapter 14 Relocated or Moved Buildings. (This language was relocated from Section 15.12.030 in prior code).

18.Municipal Code, Section 15.53.010, is changed to show correct date of the new code.

19.Municipal Code, Section 15.54.010, is changed to show the correct date of the new code.

20.Municipal Code, Section 15.55.010, is changed to show the correct date of the new code
Municipal Code, Section 15.36 (Fire Code)

21.Municipal Code, Section 15.36.020, is changed to show the correct date of the new code.

22.Municipal Code, Section 15.36.040 is updated to correct the date of new code. Item C: add the words “or property” to code section; add the following language to Section 110:
“All grass and weeds shall be cut to a maximum of 4 inches in length and all dead, dying and/or decaying vegetation shall be removed by June 1st each year. Upon discovery of any public nuisance as defined by this code, the city administrator or his designee may notify the owner and any responsible person that the nuisance shall be abated by the city at such person’s expense unless they appear at the stated time and place to show cause why there should be no abatement pursuant to 1.12.140 through 1.12.200 (prior code Section 1.24). If the owner fails to correct such conditions, the Fire Code Official is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.” Add Item F, Section 304.1.2 is amended to read as follows: “Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. All grass and weeds shall be cut to a maximum of 4 inches in length and all dead, dying and/or decaying vegetation shall be removed by June 1st each year.”
Agenda Item #8.1.

23.Municipal Code Section 15.36.050, Section 503.4.1 is changed to show correct date of the new code.

24.Municipal Code, Section 15.36.080, is changed to correct date of new code. Item A, #1 has been changed from 100 feet to 150 feet for effective fuel breaks between buildings and structures. Item A is further changed to add #4.5 “Remove all limbs from trees up to no less than 6 feet from the ground”.

INCENTIVES FOR INSTALLING GREEN ENERGY IMPROVEMENTS
The City desires to incentivize certain GHG friendly type of home improvements such as solar and electric water heaters for a specific period of time in 2023 (May 1, 2023 to October 31, 2023) by providing a significant, deep discount ( 80%) on the permit fees for these home improvements that reduce GHG emissions. Staff will bring back a separate request to the City Council soon to reduce building permit fees for these types of improvements during the prescribed time period.

FISCAL IMPACT
There are direct no direct fiscal impacts related to the City of St. Helena as a result of the proposed California Building Code Adoption.

The City will improve the cost recovery on building permits resulting from code enforcement efforts if the Council supports the staff request to triple the building permit fee for these building permits.

RECOMMENDED ACTION
The Community Development Department, Building Division recommends the City Council:

1. Find the proposed amendments to the Building Code is exempt from CEQA under Section 15061 (b) (3) the ‘General Rule’; and

2. Introduce and and conduct first reading and approve by title only and waive further reading of Ordinance titled “Amendments to St. Helena Municipal Code Title 15 Buildings and Construction, Adopt and Amend in full the 2022 California Building Standards Code, Title 24.

ATTACHMENTS
Exhibit A- Municipal Code Title 15 Buildings and Construction Amendments-With Out Section 15.36 Fire Code
Exhibit B – Municipal Code Title 15.36 Buildings and Construction Amendments-Fire Code
Exhibit C - Draft Ordinance
Agenda Item #8.1.

Exhibit A
Title 15

BUILDINGS AND CONSTRUCTION
Chapters:

15.04 General Provisions

15.08 Administration of the California Building
Standards Code

15.12 California Building Code Adopted

15.16 California Mechanical Code Adopted

15.18 California Energy Code Adopted

15.20 California Plumbing Code Adopted

15.24 California Electrical Code Adopted

15.28 California Residential Code Adopted

15.32 California Existing Building Code

15.36 California Fire Code Adopted

15.40 Retrofitting of Unreinforced Masonry
Buildings

15.44 Building Numbering System

15.48 Trailers and Trailer Camps

15.52 Flood Damage Prevention

15.53 California Green Building Standards Code
Adopted

15.54 California Administrative Code Adopted

15.55 California Referenced Standards Code
Adopted
Agenda Item #8.1.

Chapter 15.04

GENERAL PROVISIONS
Sections:

15.04.010 Short title.

15.04.020 Purpose.

15.04.030 Authority.

15.04.040 Building division—Created.

15.04.050 Building Official—Powers and duties generally.

15.04.060 Building Official—Recordkeeping duties.

15.04.070 Jurisdiction.

15.04.080 Permits required.

15.04.090 Inspections—Authority—Concealment prohibited.

15.04.100 Violations of other ordinance.

15.04.110 Conformance with zoning ordinance.

15.04.120 Copies of codes.

15.04.130 Specific findings for code amendments.

15.04.140 Violations—Penalties.

15.04.010 Short title.

The provisions codified in this title shall be known as the “St. Helena Building Code,” may be cited as such, and will be referenced to in this title as “this building code.” (Prior code § 4.1)

15.04.020 Purpose.

The city council expressly finds that the purpose of this building code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures within the city, and certain equipment specifically regulated in this building code. (Prior code § 4.2)

15.04.030 Authority.

This building code is adopted pursuant to the authority granted by Section 11 of Article XI of the State Constitution to a city to make and enforce within its limits all such local police, sanitary, and other regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 to 50022.10, inclusive, of the California Government Code relating to the adoption of codes by reference. (Prior code § 4.3)
Agenda Item #8.1.

15.04.040 Building division—Created.

There is contained within the city the building division, which shall be under the jurisdiction of the Building Official designated by the appointing authority. (Prior code § 4.4)

15.04.050 Building Official - Powers and duties generally.

Section 104.1, General, California Building Code 2013692022 Chapter 1, is amended to read as follows:

The Building Official is authorized and directed to enforce all of the provisions of this building code and of the codes adopted by reference by this building code.

The Building Official is authorized to consult experts that he or she deems to be qualified in all fields related to the subject matter of this building code and of the codes adopted by reference by this building code to the extent that he or she deems it reasonably necessary to assist him or her in carrying out his or her duties hereunder. The decision of the Building Official in enforcing the provisions of this building code or of the codes adopted by reference by this building code or in interpreting the provisions thereof or in exercising the authority delegated thereby shall be final, subject to appeal as provided in Section 113 of the 2013692022 California Building Code Chapter 1.

15.04.060 Building Official—Recordkeeping duties.

The Building Official shall cause a permanent record to be kept of all pertinent transactions of the building division under this building code and the codes adopted by this building code and to render a monthly report to the city council of all permits issued and fees collected. (Prior code § 4.6)

15.04.070 Jurisdiction.

This building code shall apply within all of the territory of the city. (Prior code §

4.7)

15.04.090 Inspections—Authority—Concealment prohibited.

A. All work for which a permit is required shall be subject to inspection by the Building Official to insureensure compliance with all requirements of this building code.

B. It shall be the responsibility of the owner or person doing work authorized by a permit to notify the Building Official orally or in writing when such work is ready for inspection. Such notification shall be given at least twenty-four (24) hours before the work is to be inspected.

Agenda Item #8.1.

C. No portion of any building, structure, wiring, plumbing or equipment which is required to be inspected shall be permanently covered or concealed without approval of the Building Official.

D. The Building Official shall have authority to remove or require the removal of any obstruction which prevents the required inspection of any portion of a building, structure, wiring, plumbing, electrical or mechanical equipment. (Prior code § 4.9)

15.04.100 Violations of other ordinance.

No permit shall be issued pursuant to this title if at time of issuance there exists in respect to the premises for which the permit is to be issued any violation of the city’s zoning ordinance, the city’s subdivision ordinance, or of any other ordinance of the city whether such violation was committed by the then owner of the premises or his or her predecessors or by anyone claiming under the owner or his or her predecessors. (Prior code § 4.10)

15.04.110 Conformance with zoning ordinance.

No building permit shall be issued which is inconsistent with the St. Helena zoning ordinance. (Prior code § 4.11)

15.04.120 Copies of codes.

The Building Official shall make available in the offices of the building division, for review by the general public, at least one copy of all uniform codes or state building standards adopted by Sections 15.08.010, 15.12.010, 15.16.010,

15.20.010, 15.24.010, 15.28.010, 15.32.010, 15.36.010, 15.53.010, and

15.54.010, as well as local amendments and any other state regulations relating to buildings or structures, building service equipment published in Titles 8, 19, 20, 24, and 25 of the California Code of Regulations. (Prior code § 4.12)

15.04.130 Specific findings for code amendments.

Each amendment to the California Building Standards Code, California Code of Regulations, Title 24, adopted by this title, is reasonably necessary because of the following determinations due to local climatic, geological, or topographic conditions pursuant to Health and Safety Code, Section 17958.5:

A. The city is characterized by a narrow valley floor surrounded and intermingled with steep hill terrain, containing areas which are very susceptible to wildland fires. Wildland fires are considered a significant threat in St. Helena. Native vegetation of brush, woodland, grassland and forest become extremely flammable during summer and remain so if Agenda Item #8.1.

drought conditions prevail during the winter months. Drought cycles appear in this area every seven to eleven (11) years.

B. Earthquake is considered to be one of the most potentially destructive threats to life and property in the city. A moderate to severe seismic incident on any of the several fault zones in relative close proximity to St.

Helena is expected to cause extensive property damage, disruptions to communications systems, and damage to public utility systems.

C. St. Helena is divided geographically into two parts by the north to south flow of the Napa River. Significant damaging flooding occurs in portions of the city approximately every five to ten (10) years. Warnings are usually given several hours to a few days before such floods. This natural barrier can serve as a severe impediment to the delivery of public safety services in time of flood.

D. Several areas within the city offer poor access for the delivery of public safety services because of the severity of slopes, and the existence of natural barriers such as the Napa River, Sulphur Creek, and York Creek. (Prior code § 4.13)

15.04.140 Violations—Penalties.

Section 114 Violation Penalties, California Building Code Chapter 1, is amended to read as follows:

A. Generally. No person whether as owner, lessee, sub-lessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this title. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this title, shall constitute a continuing violation of this title.

B. Misdemeanor. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person is guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted.

C. Consistent with Section 109.4 and 114.4, of the 201620192022 California Building Code 2013 Administration, any person who violates a provision of this building code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this building code, shall be subject to penalties as prescribed by law. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to, and not to exceed three times the amount of the permit fee required by this code. The payment of such investigation fee Agenda Item #8.1.

shall not exempt any person from compliance with all other provisions of this building code nor from any penalty prescribed by law.

D. Authority to File. Where a public nuisance exists, the city may immediately commence action or actions, proceedings at law and in equity, for the abatement, removal and enjoinment thereof in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such public nuisance and restrain and enjoin any person from maintaining such nuisance. (Ord. 02-5 § 4 (part): prior code § 15.04.140) Agenda Item #8.1.

Chapter 15.08

ADMINISTRATION OF THE CALIFORNIA

BUILDING STANDARDS CODE
Sections:

15.08.010 California Building Standards Code 2013692022 Chapter 1 Administration —Adopted

15.08.020 California Building Standards Code 2013692022 Chapter 1 Administration—Amendments

15.08.030 Section 116, California Building Standards Code 2013692022 Chapter 1 Unsafe Structures and Equipment

15.08.040 Adoption of the International Property Maintenance Code, 20091218 Edition, with Amendments

15.08.050 Amendments to the International Property Maintenance Code

15.08.010 California Building Standards Code 2013692022 Chapter 1 Administration —Adopted
For the purpose of establishing proper regulations for the administration of the various codes covered in this building code, each of Chapter 1 of the California Building Code of the State of California, Chapter 1 of the Plumbing Code, Chapter 1 of the Mechanical Code, and Annex H of the Electrical Code, 2013692022 edition, is adopted in its entirety excepting additions, revisions and omissions listed in Section 15.08.020.

15.08.020 California Building Code 2013692022
Chapter 1 Administration—Amendments
A. Section 105.2, Work exempt from permit, California Building Code 2013692022 Chapter 1, items 1-5 only, is amended to read as follows:

1. One-story residential detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, not over 12 feet in height, and the structure contains no plumbing, electrical, or heating systems or appliances. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 6 feet (1829 mm) high.

Agenda Item #8.1.

3. Oil derricks (subject to approval of Napa County Environmental Management)

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I,II,III A liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 200 gallons.

B. Section109.2, Schedule of permit fees, California Building Code 2013692022 Chapter 1, is amended to read as follows:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the most current City Council fee resolution.

C. Section109.6, Refunds, California Building Code 201620192022 3 Appendix Chapter 1, is amended to read as follows:

The Building Official is authorized to establish a refund policy.

1. The Building Official may authorize refunding of the permit fee paid, less the hourly rate set forth by the most current City Council fee resolution, when no work has been done under a permit issued in accordance with this building code.

2. The Building Official may authorize refunding the plan review fee paid, less the hourly rate set forth by the most current City Council fee resolution, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended.

3. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty days after the date of fee payment.

15.08.030 Unsafe Structures and Equipment is amended to read as follows:

For the purpose of this building code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.

Agenda Item #8.1.

15.08.040 Adoption of the International Property Maintenance Code, 2012 2018 Edition, with Amendments.

For the purpose of regulation and governing the conditions and maintenance for all property, buildings and structures; by providing the standard for supplied utilities and facilities and other physical conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; that certain code known as the International Property Maintenance Code, 20182 Edition including Appendix A, as published by the International Code ConferenceCouncil, hereinafter referred to as the “Property Maintenance Code,” save and except such portions as are hereinafter changed, added to or amended by Section

15.08.060 of this chapter.

15.08.050 Amendments to the International Property Maintenance Code The International Property Maintenance Code is amended to read as follows; A. Section 101.1 These regulations shall be known as the Property Maintenance Code of the City of St. Helena (hereinafter referred to as “the code”).

B. Section 102.7 Where the term “International Building Code” appears in this code, it shall mean the California Building Code as adopted by this jurisdiction with amendments. Where the term “International Fire Code appears, it shall mean the California Fire Code as adopted by the City Council with amendments. Where the term “International Existing Building Code” appears, it shall mean the California Existing Building Code as adopted by City Council with amendments. Where the term “International Fuel Gas Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term “International Mechanical Code” appears, it shall mean the California Mechanical Code as adopt6ed by the City Council with amendments.

Where the term “International Plumbing Code” appears, it shall mean the California Plumbing Code as adopted by the City Council with amendments. Where the term” International Zoning Code” appears, it shall mean the St. Helena Municipal Code, Title 17
C. Section 103 is hereby deleted.

D. Section 104.3 is amended to add the following phrase to the end of the last sentence; “including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.” E. Section 106.2, 106.3, 106.4, and 106.5 are hereby deleted.

F. Section 107.1 Notice to person responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in the St. Helena Municipal Code Section 1.12.

Agenda Item #8.1.

G. Sections 107.2, 107.3, 107.4, 107.5, and 107.6 are hereby deleted.

H. Section 108.3 Whenever the Code Official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 1.12 of the St. Helena Municipal Code. If The notice shall be in the form prescribed in Section 1.12.150 of the St. Helena Municipal Code.

I. Sections 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the Code Official, there is imminent danger due to an unsafe condition, the Code Official may order the necessary work be to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Code Official deems necessary to meet such emergency.

J. Section 109.3 Closing streets. When necessary for public safety, the Code Official may temporarily close structures and close or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

K. Section 109.4 Emergency repairs. For the purposes of this section, the Code Official may employ the necessary labor and materials to perform the required work as expeditiously as possible.

L. Sections 109.5 and 109.6 are hereby deleted.

M. Sections 110.2 Notices and Orders. All notices and orders shall comply with the St. Helena Municipal Code Chapter 1.12.150.

N. Section 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be in lien upon such real estate.

O. Section 111.2 is amended by adding the following sentence: Nothing contained in this section shall prevent the Mayor or City Council from appointing the Mayor and City Council as the Board of Appeals.

P. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that Agenda Item #8.1.

person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code.

Q. Section 202 definition of CODE OFFICIAL. Where used in this code, the term Code Official shall refer to the Chief Building Official, and his or her designated agents or representatives.

R. Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches tall. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens.

S. Section 304.14 Insect Screens. Every door, window and other outside opening required for ventilation on habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mess per inch (16 mesh per 25 mm), and every screed door used for insect control shall have a self-closing device in good working condition. (The exceptions in the code are not amended.) T. Section 308.2.2 Refrigerator. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

U. Section 308.3.1 Garbage facilities. The owner of every dwelling shall supply an approved leak proof, covered, outside garbage container and a recycling container. Every person maintaining or using any solid waste can or receptacle shall keep the same clean and sanitary.

V. Section 308.3.1.1. Within all residential districts in the city, no person shall use, locate or maintain (store) any solid waste can, garbage container or waste receptacle within the public right of way other than on the day of removal service. Containers shall be stored out of public view on non-service dates whenever practical; or stored nearest the main structure.

W. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units or terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat in order to maintain a temperature of not less that 68F (18C) during the period the spaces are occupies. (The exceptions in the code are not amended.)

15.08.070 Enforcement and Penalties.

Agenda Item #8.1.

A. In addition to the enforcement powers and/or remedies provided in this chapter, the Chief Building Official shall have the power to enforce the provisions of this chapter as provided in Chapter 15.04.030.

B. The violations of the International Property Maintenance Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.12 of the St. Helena Municipal Code.

Agenda Item #8.1.

Chapter 15.12

CALIFORNIA BUILDING CODE ADOPTED
Sections:

15.12.010 California Building Code—Adopted.

15.12.020 California Building Code—Amendments

15.12.030 Moved Buildings

15.12.040 Appendix J

15.12.010 California Building Code—Adopted.

The 2013692022 California Building Code, known as the California Code of Regulations, Title 24, Part 2 Volumes 1 and 2, Appendix I – Patio Covers, and Appendix J- Grading, Based on 2012592021 International Building Code, Published by the International Code Council and the amendments set forth in section 15.12.020 is adopted.

15.12.020 California Building Code—Amendments
Based upon the findings set forth in Section 15.04.130, the following sections and/or subsections of the 2013692022 California Building Code, are amended to read as follows:

A. Chapter 5, General Buildings Heights and Areas, Section 502.11.2, Address Identification.

Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and shall not be less than 4" in height. House numbers shall not be obstructed by vegetation. Any building located more than 50 feet from the street shall have its address posted at the driveway entrance and shall be visible from both directions of travel along the road. In new construction, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located.

Where multiple addresses are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide.

Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest road intersection providing access to that site.

B. Chapter 31, Special Construction, Section 3109.24.1, Swimming Pool Agenda Item #8.1.

Enclosures and Safety Devices, Barrier Height and Clearances:

The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

15.12.030 Moved Buildings
Chapter 34A, Existing Structures, Section 3410A Moved Structures is amended as follows to include:

Buildings, structures and their building service equipment moved into or within this jurisdiction shall comply with the provisions of the technical codes for new building or structures and their building service equipment.

A. Permits required. Before any building or structure is moved on or along any street within the city, a permit shall first be obtained from the Building Official for such moving. The permit application shall describe the streets and route over which the building will travel, the location of final installation if within the city, and the hours during which building will be moved. The Building Official will collect a fee of one hundred dollars ($100.00) for required investigations and inspections. This fee shall be separate from any construction permit related fees.

B. Prior to issuance of permit, the applicant shall obtain an encroachment permit from the city engineer. The Building Official shall notify all affected city officials and, in the event that any such officials object to route or time of travel, changes shall be made to meet such objections.

C. Bond Required. In addition to all other requirements of the building code relating to the moving of buildings and structures, no permit for such moving shall be issued until the applicant shall have filed with the Building Official a corporate surety bond in favor of the city or a cash deposit in lieu of such bond. The bond shall be conditioned that the applicant will strictly comply with all provisions of the Building Code relating to the moving of buildings and structures and that the applicant will pay for any and all damage which may result by reason of such moving to any fence, hedge, tree, pavement of streets or sidewalks, pipes, poles and wires, or to any public or private property, and to hold harmless the city against any costs or expense which may accrue in consequence of such moving. The bond shall be in such amount as determined by the Building Official and approved by the city attorney, but in no case less than one thousand dollars Agenda Item #8.1.

($1,000.00). At the option of the applicant, a cash deposit in the same amount may be deposited with the city treasurer.

D. Time limited during which building may be left standing on one city block. No person owning, or having charge of the removal of, any building being moved over any street shall permit such building to be, or stand, on any street within the limits of one block for a period of more than twenty-four hours.

E. Moving buildings—Prevention of injury to street or property. No person owning or having charge of the moving of any building or structure over any street shall allow or cause injury to any fence, hedge, tree, pavement, sidewalk, gas pipe, water pipe, sewer pipe, electric wires or the poles supporting them, or any other public or private property by reason of such removal.

15.12.040 Appendix J Amended
Appendix J is amended as follows:

A. Where the term “building official” is used in this appendix, change to “City Engineer.”
B. Section J103.1, Permits required.

Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the Building Official with approval from the City Engineer for minor grading activities which do not require a grading permit. A grading permit issued by the City Engineer is required for any one of the following:

1. Grading of more than 50 cy of material (includes pools);

2. Disturbance of an area or more than 10,000 sq ft;

3. Cut or fill more than three feet;

4. Alter or add any drainage facilities or courses
C. Section J103.2, Exemptions.

Except as stated in J103.1 above, a grading permit shall not be required for the following:

1. Cemetery graves.

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells, or trenches for utilities.

4. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties

5. Exploratory excavations performed under the direction of a registered design professional.

D. Section J106.1 Maximum Slope.

Repeal exceptions.

Agenda Item #8.1.

E. Section J108.3 Slope Protection
Change “approved by the building official” to “approved by the City Engineer”.

F. Section J109.1 Drainage and Terracing, General, Unless otherwise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with requirements of this section and the latest state and local storm water quality requirements and ordinances.”
Repeal exceptions.

G. Section J109.3 Interceptor drains, Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the City Engineer, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the City Engineer.

H. Section J109.4 Drainage across property lines, Drainage across property lines shall not exceed that by volume and flow that existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices such as infiltrator and dissipater basins, riprap or cobble surrounds, and gravel or rock infiltration trenches/pits I. Section J110.1 General, The faces of cut and fill slopes shall be prepared and maintained to control erosion.

Repeal exceptions.

Agenda Item #8.1.

Chapter 15.16

CALIFORNIA MECHANICAL CODE ADOPTED
Sections:

15.16.010 California Mechanical Code Adopted.

The 2013692022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4, incorporating the Uniform Mechanical Code, 20125892021 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted including all appendices, and without amendments.

Agenda Item #8.1.

Chapter 15.18

CALIFORNIA ENERGY CODE ADOPTED
Sections:

15.18.010 California Energy Code—Adopted.

15.18.020 California Energy Code—Amendments.

15.18.010 California Energy Code — Adopted.

The 2013692022 Building Energy Efficiency Standards, comprising Title 24, Parts 1 and 6, of the California Code of Regulations, is mandatory statewide.

Local government agencies may adopt and enforce energy efficiency standards for newly constructed buildings, additions, alterations, and repairs provided the California Energy Commission finds that the standards will require buildings to consume no more energy than permitted by Title 24, Part 6. Such local standards may include adopting the requirements of Title 24, Part 6 before their effective date, requiring additional energy conservation measures, or setting stricter energy budgets.

Agenda Item #8.1.

Chapter 15.20

CALIFORNIA PLUMBING CODE ADOPTED
Sections:

15.20.010 California Plumbing Code Adopted.

15.20.020 California Plumbing Code Amendments.

15.20.1010 California Plumbing Code – Adopted.

The e 2013692022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5, incorporating the Uniform Plumbing Code, 20125892021 Edition, published by the International Association of Plumbing and Mechanical Officials, with amendments set forth in section

15.20.020 including Appendices, (A),(B),(D), (G) and (L), is hereby adopted.

15.20.020 California Plumbing Code – Amendments.

Chapter 4, Plumbing Fixtures and Fixture Fittings is amended to include Section

15.53.020 B. Section 4.303.1, Indoor Water Use, Twenty percent savings. As illustrated by Table 4.303.2, column 2.

Agenda Item #8.1.

Chapter 15.24

CALIFORNIA ELECTRICAL CODE ADOPTED
Sections:

15.24.010 California Electrical Code -– Adopted.

15.24.020 California Electrical Code -– Amendments.

15.24.010 California Electrical Code – Adopted.

The 2013692022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3, incorporating the National Electrical Code, 20114 7 92020 Edition, published by the National Fire Protection Association and Annex H of the Electrical Code, with amendments set forth in section 15.24.020 is hereby adopted.

15.24.020 California Electrical Code -– Amendments.

A. Article 230 Services, Section 230.70(A)1 Readily Accessible Location, is amended to read as follows:

Electrical disconnecting equipment in structures served by a remote or detached electrical service shall be readily accessible to fire fighting personnel. The disconnecting equipment shall be installed on the exterior of the building and identified for fire fighting personnel.

B. 702.5 Transfer Equipment. Section 702.5 Transfer Equipment is amended to read as follows:

B. “Connection to premise wiring for buildings or well-pumps served by commercial power shall be made by means of a manual or automatic transfer switch. The transfer switch shall be listed and labeled to UL 1008, and shall comply with the provisions of this code, and Section 1204 of the California Fire Code. Interlock kits of any type shall be prohibited as a means of preventing inadvertent interconnection of normal and alternate power sources.”Article 334, Non-Metallic Sheathing Cable, Section 334.12 Uses Not Permitted, is amended to read as follows:

Type NM or NMC. Types NM and NMC cables shall not be used in the following:

1. In any dwelling or structure exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent (50%) or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted.

Agenda Item #8.1.

2. As service-entrance cable.

3. In any nonresidential occupancy.

4. In storage battery rooms.

5. In hoistways.

6. Embedded in poured concrete.

Agenda Item #8.1.

Chapter 15.28

CALIFORNIA RESIDENTIAL CODE ADOPTED
Sections:

15.28.010 California Residential Code Adopted.

15.28.020 California Residential Code Adopted —Amendments.

The 2013692022 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5, incorporating the International Residential Code, 20125892021 Edition, is hereby adopted including all appendices, and with amendments set forth in Section 15.28.020.

15.28.020 California Residential Code Adopted —Amendments.

Section R313.1 is amended by adding; “and qualified additions and remodels as prescribed in the amended section 903.2 of the 2013 CFC” and by repealing the exception.

Section R313.2 is amended by adding; “and qualified additions and remodels as prescribed in the amended section 903.2 of the 2013 CFC” and by repealing the exception.

Section R337.1.3.1 is amended by adding “land designated by cities and other local agencies including”:

2.1 Moderate Fire Hazard Severity Zones

2.2 High Fire Hazard Severity Zones

2.3 Very high Fire hazard Severity Zones
Agenda Item #8.1.

Chapter 15.32

CALIFORNIA EXISTING BUILDING CODE
Sections:

15.32.010 California Existing Building Code—Adopted

15.32.020 California Existing Building Code—Amendments.

15.32.010 California Existing Building Code—Adopted
The 2013692022 edition of the California Existing Building Standards Code, known as the California Code of Regulations, Title 24, Part 10, incorporating the 2012852021 International Existing Building Code, published by the International Code Council, with amendments set forth in section 15.32.020 is adopted.

15.32.020 California Existing Building Code —Amendments.

Based upon the findings set forth in Section 15.04.130, Chapter A1, Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, Section A106 Materials Requirements, A106.3.3.4.2.3.5 Number of tests, is amended to read as follows:

A. The minimum number of tests per class for brick or hollow clay tile masonry walls shall be as follows:

1. At each of both the first and top stories, not less than two tests per wall or line of wall elements providing a common line of resistance to lateral forces.

2. At each of all other stories, not less thant one test per wall or line of wall elements providing a common line of resistance to lateral forces.

3. In any case, not less thatthan one test per 1,500 square feet of wall surface and not less than a total of eight tests.

B. The minimum number of tests for stone masonry walls shall be as follows:

1. One test per wall per story, except that storefront walls not used to resist lateral forces, need not be tested.

2. Not less than one test per 2,500 square feet (232.3m2) of wall surface.

Agenda Item #8.1.

Part 10, Chapter 14 Relocated or Moved Buildings
Section 1401 Moved Structures is amended as follows to include:

Buildings, structures and their building service equipment moved into or within this jurisdiction shall comply with the provisions of the technical codes for new building or structures and their building service equipment.

A. Permits required. Before any building or structure is moved on or along any street within the city, a permit shall first be obtained from the Building Official for such moving. The permit application shall describe the streets and route over which the building will travel, the location of final installation if within the city, and the hours during which building will be moved. The Building Official will collect a fee of one hundred dollars ($100.00) for required investigations and inspections. This fee shall be separate from any construction permit related fees.

B. Prior to issuance of permit, the applicant shall obtain an encroachment permit from the city engineer. The Building Official shall notify all affected city officials and, in the event that any such officials object to route or time of travel, changes shall be made to meet such objections.

C. Bond Required. In addition to all other requirements of the building code relating to the moving of buildings and structures, no permit for such moving shall be issued until the applicant shall have filed with the Building Official a corporate surety bond in favor of the city or a cash deposit in lieu of such bond. The bond shall be conditioned that the applicant will strictly comply with all provisions of the Building Code relating to the moving of buildings and structures and that the applicant will pay for any and all damage which may result by reason of such moving to any fence, hedge, tree, pavement of streets or sidewalks, pipes, poles and wires, or to any public or private property, and to hold harmless the city against any costs or expense which may accrue in consequence of such moving. The bond shall be in such amount as determined by the Building Official and approved by the city attorney, but in no case less than one thousand dollars ($1,000.00). At the option of the applicant, a cash deposit in the same amount may be deposited with the city treasurer.

D. Time limited during which building may be left standing on one city block. No person owning, or having charge of the removal of, any building being moved over any street shall permit such building to be, Agenda Item #8.1.

or stand, on any street within the limits of one block for a period of more than twenty-four hours.

E. Moving buildings—Prevention of injury to street or property. No person owning or having charge of the moving of any building or structure over any street shall allow or cause injury to any fence, hedge, tree, pavement, sidewalk, gas pipe, water pipe, sewer pipe, electric wires or the poles supporting them, or any other public or private property by reason of such removal.

Agenda Item #8.1.

Chapter 15.40

RETROFITTING OF UNREINFORCED MASONRY

BUILDINGS
Sections:

15.40.010 Short title.

15.40.020 Purpose.

15.40.030 Scope.

15.40.040 Authority.

15.40.050 Definitions.

15.40.060 Future retrofitting legislation.

15.40.070 Change of occupancy.

15.40.080 Addition, alteration or repair.

15.40.090 Penalties for noncompliance.

15.40.100 Appeals process.

15.40.110 Recovery of penalties.

15.40.120 Remedies.

15.40.010 Short title.

This chapter shall be known as the “unreinforced masonry building (URM) ordinance.” (Prior code § 4B.1)

15.40.020 Purpose.

It is generally acknowledged that the city will experience earthquakes in the future due to its proximity to the Rodgers Creek, Hayward and San Andreas faults, and may reasonably be expected to experience moderate to severe ground shaking during a significant earthquake. Such ground shaking may result in serious injury or death or impaired economic value due to damage or collapse of buildings in St. Helena. Buildings constructed of unreinforced masonry have been widely recognized for experiencing life safety hazardous damage including partial or total collapse during moderate to strong earthquakes. The purpose of this chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing unreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. (Prior code § 4B.2) Agenda Item #8.1.

15.40.030 Scope.

The provisions of this chapter contain procedures for the systematic review and reconstruction of all existing unreinforced masonry buildings within the city to improve their safety during an earthquake. This chapter does not require alteration of existing electrical, plumbing or mechanical systems unless the conditions or defects endanger the life, health, property or safety of the public or the building’s occupants. Access for the physically disabled shall be provided to the extent required by the latest edition of the California Building Code and/or the State Historical Building Code. The requirements of this chapter shall apply to all buildings or portions of buildings constructed with unreinforced masonry walls with the following exceptions:

A. A building which has been seismically retrofitted since 1980, which complies with the strengthening standards in effect at the time as determined by the Building Official;
B. A detached group R division 3 occupancy or a detached group R division 1 occupancy having four living units or fewer;
C. Accessory buildings serving group R division 3 occupancies or accessory buildings serving group R division 1 occupancies having four living units or fewer;
D. Public schools;
E. Hospitals; or
F. State or federally owned buildings.
(Prior code § 4B.3)

15.40.040 Authority.

A. The Building Official or designee is authorized and directed to enforce all provisions of this chapter.

B. Unless otherwise noted, the provisions of the current code shall apply; however, this chapter shall not preclude the enforcement of any federal, state or other local codes, laws or ordinances.

C. The Building Official shall have the power to render interpretations of this chapter and to adopt and enforce rules and regulations supplemental to this chapter as he or she may deem necessary in order to clarify the application of the provisions of this chapter. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter. (Prior code § 4B.4)
Agenda Item #8.1.

15.40.050 Definitions.

For the purposes of this chapter, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this chapter, but not specifically defined, shall have the meanings set forth in the applicable local, state or federal code, if appropriate.

Other such words, phrases and terms shall be accorded their ordinary meanings. “Architect” means a person who is licensed to practice architecture in this state.
“Architectural and engineering fees” means all design and analysis costs, not repair costs.
“Building,” for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.
“Current code” or current “CBC” means the current edition of the California State Building Code, as amended from time to time and as amended by the city. “Current California Existing Building Code” or “current CEBC” means the seismic provision for unreinforced masonry bearing wall buildings in the current edition of the International Existing Building Code as adopted and amended by the city.
“Engineer” means any professional, civil or structural engineer who is licensed to practice engineering in this state.
“Owner” means any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.
“Prevailing code” means the “regular building regulations” as that term is used in the California Health and Safety Code, which govern the design and construction of non-historical buildings within the city. “Qualified historical building” means any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
“Unreinforced masonry building” or “URM building” means any building or structure containing one or more walls constructed wholly or partly with unreinforced masonry walls.
“Unreinforced masonry wall” or “URM wall” means a masonry wall in which the area of reinforcing steel is less than twenty-five percent (25%) of the minimum steel ratios required by the current CEBC for reinforced masonry. “Upgrading” means all work necessary to comply with the requirements of this chapter.
“Valuation” means the total value of all construction work determined in accordance with prevailing code, except structural and fire upgrading work required by this chapter, for which a building permit is issued as well as finish work, roofing, mechanical systems, elevators, disabled access, and any other permanent equipment. (Ord. 02-5 § 5 (part); prior code § 4B.5) Agenda Item #8.1.

15.40.060 Future retrofitting legislation.

No URM building which has been seismically retrofitted to the standards required in this chapter shall, within a period of fifteen (15) years after completion of the work required for such retrofit, or such other period as the state may from time to time adopt, be identified as a “seismic hazard to life” pursuant to any other seismic mitigation building standard adopted by the city, unless: (a) such building no longer meets the structural upgrade standards under which it was retrofitted; or (b) the occupancy classification for such building is changed. (Prior code § 4B.7)

15.40.070 Change of occupancy.

A URM building shall be retrofitted to the applicable standard upon a change of occupancy as defined in the current CBC, if the Building Official determines that the change will create an increased occupancy load or a hazardous condition. (Prior code § 4B.8)

15.40.080 Addition, alteration or repair.

A. Whenever addition, alteration or repair work to a URM building involves any one of the following conditions, the building shall be upgraded to comply with the applicable retrofit standards prior to the approval of the addition, alteration, or repair work:

1. The total cost for all addition, alteration and repair work exceeds fifty percent (50%) of the total replacement cost of the existing building.

The valuation of the work and the replacement cost of the existing building shall be determined by the Building Official.

2. Dead and live vertical or horizontal loading is increased by five percent on the affected supporting elements of the roof or floor of a building.

3. More than fifty percent (50%) of the total floor areas of the building is involved in substantial structural alteration as determined by the Building Official.

4. The cumulative area of additions, excluding basement additions, exceeds thirty percent (30%) of the existing total floor area of the building excluding basement.

B. Addition, alteration or repair work shall mean the cumulative addition, alteration or repair work performed on the building within any four year period.

C. When the owner believes the Building Official has made an error in his or her application of this section, the owner may appeal the determination to the building conservation appeals board in accordance with Section

15.40.110 of this chapter. (Prior code § 4B.9)
Agenda Item #8.1.

15.40.090 Penalties for noncompliance.

A. It is unlawful for the owner of a potentially hazardous URM building subject to this chapter to fail to comply with the provisions of this chapter.

After written notification thereof from the city to the owner, each owner who fails to complete the building upgrades required by this chapter r, for such building shall, in addition to any other penalty or remedy which may be assessed pursuant to this chapter or other applicable law, be guilty of an infraction. Each day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall be a separate offense. This penalty shall attach the day following the last day of the period during which the owner is to complete the upgrades. The maximum penalty under this subsection shall be ten thousand dollars ($10,000.00) per building.

B. In addition to the penalty authorized by subsection (A) of this section, the Building Official may take the following actions in the event of any failure to comply with the requirements of this chapter within the specified time period:

1. Notify all parties with a financial interest in the property (such as mortgage lenders, lienholders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this chapter;

2. File a statement with the county recorder’s office describing the potential hazards of the building and the violations of this chapter.

Upon correction of the violation of this chapter the Building Official will file a release of any order of unreinforced masonry building hazard mitigation that may have been recorded;

3. Post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well-lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the Building Official’s approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner’s expense, as necessary.

When the owner corrects all violations of this chapter to the satisfaction of the Building Official, the posting of the building required by this section shall be removed. However, if the owner violates any aspect of this chapter after the posting has been removed, the Building Official will repost the building immediately;

4. The city council may cause any building not abated within the time limits set forth herein, to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter and place a lien on the property for all costs incurred.

Agenda Item #8.1.

C. The owner may appeal any action or penalty for noncompliance in accordance with Section 15.40.110 of this chapter. (Ord. 02-5 § 5 (part); prior code § 4B.10)

15.40.100 Appeals process.

A. Exemption from URM Program. If the owner believes that his or her building is not a potentially hazardous URM building or is otherwise exempted from the provisions of this chapter, the owner shall submit evidence, such as original drawings or test results, to substantiate the claim. The Building Official will review the evidence submitted by the owner and will remove the building from the city’s list of potentially hazardous URM buildings if the Building Official determines that the building is exempted or in compliance with this chapter. Any decision of the Building Official pursuant to this subsection may be appealed first to the building conservation appeals board and finally to the city council, in accordance with the procedures set forth in this section.

B. Appeal of Addition, Alterations, or Repair. When the owner believes the Building Official made an error in his or her determination regarding additions, alterations or repairs, the owner may appeal the determination to the building conservation appeals board. Such appeal shall be made within thirty (30) days after the date of the Building Official’s written decision.

1. Such appeal shall be made in the form specified by this section and be filed with the Building Official. The appeal shall state specifically the alleged error or abuse of discretion by the Building Official. The appeal will be heard by the building conservation appeals board within thirty (30) days of the date of receipt of the appeal by the city. Not less than seven days prior to the hearing date, the Building Official shall give notice to the appellant of the date, time and place of the hearing. The board shall be authorized to continue the hearing from time to time.

In considering the appeal, the board shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. Error or abuse of discretion is shown if it is established that the Building Official failed to follow the provisions of this chapter.

2. The decision of the board shall be in writing and a copy of the board’s decision shall be mailed or otherwise delivered to the appellant by the Building Official within seven days of the date of the board’s decision.

The applicant may appeal the board’s decision to the city council in the form specified by this section. The appeal shall be made to the city clerk within thirty (30) days of the date of receipt of the board’s final action notice.

C. Appeal of Noncompliance Penalties and Actions. Any decision by the Building Official to impose penalties or take actions in the event of any Agenda Item #8.1.