City of St. Helena
Regular City Council Meeting
Tuesday, November 22, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Simultaneous Spanish interpretation services during meetings can be scheduled upon request.
To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.
Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .
El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .
Page
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy
4. ADOPTION OF THE AGENDA
5. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive
discussion or action may take place unless and until the matter properly appears on the agenda.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
7. PRESENTATIONS AND PUBLIC RECOGNITIONS
7.1. Proposed Water and Wastewater Commission Presentation by Garry Rose
Water and Wastewater Presentation
Excerpt from Bylaws for Water and Wastewater Commission Example Ordinance for Water and Wastewater Commission
Public Comment.Norm Manzer
Public Comment.Lana Ivanoff
Public Comment.Nancy Dervin
Public Comment.Ross Allen
Public Comment.Chris Warner
Public Comment.Donna Hardy
Public Comment.Chris Fowler
Public Comment.Elaine de Man
Public Comment.Jennifer and John Muhlner
Public Comment.Karen J Nolan
Public Comment.Leslie Stanton
Public Comment.Linda Rose
Public Comment.Michael Caldarola
Public Comment.Pat Dell
Public Comment.Pat Friday
7 - 51
8. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
8.1. October 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Ian Dale, Environmental Services Tech
Staff Report - Pdf
53 - 58
8.2. Receive and File FY 2021-22 Annual AB 1600 Report on Development Impact Fees.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Receive and file Annual AB 1600 Development Fee Report for Fiscal Year Ending June 30, 2022.
59 - 69
Staff Report - Pdf
8.3. Consideration and proposed approval of a resolution approving the Final Map for 1780 Dean York Lane Subdivision Parcel Map and authorizing the City Clerk to Record the Final Map
CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Approve the attached resolution approving the Final Map for the 1780 Dean York Lane Subdivision and authorizing the City Clerk to record the Final Map.
Staff Report - Pdf
71 - 78
8.4. Consideration and proposed approval of a Resolution authorizing the City Manager to execute Amendment No. 3 to STH Contract: FY 2021- 046 in the amount of $50,000 with Interwest for a total contract amount not-to-exceed $140,000 for Contract Planning Services.
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Staff recommends City Council adopt the attached resolution.
Staff Report - Pdf
79 - 85
8.5. Consideration of Approval of a resolution authorizing the City Manager to amend the current Community Development Block Grant Coronavirus Response (CDBG - CV2 & CV3) to re-allocate CDBG-CV funding from the Child Care Scholarship Program to St. Helena Utility Assistance Program.
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Senior Management Analyst
Recommendation:
Resolution Approving an Amendment to the Community Development Block Grant Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) Standard Agreement to re-allocate CDBG-CV funding from the Child Care Scholarship Program to St. Helena Utility Assistance Program.
Staff Report - Pdf
87 - 101
9. OLD BUSINESS
9.1. Discussion, Consideration, and Direction Regarding Requests from Our Town St. Helena for:
1.Extention of the acquisition loan term ($450,000 initial acquisition loan) from December 9, 2022 for an Additional 12-months to December 9, 2023. All other terms of the loan agreement would remain.
2.Extention of reimbursement to OTSH for interest payments on the RCAC loan, retroactively from November 1, 2022 to October 31, 2023, in the amount of $1,200 per month, not to exceed $14,400 with funds to 103 - 113
be reimbursed to OTSH on a quarterly basis upon receipt of an invoice and accompanying documentation showing proof of payments to RCAC.
The source of funds would be the Affordable Housing Trust Fund.
CEQA Determination: Approval of a resolution amending the Loan Agreement for the acquisition of 963 Pope Street is governed by Section 15310 of State CEQA Guidelines which exempts the approval of mortgages of the purchase of existing structures where the loan will not be used for new construction.
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff is seeking City Council direction on the requests made by OTSH.
Due to the timing of the maturity date of the existing acquisition loan as well as the request for interest only payments, City staff has prepared two resolutions for approval if City Council provides direction to (1) extend the maturity date to December 9, 2023 as requested by OTSH (Attachments 1 and 2) and (2) extend the reimbursement to OTSH for interest payments on the RCAC loan, retroactively from November 1, 2022 to October 31, 2023, in the amount of $1,200 per month, not to exceed $14,400 (Attachment 3).
Staff Report - Pdf
10. NEW BUSINESS
10.1. Accept report and presentation on ownership alternatives for sanitary sewer lateral and water service line and receive direction from Council to proceed with a corresponding amendment to the City of St. Helena Municipal Code ordinance.
CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer Recommendation:
Provide direction to staff on options presented.
Staff Report - Pdf
115 - 120
10.2. Approve Formation of Measure H Oversight Committee CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Approve the attached resolution forming an Ad Hoc Measure H Oversight Committee.
Staff Report - Pdf
121 - 132
11. ADJOURNMENT
The next Regular City Council meeting is scheduled for December 13, 2022, at 6:00 p.m.
This agenda was posted at City Hall, 1572 Railroad Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on November 18, 2022.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.
Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.
Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
St. Helena
Water and Wastewater Commission
This presentation has been designed using resources from PoweredTemplate.com 1 Agenda Item #7.1.
34% of annual expenses
63% of capital improvement projects
Public engagement
Reduce staff time
How not What
2 Agenda Item #7.1.
Act as required oversight for Measure H
Assume duties of Water Advisory Board
Advisory Commission for all Water and
Wastewater related matters
3 Agenda Item #7.1.
A permanent commission
Perception
Delegate Tasks
4 Agenda Item #7.1.
PUBLIC ENGAGEMENT
5 Agenda Item #7.1.
Information approach: One-way
communication
Consultation approach: Two-way
communication
6 Agenda Item #7.1.
Regular City Council Meeting 11 Oct 2022
Example Tasks that could be assigned to a commission
7 Agenda Item #7.1.
STAFF TIME
8 Agenda Item #7.1.
Regular City Council Meeting 11 Oct 2022
Examples of Commission Tasks
9 Agenda Item #7.1.
STEPS TO AN ORDINANCE
10 Agenda Item #7.1.
Water and Wastewater are significant
Delegate appropriate tasks
Trust commission to provide solutions
Must have strong commission leadership
Stakeholders have a voice
Reduce staff time
11 Agenda Item #7.1.
Request
That the St. Helena City Council pass a resolution to create a St. Helena Water and Wastewater Commission and directs staff to draft a city ordinance to establish this Commission.
12 Agenda Item #7.1.
The following describes the Name of the Commission, the Purpose of the Commission, and the Duties and Responsibilities of the Commission which are selected from a larger DRAFT copy of suggested bylaws.
Excerpts from Water and
Wastewater Bylaws
ARTICLE I – NAME AND/OR AUTHORITY
The Name of this organization shall be the Water and Wastewater Commission of the City of Saint Helena, California; hereinafter referred to as the Advisory Body.
ARTICLE II –
PURPOSE
The Water and Wastewater Commission will act in an advisory capacity to the City Council in all matters pertaining to the Saint Helena water and wastewater systems and the maintenance and management thereof.
ARTICLE III – DUTIES AND RESPONSIBILITIES
The Water and Wastewater Commission shall have the ability, as vested by the City Council, and be required to:
Recommend to the City Council, after public input, the adoption, amendment, or repeal of ordinances relating to Chapter 13 Public Services of the Saint Helena Municipal Code. Make recommendations concerning proposed annual Water and Wastewater Department budgets, Capital Improvement Programs, Water and wastewater Rate Resolutions and Water Resale Applications.
Undertake studies and make recommendations in the area of Water Conservation and Water Supply Planning.
Act in an advisory capacity to the City Council in all matters pertaining to the Saint Helena water and wastewater systems and the maintenance and management thereof. Review and make recommendations to the City Council pertaining to the improvement and extension of the water and wastewater systems of the City, including sources, storage, quality, transmission and distribution of water to the inhabitants, and all subjects related thereto, including estimated costs of carrying out such recommendations. Review, monitor, and make long-range recommendations concerning securing sources of domestic water supply for the City; including re-examination of prior reports thereon to ascertain the value thereof, if any at this time. Receive complaints pertaining to the Saint Helena water and wastewater systems. Perform other duties as may from time to time be prescribed by the City Council.
Agenda Item #7.1.
Chapter 2.58
Water and Wastewater Commission
Sections
2.58.010 Membership
2.58.030 Meetings
2.58.040 Duties
2.58.010 Membership
The Water and Wastewater Commission (Advisory Body) shall consist of five (5) Water and Wastewater Commission members, hereinafter referred to as members. Membership, term of office, and procedures for removal of members and the filling of vacancies shall be as established by City Ordinance and by the BYLAWS of the Water and Wastewater Commission. The Water and Wastewater Commission shall be comprised of five (5) members. Four (4) members of the Water and Wastewater Commission shall be qualified electors of the city, and one member shall be a qualified elector of the county who resides outside of the city limits but within the city's water and wastewater service areas.
Prospective members shall file an application in the office of the City Clerk. Each City Resident member shall be appointed by motion of the City Council adopted by at least three affirmative votes. The non-resident member shall be appointed by a three-member majority of the city council and nominations for that appointment may be made by any Councilmember.
2.58.030 Meetings
The Advisory Body will hold its regular meeting at least once each month. If the scheduled date for a regular meeting falls on a holiday, such meeting shall be rescheduled in accordance with Council policy. If a majority of the membership deems it necessary or desirable, a scheduled regular meeting may be cancelled or rescheduled upon giving notice, unless a public hearing has previously been noticed. The Chair of the Advisory Body, staff, or a majority of the membership of the Advisory Body may call a special meeting. Notice of such meeting shall state the purpose or the business to be transacted during such special meeting. No other business may be transacted at such special meeting other than as stated in the notice. Oral Communications are not required at special meetings as long as a statement appears on the agenda identifying that there will be no Oral Communications, but that members of the public will have the opportunity to address the Advisory Body on item(s) on the agenda. Other meeting details shall be as established by the BYLAWS of the Water and Wastewater Commission.
Agenda Item #7.1.
2.58.040 Duties
The Water and Wastewater Commission shall have the ability, as vested by the City Council, and be required to:
• Recommend to the City Council, after public input, the adoption, amendment, or repeal of ordinances relating to Chapter 13 Public Services of the Saint Helena Municipal Code. • Make recommendations concerning proposed annual Water and Wastewater Department budgets, Capital Improvement Programs, Water and wastewater Rate Resolutions and Water Resale Applications.
• Undertake studies and make recommendations in the area of Water Conservation and Water Supply Planning.
• Act in an advisory capacity to the City Council in all matters pertaining to the Saint Helena water and wastewater systems and the maintenance and management thereof. • Review and make recommendations to the City Council pertaining to the improvement and extension of the water and wastewater systems of the City, including sources, storage, quality, transmission and distribution of water to the inhabitants, and all subjects related thereto, including estimated costs of carrying out such recommendations. • Review, monitor, and make long-range recommendations concerning securing sources of domestic water supply for the City; including re-examination of prior reports thereon to ascertain the value thereof if any at this time. • Receive complaints pertaining to the Saint Helena water and wastewater systems. • Perform other duties as established by the BYLAWS of the Water and Wastewater Commission.
• Perform other duties as may from time to time be prescribed by the City Council.
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Norman Manzer <[email protected]>
Sent: Friday, November 18, 2022 2:27 PM
To: Cindy Tzafopoulos
Subject: [External] Letter to the City Council
Hello Cindy – if I am supposed to submit a Letter to the Council in some other way, please let me know. Tx, Norm To: St Helena City Council
Subject: November 22, 2022 Council meeting with an Agenda item of citizens asking for a Citizen Water & Wastewater Commission for input on management of our St Helena Water Enterprise.
Dear Mayor Ellsworth and Council Members,
It is my understanding that at your November 22, 2022 meeting there is an Agenda item asking the Council to create a Citizen Water and Wastewater Commission to have input on the management of our St Helena Water Enterprise. I am asking that you favorably consider this proposal.
Thank you, Norm Manzer, St Helena
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: lana ivanoff <[email protected]>
Sent: Monday, November 21, 2022 12:34 PM
To: Cindy Tzafopoulos
Subject: [External] Water wastewater commission
Cindy
Could you please make sure the City Council members get this email from me.
Mayor Ellsworth, and St Helena City Council Members:
I strongly urge you to approve creating a Public Water/Wastewater Commission. I think public oversite of these utilities is long overdue.
Adding another “checks and balance” to our Water Enterprise should have happened years ago.
The timing is right for doing this now with all the upcoming infrastructure work that is planned.
We need a ‘historical’ component going forward, and I would go so far as to encourage you to not only creat a public commission, but appoint Tom Belt to be a member, given his extensive knowledge about our water system.
Thank you,
Lana Ivanoff
St Helena
Agenda Item #7.1.
November 21, 2022
Dear City Council,
While it may seem too big an undertaking due to staff shortages and heavy workloads, the benefits of establishing a permanent Water and Waste Water Commission- to function much like the Planning Commission only pertaining to all things water rather than buildings and land- will exceedingly outweigh any real or imagined issues that might crop up in your thinking.
You have been provided a sample Bylaws and Ordinance for a Water and Waste Water Commission. There are many capable citizens available in St. Helena who will assist in any way needed to facilitate the creation of this new Commission should you choose to go forward on this and desire skilled volunteer help for your staff. You need only to ask.
I think we can all agree there have been ongoing management challenges within our city government and more specifically the public works department. There are things that can be done about that. Let’s begin with proper oversight of our water enterprise.
The first step is to draft a city ordinance to establish the Water and Waste Water Commission.
Thank you for giving this subject your full and unbiased attention.
Respectfully,
Nancy Dervin
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Ross@gmail <[email protected]>
Sent: Monday, November 21, 2022 11:15 AM
To: Geoff Ellsworth; Anna Chouteau; Paul Dohring; Lester Hardy; Eric Hall Cc: Julia Bolander; Cindy Tzafopoulos
Subject: [External] Citizen Water/Wastewater Commission Hello All ‐
We are writing in support of establishing a permanent citizen's Water/Wastewater Commission to provide on‐going oversight and public engagement in the management one of the most critical issues facing our community.
Too often in recent years, water management has not practically received the priority it must have. A permanent citizen's commission whose focus is solely on water offers numerous benefits to the community as well as to the efficiency of city management.
Thank you for your attention to this matter. We'll attend the 11/22 meeting for the discussion of this important matter.
Respectfully,
‐ Ross Allen,
643 Pratt Ave.
Julie Bolander,
652 and 589 Pratt Ave.
Agenda Item #7.1.
Comments by Christopher J. Warner on Agenda Item 7.1 – Presentation by Garry Rose In Support of a Permanent “St. Helena Water and Wastewater Commission”.
My comments on Agenda Item 7.1, Garry Rose’s proposal for a permanent “Water and Wastewater Commission” are personal only and do not represent any other person or entity, private or public.
Although I have not yet decided whether a permanent “Water and Wastewater Commission” is a good idea or bad idea, I commend Garry Rose for teeing up a discussion of options for greater public engagement and transparency in creating recommendations for St. Helena’s water enterprises, including critically-needed strategic decisions on water infrastructure and supplies, capital improvements and water rates.
Over the last 40+ years, I have served on or participated in proceedings before regulatory commissions and legislative bodies, both advisory and decision-making, at the national, state and local levels. My comments below on the criteria and principles to use for deciding Garry’s proposal are based on that experience.
1. Any public process that enhances direct citizen participation in strategic and critical local governmental decisions, particularly those with major fiscal and public safety impacts, is a good thing, regardless of the merits of the recommendations provided by the citizen participants.
2. However, a significant risk of failure in enhanced citizen participation is where the citizen participation duplicates or attempts to substitute for the decision-making authority and accountability of a local government’s elected or professionally-delegated leaders and staff. This risk of failure is particularly high where the citizens may not be knowledgeable or have the time or access to the essential facts or expertise needed to provide useful and relevant recommendations or decisions that elected leaders and professional staff may need or have.
3. Citizen participation in local government decisions, when the participating citizens have professional and expert backgrounds and experience, can significantly enhance and improve the decision-making by elected leaders compared to over-reliance on limited governmental staff and “hired gun” consultants. For example, the expertise and professional experience of the volunteer members of the current water rates advisory committee can significantly improve the factual findings and implementation of water ratemaking and cost of service accounting, forecasting and financing that the existing staff and consultants may be unable to fully support, given limited resources.
4. Two models exist that are often used by public utility regulatory agencies to provide enhanced public and independent findings and evidence for consideration by regulatory decision-makers. These models can be used by local governments as well on complex strategic fiscal and regulatory decisions:
a. Separate “fact-finding” to provide a complete record for decision-making.
Many regulatory agencies employ administrative law judges or independent “factfinders” to assemble a factual, objective record that includes the key evidence and findings necessary for the ultimate regulatory decision-makers to consider Agenda Item #7.1.
before making their decision. This approach is used to supplement the advisory staff investigations, recommendations and reports that may not be sufficiently supported without the independent “fact-finding,” due to shortage of staff resources or time. The findings of the ”fact-finder” are not binding on the decision-makers, but are also intended to be focused on fact-finding, not necessarily recommendations on the merits of a particular decision based on the facts.
b. A formal “consumer advocate” role independent of the decision-makers and their staff, under which a person or group of persons is authorized to make independent findings and recommendations to decision-makers on the merits of a particular regulatory decision. The role is often intended to provide consumers most affected by the regulatory decision with a “one-stop shop” for coordinating and consolidating consumer views and input on the particular decision that is coming before the regulatory decision-making body. Obviously, the choice of who or what entity constitutes the “consumer advocate” is important, because their role is strictly advisory but also dependent on the credibility and expertise they bring to the complex issues associated with the pending regulatory decision.
They also must be willing to represent all consumers, not just one class which may have interests that conflict with other classes. The current St. Helena water rates advisory committee seems partially to fit this model.
5. Whatever approach the Council takes in responding to the “Water and Wastewater Commission” proposal, critical and long-overdue decisions on water and wastewater enterprise rates, capital investments and infrastructure safety must not be delayed. The St. Helena community in Measure H already has spoken very positively and emphatically in support of taxing itself to accelerate beginning the long delayed water infrastructure improvements necessary to protect public health and water supplies. More critical and essential decisions need to be made urgently to fill the remaining gaps in water infrastructure and public safety, and the existing water rate advisory committee along with staff and consultants are ably developing their recommendations on these additional critical decisions, including equitable and fiscally prudent methods for financing the decisions. The proposal for a permanent Water and Wastewater Commission should not delay these urgently needed decisions, nor “kick the can down the road” by delaying further decisions needed to sustain St. Helena’s water supply and services at a safe and fiscally sound level.
Christopher J. Warner
1434 Grayson Avenue
(415) 309-9572
November 20, 2022
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Maya DeRosa
Sent: Saturday, November 19, 2022 6:00 PM
To: Cindy Tzafopoulos
Cc: Anil Comelo; Joseph Leach
Subject: Fwd: [External] Water and Wastewater Commission Public comment
Maya DeRosa
Community Development Director
City of St. Helena
707‐967‐2783
Begin forwarded message:
From: Donna Hardy <[email protected]>
Date: November 19, 2022 at 9:07:40 AM PST
To: Maya DeRosa <[email protected]>
Subject: [External] Water and Wastewater Commission
Reply‐To: Donna Hardy <[email protected]>
Hello Maya,
Please see that this letter is distributed to the City Council Members. Thank You.
To all St. Helena City Council Members,
I just received notice that at the St. Helena City Council meeting on Tues. Nov. 22 will discuss creating a Water and Wastewater Commission to review all water related matters. With Phase II water emergency in 2021, continued Phase I in 2022, the pump recently going out in the Stonebridge well, new homes required to be water neutral for approval, and numerous other water related topics, I am in favor of creating such a board. Saint Helena's water supply and infrastructure is fragile with a limited amount of water which we must work together to preserve. If usage increases, or the supply decrease through continued drought we will be in real trouble.
Respectfully Submitted by,
Donna Hardy
620 Harvest Lane
Saint Helena, CA 94574
707 963-2928
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Chris Fowler <[email protected]>
Sent: Tuesday, November 22, 2022 1:39 PM
To: Public Comment
Subject: [External] Comment for Agenda Item 7.1 of Nov. 22 CC Meeting Hi Cindy, I hope this finds you well and getting ready for an enjoyable Thanksgiving! Can you please submit the below for public comment? Much appreciated.
Mayor Ellsworth & Council,
I think it would behoove The City to implement and establish a permanent Water & Wastewater Commission. This is something that should have been done years ago; decades ago in reality. Let's continue the work that the whole of our current CC has done to right the misteps and miscalculations of the past. Public oversite and input of our community's water enterprise needs to happen.
Have a joyus Thanksgiving and holiday season.
Much Appreciated,
Chris Fowler
Alan's St. Helena
1310 Oak Avenue
Saint Helena, CA 94574
707.963.9294
[email protected]
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Elaine de Man <[email protected]>
Sent: Tuesday, November 22, 2022 7:41 AM
To: Cindy Tzafopoulos
Subject: [External] Proposed Citizen's Water and Wastewater Commission Good morning, Cindy.
Please distribute the following to the mayor and members of the city council.
Thank you.
Mayor Ellsworth and Members of the City Council,
There is a great deal of dissatisfaction among the residents of St. Helena concerning water rates and an apparent inequity in how those rates are applied and fear about dwindling water supplies and future allotments and distribution.
There is also valid concern about what might have happened to the $22.5 million that was projected to be collected out of the increased water rates from the 2016 utility rate study.
That money was supposed to be used to pay for improvements in the city’s water capital improvement program. But was it? Apparently, only $14.5 million has been spent on water infrastructural improvements. What happened to the rest of the $8 million? Or was there an error in the projection?
And if the city needs to raise water rates yet again to meet the $50 million projected to take care of the city’s water capital improvements over the next 7 years, how is that rate increase going to be distributed?
We know that we are not alone in thinking there needs to be a change in the way St. Helena manages its water enterprise. Consequently, we are encouraging the city council to take advantage of the educated concern and expertise of members of our community and approve a citizen's water and wastewater commission. By having an active role in the management of St. Helena’s utility enterprise, this commission, like many other commissions throughout California, might also help restore faith in the operation of the city's water enterprise.
Sincerely,
Elaine de Man & Jordan Coonrad
St. Helena
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: [email protected]
Sent: Monday, November 21, 2022 2:46 PM
To: Cindy Tzafopoulos
Subject: [External] Support for an independent water and waste water commission To whom it may concern,
We would like to urge the city council to form such a commission. This is such an important issue in this town; it deserves to be headed by an ongoing independent committee of knowledgeable citizens, not affected by elections and staffing changes, that can know and maintain the institutional history surrounding this critical issue.
Thank you,
Jennifer and John Muhlner
Sent from my iPhone
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Karen Nolan <[email protected]>
Sent: Monday, November 21, 2022 6:33 PM
To: Cindy Tzafopoulos
Subject: [External] St. Helena Water and Wastewater Commission Follow Up Flag: Follow up
Flag Status: Flagged
I support the establishment of a permanent St Helena Water and Wastewater Commission. I have resided in my home on Madrona Avenue for almost forty years and the same city issues keep coming up. It seems to me that when someone new comes along it slows down any progress that has been made and tends to go back to square one. And, the costs of hiring people to do the research over and over again is maddening. The cost of our water continues to go up which is alarming.
I would like to see a future here and have a reasonably nice garden and reasonable water rates. I understand there is currently a drought and there are currently limited resources. No, I don't want to move to Arizona or Texas and have rock and cactus garden.
Thank you for your consideration!
Respectfully,
Karen J Nolan
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Leslie Stanton <[email protected]>
Sent: Monday, November 21, 2022 7:39 PM
To: cityclerk
Subject: [External] 7.1 Proposed Water and Wastewater Commission Follow Up Flag: Follow up
Flag Status: Flagged
To All City Council Members -
Thank you for putting 7.1 on the Agenda and for agreeing to listen to the presentation by Garry Rose.
I believe that having a permanent Water and Wastewater Commission would be a benefit to City Staff, the Council and go a long way in helping Saint Helena citizens to not only understand this complicated mess we're in but also help promote cooperation between all entities. Right now, citizens are frustrated and angry by perceived mishandling, misspending and misappropriation of water and wastewater funds, and inaction to start and/or complete necessary infrastructure projects. Since City Staff members are usually not members of the Saint Helena community and often don't last long as City employees, a Citizens Commission would have not only have long term knowledge, but a stake in the process.
Please commit to the concept of a permanent water and wastewater commission to oversee these enterprises.
Thank you, Leslie Stanton
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Lester Hardy
Sent: Monday, November 21, 2022 5:30 PM
To: Anil Comelo
Cc: Cindy Tzafopoulos
Subject: Fw: [External] Water/waste water
Follow Up Flag: Follow up
Flag Status: Flagged
From: Linda Rose <[email protected]>
Sent: Sunday, November 20, 2022 1:37 PM
To: CityCouncil <[email protected]>
Subject: [External] Water/waste water
Dear Mayor and City Council members,
It is very important that you proceed with forming a Water and Waste Water Commission. Agenda item 7.1. Water is the biggest issue we have in St, Helena. We need a good way to facilitate community involvement and support. Measure H requires an oversight committee and this would be much better as part of a long term Commission to insure continuity.
Thank you,
Linda Rose
St. Helena
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Mimmo524 Vineyard <[email protected]>
Sent: Tuesday, November 22, 2022 1:16 PM
To: Cindy Tzafopoulos
Subject: [External] Letter to City Council for Meeting
Hi Cindy,
Please ensure that my letter gets to the the Council members for tonight’s meeting.
Thank you.
Michael Caldarola
Dear City Council Members,
Please give careful and thoughtful consideration to the concept of establishing a Water and Wastewater Commission. Many members of the community passes experience and expertise in water and wastewater conservation and management that could be very helpful to the St. Helena as we face continue pressure on our water resources and infrastructure. At this time, it isn’t necessary for the Council work out the details such as the composition and functions of a commission. Rather, the pertinent question is whether a commission is a good idea: could a commission in collaboration with staff be helpful? I believe it could.
Thank you.
Michael Caldarola
1671 Vineyard Avenue
St. Helena
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Pat Dell <[email protected]>
Sent: Monday, November 21, 2022 7:51 PM
To: cityclerk
Subject: Fwd: [External] Delivery Status Notification (Failure) Attachments: icon.png
Follow Up Flag: Follow up
Flag Status: Flagged
Cindy, This didn't go through because of Eric Hall address. Can you make sure it gets to all City Council members? Pat ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Mail Delivery Subsystem <mailer‐[email protected]> Date: Mon, Nov 21, 2022, 7:11 PM
Subject: Delivery Status Notification (Failure)
To: <[email protected]>
Address not found
Your message wasn't delivered to [email protected] because the domain cityofsthelena.or couldn't be found. Check for typos or unnecessary spaces and try again.
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The response was:
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Agenda Item #7.1.
2 From: Pat Dell <[email protected]>
To: Geoff Ellsworth <[email protected]>, Paul Dohring <[email protected]>, Anna Chouteau <[email protected]>, Lester Hardy <[email protected]>, [email protected] Cc:
Bcc:
Date: Mon, 21 Nov 2022 19:11:42 ‐0800
Subject: Formation of a water commission consisting of residential water customers.
Dear Mayor Ellsworth, Vice‐Mayor Dohring and all City Council Members I fully support the formation of a committee that includes residential water customers. This commission will do research and make recommendations on the structure of billing commercial and businesses, and customers using St. Helena water but not living in the City of St. Helena. I was a member of a committee studying water/sewer rates and making recommendations a few years ago. We discussed tiered rates and that was never approved. It needs to be approved.
The burden of paying for expensive water and sewer has always fallen on the residential customer living in the City of St.
Helena. There are wineries that don't even have a water agreement. Please seriously consider the establishment of this committee. Pat Dell
Agenda Item #7.1.
1 Cindy Tzafopoulos
From: Pat Friday <[email protected]>
Sent: Monday, November 21, 2022 6:23 PM
To: CityCouncil; Cindy Tzafopoulos
Subject: [External] Permanent Water and Wastewater Commission Follow Up Flag: Follow up
Flag Status: Flagged
Hello City Council members,
I think the creation of a permanent water and wastewater commission is a good idea. With the turnover of City Council members and City staff, having a commission like this could provide continuity. There is quite a bit of history and knowledge in the minds of many who have served St. Helena over the years, and this commission could proactively tap into that wealth of information.
Our water and wastewater are a big part of our city budget, and is probably the #1 concern of residents in St. Helena.
Thank you for giving this serious consideration,
Pat Friday
Pat Friday
1430 Wallis Court
St. Helena CA 94574
707.484.4579
Agenda Item #7.1.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: CONSENT ITEMS
Subject: October 2022 Review and Forecasting of City Water Supply Availability
CEQA
Determination:
Exempt
Prepared By: Ian Dale, Environmental Services Tech
Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager
BACKGROUND
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of July 27, 2021, the City Council requested City staff enhance the monthly water report to include a forecast of available water supply, consistent with the adopted Urgency Ordinance. This request is consistent with the City's Fiscal Year 2021-22 Council Goal to develop a Comprehensive Water Security Framework, and the recently developed Framework that includes a goal to "Maximize Conservation During Water Emergency" and subtask 1C to "provide customers with comparison of actual vs. projected water demand" as well as Framework Goal Improve Consumer Satisfaction and Confidence" and subtask 3C to "additional analytical tools to improve consumer confidence."
Agenda Item #8.1.
DISCUSSION
City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for October 2022. The water produced for October 2022 is up by 12% when compared to October 2021 and is down -29% compared to the average of October 2018-2020. Below is a chart summarizing the water produced or delivered per source:
Water Produced or Delivered per Source
Source
Average (2018 -
2020)
(Acre-Feet)
October 2021
(Acre-Feet)
October 2022
(Acre-Feet)
Bell Canyon 90 19 65
Stonebridge Wells 34 44 22
Napa Water 57 54 43
Total 182 117 130
Percent change from average of October 2018 - 2020: -29% Percent change from October 2021: 12%
Bell Canyon Reservoir
The City is still in drought conditions. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year with Phase I conservation measures in effect. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of November 1, 2022, Bell Canyon Reservoir elevation was at 409.57 feet representing approximately 1,505 acre feet (AF) and 63.13% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on November 1st in 2020, 2021, and 2022.
Year 2020 2021 2022
Bell Canyon Elevation Level 399.49 Ft. 414.56 Ft. 409.57 Ft.
Acre Feet 922 AF 1,836 AF 1,505 AF
Percent Capacity 38.7% 76.7% 63.13%
As a follow up to the May 24th City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to implement Phase I and Phase II drought restrictions in 2020.
Continued Water Conservation
Agenda Item #8.1.
California experienced two consecutive dry years 2020 and 2021 and drought conditions state-wide persist. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March, have required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction does not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate to receive one.
Due to the ongoing drought conditions, Phase I Water Emergency remains in effect. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of October 2022, Rutherford Pump Station was producing an average of 0.45 MG/day for a total of 43 acre feet (AF) for the month.
ATTACHMENTS
MWR October 1-31 2022
Attachement 3 - Bell Canyon Water Forecast October 2022 Attachement 2 - October Bell Canyon Reservoir Storage With Phase I II Agenda Item #8.1.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS
STRALLA
WATER PLANT
TK #1 & #2
ADJUST
65.42 21.31 -0.14
50.3% -0.3%
42.67 MG MG
2.29 MG MG
1.40 MG MG
1.85 MG MG
% %
243.24 AF 42.6% 105.52 AF 20.8%
79.23 MG 34.37 MG
190.92 AF 33.4% 209.87 AF 41.3%
62.19 MG 68.36 MG
137.29 AF 24.0% 192.98 AF 38.0%
44.72 MG 62.86 MG
TOTAL WATER PRODUCED 571.45 AF 100.0% 508.37 AF 100.0%
DELIVERY (ALL)
0.09 0.08
409.57 FT. FT.
-1.31 FT. FT.
490.52 MG MG
63.1 % %
0.00 IN IN
1.14 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only. -0.44
October 1-31, 2022
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 22.03 0.51 43.01
AMOUNT PRODUCED in MG 7.17 0.17 14.01
PERCENT 16.9% 33.1%
WATER DELIVERY (AGGREGATE)
TOTAL DELIVERY THIS PERIOD 38.01
MAXIMUM DAILY DELIVERY 2.33
MINIMUM DAILY DELIVERY 0.52
AVERAGE DAILY DELIVERY 1.23
WATER YEAR TOTALS
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
ELEVATION BELL CANYON RESERVOIR 414.56
STONEBRIDGE APARTMENTS MG/Oct 1 -31 0.11 MG/Oct 1-31
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Oct 1 -31 0.01 MG/Oct 1-31
TEMPERATURES
MONTHLY RISE OR DROP 19.93
CAPACITY AT END OF PERIOD 598.45
PERCENT OF FULL CAPACITY 76.7
RAINFALL IN THIS PERIOD 11.74
TOTAL RAINFALL SEASON TO DATE 11.74
THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 78.1 - 49.3 44 - 90
Updates will be provided if any errors are identified.
AVERAGE 63.7 63.5
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.45 MG/day during October 2022.
Agenda Item #8.1.
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2250
2,188
2000
1,963
1750
\l 1,766 \\ 1,767
A 1500 \\ 1505
Entered Phase 1 - 1,431 Acre Ft.
Supply Level (Acre Feet
1250
Historic ' 1000 Projected
Entered Phase 2 - 939 Acre Ft.
\826
750 \\741
V 683
50° 596 Acre Feet* 479‘
250
25% reserve for fire
0 51"» .9’ 3:» qt» $5 ’\ ‘ix W "L
I
’)z :9» rib q/"L qt)» WW:9» :9» ’1« ff)
/
'5 '5
’ "3 ff) ff; ,3) '73 :1} Wk ?y I b« my 9}
\\§ $90 (029 05} $0“ 00° go ((59 §’5‘ VQJ‘®'z>*30° \‘§ $290(?e? 05} $0“ 00° 9° ((0 §$?>‘VQ‘go‘ 9° \& V§° 932,905“ $0“ 095’9° ((0 ¢7>‘ >9‘®7>*9° Agenda Item #8.1.
Bell Canyon Reservoir Stage-Storage Relationship
430
420 Spillway Elevation = 422 feet
410
§ � 400
·- QJ -1--' - ro ro
> QJ
Q) V)
UJ c 390
QJ ro
u QJ
� E
:l � 380 (/') 0 ._ ...Cl � ro
ro -1--'
$ � 370
::::..
360
350
340
0 500 1000 1500 2000
Reservoir Storage (acre-feet)
2500 Agenda Item #8.1.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: CONSENT ITEMS
Subject: Receive and File FY 2021-22 Annual AB 1600 Report on Development Impact Fees.
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
Cities and counties often charge fees on new development to fund public improvements to mitigate the impact of development activity. These fees are commonly known as development impact fees and are generally collected at the time building permits are issued for residential and commercial construction. Impact fees are established by ordinance and as required by law, these fees are segregated from the General Fund and accounted for in special revenue funds.
In 1989, the State Legislature passed Assembly Bill 1600 (AB 1600), which added Sections 66000 et seq. to the California Government Code, commonly known as the Mitigation Fee Act. Under AB 1600 the City is required to make available to the public a report on development impact fees. The report must be made available within 180 days of the close of the fiscal year.
This Report Provides: Descriptions of each Development Impact Fee, Amount of the Fee, Beginning and Ending Balances of each Impact Fee Account, Identification of Public Improvements in which Fees were Expended, Schedule for Commencement of Certain Public Improvements to be Funded with Impact Fees, Description of any Interfund Transfer or Loan, and the Amount of Refunds Paid, if any, from Development Impact Fees.
Agenda Item #8.2.
DISCUSSION
The Annual AB 1600 Development Fee Report for Fiscal Year Ending June 30, 2022 was made available to the public on November 07, 2022 (Attachment 1).
Per Section 66006(b)(1) of the California Government Code the annual report must include the following specific reporting requirements:
1. A brief description of the type of development impact fee in the account/fund;
2. The amount of the fee;
3. Beginning and ending balances of the account/fund, the amount of fees collected, and the interest earned;
4. An identification of each public improvement on which fees were expended together with the amount of such expenditures;
5. Information regarding the schedule for commencement of certain public improvements to be funded with development fees;
6. A description of any interfund transfer or loan; and
7. The amount of refunds paid, if any, from a particular fund.
The City of St. Helena development fees covered by AB 1600, and documented in Attachment 1, include the following:
1. Public Safety Impact Fees (pages 1 and 2 of report)
2. Civic Improvement Impact Fees(pages 1 and 3 of report)
3. Park Improvement Impact Fees (pages 1 and 4 of report)
4. Traffic Mitigation Impact Fees (pages 1 and 5 of report)
5. Storm Drain Improvement Impact Fees (pages 1 and 6 of report)
6. Affordable Housing Impact Fees (pages 1 and 7 of report)
7. Water Impact Fees (pages 1 and 8 of report)
8. Sewer Impact Fees (pages 1 and 9 of report)
FISCAL IMPACT
There is no fiscal impact associated with this report.
RECOMMENDED ACTION
Receive and file Annual AB 1600 Development Fee Report for Fiscal Year Ending June 30, 2022.
ATTACHMENTS
Attachment 1 - FY2022 AB1600 Report
Agenda Item #8.2.
This report summarizes the following information for each of the development impact fee programs:
• A brief description of the fee program
• A schedule of fees
• A schedule of projects
• Expenditures by project
• Five‐year historical collection and expenditure schedule Public Safety
Impact
Civic
Improvement
Impact
Park Impact
Traffic
Mitigation
Impact
Storm Drain
Improvement
Affordable
Housing Water Impact Sewer Impact
Fund 216 Fund 713 Fund 734 Fund 740 Fund 742 Fund 751 Fund 764 Fund 774 $ 534,968 $ 733,323 $ 987,542 $ 2,719,290 $ 798,601 $ (981,635) $ 362,414 $ 652,120 $ 61,333 $ ‐ $ ‐ $ ‐ $ ‐ 1,517,491 843,684 165,211 1,257 1,726 2,371 6,339 1,867 709 862 1,517 19,863 29,314 97,973 33,989 15,974 2,226 21,158 5,904 ‐ ‐ ‐ ‐ 1,433,693 18,542 2,918 ‐ ‐ ‐ ‐ ‐ ‐ ‐
21,120 31,040 100,343 40,328 17,840 1,436,628 40,562 10,340 768 2,499 ‐ 768 768 114,808 768 768 94,182 ‐ ‐ ‐ 101,824 ‐ 70,288 230,865 94,949 2,499 ‐ 768 102,591 114,808 71,055 231,633 (73,829) 28,541 100,343 39,560 (84,751) 1,321,820 (30,494) (221,293) 522,472 761,864 1,087,885 2,758,850 713,849 1,857,676 1,175,605 596,038 *See 5‐year CIP adopted by City Council on June 8, 2021.
The table below shows the activity for each impact fee fund for the fiscal year 2021‐2022:
The City of St. Helena has eight (8) impact fee funds: Public Safety Impact, Civic Improvement Impact, Park Impact, Traffic Mitigation Impact, Storm Drian Improvement, Affordable Housing, Water Impact, and Sewer Impact. Each fee is accounted for in a separate fund within the records of the City of St. Helena.
Fees Collected
Miscellaneous
Revenues
Operating Transfers
In
Beginning Balance,
7/1/21
Ending Balance,
6/30/22
REVENUE
Government Code Section 66006 requires local agencies to submit an annual report detailing the status of development impact fees. The annual report must be made available to the public within 180 days of the close of the fiscal year and be presented to the public agency (City Council) at a regularly scheduled public meeting no sooner than 15 days after the report is made available to the public.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
TOTAL
Excess Revenue
Over/(Under)
Expenses/Expenditur
TOTAL
Non Departmental
Expense
Transfer to Other
Funds*
Long‐term
Receivable
Interest Earnings
EXPENSE/EXPENDITURES
The following pages discuss each fund in more detail and include a revenue and expenditure summary from 7/1/21 ‐ 6/30/22.
ATTACHMENT 1
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Public Safety Impact Fee ‐ Fund 216
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
596,301 582,770 485,551 413,657 395,498 1,257 3,522 5,319 4,201 2,907 19,863 16,527 92,033 56,109 17,628 ‐ ‐ ‐ 12,271 ‐ $ 21,120 $ 20,049 $ 97,352 $ 72,582 $ 20,535 768 6,518 133 688 ‐ 94,182 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 2,376 $ 94,949 $ 6,518 $ 133 $ 688 $ 2,376 (73,829) 13,531 97,219 71,894 18,159 522,472 596,301 582,770 485,551 413,657 Operating Transfers In
Total Revenues
Expenditures
Revenues over (less than) expenditures
Fund Balance, June 30
Development Impact Fee Study
Police Department Interview Room Remodel
Total Expenditures
Type 1 Fire Engine
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Expenditure by Project
Project
Type 1 Fire Engine Purchase
5‐Year Collection and Expenditure Schedule
FY 2021‐22 Expenditures Estimated % of Total Project Funded with Development Fee
$ 94,182 11.6% Project Anticipated Construction
Start
Estimated 5‐year Project
Costs
Total Impact Fees
Section 22.5 of the City Code establishes this fund to accumulate revenues from fees on building permits to be used solely for equipment and facilities costs for the Police and Fire Departments. Vehicles, capital equipment, and building improvements are approved uses.
Description of Fees
Fee Schedule
Category Fee Basis
All Development Types $ 1.32 Square foot Scheduled Projects
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Civic Improvement Impact Fee ‐ Fund 713
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
733,323 716,815 599,889 626,442 614,652 1,726 4,828 7,395 6,341 5,424 29,314 19,879 137,549 77,790 35,319 ‐ ‐ ‐ ‐ ‐ $ 31,040 $ 24,707 $ 144,944 $ 84,131 $ 40,743 1,732 1,681 1,862 4,951 768 6,518 133 688 ‐ ‐ ‐ 292 9,468 28,954 ‐ ‐ 25,731 7,045 ‐ ‐ ‐ ‐ 88,532 ‐ $ 2,499 $ 8,199 $ 28,018 $ 110,683 $ 28,954 28,541 16,508 116,926 (26,552) 11,790 761,864 733,323 716,815 599,889 626,442 Total Expenditures
Revenues over (less than) expenditures
Fund Balance, June 30
Beginning Fund Balance
Revenues
General Plan
Corporation Yard Trailer Rental
Transfer to Other Funds (Misapplied Payments)
Interest Earnings
Impact Fees
Operating Transfers In
Total Revenues
Expenditures
Development Impact Fee Study
Phase I ‐ Feasibility and Visioning Study
Expenditure by Project
Project
5‐Year Collection and Expenditure Schedule
FY 2021‐22 Expenditures Estimated % of Total Project Funded with Development Fee
$ ‐ 0.0% Scheduled Projects
Project Anticipated Construction
Start
Estimated 5‐year Project
Costs
Total Impact Fees
Description of Fees
This fund is used to accumulate restricted funds from new development's proportionate share of the depreciated replacement of cost of a range of facility types including City Hall, corporation yard facilities, as well as library and recreation facilities.
Fee Schedule
Category Fee Basis
New Construction, Additions, Occupancy
Changes $ 2.48 Square foot
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Park Impact Fee ‐ Fund 734
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
987,542 979,598 960,234 745,701 574,528 2,371 6,647 13,163 9,270 5,993 97,973 54,379 411,746 257,861 165,180 ‐ ‐ ‐ ‐ ‐ $ 100,343 $ 61,025 $ 424,909 $ 267,132 $ 171,173 ‐ ‐ ‐ 52,598 ‐ ‐ 26,149 210,434 ‐ ‐ ‐ 24,508 19,753 ‐ ‐ ‐ 2,425 167,609 ‐ ‐ ‐ ‐ 7,750 ‐ ‐ $ ‐ $ 53,082 $ 405,545 $ 52,598 $ ‐ 100,343 7,944 19,364 214,534 171,173 1,087,885 987,542 979,598 960,234 745,701 C22‐01 Jacob Meily Park Upgrades $ ‐ 100.0% C22‐02 Crane Park Playground Equipment $ ‐ 32.0% Revenues over (less than) expenditures
Fund Balance, June 30
C19‐01 Lyman Park Restroom Improvements
Expenditures
C19‐02 Crane Park Tennis Courts
C19‐03 Crane Park Lighting Improvements
C20‐03 Skate Park Improvements
C20‐04 Baldwin Park Fence & Pathway Repair
Total Expenditures
5‐Year Collection and Expenditure Schedule
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Operating Transfers In
Total Revenues
C20‐04 Baldwin Park Fence & Pathway Repair $ ‐ 100.0% C22‐01 Jacob Meily Park Upgrades FY 22/23 $ 125,000 $ 125,000 C22‐02 Crane Park Playground Equipment FY 21/22 $ 250,000 $ 80,000 Expenditure by Project
Project
C19‐03 Crane Park Lighting Improvements $ ‐ 99.7% FY 2021‐22 Expenditures Estimated % of Total Project Funded with Development Fee
C20‐03 Skate Park Improvements FY 19/20 $ 250,000 $ 250,000 C20‐04 Baldwin Park Fence & Pathway Repair FY 19/20 $ 89,100 $ 89,100 Total Impact Fees
C19‐03 Crane Park Lighting Improvements FY 19/20 $ 401,611 $ 400,411 Description of Fees
This fund is used to accumulate funds from new or proposed residential development solely for park land acquisition and park improvements.
Fee Schedule
Category Fee Basis
Multi‐Family Residential $ 15.50 Square foot Single Family Residential $ 9.11 Square foot Scheduled Projects
Project Anticipated Construction
Start
Estimated 5‐year Project
Costs
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Traffic Mitigation Impact Fee ‐ Fund 740
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
2,719,290 2,715,793 2,470,519 2,203,354 2,157,500 6,339 18,312 29,496 25,361 18,475 33,989 33,414 215,912 225,273 27,379 ‐ ‐ ‐ 17,218 ‐ $ 40,328 $ 51,726 $ 245,408 $ 267,852 $ 45,854 ‐ 41,711 ‐ ‐ ‐ 768 6,518 133 687 ‐ $ 768 $ 48,229 $ 133 $ 687 $ ‐ 39,560 3,497 245,275 267,164 45,854 2,758,850 2,719,290 2,715,793 2,470,519 2,203,354 Development Impact Fee Study
Total Expenditures
Revenues over (less than) expenditures
Fund Balance, June 30
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Operating Transfers In
Total Revenues
Expenditures
R20‐02 Mills Lane Storm Drain Project
Expenditure by Project
Project FY 2021‐22 Expenditures Estimated % of Total Project Funded with Development Fee
5‐Year Collection and Expenditure Schedule
Lodging $ 10.16 Square foot Scheduled Projects
Project Anticipated Construction
Start
Estimated 5‐year Project
Costs
Total Impact Fees
Office $ 6.82 Square foot Industrial $ 4.33 Square foot Commercial/Retail $ 26.58 Square foot Single Family Residential $ 2.47 Square foot Multi‐Family Residential $ 3.00 Square foot Description of Fees
This fund is used to accumulate funds from new or proposed development to finance circulation improvements to reduce the impacts of traffic generated by new development within the City.
Fee Schedule
Category Fee Basis
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Storm Drain Improvements Impact Fee ‐ Fund 742
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
798,601 790,010 696,348 629,314 605,812 1,867 5,311 8,430 7,161 5,242 15,974 9,797 85,365 55,456 18,260 ‐ ‐ ‐ 5,104 ‐ $ 17,840 $ 15,109 $ 93,795 $ 67,722 $ 23,502 101,824
768 6,518 133 687 ‐ $ 102,591 $ 6,518 $ 133 $ 687 $ ‐ (84,751) 8,591 93,662 67,034 23,502 713,849 798,601 790,010 696,348 629,314 R20‐02 Mills Lane Storm Drain Project
Development Impact Fee Study
Total Expenditures
Revenues over (less than) expenditures
Fund Balance, June 30
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Operating Transfers In
Total Revenues
Expenditures
Expenditure by Project
Project FY 2021‐22 Expenditures Estimated % of Total Project Funded with R20‐02 Mills Lane Storm Drain Project $ 101,824 10.4% 5‐Year Collection and Expenditure Schedule
Lodging $ 1.63 Square foot Scheduled Projects
Project Anticipated Construction Estimated 5‐year Project Total Impact Fees R20‐02 Mills Lane Storm Drain Project $ 6,761,640 $ 700,000 Description of Fees
This fund is used to accumulate funds from new development's proportionate share of planned drainage system improvements.
Fee Schedule
Category Fee Basis
Single Family Residential $ 0.93 Square foot Multi‐Family Residential $ 0.88 FY 20/21
Square foot
Office $ 2.10 Square foot Industrial $ 2.10 Square foot Commercial/Retail $ 2.10 Square foot
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Affordable Housing Fee ‐ Fund 751
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
535,856 2,034,173 2,079,949 1,553,155 1,466,161 709 3,254 5,849 7,202 8,066 2,226 106,784 317,631 176,224 80,340 ‐ ‐ ‐ 448,045 ‐ 1,429,111 ‐ ‐ ‐ ‐ 4,582 295 2,292 430 418 ‐ ‐ ‐ 54 26,288 $ 1,436,628 $ 110,333 $ 325,772 $ 631,955 $ 115,112 23,676 1,400,565 ‐ ‐ ‐ 4,469 185,884 316,884 438 (438) 11,523 4,075 ‐ 34,251 5,863 4,800
(40) ‐ ‐ 40,000 2,938 ‐ ‐ ‐ ‐ ‐ 3,297 10,129 29,664 20,472 19,754 67,083 7,998 ‐ ‐ ‐ ‐ ‐ 25,000 10,000 ‐ $ 114,808 $ 1,608,650 $ 371,548 $ 105,162 $ 28,117 1,321,820 (1,498,317) (45,776) 526,793 86,994 1,857,676 535,856 2,034,173 2,079,949 1,553,155 Contributions from Government
963 Pope Street OTSH
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Operating Transfers In
Total Revenues
Expenditures
Development Impact Fee Study
Annual Monitoring Fees
Turley Flats Project
723 Hunt Avenue Acquisition Project
HOME Administrative Fees
HOME FUNDS
Brenkle Court Project
Expenditure by Project
Project FY 2021‐22 Expenditures Estimated % of Total Project Funded with 5‐Year Collection and Expenditure Schedule
Lodging $ 3.80 Square foot Scheduled Projects
Project Anticipated Construction Estimated 5‐year Project Total Impact Fees Office $ 4.11 Square foot Industrial/Winery $ 1.26 Square foot Commercial/Retail $ 5.21 Square foot Category Fee Basis
Single Family Residential 2.50% Construction Cost
Multi‐Family Residential 2.50% Construction Cost
Description of Fees
This fund is used to accumulate funds from new or proposed development in order to defray the costs of providing affordable housing in the City.
Fee Schedule
Total Expenditures
Revenues over (less than) expenditures
Fund Balance, June 30
Non‐Profit Grant Contribution
Affordable Housing Legal Fees
Housing Element Update
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Water Impact Fee ‐ Fund 764
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
1,206,098 1,175,854 1,034,630 903,746 843,606 862 2,360 3,128 1,945 1,412 21,158 16,238 120,433 62,775 27,084 18,542 18,164 17,796 17,438 31,643 ‐ ‐ ‐ 49,413 ‐ $ 40,562 $ 36,762 $ 141,357 $ 131,572 $ 60,140 70,288 ‐ ‐ ‐ ‐ 768 6,518 133 688 ‐ $ 71,055 $ 6,518 $ 133 $ 688 $ ‐ (30,494) 30,244 141,224 130,884 60,140 1,175,605 1,206,098 1,175,854 1,034,630 903,746 S21‐01 WWTP Recycled Pipeline & Station FY 21/22 $ 130,000 $ 95,000 S21‐01 WWTP Recycled Pipeline & Station $ 70,288 73.1% Revenues over (less than) expenditures
Fund Balance, June 30
S21‐01 WWTP Recycled Pipeline & Station
Development Impact Fee Study
Total Expenditures
Revenues
Interest Earnings
Impact Fees
Miscellaneous Revenues
Operating Transfers In
Total Revenues
Expenditures
W00‐35 Bell Canyon Reservoir Improvements $ ‐ 15.0% W00‐85 Bell House Valve Replacement $ ‐ 13.1% 5‐Year Collection and Expenditure Schedule
Beginning Fund Balance
Expenditure by Project
Project FY 2021‐22 Expenditures Estimated % of Total Project Funded with W00‐85 Bell House Valve Replacement FY 21/22 $ 575,275 $ 75,144 Square foot
Scheduled Projects
Project Anticipated Construction Estimated 5‐year Project Total Impact Fees W00‐35 Bell Canyon Reservoir Improvements FY 21/22 $ 900,000 $ 135,000 Office $ 2.08 Square foot Industrial $ 2.76 Square foot Commercial/Retail $ 4.02 Square foot Description of Fees
This fund is used to accumulate funds from new or proposed development to pay for water system capital improvements needed to support new development.
Fee Schedule
Category Fee Basis
Single Family Residential $ 2.03 Square foot Multi‐Family Residential $ 1.63 Square foot Lodging $ 4.05
Agenda Item #8.2.
City of St. Helena
AB1600 Annual Report
Development Impact Fees
Fiscal Year Ended June 30, 2022
Wastewater Impact Fee ‐ Fund 774
FY 21/2022 FY 20/2021 FY 19/2020 FY 18/2019 FY 17/2018
817,331 810,352 772,109 745,956 717,876 1,517 4,342 7,275 6,434 5,267 5,904 6,237 30,433 17,488 13,050 2,918 2,918 2,918 2,918 9,763 ‐ ‐ ‐ ‐ ‐ $ 10,340 $ 13,497 $ 40,626 $ 26,841 $ 28,080 205,000 ‐ ‐ ‐ ‐ 25,865
‐ ‐ 2,250 ‐ ‐ 768 6,518 133 688 ‐ $ 231,633 $ 6,518 $ 2,383 $ 688 $ ‐ (221,293) 6,979 38,243 26,153 28,080 596,038 817,331 810,352 772,109 745,956 S21‐01 WWTP Recycled Pipeline & Station
Fund Balance, June 30
Expenditures
S00‐52 WWTP Phase 1 Upgrades
Ranch Utility Vehicle
Development Impact Fee Study
Total Expenditures
Revenues over (less than) expenditures
5‐Year Collection and Expenditure Schedule
Beginning Fund Balance
Revenues
Interest Earnings
Impact Fees
Miscellaneous Revenues
Operating Transfers In
Total Revenues
S00‐52 WWTP Phase 1 Upgrades $ 4,535,814 4.5% S21‐01 WWTP Recycled Pipeline & Station $ 25,865 26.9% $ 724,077
S21‐01 WWTP Recycled Pipeline & Station $ 130,000 $ 35,000 Square foot
Lodging $ 1.11 Square foot Scheduled Projects
Project Anticipated Construction Estimated 5‐year Project Total Impact Fees Square foot
Multi‐Family Residential $ 0.84 Square foot Office $ 0.56 Square foot Industrial $ 0.75 Square foot Description of Fees
This fund is used to account for the cost of constructing and improving the wastewater treatment plant and sewer collection system in order to support new development.
Fee Schedule
Category Fee Basis
Expenditure by Project
Project FY 2021‐22 Expenditures Estimated % of Total Project Funded with Single Family Residential $ 0.57 Commercial/Retail $ 1.12 S00‐52 WWTP Phase 1 Upgrades FY 20/21 $ 15,966,174 FY 21/22
Agenda Item #8.2.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution approving the Final Map for 1780 Dean York Lane Subdivision Parcel Map and authorizing the City Clerk to Record the Final Map
CEQA
Determination:
Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager
BACKGROUND
On June 1, 2021, the Planning Commission approved Tentative Parcel Map subdividing a 2.23-acre parcel (APN 009-690-021) into two parcels. On July 27, 2021, City Council concurred with the Tentative Parcel Map approval.
This Project is located on the north side of Dean York Lane, approximately 300 feet northeast of Palmer Drive. The Tentative Parcel Map was approved for two residential lots. The Final Map (Exhibit A to Attachment 1) has been reviewed for compliance with Title 16 of the St Helena Municipal Code and the California Subdivision Map Act. The City Engineer has determined that the Final Map and the location and configuration of the lots created by this Final Map substantially comply with the previously approved Tentative Map approved on July 27, 2021.
DISCUSSION
The parcel is located in the LR-1A Zoning district which is designated for Low density Residential One Acre Minimum Development. Public utilities are available and within 200 feet to the proposed subdivided parcels. The subdivided parcels will have frontage and vehicular access to Dean York Lane which is a private road with easement allowing public access and public utilities.
Agenda Item #8.3.
The subdivision is consistent with the adopted 2040 General Plan Update.
The proposed northernmost parcel is currently developed as a single-family home, has an on-site well, access to City water and City sewer. The proposed southernmost parcel is undeveloped and has access to City water and City sewer only. No new development is proposed with this Final Map. A condition of approval was included with the Tentative map that future development will require a floor plan and compliance with the City’s Water Neutrality policy.
FISCAL IMPACT
There are no fiscal impacts to the City at this time.
RECOMMENDED ACTION
Approve the attached resolution approving the Final Map for the 1780 Dean York Lane Subdivision and authorizing the City Clerk to record the Final Map.
ATTACHMENTS
FINAL MAP.4163-02 PM_UNSIGNED
DRAFT.Resolution 2022-xx.Final Map.1780 Dean York Ln
Agenda Item #8.3.
PRELIMINARY
PARCEL MAP
OF THE LANDS OF
JOHN D. PALMER, TRUSTEE
AS DESCRIBED IN
DOCUMENT NUMBER 2022-0008298, N.C.R.
SITUATED IN THE CITY OF ST. HELENA
COUNTY OF NAPA, STATE OF CALIFORNIA
L8131
12/31/22
No.
Exp.
STAT E OF CA L I FOR N IA
R I C
H A R D A . M A D D
O C K R
OYE V RUS NA L LA ND
IO S
EF ORP
Agenda Item #8.3.
PARCEL TWO
1.00 ACRES±
PARCEL ONE
1.26 ACRES± GROSS
- 0.11 ACRES ±
1.15 ACRES± NET
DEAN YORK LANE (PRIVATE ROAD , WIDTH VARIES)
HUMPHRIES, TRUSTEES
2004-0050490, N.C.R.
KILLORAN
2016-0027151, N.C.R.
VALLIN
2019-0002677, N.C.R.
MOORE, TRUSTEES
2017-0014708, N.C.R.
ANSARI & JOHNSON TRUSTEES
2021-0003214, N.C.R.
TORRIGINO, TRUSTEE
1996-006026, N.C.R.
ANSARI & JOHNSON, TRUSTEES
2021-0003214, N.C.R.
IN PORTIONS OF R/Ws 263 OR 292 AND 532 OR 225, N.C.R.
RESIDENCE
PRELIMINARY
PARCEL MAP
OF THE LANDS OF
JOHN D. PALMER, TRUSTEE
AS DESCRIBED IN
DOCUMENT NUMBER 2022-0008298, N.C.R.
SITUATED IN THE CITY OF ST. HELENA
COUNTY OF NAPA, STATE OF CALIFORNIA
Agenda Item #8.3.
PRELIMINARY
PARCEL MAP
OF THE LANDS OF
JOHN D. PALMER, TRUSTEE
AS DESCRIBED IN
DOCUMENT NUMBER 2022-0008298, N.C.R.
SITUATED IN THE CITY OF ST. HELENA
COUNTY OF NAPA, STATE OF CALIFORNIA
TORRIGINO, TRUSTEE
1996-006026, N.C.R.
PARCEL ONE
PARCEL ONE
Agenda Item #8.3.
PRIVATE RIGHT-OF-WAY 532 O.R. 225, N.C.R
PARCEL ONE
PRELIMINARY
PARCEL MAP
OF THE LANDS OF
JOHN D. PALMER, TRUSTEE
AS DESCRIBED IN
DOCUMENT NUMBER 2022-0008298, N.C.R.
SITUATED IN THE CITY OF ST. HELENA
COUNTY OF NAPA, STATE OF CALIFORNIA
Agenda Item #8.3.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution approving the Final
Map for the 1780 Dean York
Subdivision Parcel Map and
authorizing the City Clerk to
Record the Final Map
RECITALS
A. On June 1, 2021, the Planning Commission approved
Tentative Parcel Map subdividing a 2.23-acre parcel
(APN 009-690-021) into two parcels. On July 27, 2021,
City Council concurred with the Tentative Parcel Map
approval; and
B. The parcel owner, John Palmer, submitted to the City for approval a Final Map; and
C. City staff has reviewed the proposed Final Map, attached hereto as Exhibit A, and finds it to be technically correct and that all applicable Final Map conditions of approval have been satisfied.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. Finds that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15315, which exempts minor land divisions of
properties in urbanized areas zoned for residential
commercial or industrial in four or fewer parcels
when the division is in conformance with the General
Plan and zoning, no variances or exceptions
required, all services and access to the proposed
parcels to local standards are available, parcels not
involved in a division of a larger parcel within the
previous two years, and parcels not having an
average slope greater that 20 percent; and
Agenda Item #8.3.
2. The location and configuration of lots to be created by the Final Parcel Map substantially comply with
the previously approved Tentative Parcel Map; and
3. The Final Parcel Map for the 1780 Dean York
Lane Subdivision Parcel Map, a copy of which is
hereby attached as Exhibit A and made part of
this Resolution, is hereby approved; and
4. The City Clerk is directed to transmit the Final
Map to the County Recorder of the County of
Napa for recording.
Approved at a Regular Meeting of the St. Helena City
Council on November 22, 2022, by the following vote:
Mayor Ellsworth: Vice Mayor Dohring:
Councilmember Hardy:
Councilmember Chouteau: Councilmember Hall:
APPROVED: ATTEST:
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #8.3.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a Resolution authorizing the City Manager to execute Amendment No. 3 to STH Contract: FY 2021-046 in the amount of $50,000 with Interwest for a total contract amount not-to-exceed $140,000 for Contract Planning Services.
CEQA
Determination:
Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On January 9, 2021, the City and Interwest Consultants entered into a Professional Services Agreement STH Contract:FY2021-046 to provide Planning staffing support for a not-to-exceed amount of $25,000 (Attachment 2). In April 2021, the first amendment to that contract was approved by City Council for an amount $15,000 to allow the planning support to continue to the end of the fiscal year (Attachment 2). The professional services included part-time general planning support for a variety of development applications the City may receive. On June 8, 2021, the City Council approved Amendment No. 2 to the agreement with Interwest increasing the contract amount by $50,000 to allow support work on processing development review applications. Based on the work occurred to date, the funds in that account are expected to be fully utilized by December 1, 2022.
DISCUSSION
There remain currently active projects that Interwest planners are processing and, with a vacant planning position, it is expected that their services will be necessary until this position is funded. Interwest is currently assisting with four Design Review applications.
The City's Senior Planner continues to work on discretionary applications in addition to managing the Housing Element and Safety Element updates.
Agenda Item #8.4.
Based on the department need, staff recommends approval of Amendment No. 3 to Interwest's professional services agreement (Attachment 3)
FISCAL IMPACT
The estimated fiscal impact of this contract amendment is $50,000 for a not-to-exceed amount of $140,000. The Adopted FY 2022-23 operating budget includes $50,000 for contract planning services.
RECOMMENDED ACTION
Staff recommends City Council adopt the attached resolution.
ATTACHMENTS
PSA Amendment #3 STH Contract FY2021-046-03A Interwest Planning Services Resolution- STH Contract FY2021-046 01A Interwest Planning Services 11-22-2022 Agenda Item #8.4.
Third Amendment to Professional Services Agreement STH Contract: FY 2021-046 Interwest AMENDMENT #3
FOR PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST; STH CONTRACT NO: 2021- 046 PERTIANING TO CONTRACT STAFF PLANNING SERVICES FOR AN ADDITIONAL $50,000 FOR A TOTAL AMOUNT NOT-TO-EXCEED $140,000.
This Third Amendment to Professional Services Agreement with Interwest STH Contract: FY 2021-046 dated January 19, 2021 ("Agreement") is made as of this 22nd day of November 2022 by and between the City of St. Helena and Interwest, Inc.
RECITALS
A. On January 19, 2021, The City of St. Helena and Interwest entered into an agreement to provide contract planning services to support the Planning Department with development review application processing; and
B. On April 27, 2021, the City Council authorized Amendment #1 for $15,000 for a total not-toexceed amount of $40,000; and C. On June 8, 2021, the City Counicl authorized Amendment #2 for $50,000 for a total not-toexceed amount of $90,000; and D. The City of St. Helena desires to continue utiziling Interwest to continue to assist the City through FY 2022-2023 on an as-needed basis in accordance with the established billing rates (Exhibit A); and
E. Expected services include processing a variety of discretionary planning applications, including site plan review and comment, inter-department coordination, staff reports and presentations to the Planning Commission; and
E. The City of St. Helena and Interwest now desire to amend the Agreement for an additional $50,000 for a total amount not-to-exceed $140,000.
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, is amended to read as follows:
“Total compensation shall not exceed $140,000…”
All other terms of the Agreement shall remain in full force and effect.
Entered as of the day and year first above stated.
Agenda Item #8.4.
Third Amendment to Professional Services Agreement STH Contract: FY 2021-046 Interwest 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
Agenda Item #8.4.
Attachment A – Compensation (Updated 12-1-22)
Cost
The rates listed below apply to all project types described in our Scope of Services.
Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. There is no charge for shipping, supply, or material costs.
InterWest St Helena Billing Rates
Effective 12-1-2022
Planning Services
Principal Planner $158
Senior Planner $142
Associate Project Planner $125
Assistant Planner $84
Administrative Assistant $63
Agenda Item #8.4.
Third Amendment to Professional Services Agreement STH Contract: FY 2021-046 Interwest CITY OF ST. HELENA
RESOLUTION NO 2022-
RESOLUTION OF THE COUNCIL OF THE CITY OF ST. HELENA AUTHORIZING AMENDMENT #3 FOR PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST; STH CONTRACT NO: 2021- 046 PERTIANING TO CONTRACT STAFF PLANNING SERVICES FOR AN ADDITIONAL $50,000 FOR A TOTAL AMOUNT NOT-TO-EXCEED $140,000.
RECITALS
A. On January 19, 2021, The City of St. Helena and Interwest entered into an agreement to provide contract planning services to support the Planning Department with development review application processing; and
B. On April 27, 2021, the City Council authorized Amendment #1 for an additional $15,000 for a total not-to-exceed amount of $40,000; and
C. On June 8, 2021, the City Council authorized Amendment #2 to STH Contract FY 2021-046 to continue to assist the City on an as-needed basis for an additional $50,000 for a total not-toexceed amount of $90,000; and D. The City of St. Helena desires to continue utilizing Interwest to continue to assist the City through FY 2022-2023 on an as-needed basis in accordance with the established billing rates (Exhibit A); and
E. Expected services include processing a variety of discretionary planning applications, including site plan review and comment, inter-department coordination, staff reports and presentations to the Planning Commission; and
F. The City of St. Helena and Interwest now desire to amend the Agreement for an additional $50,000 for a total amount not-to-exceed $140,000.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to execute Amendment No. 3 to STH Contract: FY2021-046 in the amount of $50,000 with Interwest for a total contract amount not-to-exceed $140,000.
Approved at a Regular Meeting of the St. Helena City Council on November 22, 2022, by the following vote:
Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Agenda Item #8.4.
Third Amendment to Professional Services Agreement STH Contract: FY 2021-046 Interwest Councilmember Hall: __________
APPROVED: ATTEST:
__________________________ __________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #8.4.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration of Approval of a resolution authorizing the City Manager to amend the current Community Development
Block Grant Coronavirus Response (CDBG - CV2 & CV3) to reallocate CDBG-CV funding from the Child Care Scholarship Program to St. Helena Utility Assistance Program.
CEQA
Determination:
Not a CEQA project
Prepared By: Martin Beltran, Senior Management Analyst
Reviewed By: Mandy Kellogg, Administrative Services Director Approved By: Anil Comelo, City Manager
BACKGROUND
On December 18, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $77.1 million in federal funds for the Community Development Block Grant Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) funding for local assistance. Funding for this Notice of Funding Availability (NOFA) is made available pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. This amount includes $5.9 million of unclaimed funds from tranche one (CV1), plus $54.4 million of new funds from tranche two (CV2) and $16.8 million from tranche three (CV3).
Eligible cities and counties were able to submit applications for CDBG-CV2 and CV3 funds under the NOFA. An allocation of $271,053 was made available to the City of St.
Helena through an over-the-counter application process. A maximum of three activities, including activities submitted under a previous CV1 application, were allowed under this application cycle and each activity must expend all funds within 24 months of the contract execution.
Agenda Item #8.5.
On February 23, 2021, City Council authorized staff to (1) submit an application under the CDBG-CV NOFA Rounds 2 and 3 in the amount of $200,000 for utility assistance and (2) request an amendment to the CDBG-CV1 Standard Agreement to include an additional $71,053 toward the childcare scholarship program.
Below is a summary of the CDBG-CV Activities:
Activity CDBG-CV Round 1 CDBG-CV Round 2
& 3 Notes
Childcare
Scholarship
Program
$74,484 Awarded
Utility Assistance $200,000 Proposed
Application
Childcare
Scholarship
Program
$71,053
Proposed
Amendment to
CV1 Award to Add
Additional
Funding
DISCUSSION
The City of St. Helena partnered with Community Resources for Children (CRC) to administer the childcare scholarship program, which provided childcare payment assistance to income eligible working families impacted by the COVID-19 pandemic. In addition to the CV1 and CV2/CV3 allocations that the City received, Community Resources for Children also received a large allocation from the State to provide childcare scholarships to low-to moderate-income families. Due to the lack of available childcare spaces in Napa County, CRC is unable to expend all of the funds awarded during the approved time frame and therefore requested that the City reallocate the funding to another program.
Reallocating the funding from the Child Care Scholarship Program to the Utility Assistance Program will provide additional utility assistance to help local residents enhance their access to local support services, meet their basic living needs, reduce financial stress, and improve their quality of life.
Upon approval, staff will work with HCD to amend these contracts to re-allocate the monies and work with the sub-recipients to ensure these dollars are spent efficiently in the community.
FISCAL IMPACT
The CDBG activities are 100% grant funded and allows for up to 13% of the grant allocation to be used for administrative costs.
Agenda Item #8.5.
RECOMMENDED ACTION
Resolution Approving an Amendment to the Community Development Block Grant Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) Standard Agreement to reallocate CDBG-CV funding from the Child Care Scholarship Program to St. Helena Utility Assistance Program.
ATTACHMENTS
Attachment 1: Amendment-Resolution-CV2-3
Attachment 2: Revision-Amendment-Form
Agenda Item #8.5.
APPENDIX D 1
Department of Housing and Community
Development
Revised 5/11/2022
CDBG-CV2 & CV3
NOFA
Appendix D: Sample Resolution of the Governing
Body
(Applicants are required to use this resolution in content and form.)
RESOLUTION NO. __________
A RESOLUTION APPROVING AN
AMENDMENT TO THE STANDARD
AGREEMENT FOR THE 2020 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
CORONAVIRUS RESPONSE ROUND 2 and
3 (CDBG-CV2 and CV3) NOFA DATED
DECEMBER 18, 2020
BE IT RESOLVED by the City Council of the City of St.
Helena as follows:
SECTION 1:
The City Council has reviewed and hereby approves the
submission to the State of California (“State”) of one or more amendments to its existing CDBG-CV2 and CV3 Standard
Agreement with the State numbered 20-CDBG-CV2-3-00295
(the “Standard Agreement”) pursuant to the State’s
December 2020 CDBG-CV2 and CV3 Notice of Funding
Availability (NOFA). The reviewed and approved
amendment(s) are presented in Section 2 of this Resolution.
SECTION 2:
Agenda Item #8.5.
APPENDIX D 1
Department of Housing and Community
Development
Revised 5/11/2022
CDBG-CV2 & CV3
NOFA
The following amendments to the Standard Agreement have been reviewed and approved by the City Council with
acknowledgement that all provisions of the Standard
Agreement other than those shown in the tables below shall remain unmodified.
Agenda Item #8.5.
APPENDIX D 1
Department of Housing and Community
Development
Revised 5/11/2022
CDBG-CV2 & CV3
NOFA
Existing Section Reference (if applicable):
Existing Provision:
20-CDBG-CV2-3-00295
The City of St. Helena partnered with Community Resources for Children (CRC) to provide childcare scholarships to low-to moderate-income families. The St. Helena Child Care Scholarship Program provides childcare payment assistance to income eligible working families impacted by the COVID-19 pandemic.
Amended Provision:
The City wishes to amend the original scope of work to continue their partnership with Upper Valley Family Center to offer utility assistance to low-to-moderate income households that have experienced financial hardship due to COVID-19.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements with respect to the
proposed amendments to the Standard Agreement
described in Section 2 above.
SECTION 4:
The City hereby authorizes and directs the City Manager, or designee*, to execute and deliver all applications and/or amendments and act on the City's behalf in all matters
pertaining to all such applications and/or amendments.
SECTION 5:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager, or designee*, is
authorized to enter into, execute, and deliver an amendment to the Standard Agreement and any and all other
Agenda Item #8.5.
APPENDIX D 1
Department of Housing and Community
Development
Revised 5/11/2022
CDBG-CV2 & CV3
NOFA
documentation which may be required by the State from time to time for the purposes of this grant.
SECTION 6:
If an amendment to the Standard Agreement is approved,
the City Manager, or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of
California from time to time in connection with this grant.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of St. Helena held on November 22,
2022, by the following vote:
[Instruction: Fill in all four (4) vote-count fields below. If none, indicate “0” for that field.]
AYES: _______ NOES: _______
ABSENT: _______ ABSTAIN: _______
____________________________________
Geoff Ellsworth, Mayor
City Council
STATE OF CALIFORNIA
City of St. Helena
I, Cindy Tzafopoulos, City Clerk of the City of St. Helena, State of California, hereby certify the above and foregoing to Agenda Item #8.5.
APPENDIX D 1
Department of Housing and Community
Development
Revised 5/11/2022
CDBG-CV2 & CV3
NOFA
be a full, true and correct copy of a resolution adopted by said City Council on this _22__ day of November, 2022.
Cindy Tzafopoulos, City Clerk of the City of St.
Helena, State of California
By: _____________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
CA HCD Revision / Amendment Request Form
Please complete the form below to request revisions or amendments to your CDBG-CV Standard Agreement under California Department of Housing and Community Development guidelines. A separate form must be completed for each agreement/award.
Part 1: Requested Revision / Amendment for:
Award Number:
Contractor/Grantee:
Grant Administrator (CDBG-CV) OR
CDBG Representative (Annual CDBG):
Person Completing Form:
Complete the Part 2: Contract Revisions and/or Part 3: Amendments sections below.
Remember, revisions do not require a new Standard Agreement, while amendments do.
Part 2: Contract Revisions
Choose revision types (Scope of Work, Timeline or Milestone, Beneficiaries or Other) and complete entries for those revisions. Revisions MAY NOT be implemented prior to execution unless CA HCD has provided written notice to proceed. Scope of Work Revision (Choose Itemize the Scope of Work and/or Change the Scope of Work)
Itemize the Scope of Work
Original Scope of Work: Proposed Itemized Scope of Work:
12/7/2021 Page 1
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Change the Scope of Work in a manner that does not change the overall budget, National Objective, or change activity type and does not reduce the number of estimated beneficiaries. If your request impacts these areas, STOP. You must request an Amendment.
Original Scope of Work: Proposed Scope of Work:
Timeline or Milestone Revision
Proposed revisions may only affect intermediate milestones; they MAY NOT affect start and end dates. An Amendment is required to change start or end date.
Original Milestones: Proposed Milestones:
Beneficiaries Revision
To qualify as a revision, proposed adjustments must increase the estimated number of beneficiaries WITHOUT increasing or decreasing the scope of work and WITHOUT changing the overall budget.
Original Estimated Increased Number
Number of Beneficiaries: of Beneficiaries:
12/7/2021 Page 2
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Other (Please Explain)
Original Item: Proposed Change:
Part 3: Contract Amendment
Include in this section adjustments that change the scope in a manner that requires a change to the awarded activity budget, including adding funds from other State CDBG funded activities, other CDBG-CV allocations, adding Program Income, and reducing funds from either State CDBG awarded funds or Program Income.
Contract Amendments must be fully executed by BOTH the Grantee and the CA HCD prior to implementation. Adjustments MAY NOT be implemented prior to execution unless CA HCD has provided written notice authorizing the Grantee to proceed.
Choose amendment type(s) (Scope of Work, Budget and Scope of Work, Beneficiaries, or Other) and complete entries for these amendments.
Scope of Work Amendment (Choose EITHER Add Scope or Reduce Scope) Add Scope beyond what was included in the original application Original Scope of Work: Proposed Scope of Work:
12/7/2021 Page 3
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Reduce Scope such that the activity is materially different from that in the original application.
Original Scope of Work: Proposed Scope of Work:
Budget and Scope of Work Amendment (Choose Change of Scope requiring adding funds, Change of Scope requiring reducing funds, and/or Budget Change.) Change to the Scope of Work that requires a change to awarded activity budget including ADDING FUNDS from other State CDBG funded activities or other CDBG-CV allocations or adding Program Income. Complete both the scope and budget information below.
Original Scope of Work: Proposed Scope of Work:
Budget Change
Original Scope of Work: Proposed Scope of Work:
Awarded Funds Total Funds Awarded Funds Total Funds
12/7/2021 Page 4
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Change to the Scope of Work that requires a change to awarded activity budget including REDUCING FUNDS from either State CDBG awarded funds or Program Income. Complete both the scope and budget information below.
Original Scope of Work: Proposed Scope of Work:
Budget Change
Original Scope of Work: Proposed Scope of Work:
Awarded Funds Total Funds Awarded Funds Total Funds
Budget change to awarded activity budget including adding funds from other CDBG-CV, CDBG annual funds, or Program Income allocation. If the budget line items (such as activity or activity delivery) are moved WITHOUT increasing or decreasing the overall budget, complete the Revision section instead.
Budget Changes
Original Scope of Work: Proposed Scope of Work:
Awarded Funds Total Funds Awarded Funds Total Funds
12/7/2021 Page 5
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Beneficiaries Amendment
Proposed adjustments should reduce the estimated beneficiary counts. If the number of beneficiaries is being increased WITHOUT increasing or decreasing the scope of work and WITHOUT changing the overall budget, complete the Revision section instead.
Original Estimated
Number of Beneficiaries:
Reduced Number of
Beneficiaries:
Other (Please Explain)
Original Item: Proposed Change:
Amendment Justifications and Assurances
Please include the following information for the proposed amendment.
1. Identify the reasons for the proposed amendment(s).
2. List steps being taken to avoid any future amendment(s) request(s) for the same reason(s).
12/7/2021 Page 6
Agenda Item #8.5.
CA HCD Revision / Amendment Request Form
Part 4: Grantee Approval and Acknowledgment
I approve the revision or amendment requested above. I acknowledge that if revisions are approved, they will be automatically incorporated into our current Standard Agreement. All other provisions of the agreement shall remain unchanged. I also acknowledge that if an amendment is approved, it must be fully executed by both the Grantee and the Department prior to implementation.
Name of Designated Official: Title of Designated Official:
Signature of Designated Official: Date:
12/7/2021 Page 7
Agenda Item #8.5.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: OLD BUSINESS
Subject: Discussion, Consideration, and Direction Regarding Requests from Our Town St. Helena for:
1.Extention of the acquisition loan term ($450,000 initial acquisition loan) from December 9, 2022 for an Additional 12- months to December 9, 2023. All other terms of the loan agreement would remain.
2.Extention of reimbursement to OTSH for interest payments on the RCAC loan, retroactively from November 1, 2022 to October 31, 2023, in the amount of $1,200 per month, not to exceed $14,400 with funds to be reimbursed to OTSH on a quarterly basis upon receipt of an invoice and accompanying documentation showing proof of payments to RCAC. The
source of funds would be the Affordable Housing Trust Fund.
CEQA
Determination:
Approval of a resolution amending the Loan Agreement for the acquisition of 963 Pope Street is governed by Section 15310 of State CEQA Guidelines which exempts the approval of mortgages of the purchase of existing structures where the loan will not be used for new construction.
Prepared By: April Mitts, Assistant City Manager
Reviewed By: Anil Comelo, City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On August 27, 2019, the City Council approved a loan to Our Town St Helena (OTSH) from the Affordable Housing Trust Fund to help OTSH acquire property at 963 Pope Street. On September 10, 2019, the City and OTSH entered into a loan agreement for $450,000 with zero percent interest and a 24-month term. The total purchase price of the Agenda Item #9.1.
property was $850,000 through a charitable sale. The remainder of the purchase was funded with a loan from Rural California Assistance Corporation (RCAC).
OTSH acquired 963 Pope Street on September 20, 2019. The property is a 0.29-acre lot containing a 966-square-foot two-bedroom, one-bathroom house, which is now rentrestricted and occupied. In September 2020, OTSH obtained entitlements from the City of St. Helena for four additional two-bedroom, one-bathroom units, designed as stacked flats in two duplexes, to be located behind the existing house. In 2021 the City reviewed the construction documents and the project was permit ready as of February 2022.
At the time the City loan was approved, the assumption was OTSH would be able to repay the acquisition loans with a construction loan or permanent financing before the loan matured in two years. OTSH has been working diligently with Napa Valley Community Housing to apply for and obtain construction and permanent financing for the project.
Funding applications are competitive, complex, time consuming and costly, and small infill projects are particularly challenging when competing with larger, urban projects. The challenge has been compounded by external market factors that are driving costs up, including labor and supply chain shortages, costs of fuel and inflation. The current estimated construction cost of the project is $2.6 million, and total funding need is $4.1 million to cover acquisition and soft costs.
In February 2022 the City Council approved a long-term loan in the amount of $250,000 from the Affordable Housing Trust Fund for the project. In March 2022, in partnership with Napa Valley Community Housing (NVCH), OTSH applied to the State of California’s HOME Program for approximately $850,000, the maximum allowed, and is awaiting an announcement in February 2023 (originally scheduled for October 2022). The project also received an anonymous donation of $250,000 with a matching request, a $100,000 grant award from the Gasser Foundation, and a $30,000 grant from Wells Fargo. These sources amount to $1.63 million, including the match, and will need to be combined with additional sources including grants, donations, and loans to move the project forward.
Discussions with private lenders are underway, and OTSH is planning to request additional long-term loans from the City’s and County’s Affordable Housing Trust Funds, along with other sources.
In August 2021, the City Council extended the acquisition loan term by 90 days to December 9, 2021 and in January 2022, extended it an additional year to December 9, 2022. Also, in December 2021, the City Council authorized the City’s Affordable Housing Trust Fund to reimburse OTSH for interest payments on the RCAC loan from December 2021 through October 2022 in an amount not to exceed $21,000. The interest payments have been lower than expected and the actual cost is $13,200.
Table 1 provides a summary of actions taken by Council to-date.
Table 1 - OTSH 963 Pope Council Actions
Agenda Item #9.1.
Date Resolution Item Funding
FY 19 -
8/27/19 2019-106 Bridge Loan for purchase of 963 Pope 450,000 FY 22 -
8/24/21 2021-103 Amendment #1 - 90-day extension ofBridge Loan FY 22 -
11/23/21 2021-148 Amendment #2 - 1 year extension of Bridge Loan FY 22 -
12/14/21 2021-152 OTSH Reimbursement of Interest OnlyPayments for RCAC 21,000 FY 22 - 2/8/22 2022-10 Permanent Loan for 963 Pope 250,000 TOTAL 821,000
DISCUSSION
In October 2021, OTSH purchased the adjacent property at 951 Pope Street with a private donation, and has been working on community outreach and architectural, civil engineering, and landscape designs. A project application for entitlements will soon be filed with the City for four additional units that closely resemble the approved units on 963 Pope Street. OTSH is planning to launch a capital campaign in 2023 for the construction of 951 Pope and aims to fund the project with private grants, donations and loans. When built, the 951 and 963 Pope Street properties would function as one small community of nine homes for income-qualified households earning from $37,000 to $143,000 annually (based on a four-member household).
To allow OTSH to continue the momentum it is building for this project, OTSH is asking the City Council support the following requests:
1.Extend the acquisition loan term ($450,000 initial acquisition loan) from December 9, 2022 for 12 months to December 9, 2023. All other terms of the loan agreement would remain.
2.Extend the reimbursement to OTSH for interest payments on the RCAC loan, retroactively from November 1, 2022 to October 31, 2023, in the amount of $1,200 per month, not to exceed $14,400. Funds will be reimbursed to OTSH on a quarterly basis upon receipt of an invoice and accompanying documentation showing proof of payments to RCAC. The source of funds would be the Affordable Housing Trust Fund.
These actions will help OTSH continue on its path to get the 963 Pope Street housing built, which will contribute to the City’s Regional Housing Needs Allocation requirement by creating new affordable housing for the community.
At an upcoming Council meeting, OTSH would like to present the financing strategy for both properties along with a request for additional funding support for the 963 Pope Street project.
FISCAL IMPACT
Agenda Item #9.1.
There is no fiscal impact for the extension of the $450,000 loan and the fiscal impact for granting the request from Our Town St. Helena for RCAC interest-only payments is use of the Affordable Housing Trust Fund in an amount not-to-exceed $14,400. The 6/30/23 estimated fund balance for both the Affordable Housing Trust Fund (Fund 751) and Measure E Fund (Fund 752) are shown in the table below:
Fund 751 Fund 752
6/30/22 Estimated Balance 279,063 336,947
Estimated Revenues FY 23 68,560 285,718
Estimated Expenses FY 23 (32,700) (10,000)
RCAC Interest Payments* (14,400)
6/30/23 Estimated Fund Balance 300,523 612,665
*New Request from OTSH
RECOMMENDED ACTION
Staff is seeking City Council direction on the requests made by OTSH. Due to the timing of the maturity date of the existing acquisition loan as well as the request for interest only payments, City staff has prepared two resolutions for approval if City Council provides direction to (1) extend the maturity date to December 9, 2023 as requested by OTSH (Attachments 1 and 2) and (2) extend the reimbursement to OTSH for interest payments on the RCAC loan, retroactively from November 1, 2022 to October 31, 2023, in the amount of $1,200 per month, not to exceed $14,400 (Attachment 3).
ATTACHMENTS
Attachment 1 - Resolution Extension of OTSH Loan Term
Attachment 2 - OTSH Amendment #3 963 Pope Avenue
Attachment 3 - Resolution OTSH RCAC Interest Only Payments Agenda Item #9.1.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: AMENDMENT #3 TO STH
CONTRACT: FY2020-031 HOUSING TRUST FUND LOAN
AGREEMENT WITH OUR TOWN ST. HELENA
AUTHORIZING A ONE-YEAR EXTENTION TO THE LOAN
TERM AND AUTHORIZING THE CITY MANAGER TO
EXECUTED THE NECESSARY DOCUMENTATION FOR
THIS AMENDMENT.
WHEREAS, on August 27, 2019, the City Council authorized a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street. The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate-to low-income rental tenants; and
WHEREAS, the City and OTSH entered into a Housing Trust Fund Loan Agreement dated September 10, 2019, in the amount of $450,000 with zero percent interest. The loan has a term of twenty-four (24) months and all unpaid sums of the principal amount shall become immediately due and payable upon the second anniversary date of the promissory note, September 10, 2021; and WHEREAS, Our Town St. Helena (OTSH) contacted the City to discuss modifications to the original $450,000 promissory note which was due and payable by September 10, 2021; and
WHEREAS, On August 24, 2021, the City Council authorized, via Resolution 2021-103, a 90-day extension to the loan term which provided additional time for OTSH and the City to evaluate loan options for City Council consideration; and WHEREAS, On November 23, 2021, the City Council authorized, via Resolution 2021-148, an additional one-year extension to the loan term which provided additional time for OTSH to secure funding; and
WHEREAS, On December 14, 2021, the City Council authorized, via Resolution 2021-152, authorizing use of Affordable Housing Trust Funds to reimburse OTSH for Agenda Item #9.1.
interest only payments for their RCAC loan for a total amount not-to-exceed $21,000; and
WHEREAS, On February 8, 2022, the City Council authorized, via Resolution 2022-10, a $250,000 long-term loan from the Affordable Housing Trust Fund to assist with the construction and development of the new affordable housing units; and WHEREAS, To allow OTSH additional time to secure funding for this project, the City is providing OTSH with an additional 12-month extension of the original $450,000 loan.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of St. Helena hereby approves Amendment #3 to STH Contract: FY 2020-031 Housing Trust Fund Loan Agreement dated September 10, 2019 between the City of St. Helena and Our Town St. Helena authorizing a one-year extension to the loan term to December 9, 2023.
SECTION 3. The City Council authorizes the City Manager to execute the necessary documentation for the extension.
Approved at a Regular Meeting of the St. Helena City Council on November 22, 2022, by the following vote:
Mayor Geoff Ellsworth: ____
Vice Mayor Paul Dohring: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Eric Hall: ____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.
AMENDMENT #3
TO STH CONTRACT: FY2020-031 HOUSING TRUST FUND LOAN AGREEMENT DATED SEPTEMBER 10, 2019 BETWEEN THE CITY OF ST. HELENA AND OUR TOWN ST. HELENA EXTENDING THE LOAN TERM BY 12-MONTHS
This Third Amendment to STH Contract: FY2020-031 Housing Trust Fund Loan Agreement with Our Town St. Helena dated September 19, 2019 (“Loan Agreement”) is made as of this 22nd day of November, 2022 by and between the City of St. Helena and Our Town St. Helena.
RECITALS
A. On September 10, 2019, the City entered into a Loan Agreement with Our Town St. Helena to assist with the acquisition of a property located at 963 Pope Street.
The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate-to low-income rental tenants; and
B. The Agreement had a term of twenty-four (24) months and all unpaid sums of the principal amount shall become immediately due and payable upon the second anniversary date of the promissory note; and
C. On August 24, 2201, the City Council authorized Amendment No. 1 to the Agreement to extend the term of the loan by 90-days for a total loan term of twenty-seven (27) months; and
D. On November 23, 2022, the City Council authorized Amendment No. 2 to the Agreement to extend the term of the loan by an additional one year for a total loan term of thirty-nine (39) months; and
E. The City and OTSH desire to amend the Agreement to extend the term on the loan by 12-months for a total loan term of twenty-seven (39) months.
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. Borrower and Lender hereby agree that the Term of the Loan as set forth in Section 2 of the Loan Agreement and Section 1 of the Promissory Note is extended by a period of 39-months. The Maturity Date for the Loan is therefore amended to be December 9, 2023.
2. All other terms of the Agreement shall remain in full force and effect.
Agenda Item #9.1.
Entered as of the day and year first above stated.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
OUR TOWN ST. HELENA:
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 #9.1.
CITY OF ST. HELENA
RESOLUTION NO. 2021-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: (1) USE OF AFFORDABLE
HOUSING TRUST FUNDS TO REIMBURSE OUR TOWN
ST. HELENA FOR INTEREST ONLY PAYMENTS MADE
TO THE RURAL COMMUNITY ASSISTANCE CORP FOR
THE AFFORDABLE HOUSING PROJECT AT 963 POPE
STREET ST. HELENA, CA FROM NOVEMBER 1, 2022
UNTIL OCTOBER 31, 2023 IN AN AMOUNT OF
APPROXIMATELY $1,200 PER MONTH FOR A TOTAL
NOT-TO-EXCEED AMOUNT OF $14,400; AND (2)
AUTHORIZING A BUDGET INCREASE OF $9,600 TO THE
AFFORDABLE HOUSING TRUST FUND FOR FY 2022-23
FOR THESE PAYMENTS; AND (3) AUTHORIZING AN
APPROPRIATION OF $4,800 IN FY 2023-24 TO THE
AFFORDABLE HOUSING TRUST FUND FOR PAYMENTS
FROM JULY 1, 2023 THROUGH OCTOBER 31, 2023.
WHEREAS, On August 27, 2019, the City Council authorized a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street. The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate-to low-income rental tenants; and
WHEREAS, The City and OTSH entered into a Housing Trust Fund Loan Agreement dated September 10, 2019, in the amount of $450,000 with zero percent interest. The loan has a term of twenty-four (24) months and all unpaid sums of the principal amount shall become immediately due and payable upon the second anniversary date of the promissory note, September 10, 2021; and WHEREAS, Our Town St. Helena (OTSH) contacted the City to discuss modifications to the original $450,000 promissory note which was due and payable by September 10, 2021; and
WHEREAS, On August 24, 2021, the City Council authorized, via Resolution 2021-103, a 90-day extension to the loan term which provided additional time for OTSH and the City to evaluate loan options for City Council consideration; and Agenda Item #9.1.
WHEREAS, On November 23, 2021, the City Council authorized, via Resolution 2021-148, an additional one-year extension to the loan term which provided additional time for OTSH to secure funding; and
WHEREAS, On December 14, 2021, the City Council authorized, via Resolution 2021-152, authorizing use of Affordable Housing Trust Funds to reimburse OTSH for interest only payments for their RCAC loan for a total amount not-to-exceed $21,000; and
WHEREAS, On February 8, 2022, the City Council authorized, via Resolution 2022-10, a $250,000 long-term loan from the Affordable Housing Trust Fund to assist with the construction and development of the new affordable housing units.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of St. Helena hereby approves use of Affordable Housing Trust Funds to reimburse Our Town St. Helena for Interest Only Payments to the Rural Community Assistance Corp for the Affordable Housing Project at 963 Pope Street St. Helena, CA from November 1, 2022 through October 31, 2023 in an Amount of Approximately $1,900 per month for a not-to-exceed amount of $14,400.
SECTION 3. Funds for the RCAC loan interest payments will be reimbursed to OTSH on a quarterly basis upon receipt of an invoice and accompanying documentation showing proof of interest payments to RCAC.
SECTION 4. The City Council of the City of St. Helena Hereby authorizes a budget increase of $9,600 to the Affordable Housing Trust Fund for FY 2022-23 for these payments; and authorizes an Appropriation of $4,800 in FY 2023-24 to the Affordable Housing Trust Fund for payments from July 1, 2023 through October 31, 2023.
Approved at a Regular Meeting of the St. Helena City Council on November 22, 2022, by the following vote:
Mayor Geoff Ellsworth: ____
Vice Mayor Paul Dohring: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Agenda Item #9.1.
Council Member Eric Hall: ____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: NEW BUSINESS
Subject: Accept report and presentation on alternatives regarding responsibility for maintenance of sanitary sewer lateral and water service line and receive direction from Council to proceed with a corresponding amendment to the City of St.
Helena Municipal Code ordinance.
CEQA
Determination:
Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
The City of St. Helena Municipal Code sections 13.04 Water Service System and 13.20 Sewer Service System relate to the operations and maintenance of services provided by the City. Unfortunately, the code is silent regarding the maintenance responsibilities of the respective service lines, so a revision that provides clarity is warranted.
DISCUSSION
The community will benefit from greater certainty, therefore the City the proposed changes are intended to provide clarification to property owners, water/sewer customers, as well as staff, regarding the maintenance responsibilities related to water and sewer infrastructure/services. A brief survey (eight jurisdictions) of communities of various populations was conducted based upon review of their respective websites, municipal codes, and standard detail drawings (Attachment A). By and large, most jurisdictions, either explicitly or implicitly, operate and maintain water services from the connection at the main to the water meter, inclusive. This standard exists as a significant management tool to protect public health associated with operating a potable water system (e.g., eliminating the risk of cross connections or backflow issues). Regarding responsibility of maintenance of the sewer laterals, most jurisdictions place responsibility on the Agenda Item #10.1.
owner/customer to maintain the lateral to the sewer main line, even though portions of the lateral are located within the public right-of-way. For the agencies serviced by Napa Sanitation Service (Yountville and Napa), it was unclear who maintains the laterals. Of the cities surveyed by staff, only Vacaville explicitly placed the maintenance responsibilities of the lateral on the City within the public right-of-way.
Water Service
Section 13.04.055(A) of the City’s Municipal Code provides that a property owner is financially responsible for connecting the plumbing from their property to the public water main and Section 13.04.060 delineates the City’s ownership of the water meter, but the Code is silent regarding the responsibility of either party to maintain, repair, and replace water service lines. The current practice among operations staff is for the City to maintain the service line, as part of the overall distribution system, from the connection to the water main to the water meter, including the meter box/vault.
Options:
1. City to maintain only the meter.
2. City to maintain meter, service line between the meter and the water main, and connection to the water main.
Staff recommends Option 2 as depicted in Attachment B. In an effort to ensure public health and safety related to the water system operations and management, overseeing the installation, maintenance and operations of the water service, including the connection to the main line, to the meter, including the service line, is the most effective means to accomplish this endeavor.
Sewer Service
Chapter 13.20 of Title 13 of the City’s Municipal Code regulates the sewer service system but is silent regarding a property owner’s obligation to maintain, repair, and replace private sewer laterals. The current practice among operations staff is for the City to maintain the sewer main line only.
Options:
1. City to maintain only the sewer main.
2. City to maintain only the sewer main and the lateral connection.
3. City to maintain the sewer main, lateral connection, and lateral within the public rightof-way.
Staff recommends Option 2 as depicted in Attachment C. As noted above, various agencies provide differing levels of operational maintenance of sewer laterals. It is staff’s recommendation to only include the connection to the main since the integrity of this connection can be readily assessed via Closed Circuit Television (CCTV) inspection.
Requiring the City to operate and maintain sewer laterals beyond the connection would Agenda Item #10.1.
require additional cleaning/CCTV-ing efforts by staff, reducing their effectiveness to maintain mainlines.
Based upon Council direction, staff would propose to bring a proposed ordinance to a meeting in January. The additional time will also provide advanced notice to key stakeholders (e.g. downtown property owners) and enable the community to provide input regarding the proposed clarification/revision of the municipal code.
FISCAL IMPACT
Fiscal impact is unknown and will depend on Council direction.
RECOMMENDED ACTION
Provide direction to staff on options presented.
ATTACHMENTS
Attachment A - Agency Survey_111422
Attachment B - Water Service Detail
Attachment C - Sewer Lateral Detail
Agenda Item #10.1.
Attachment A
Comparitive Jurisdiction Water/Sewer Service
Ownership Survey
City Population Water Service Sewer Service
Yountville 3,436 City owns/maintains through meter Napa Sanitation District: unclearCalistoga 5,228 Only connections sanctioned by city can be made; unclear of ownership lateral maintained by customer/property ownerCloverdale 8,996 City owns/maintains through meter lateral from property line to main connection maintained by customerHealdsburg 11,254 City maintains through curb stop; unclear if maintain meter lateral maintained by customerDixon 18,988 City owns/maintains through meter City has no responsibility to repair, maintain, clean or replace lateral from main to structureNapa 77,480 City owns/maintains meters; unclear of service lines Napa Sanitation District: unclearVacaville 102,386 City maintains through meter sewer in public ROW maintained by CitySanta Rosa 178,127 Service lateral defined to extend to coupling on the customer side of the meter box; owned/operated by City sewer lateral maintained by user
Agenda Item #10.1.
FINISHED GRADE
CURB r,..
32" COVER MIN
2" DIA POLYETHYLENE CLASS 200
CTS TUBING WITH TRACER WIRE,
SEE NOTES 2, 3 AND 5
CONTINUOUS SLOPE
2" DIAMETER BALL VALVE CORP STOP WITH CC THREAD.
USE PLASTIC STIFFENER WITH ALL COMPRESSION FITTINGS
METER BOX,
SEE NOTES 4 & 6
METER OR SPACER,
SEE NOTE8
BUILDING SERVICE
3" BEDDING OF 3/4"
DRAIN ROCK
1-1/2" OR 2" DIA FLANGED ANGLE
METER BALL VALVE, SEE NOTE 9
1-1/2" 90° BEND, PACK JOINT FOR CTS O.D.,
BOTH ENDS MAY BE REQUIRED TO AVOID
KINKING TUBING
SERVICE SADDLE, SEE NOTE 7
WATER MAIN METER SETTING ASSEMBLY PARTS LIST
METER SIZE VALVES SPACER BAR SIZE
(SEE NOTE 9)
1-1/2" SEE APPROVED MATERIALS LIST 1-1/2" DIAx13" LONG
SCH 80 PVC PIPE
2" SEE APPROVED MATERIALS LIST 2" DIAx17" LONG
NOTES: SCH 80 PVC PIPE
1. SEE WATER SYSTEM DESIGN GUIDELINES.
2. THE SERVICE SHALL NOT BE SIZED SMALLER THAN THE METER. IF FIRE SPRINKLERS ARE REQUIRED SEE CITY STANDARD DETAIL 109 AND 110.
3. USE INSULATED NO. 12 THHN WIRE.
• ALL WIRE CONNECTIONS SHALL BE MADE WITH MECHANICAL WIRE CONNECTORS WRAPPED WITH ELECTRICAL TAPE. • END OF TRACER WIRE TO BE EXPOSED 6" MINIMUM INSIDE OF METER BOX.
4. METER BOXES SHALL BE LOCATED OUT OF TRAFFIC LOADING AREAS WHERE POSSIBLE. TRAFFIC LOADING BOX & LID TO BE INSTALLED IN ALL LOCATIONS WHERE VEHICULAR TRAFFIC MAY OCCUR, THE STEEL LID SHALL BE SET FLUSH WITH FINISHED SURFACE. BOX PIPE KNOCKOUTS TO BE GROUTED TO PREVENT DIRT INTRUSION WHERE REQUIRED.
5. TRENCH BACKFILL REQUIREMENTS - SEE CITY STANDARD DETAIL 110.
6. METER BOX AND COVER SHALL BE B-30 - SEE APPROVED MATERIALS LIST.
7. TAPPING SERVICE SADDLES-SEE APPROVED MATERIALS LIST.
8. FOR NEW SERVICES CONTRACTOR SHALL INSTALL SCHEDULE 80 PVC SPACER PIPE WITH 1/2" DIAMETER HOLES DRILLED THRU PIPE AT 2" ON CENTER, THREAD BOTH ENDS. CITY PUBLIC WORKS AND UTILITIES PERSONNEL TO REMOVE SPACER PIPE AND INSTALL METER.
SEE METER SETTING ASSEMBLY PARTS LIST.
9. INSTALL BRASS METER FLANGE (WITH OBLONG BOLT HOLES AND BUSHING TO FIT 1-1 /2" METERS). SET 2" MIN. FROM SIDE OF BOX. USE 316 SS HARDWARE.
scALE: c�!Y OF
DRAWN: PL
ST. HELENA
2" WATER SERVICE FOR
1-1/2" OR 2" METER
APPROVED BY: DATE: JUNE 2019
STD. NO.
ERICA AHMANN-SMITHIES, P.E. C65468
PUBLIC WORKS DIRECTOR 1 0 3A
PROPOSED
PROPERTY
OWNER
RESPONSIBILITY
PROPOSED CITY
RESPONSIBILITY
PROPOSED CITY
RESPONSIBILITY
PROPOSED CITY RESPONSIBILITY
PROPOSED CITY
RESPONSIBILITY
Agenda Item #10.1.
45'
3:
0 _J LL
LL
0 z
0 F
u w
Cl'.'.
0 WHEN CONNECTION TO EXISTING SEWER MAIN, USE
SADDLE WITH RUBBER GASKET AND STAINLESS STEEL
STRAPS OR CUT IN WYE WITH PVC REPAIR COUPLING
OR DRESSER COUPLING (DRESSER ALLOWED ONLY
WITH DIP OR ACP MAINS)
4" SEWER LATERAL
12"
co
CLEAN-OUT FRAME & COVER, _/
X I
� CHRISTY 65 OR EQUAL, o 1
,...._+--....., WYE BRANCH OR MARKED "SEWER" CD 1
WYE SADDLE
(TEE NOT ALLOWED).
SHALL BE SAME MATERIAL
AS SEWER MAIN.
/ STREET SURFACE
CURB & GUTTER
INSCRIBE 3" "S" ON TOP OF
CURB IN LINE WITH CLEAN-OUT
Z% SLOPE (MIN)_
/ /
�"'-½BEND
"'-._ Ya BEND //
/
½/
4x4WYE
/ // WRITTEN PERMISSION FROM THE CITY ENGINEER
/ / /
ii
I I
�i
�
CAP OR 4" "O" RING
TYPE PLASTIC PLUG
INSIDE 2" STUB OR
CONNECT TO HOUSE
SERVICE
) � / /
/ AL TERNA TE FOR DEEP SEWERS UPON
I /
/ NOTES:
INVERT ELEV OF f i? WYE BRANCH EQU LS / v 1. WHEN DIRECTED BY THE CITY ENGINEER OR AS SHOWN ON THE PLANS, CENTERLINE OF ffe
THE LATERAL SEWER SHALL BE LOWER WHERE NECESSARY TO SERVE SEWER MAIN I EXISTING PLUMBING OR LOW LOTS.
I
Q): 2. THE LATERAL SEWER SHALL BE INSTALLED WITH A STRAIGHT LINE GRADE 11 AND ALIGNMENT FROM SEWER MAIN TO PROPERTY LINE UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER.
/ / I 3. INSTALL CLEAN-OUT BACK OF SIDEWALK UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. IN CASES WHERE FENCE OR
LANDSCAPING IS AT BACK OF SIDEWALK, INSTALL CLEAN-OUT
IN SIDEWALK OR AS DIRECTED BY THE CITY ENGINEER.
CITY OF ST. HELENA
SCALE: NONE
DRAWN: TP
CHK: WA
APPVD: EAS
SEWER SERVICE LATERAL
APPROVED BY: DATE: JULY 2019
STD. NO.
ERICA
PUBLIC
AHMANN-SMITHIES,
WORKS DIRECTOR
P.E. C65468 211
PROPOSED CITY
RESPONSIBILITY
PROPOSED
PROPERTY
OWNER
RESPONSIBILITY
PROPOSED PROPERTY
OWNER
RESPONSIBILITY
VARIES, SEE PLANS
PROPOSED
PROPERTY
OWNER
RESPONSIBILITY
Agenda Item #10.1.
Report to the City Council
Regular City Council - 22 Nov 2022
Agenda Section: NEW BUSINESS
Subject: Approve Formation of Measure H Oversight Committee CEQA
Determination:
Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On February 22, 2022, the City Council adopted Ordinance 2022-3 (Measure H), an ordinance ordering the submission of a proposition to incur bonded indebtedness to the voters. Measure H was successful in the June 2022 election.
The object and purpose of the Bonds is to finance the costs of municipal improvement projects of the City (the “Improvements”), consisting of drinking water system improvements, including but not limited to Bell Canyon Spillway repairs, water main rehabilitation and replacements, valve replacements, Bell Canyon Phreatic Surface Monitoring, lower reservoir rehabilitation, and replacing pipes to increase fire flow, sewer system improvements, including but not limited to replacing pipes and making Crinella Lift Station improvements, stormwater system improvements, including but not limited to replacing pipes, drains, culverts and other components of the system, and recycled water system improvements, including but not limited to providing pump station and pipes to distribute recycled water, all as acquired or constructed by the City to protect local water quality/supply, improve drought resilience, keep sewage, pollution, trash and chemicals from local rivers, creeks and streams, and protect safe, sustainable, local water sources.
The authorization to issue bonds to fund the actions noted above required the formation of a Measure H Oversight Committee. The ordinance notes:
Section 14 - Establishment of Oversight Committee
Agenda Item #10.2.
In the event the ballot proposition is passed by two-thirds of all qualified voters voting on the proposition and the Bonds are issued, the City Council shall establish and appoint members to an oversight committee, which shall have responsibility for reviewing and reporting on the expenditure of the proceeds of the Bonds.
As proposed, the committee will focus on reviewing and reporting on the expenditure of the proceeds of the bonds, specifically:
a) Review expenditure reports produced by the City to verify that bond proceeds were expended only for the purposes set forth in Measure H.
b) Produce an annual report which includes the following information:
i. A statement indicating whether the bond proceeds used by the City have been expended only for the purposes set forth in Measure H; and ii. A summary of the Measure H activities for the preceding year. c) Inform the public how the City is expending the bond proceeds.
DISCUSSION
While Measure H Oversight Committee will serve in an advisory role and will not be responsible for managing or directing project activities, it will leverage the experience, expertise, and insight of its members to ensure the bond proceeds are spent in accordance with the provisions of Ordinance 2022-3 (Measure H). Meetings of the Bond Oversight Committee will be open to the public and will serve to educate the community on how bond funds are being expended.
The Measure H Oversight Committee is proposed to consist of five St. Helena community residents appointed by the City Council. The Chair of the Measure H Oversight Committee will be appointed by the Council. It is expected that the Measure H Oversight Committee will meet two times per year until the expenditure of the bond proceeds is complete at which a final report will be issued and the committee disbanded. It is hoped that St. Helena residents wishing to serve on this committee will have an understanding of the significance of the projects to the community, as well as an understanding of financial principles.
Should the Council choose to establish the committee, the recruitment process will be the same as the process for the City’s standing commissions and committees. First, staff will announce the recruitment period via the web site and social media channels as well as via press release. After receiving applications, the Council would then conduct interviews of the candidates, and after deliberations, appoint the Chair of the committee and its members. Also, consistent with other commissions and committees, Council would appoint a Council liaison. Additionally, the committee will be supported by a staff liaison, such as the Administrative Services Director and/or the Public Works Director, to the Measure H Oversight Committee. Recruitment for this committee would begin shortly after the Council creates the Measure H Oversight Committee so that the committee can Agenda Item #10.2.
be in place prior to, or directly after, the sale of the 2022 Bonds and receipt of the bond funding.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDED ACTION
Approve the attached resolution forming an Ad Hoc Measure H Oversight Committee.
ATTACHMENTS
Attachment 1 - Resolution Establishing Measure H Oversight Committee am edits Attachment 2 - ORDINANCE 2022-3 ORDERING SUBMISSION OF A PROPOSITION
INCURRING BONDED INDEBTEDNESS TO THE QUALIFIED VOTERS OF THE CITY
AT THE GENERAL MUNICIPAL ELECTION
Agenda Item #10.2.
CITY OF ST. HELENA
Resolution No. 2022-
Resolution Establishing a Measure H Oversight Committee
RECITALS
A. WHEREAS, in February 2022, the City Council called an election for the proposition of incurring a bonded indebtedness (Measure H) and to issue such bonds to finance municipal improvements pursuant to certain provisions of the California Government Code, including Article 1 of Chapter 4 of Division 4 of Title 4 (commencing with Section 43600) and Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with Section 53506) (collectively, the “Bond Law”); and
B. The object and purpose of the Bonds is to finance the costs of municipal improvement projects of the City (the “Improvements”), consisting of drinking water system improvements, including but not limited to Bell Canyon Spillway repairs, water main rehabilitation and replacements, valve replacements, Bell Canyon Phreatic Surface Monitoring, lower reservoir rehabilitation, and replacing pipes to increase fire flow, sewer system improvements, including but not limited to replacing pipes and making Crinella Lift Station improvements, stormwater system improvements, including but not limited to replacing pipes, drains, culverts and other components of the system, and recycled water system improvements, including but not limited to providing pump station and pipes to distribute recycled water, all as acquired or constructed by the City to protect local water quality/supply, improve drought resilience, keep sewage, pollution, trash and chemicals from local rivers, creeks and streams, and protect safe, sustainable, local water sources; and
C. WHEREAS, with the passage of Measure H, in June 2022, the City is moving forward with the required formation of Measure H Oversight Committee; and D. WHEREAS, Section 14 of Ordinance 2022-3 (Measure H) require that the established Bond Oversight Committee’s purpose is to review and report on the expenditure of the proceeds of the Bonds;
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Helena does hereby resolve, declare, determine, and order as follows:
SECTION 1. The Measure H Oversight Committee is hereby established as a temporary advisory committee of the City of St. Helena.
Agenda Item #10.2.
2 SECTION 2. The efforts of the Measure H Oversight Committee will be focused on reviewing and reporting on the expenditure of the proceeds of the Bonds, specifically:
(a) Inform the Public. The Committee shall inform the public concerning the City’s expenditure of Bond proceeds. In fulfilling this duty, all official communications of the Committee to either the Council or the public shall come from the chair of the Committee (the “Chair”), acting on behalf of the Committee. The Chair shall only release information that reflects the consensus view of the Committee. (b) Review Expenditures. The Committee shall review expenditure reports produced by the City to verify that Bond proceeds were expended only for the purposes set forth in Measure H.
(c) Annual Report. At least one time annually, commencing with the end of the first fiscal year in which any Bond proceeds are expended, and continuing through the end of the fiscal year in which Bond proceeds have been spent in full, the Committee shall prepare an annual written report, following the public issuance of the City’s annual audit report which annual written report shall be published on the City web site and include the following:
(i) A statement indicating whether the Bond proceeds used by the City have been expended only for the purposes set forth in Measure H; and (ii) A summary of the Measure H activities for the proceeding year.
SECTION 3. The Measure H Oversight Committee shall have no jurisdiction over any matters not specified in SECTION 2, which are reserved to the City Council and/or City staff, as determined by the City Council, including (by way of example):
(a) Approval of project prioritization, project plans, design and schedules, (b) Approval of contracts and change orders for projects, (c) Expenditures of Bonds funds,
(d) Handling of all legal matters,
(e) Approval of all deferred maintenance plans,
(f) Approval of the sale of Bonds and related matters, and (g) Appointment of qualified applicants to serve on the Committee.
Agenda Item #10.2.
3 SECTION 4. The Measure H Oversight Committee shall consist of five residents of St. Helena at large.
SECTION 5. The City Council shall appoint one member to serve as Committee Chair.
SECTION 6. The Measure H Oversight Committee shall meet at least once per year or more frequently as the Committee deems it necessary to discharge its duty, but no more frequently than quarterly. At the end of each meeting, the Committee shall identify the next approximate meeting date.
SECTION 7. The term of the Measure H Oversight Committee shall extend from the date of establishment to the Committee’s submission of the final Annual Report which reflects the final accounting of the expenditure of the Bond proceeds.
SECTION 8. The Measure H Oversight Committee shall comply with the Ralph M. Brown Act (Government Code §54950 et seq.) including, but not limited to notice, agenda posting, and public participation requirements.
SECTION 9. The Measure H Oversight Committee is an advisory body to the City Council and is not an independent decision-making body. All of its recommendations are subject to approval of the City Council.
Approved at a Regular Meeting of the St. Helena City Council on ____________, 2022, by the following vote:
Mayor Ellsworth: ______________
Vice Mayor Dohring: ______________
Council Member Chouteau: ______________
Council Member Hall: ______________
Council Member Hardy: ______________
APPROVED:
___________________
Geoff Ellsworth, Mayor
ATTEST:
___________________
Cindy Tzafopoulos, City Clerk
Agenda Item #10.2.
CITY OF ST. HELENA
ORDINANCE NO. 2022-3
AN ORDINANCE ORDERING THE SUBMISSION OF A PROPOSITION INCURRING BONDED INDEBTEDNESS TO THE QUALIFIED VOTERS OF THE CITY OF ST.
HELENA AT THE GENERAL MUNICIPALELECTIONTO BE HELD ON JUNE 7, 2022,
FOR THE PURPOSE OF FINANCING THE COST OF THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN MUNICIPAL IMPROVEMENT
PROJECTS
The City Council (the "CityCouncil") of the City of St. Helena (the “City”)hereby ordains as follows:
SECTION 1. PURPOSE AND INTENT
Pursuant to the authority provided by the California Government Code and California Elections Code, the City Council proposes to order the submission of a proposition authorizing the Cityto issue general obligation bonds (the "Bonds") to the qualified voters of the City at the general municipal election to be held on June 7, 2022.
SECTION 2. FINDINGS
The City Council hereby makes the following findings with respect to the proposed measure for the Bonds:
A. On February 8, 2022, the City Council adopted, by a two-thirds vote of all its members, a resolution entitled “Resolution Determining that the Public Interest and Necessity Demand the Acquisition, Construction and Improvement of Municipal Improvement Projects, and Their Financing Through the Issuance of General Obligation Bonds,” pursuant to which the City Council has found and determined that the public interest and necessity demand the issuance of general obligation bonds to finance the cost of municipal improvement projects.
B. In order to provide for the issuance by the City of general obligation bonds to provide financing for the municipal improvement projects, it is necessary for the City Council to adopt an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at a municipal election.
C. The City Council desires to submit said ballot measure to the qualified voters of the City at the regular election to be held in the City on June 7, 2022, and to consolidate the bond election with other elections held within the City on that date.
Agenda Item #10.2.
SECTION 3. CALL FOR ELECTION
The City Council hereby orders that there be submitted to the qualified voters of the City a proposition on incurring bonded indebtedness tor the purposes set forth in this Ordinance, at the regular election to be held on June 7, 2022.
SECTION 4. BALLOT PROPOSITION
The CityCouncil hereby submits to the qualified voters of the City, at the regular election to be held on June 7, 2022, a proposition on issuing the Bonds. The statement of the measure shall be in substantially the form set forth inthe resolution of the City placing the measure on the ballot.
SECTION 5. OBJECT AND PURPOSE OF BONDS
The object and purpose of the Bonds is to finance the costs of municipal improvement projects of the City (the “lmprovements"), consisting of drinking water system improvements, including but not limited to Bell Canyon Spillway repairs, water main rehabilitation and replacements, valve replacements, Bell Canyon Phreatic Surface Monitoring, lower reservoir rehabilitation, and replacing pipes to increase fire flow, sewer system improvements, including but not limited to replacing pipes and making Crinella LiftStation improvements, stormwater system improvements, including but not limited to replacing pipes, drains, culverts and other components of the system, and recycled water system improvements, including but not limited to providing pump station and pipes to distribute recycled water, all as acquired or constructed by the City to protect local water quality/supply, improve drought resilience, keep sewage, pollution, trash and chemicals from local rivers, creeks and streams, and protect safe, sustainable, local water sources.
The authorized lmprovements also include all work, facilities and expenditures necessary and incidental to the projects described above. Examples of such work, facilities, and expenditures include, but are not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; addressing unforeseen conditions revealed by construction or renovation, and other necessary improvements required to comply with existing building codes and other applicable law, including the Americans with Disabilities Act; costs of the bond election; bond issuance costs; project administration during the duration of such projects; and financing and interest costs on the Bonds.
The final costs, locations, designs, layouts and other components of the lmprovements willbe determined as plans are finalized, construction bids are awarded, and projects are completed. Therefore, the City Council cannot guarantee that the Bonds will provide sufficient funds to allow completion of all needed lmprovements.
Agenda Item #10.2.
SECTION 6. ESTIMATED COST OF IMPROVEMENTS
The estimated cost of the Improvements is $19,150,000. The estimated cost includes legal or other fees, the costs of printing the Bonds, and other costs and expenses incidental to or connected with the authorization, issuance and sale of the Bonds. To the extent the Improvements financed are revenue-producing public works, the cost of the Improvements may also include bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction.
SECTION7. PRINCIPAL AMOUNTOF BONDS
The amount of the principal of the Bonds shall not exceed $19,150,000.
SECTION 8. MAXIMUMINTEREST RATE
The maximum rate of interest to be paid on the Bonds shall be the statutory maximum of 12% per annum. Said interest shall be payable semiannually, except that interest for the first year after the date of the Bonds may be made payable at the end of said year.
SECTION 9. ISSUANCE AND SALE OF BONDS
The City proposes to issue and sell the Bonds pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above iftwo-thirds of all qualified voters voting on the proposition set forth above vote in favorthereof. The Bonds willbe general obligations of the City payable from and secured by ad valorem taxes levied and collected in the manner prescribed by the laws of the State of California. The revenue generated from the ad valorem tax levied and collected willbe used for the payment of debt service on the Bonds. All of the Bonds shall be equally and ratably secured, without priority, by the taxing power of the City.
SECTION 10. MANNER OF CONDUCTINGELECTION
The election on the Bonds held on June 7, 2022 shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election with which it is consolidated.
SECTION 11. PROCEDURE FOR VOTING ON PROPOSITION
Ballots for the election shall be provided in the form and in the number provided by law.
Voters shall be provided an opportunity to vote for or against the proposition on the ballot, Agenda Item #10.2.
in accordance with procedures to be adopted by the authorized officers of the County of Napa (the “County")charged with conducting the election.
SECTION 12. ACCOUNTABILITYREQUIREMENTS
In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds:
(a) A separate account shall be created and held by the City, into which the proceeds of the Bonds are deposited and applied solely for the purpose of financing the Improvements.
(b) The Administrative Services Director of the City shall file a report with the CityCouncil at least annually showing the amount of Bond proceeds collected and expended, and the status of the Improvements.
SECTION 13. IDENTIFICATIONOF TAX
The tax imposed by this measure is an ad valorem tax levied upon taxable real property in the City and willbe used to pay the principal and interest on the Bonds.
SECTION 14. ESTABLISHMENT OF OVERSIGHT COMMITTEE
Inthe event the ballot proposition is passed by two-thirds of all qualified voters voting on the proposition and the Bonds are issued, the City Council shall establish and appoint members to an oversight committee, which shall have responsibility for reviewing and reporting on the expenditure of the proceeds of the Bonds.
SECTION 15. OFFICIALACTIONS
The Mayor, the City Manager, the Administrative Services Director.the City Clerk, and any of their designees, are hereby authorized to execute any documents and to perform all acts necessary to place the bond measure on the ballot.
SECTION 16. INTERPRETATION
The provisions of this Ordinance, being necessary for the health.welfare, and safety of the City and its residents, is to be liberally interpreted to carry out its purposes. No error, irregularity or informality, and no neglect or omission of any officer, in any proceeding taken related to the submission of the proposition incurring bonded indebtedness to the qualified voters of the City shall void or invalidate any such proceeding, any Bonds issued by the City or any levy of ad valorem taxes to pay principal of and interest on the Bonds.
SECTION 17. SEVERABILITY
Agenda Item #10.2.
Ifany provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications, and to this end the provisions this Ordinance are declared to be severable.
SECTION 18. PUBLICATION OF ORDINANCE
This Ordinance shall be published once a day for at least seven days in a newspaper published at least six days a week in the City, or once a week for two weeks in a newspaper published less than six days a week in the City. The first of said publications shall, in either event, be within 15 days after the adoption of this Ordinance. Ifthere are no such newspapers, it shall be posted in three public places in the City for two succeeding weeks. No other notice need be given.
SECTION 19. EFFECTIVE DATE
In accordance with Section 36937(a) of the California Government Code, this Ordinance shall become effective immediately, as an ordinance relating to an election, upon its adoption by two-thirds vote of all the members of this CityCouncil.
THE FOREGOING ORDINANCEwas introduced at a regular meeting of the St. Helena CityCouncil on the 8"‘day of February 2022, and was adopted at a regular meeting of the St. Helena CityCouncil on the 22"“day of February 2022, by the followingvote:
Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy: Yes
Council Member Eric Hall: Yes
APPROVED:
Ggloff Eus'l7onh, Mayor
!t
l, CINDYTZAFOPOULOS, CITYCLERK 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 8"‘day of February 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22””day of February 2022, by the followingvote:
Agenda Item #10.2.
Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy: Yes
Council Member Eric Hall: Yes
ATFEST:
Agenda Item #10.2.