St. Helena City Council
March 14, 2023

City of St. Helena
Regular City Council Meeting
Tuesday, March 14, 2023 @ 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 three hours 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. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Lester Hardy, Billy Summers

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. PUBLIC FORUM:

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

discussion or action may take place unless and until the matter properly appears on the agenda.

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. American Red Cross Month 2023 Proclamation
Proclamation
7 7.2. Proclamation Designating March 2023 As Women’s History Month Proclamation
9 7.3. PG&E Gas Pipeline Maintenance Program Project Update 2023 by Mark Van Gorder
Presentation
11 - 29

7.4. Presentation from Staff on Proposed Pickleball Court Conversion at Crane Park
Prepared By: Dave Jahns, Parks & Recreation Director
Presentation
31 - 42

8. STAFF BRIEFING
None

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

9.1. Consideration and proposed approval of a resolution accepting bids and awarding contracts to the lowest responsible bidders for furnishing chemicals for water and wastewater treatment for Fiscal Year 2022/2023 and authorizing the City Manager to execute the necessary agreements or purchase orders on behalf of the City.

CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Adopt the attached resolution.

Staff Report - Pdf
43 - 48

9.2. Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Napa County Resource Conservation District, in an amount not-to-exceed $75,250 for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26. 49 - 71

CEQA Determination: Environmental Impact Report (SCH. No. 2006092096)
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Staff Recommends City Council Adopt the attached Resolution.

Staff Report - Pdf

9.3. Adoption of a Resolution Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Staff recommends Council adopt a Resolution opposing Initiative No. 21- 0042A1, the Taxpayer Protection and Government Accountability Act.

Staff Report - Pdf
73 - 88

9.4. Consideration and proposed approval of a resolution approving:
(1) a temporary closure of Adams Street and Library Lane from Friday, May 5, 2023, at 6:00 p.m. to Sunday, May 7, 2023, at 6:00 p.m.; and (2) authorizing possession of open alcoholic beverages on those public streets for the Neighborhood Community Table Event scheduled for Saturday, May 6, 2023, from approximately 5:00 p.m. to 9:00 p.m.

CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Chantel Delay, Administrative Assistant
Recommendation:

Staff recommends approval of the attached resolution.

Staff Report - Pdf
Public Comment.Tracy McBride Page 1
Public Comment.Tracy McBride Page 2
Public Comment.Tracy McBride Page 3
89 - 103

9.5. Recommended approval of a resolution authorizing (1) the City Manager to execute Amendment No. 1 with Economy Lock and Key, Inc. for security associated with the Napa Valley College Tenant Improvement Project (NVC-TI) in the amount of $45,000 for a total not-to-exceed $68,523.67 (2) a budget increase of $45,000 to 101-4000-2145 and use of general fund balance of the same.

CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Senior Management Analyst
Recommendation:

Staff recommends adoption of the attached resolution.

Staff Report - Pdf
105 - 141

10. PUBLIC HEARINGS
None

11. OLD BUSINESS

11.1. *PRESENTATION ADDED 03-13-2023
Presentation of the Water and Wastewater Rate Study
Recommendations for the Capital Improvement Program, Financial Plan Scenarios, and Rate Structure Alternatives.

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

Review and discuss the Water and Wastewater Rate Study Advisory Committee recommendations of the Capital Improvement Program, Financial Plan Scenarios, and Rate Structure Alternatives and make final recommendations to be included in the final rate study report.

Staff Report - Pdf
143 - 206

12. NEW BUSINESS

12.1. Implementation of a Fats, Oils, and Grease ("FOG") cloud-based management platform
CEQA Determination: Exempt
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and file presentation from staff related to the implementation of the FOG BMP software platform and process.

Staff Report - Pdf
207 - 220

13. ADJOURNMENT
The next Regular City Council meeting is scheduled for March 28, 2023, at 6:00 p.m.

This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on March 9, 2023. Republished March 13, 2023.

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.

CITY OF ST. HELENA PROCLAMATION
AMERICAN RED CROSS MONTH, 2023
During American Red Cross Month in March, we celebrate the humanitarian spirit of St Helena and reaffirm our commitment to help ensure no one faces a crisis alone.

Caring for one another is at the heart of our community and exemplified by the people of St Helena, whose simple acts of kindness through the Red Cross provide help and hope in people’s most difficult moments, thereby continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering.

Every day, these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need — whether it’s providing emergency shelter, food and comfort for families displaced by home fires and other disasters; donating lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life-threatening conditions; supporting military members and veterans, along with their families and caregivers, through the unique challenges of service; using vital skills like first aid and CPR to help others survive medical emergencies; or delivering international humanitarian aid and reconnecting loved ones separated by crises around the world.

Their support, volunteerism and generous donations are critical to our community’s resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton’s noble words, “You must never think of anything except the need and how to meet it,” and ask everyone to join in this commitment.

NOW, THEREFORE, I, Paul Jamison Dohring, Mayor of the City of St. Helena, by virtue of the authority vested in me by the laws of City of St. Helena and the State of California, do hereby proclaim March 2023 as Red Cross Month in the City of St. Helena. I encourage all citizens of St. Helena to reach out and support its humanitarian mission.

Dated: March 14, 2023
______________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.1.

CITY OF ST. HELENA
Proclamation Designating March 2023
As Women’s History Month
Whereas, Women’s History Month began as a celebration in Santa Rosa, California. The Education Task Force of the Sonoma County Commission on the Status of Women planned and executed a “Women’s History Week” celebration in 1978, and the organizers selected the week of March 8 to correspond with International Women’s Day;
Whereas, in 1980 President Jimmy Carter declared the week of March 8th as National Women’s History Week, and in 1987 Congress designated March as Women’s History Month; Whereas, during this month, we celebrate the countless women who have fought tirelessly and courageously for equality, justice, and opportunity in our nation, and we honor the generations of women and girls of every race, class, and ethnic background who have built our nation, shaped our progress, and strengthened our character as a people;
Whereas, women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the labor movement, the civil rights movement, the MeToo movement, the bodily autonomy movement, the anti-violence movement, the climate action movement and many other significant movements; Whereas, as community leaders, elected officials, educators, doctors, scientists, winemakers, childcare providers, community organizers, engineers, lawyers, artists, musicians and more, women power our economy and lead our communities. As first responders and military service members, they stand watch over our lives and liberties. As innovators, entrepreneurs, and essential workers, they represent the very best in their fields;
Whereas, the City of St. Helena was fortunate to have its first female Mayor, Greta Ericson, from 1974- 1976 and its first female City Manager, Bonnie Long, from 1997-2003 and is currently privileged to have several women in top leadership roles, including City Clerk Cindy Tzafopoulos, Library Director Chris Kreiden, Community Development Director Maya DeRosa, Administrative Services Director Mandy Kellogg, and Assistant City Manager Dr. April Mitts;
Whereas, these City of St. Helena leaders have excelled in their fields and advanced the best interests of our community in the areas of long-term financial planning, the expansion of technology in communications, record-keeping and elections, the evolution and expansion of community-oriented library services, budgeting, complex utility rate studies, community planning and zoning code updates, internal administrative efficiencies, and much more;
NOW, THEREFORE, I, Paul J. Dohring, Mayor of the City of St. Helena and the City Council of St.

Helena, in recognition of the generations of trailblazing women who have contributed to the advancement of our nation, and in honor of those who serve us today, do hereby proclaim March 2023 as Women’s History Month. As we reflect on the achievements of these women, pay tribute to those pioneers who paved the way, and elevate the importance of gender equity and equality, let us strive to create a community where every woman and girl understands that her possibilities know no bounds.

Dated: March 14, 2023
________________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.2.

Napa Bundle Northern Corridor
Gas Pipeline Maintenance Program
Project Update 2023
St. Helena to Calistoga
State Route 29 | Napa County | Post Miles 27.4-35.5
1 Agenda Item #7.3.

Napa to Calistoga Bundle- Overview Map
St. Helena Calistoga
2 T = Testing
R= Replacement
Napa to Calistoga Bundle- Overview Map
Agenda Item #7.3.

PG&E Gas Distribution & Transmission Pipeline Upgrade
• Project along 7 miles of gas pipeline between St. Helena and Calistoga
• Transmission Line Replacement
• Distribution System Installation
• Work will occur both within and adjacent to SR 29
• Continued coordination and NVTA projects.
• Purpose
• Safety
• Reliability
• Meeting Capacity
• Replace Vintage Pipe
PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 3 Agenda Item #7.3.

CONSTRUCTION SCHEDULE January 2023– September 2023
• Caltrans Permit
• Work Hours: 9 pm to 6 am Sunday Night to Friday Morning • Day time work and traffic control limited to shoulder closers. • Mitchel Lane close between Oak and Main St. –Nighttime • Sidewalk between Sunshine Market and Mitchel closed 24 hr. per day. • Moratorium on work 1 day before, during and 1 day after holiday periods. • Shut down during Bottle Rock
• CEQA Requirements
• City of St. Helena Encroachment Permit.
• City of St. Helena Noise Permit.
• City of St. Helena Discharge Permit. Fountain Street
• County of Napa Encroachment Permit.
4 Project Work Hours – Permits
Project Work Hours – Permits
Agenda Item #7.3.

Napa Bundle Northern Corridor Gas Pipeline Maintenance
Program Update
Project Status
Strength Tests • T-1448A (St Helena):
• Test postponed to 2026
• New distribution pipe installed beneath Sulphur Creek –In service • New Transmission pipe installed beneath Sulphur Creek – not in service • T-1448B – Madrigal Winery to Dunaweal Ln.
• Complete
• Replacement Projects (R-1018/R-1018B/Distribution service work) • 40,000 feet of distribution main and transmission main installed • Mains are not in service
• 70% of Service work completed
5 Napa Bundle Northern Corridor Gas Pipeline Maintenance Program Update
Agenda Item #7.3.

T-1448A Strength Test Update 2023 – Saint Helena
February 2023- September 2023
• 2023 Project Activities:
• Place the transmission pipe in
service .
• Retire existing pipe
• Remove pipe from bridge
• All excavation between Gotts and
Sunshine Market on Hwy 29 and
Mitchell Drive
6 T-1448A Strength Test Update 2023 – Saint Helena
Agenda Item #7.3.

R-1018B and R-1018 Pipeline Replacement/Installation
January 2023 to August 2023
• Location: Install pipeline adjacent to and/or within SR 29 • R-1018B: Pratt Ave to Ehlers Lane
• R-1018: Ehlers Lane to Larkmead Lane
• 2023 Project Activities:
• Complete distribution service work
• Transfer customers to new distribution main
• Place into service new transmission and distribution
mains
• Clean and abandon existing transmission lines.
7 R-1018B and R-1018 Pipeline Replacement/Installation
Agenda Item #7.3.

2023 Pipeline Replacement
Main Work Areas – Lane Closure (Night work)
• Pratt Ave
• North End of Elm Tunnel
• Bird Hill Lane
• Ehlers Lane
• Mill Creek Bridge
• Big Tree Road
Work Areas – Day Time Shoulder Closures
• Coordinated between Caltrans and NVTA Bike Trail
• Individual locations for distribution service connections 2023 Pipeline Replacement – Work Areas
Agenda Item #7.3.

Temporary Gas Supply During Transition to New Pipe
• Transition Customer Services : typically less than 30 minutes. May occur where:
• Gas meter replaced
• Safety issues within the customer owned gas system
• Portable Gas tanks
• When placing the new transmission pipe in service liquefied natural gas (LNG) will be injected into the pipeline system at Dunaweal Lane.

PG&E Napa Bundle Northern Corridor Gas Pipeline Maintenance Program 9 Agenda Item #7.3.

PG&E
DFM 0405-01 In-Line-Inspection
(ILI) Pigging Operations
Napa County
Agenda Item #7.3.

Confidential
ILI Pigging Operations
• What is in-line
(interior) inspection?
• Safety element –
why is it necessary?
• Why is an in-line
inspection tool
referred to as a “pig”?
Background
In-line inspection tool
Agenda Item #7.3.

Confidential
I-589 DFM 0405-01 ILI Napa to Yountville
DFM 0405-01 Traditional In-Line-Inspection
Napa to Yountville
• Scope
• Traditional ILI on approximately 13-miles of 8”
and 10” pipeline.
• Project Compliance due date is 12/31/2023
• Run 8”x10” Smart Pigs / ILI Tools
• Permanent Launcher (Stanly Ln Station) to
Permanent Receiver (Yountville Valve Lot)
• Enclosed Combustion Devices (ECDs) will be
hooked up at receiver as well as downstream
of the receiver to artificially create demand
needed to pull the pigs during inspection
Napa
Yountville
St Helena
Calistoga
• Schedule
• Construction Mob – January 2023
• ECD Delivery – April 2023
• ILI Inspection/Tool Run – Beginning of May 2023
• Construction Demob – Beginning of June 2023
Agenda Item #7.3.

Confidential
I-589 DFM 0405-01 ILI Napa to Yountville
Customer Reliability Contingency Plan
• During the ILI:
– Customers between Napa &
Yountville will be back fed from
another pipeline or temporarily
fed with CNG
– Pressures and flows will be
monitored upstream and
downstream of the tools
• In the event of a stuck tool:
– Contingency LNG will be
staged in Yountville at Caltrans
turn out ready to inject/feed
customers downstream
– Pipeline section will be safely
isolated to remove stuck tool
Contingency LNG
Injection Site
Yountville
Valve Lot
Agenda Item #7.3.

Confidential
Enclosed Combustion Devices (ECDs)
What is an Enclosed Combustion Device?
• PG&E currently used 2 types of combustor units
• Questor’s Thermal Oxidizers: Oxidizes
hazardous gases at a high temperature and
releases benign by-products into atmosphere
• TCI’s ECD units: Efficient waste gas combustion
solution (flameless, however considered
enclosed flare)
Why use ECDs?
• To increase pipeline flow that
would otherwise be insufficient to
pull a pig
• The flow control device on ECD
manifold allows for optimal pig
velocity
4 TCI Dual Stack Trailers – To be staged at Dunaweal Ln 3 Questor units– To be staged at
Yountville Valve Lot
When will the ECDs be
operating?
• ECD Delivery/Testing – April 2023
• Inspection – Beginning of May
2023 (Daytime hours)
Agenda Item #7.3.

Previous ILI Project in Auburn (July 2022) –
Similar ECD set up to Dunaweal Ln
Agenda Item #7.3.

Confidential
Meeting with Napa Emergency Officials
Presentation with Napa Emergency Officials on 12/01/2022 • Attendees included:
• PG&E ILI Project Team – PM, Engineer, and ECD subject matter expert
• PG&E Public Safety Specialist & Government Relations
• Cal FIRE, Napa County OES, Napa County Fire Chiefs, and local CHP
• During the meeting, the following topics were
discussed/requested:
• ECD Preparation & Fire Mitigation Plan
• Transportation of ECD equipment in and out of Napa County • Social media notifications (including Cal FIRE Facebook) • Public notifications (including signage along Hwy 29 in Yountville & Calistoga)
Agenda Item #7.3.

17 - INTERNAL
Thank You!
 Q&A
 Discussion
Agenda Item #7.3.

Confidential
Appendix - Reference
ECD Preparation & Fire Mitigation Plan
• Start with PG&E Wildfire Mitigation
Standard (TD-1464S)
• Local air district permitting coordination
• Communicate to all local agencies
including CalFire, Napa County OES,
CHP, as well as city/county fire
departments
• Staging site(s) must be cleared to bare
mineral soil with safety/buffer zone set
around each ECD
• Dedicated fire watch by internal Safety
and Infrastructure Protection Team
(SIPT)
• Water sources should be staged around
entire site including 4,000-gallon water
tender and operational Fire Engine(s)
• No operation on Fire Potential Index
ratings of R5 or higher
• No operation on Red Flag Warning or
sustained winds above 15mph
Agenda Item #7.3.

Confidential
• On going since 2019
• Media Outreach
• Door Hangers
• Letters
• Individual Business Contacts
• Robo calls
• Changeable Message Boards (along Hwy 29)
• Project Signage Boards (at ECD sites)
• Project Web Page
19 Public Outreach
Appendix - Reference
Agenda Item #7.3.

Proposed Pickleball
Court Conversion
St. Helena City Council: March 14, 2023
Agenda Item #7.4.

What is Pickleball?
• Pickleball is a racquet sport played on
a court similar in size to a badminton
court
• Fast growing sport with increasing
participation rates all over the country
• Easy to learn, multi-generational, and
appeals to various experience levels
• Neighboring communities have built
courts – No public courts currently in
St. Helena
Agenda Item #7.4.

5.1 Pickleball
Agenda Item #7.4.

Pickleball
Background
Parks & Recreation Commission began
conversations in October 2020
Community survey launched in summer
2021
Ad-hoc subcommittee established; Goal in
2022 – “Recommend a path forward to
develop pickleball courts in St. Helena”
Conversations with pickleball advocates and
members of the tennis community
underway since late summer/early fall 2022
Parks & Recreation Commission
Discussions: January 17 & February 21
Agenda Item #7.4.

Pickleball
 Option A – Build new dedicated
pickleball facilities
 Dedicated space
 No impact to existing tennis
court use
 Highest cost, longest time to
deliver
 Option B – Convert an existing
tennis court into pickleball
courts
 Creates dedicated space
 Loss of one public tennis court
 Increased activity adjacent to
existing tennis courts
 Short time to deliver
 Could be converted back to
tennis court if dedicated
facility built in the future
Agenda Item #7.4.

Pickleball
 Option C – Resurface
underutilized asphalt patch
 Dedicated space
 No impact to existing tennis
court use
 Current condition would
require extensive resurfacing
 Footprint: Only provides
enough space for a single
pickleball court
 Option D – Dual stripe existing
tennis court(s)
 Shared court space
 Different net heights
 Inexpensive and quick project
to deliver
 Overlapping lines and shared
court space is a concern for
players of both sports
Agenda Item #7.4.

Pickleball
Comments Received in Support of Pickleball
 No existing courts in St. Helena
 Community and personal benefits
 Physical, mental, social health
 Age-friendly activity
 Players of varying skill levels can play simultaneously  Easy sport to learn and minimal equipment required
 Single tennis court footprint can accommodate up to
four pickleball courts and 16 players at a time
 Saint Helena Pickleball Club has over 50 members
who would like a local place to play
 Opportunity to add recreation programs specifically
for pickleball or combined with other racquets sports
 Increased community use of courts and the park
Agenda Item #7.4.

Pickleball
Impact to Tennis and Neighboring Community
 Understanding of the sports’ increased growth
and the need for players to have a space
 General preference is for a dedicated facility in
another location
 Concern for noise
Increased hours of activity on courts
If approved, preference is for a dedicated court
rather than shared court use
 One less tennis court available for play
 Tennis leagues require a maximum of five courts
on match days; currently using four courts
 Request for a public calendar of activity on courts
Agenda Item #7.4.

5.1 Pickleball Court 1 Court 6
Agenda Item #7.4.

Recommendation and Next Steps
 Option B – Convert Court #6 at Crane Park into four
pickleball courts
• Project estimate:$35,000
• Parks and Recreation Department 22-23 budget
• Two-week project delivery
• Estimated installation – Spring/Summer 2023
• Weather dependent
• Coordinating project delivery with existing activities Agenda Item #7.4.

Pilot Period
 Staff recommends a pilot period to better
evaluate any potential impacts and/or
modifications needed to support pickleball
and tennis players, Crane Park users, and
adjacent neighbors.
 Staff will report back to Parks and Recreation
Commission six months after completion of
project.

Agenda Item #7.4.

Questions & Comments
Agenda Item #7.4.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution accepting bids and awarding contracts to the lowest
responsible bidders for furnishing chemicals for water and wastewater treatment for Fiscal Year 2022/2023 and
authorizing the City Manager to execute the necessary
agreements or purchase orders on behalf of the City.

CEQA
Determination:

Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: April Mitts, Assistant City Manager

BACKGROUND
Bulk quantities of chemicals are used in a number of different processes to treat water at the Louis Stralla Water Treatment Plant and wastewater at the City's Wastewater Treatment Plant. It has been the City's practice to purchase these chemicals throughout the fiscal year and to establish guaranteed prices for chemical deliveries for the entire year. Water and wastewater treatment chemicals include coagulants used to remove solids; Sodium Hypochlorite as a filter aid, oxidizer, and disinfectant; Sodium Hydroxide for pH adjustment; and non-ionic polymer as a coagulant and filter aid. The purpose of this action is to provide single contracts at one or both facilities for chemical deliveries for FY 2022/2023 for each vendor that provides the lowest unit cost.

DISCUSSION
The City of St. Helena is a member of the North Bay Agency Chemical Pool (NBACP) along with 14 other public agencies. The NBACP endeavors to obtain the best available pricing through joint purchasing. In accordance with City of St. Helena Municipal Code Section 3.04.150, bidding requirements of Section 3.04.100 shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain Agenda Item #9.1.

through a cooperative competitive bidding procedure prepared by and processed through another public, local, state, or federal governmental agency. Cooperative purchases must be competitively awarded, and documentation as to the advantage of the cooperative purchase retained. By combining the quantities of chemicals needed by the purchasing consortium, the City benefits from the economies of scale and receives lower bid prices compared to if the City bid its chemical needs alone.

A Bid Summary, which lists the bidders and bids for each primary chemical, as well as the NBACP's Recommendation for Chemical Purchase, is attached (Attachment 2). At the bottom of the bid summary is a historical pricing chart for each chemical over the last 10 years. Review of the summary illustrates that over time, some costs have increased.

After review of the bids, including the NBACP recommendations, it is recommended that the Council award bids to the following lowest responsible bidders for the chemicals listed and the prices indicated:

Apparent Low Bidder Item Unit Cost
Olin Corporation Sodium Hypochlorite (NaOCI) (12.5%)
(short load)
$1.80/gallon
Olin Corporation Sodium Hypochlorite (NaOCI) (12.5%)
(full load)
$1.62/gallon
Olin Corporation Sodium Hydroxide (NaOH)
(25%) (Short load)
$1,319.67/dry
ton
Chemtrade Chemicals US Aluminum Sulfate,
(35-48%)(full load)
$386.00/dry
ton
The table below, summarizes the anticipated FY 2022/2023 quantities and costs for bid chemicals, by vendor. The total amount for water treatment is $50,496.70 and for wastewater treatment is $45,000. Historical chemical prices are shown in the chemical bid summary in Attachment 2.

Chemical costs and estimated quantities

Vendor
Name
Chemical Name Estimated
Quantity
FY 22/23
Pricing
FY 22/23
Expense
Taxed
Olin
Corporation
Sodium
Hypochlorite

LSWTP & SBW
10,000
gallons
$1.80/gallon $18,000.00 no
Olin
Corporation
Sodium
Hypochlorite
WWTP
25,000
gallons
$1.80/gallon $45,000.00 yes
Agenda Item #9.1.

Olin
Corporation
Sodium
Hydroxide 25%
LSWTP

10.0 tons $1,319.67/dry
ton
$13,196.70 no
Chemtrade
Chemicals

US, LLC
Aluminum Sulfate
LSWTP

50.0 tons $386.00/dry
ton
$19,300.00 no
Total Water Treatment Estimated Costs $50,496.70 no
Total Wastewater Treatment Estimated Costs $45,000 yes

FISCAL IMPACT
The FY 2022/2023 Louis Stralla Water Treatment Plant process chemical budget (561- 5034-2235) is $75,000. The FY 2022/2023 Waste Water Treatment Plant process chemical budget (571-5029-2235) is $70,000. The chemical costs are within the operating budgets.

RECOMMENDED ACTION
Adopt the attached resolution.

ATTACHMENTS
Attachment 1 - Resolution NBACP FY 2023
Attachment 2 - NBACP Final BID Tabulation FY 2022-2023' Agenda Item #9.1.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution accepting bids and awarding contracts to the lowest responsible bidders for furnishing chemicals for water and wastewater treatment for Fiscal Year 2022/2023 and authorizing the City Manager to execute the necessary agreements or purchase orders on behalf of the City.

A. The City of St. Helena uses bulk chemicals in its operation of the Louis Stralla Water Treatment Plant and the Waste Water Treatment and Reclamation Plant; and
B. The City of St. Helena joined the North Bay Agency Chemical Pool (NBACP) in 2006 to obtain lowest possible pricing through joint purchasing; and C. A Bid Summary, which lists the bidders and bids for each primary chemical, as well as the NBACP's Recommendation for Chemical Purchase, is attached; and D. As a member of NBACP, the City of St. Helena is entitled to purchase bulk chemicals from the NBACP's low bidders at the bid price stated; and E. The bulk chemical purchases contemplated by this resolution are exempt from other competitive bid requirements of the St. Helena Municipal Code Chapter

3.04.1 pursuant to City of St. Helena Municipal Code Section 3.04.150, "Cooperative purchasing with other agencies"; and
F. The City benefits from participating in the cooperative purchase because it takes advantage of lower bid prices due to the economies of scale in bidding larger quantities of chemicals for all thirteen agencies that cooperate in the purchasing consortium.

Agenda Item #9.1.

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

1. The bids for chemicals listed above are hereby accepted;

2. Purchase Orders are awarded to the following vendors for the bulk chemicals listed below, in conformance with the NBACP lowest responsive bids, conditioned on timely execution by each vendor of the Standard Agreement contained in the NBACP Chemical Requirements for 2018/19 bid package ("Standard Agreement") and submission of all required documents:

3. The City Manager is authorized to execute the necessary agreements or purchase orders on behalf of the City.

Approved at a Regular Meeting of the St. Helena City Council on March, 14th, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.1.

NORTH BAY AGENCY CHEMICAL POOL (NBACP) - PRIMARY CHEMICAL BID RESULTS ALUM ACID ALUM 50%
NaOH
50%
NaOH 25% NaOH 25% NaOH LOX CO2 FERRIC SODIUM BISULFITE
(Dry Ton) (Dry Ton) (Dry ton) (Dry ton) (Dry Ton) (Dry Ton) (CCF) lb (gallon) (gallon) (Dry Ton) (gallon) (Dry Ton) (adjusted) (gallon) (gallon) (gallon) Full Full Full Short Full Short 100% 100% Full Short Full Short Full Full 100% 24% Full short tote Brenntag Pacific, Inc. $920.00 1024* $1,105.00 1310* $1.18 $1.65 $16.00 Carus LLC. $1.26 $1.42 $18.17
Chemtrade Chem $386.00 $550.00
Kemira $1,378.00
Linde Inc. $1.15 $0.14
Olin Corporation $936.33 $1,086.33 $1,044.67 $1,319.67 $1.62 $1.80 Pencco, Inc. $1,195.00 $2,333.33 $560.00
Sterling Water Tech $0.99 $1.09 $13.56
Thatcher Company $386.52 $649.00 $1,800.00 $2,783.33 $668.00 Univar Solutions $742.12 $1,617.50 $885.70 $2,296.00 $2.45 $2.72 $1.795

FISCAL YEAR
FY 22-23 $386.00 $550.00 $742.12 $1,086.33 $885.70 $1,319.67 $1.15 $0.14 $1,800.00 $1.62 $1.80 $1,195.00 $1.795 $2,333.33 $560.00 $0.99 $1.09 $13.56 FY 21-22 $266.00 $450.00 $402.99 $499.90 $1.05 $0.09 $1,185.00 $0.69 $0.8027 $900.00 $1.12 $2,226.09 $534.26 $0.4488 $0.4491 $27.0545 FY 20-21 $285.00 $375.00 $443.00 $567.00 $1.00 $0.07 $1,140.00 $0.70 $0.82 $810.00 $1.09 $1,604.35 $385.04 $5.50 $5.75 $6.50 FY 19-20 $255.00 $297.70 $674.60 $762.55 $756.00 $0.26 $0.00 $850.00 $0.65 $0.65 $1.05 $1,352.17 $325.50 $0.05 FY 18-19 $255.00 $297.70 $674.60 $762.55 $0.26 $0.0506 $0.00 $850.00 $0.65 $0.65 $756.00 $1.05 $1,352.17 $325.50 FY 17-18 $232.00 $257.00 $538.22 $630.88 $0.28 $98.32 $0.00 $800.00 $0.53 $0.59 $500.00 $1.03 $1,421.74 $341.22 FY 16-17 $229.00 $229.00 $395.00 $444.06 $0.27 $615.00 $645.00 $0.47 $0.57 $438.78 $0.94 $1,661.00 $398.64 FY 15-16 $204.00 $204.00 $399.13 $463.26 $0.28 $459.00 $462.00 $0.50 $0.57 $493.70 $0.89 $1,789.83 $429.56 FY 14-15 $184.00 $184.00 $445.00 $483.80 $0.27 $519.00 $555.00 $0.51 $0.58 $517.00 $0.91 $2,065.21 $495.65 FY 13-14 $277.60 $277.60 $452.00 $479.00 $0.24 $565.00 $540.00 $0.62 $0.50 $597.00 $0.75 $2,480.39 $595.29 FY 12-13 $398.00 $398.00 $475.00 $505.00 $0.21 $565.00 $540.00 $0.58 $0.48 No Bid $0.75 $2,550.00 $612.00 FLUORIDE Orthopolyphosphate

CHEMICAL VENDOR
LIQUID Cl2 (GAS)
(1-ton Cylinder)

12.5% NaOCl
Agenda Item #9.1.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional
Services Agreement with Napa County Resource
Conservation District, in an amount not-to-exceed $75,250 for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

CEQA
Determination:

Environmental Impact Report (SCH. No. 2006092096)
Prepared By: Mario Traverso, Public Works Assistant Engineer Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager

BACKGROUND
On October 16, 2018, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract: FY 2019-036 to provide professional services for the development of a Mitigation and Monitoring Plan (MMP) to address and offset environmental effects of the dam removal work on York Creek. Work performed under the PSA includes: support the City with input on and technical review of the MMP, participate in meetings with permitting agencies and the City’s consultants, and conduct preliminary and/or pre-construction monitoring surveys as needed.

On June 23, 2020, the City of St. Helena entered into a Construction Agreement with McCullough Construction, Inc. STH Contract: FY 2020-75 on W-26 Upper York Creek Ecosystem Restoration and Aquatic Habitat Enhancement Project. Construction commenced on June 29, 2020 and was then substantially completed and inspected on September 24, 2020. The Project involved the partial removal of the Upper York Creek Dam with the overarching goal to restore fish passage and habitat connectivity for steelhead trout (Oncorhynchus mykiss), reduce potential for future downstream Agenda Item #9.2.

degradation through low-flow fine sediment releases and their associated fish kills, and allow for the restoration of approximately three acres of degraded riparian and aquatic habitat surrounding the dam and reservoir, including restoration of roughly two acres of native riparian forest. As part of the permitting process, the City is required to develop a Mitigation and Monitoring Plan (MMP) to assess and offset the environmental effects of the dam removal work.

On September 8, 2020, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract: FY 2021-023 to provide professional services for York Creek Project Year 1 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

On November 23, 2021, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract: FY 2022-041 to provide professional services for York Creek Project Year 2 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

DISCUSSION
The City requires a range of environmental services during post-construction phases of the project in order to successfully execute the project and comply with the requirements of the funding agencies. The Napa County Resource Conservation District (Consultant) has extensive knowledge of the York Creek watershed and a history of assessment and monitoring efforts in York Creek and throughout the greater Napa River Basin. All tasks will be executed according to the requirements outlined in the approved Geomorphic and Restoration Monitoring and Adaptive Management Plan for the Upper York Creek Ecosystem Restoration Project.

Napa County RCD will perform all tasks (Attachment 2) in coordination with City staff as well as with project managing consultant EKI Environment & Water, Inc. Napa County RCD shall perform the following monitoring tasks:
• Project management – Coordination of monitoring activities and attendance of meetings with City of St Helena and consultants, permitting agencies, and landowners.
• Channel Cross Section Surveys – Work to be completed in the late spring/summer, after the rainy season but prior to report submittal for inclusion in the annual report. RCD anticipates surveying all 50 sections following a wet year, and a select subset following a dry year.
• Post-storm reconnaissance surveys/Photo-monitoring – Visual inspection of streambed and banks, log structures, and bridges in Reaches 1-5 following a 2 year magnitude storm or greater. Will be performed concurrently with photo monitoring as applicable. Includes up to two events in Year 2. • Turbidity Monitoring – Four previously-established sites located along the creek will be visited four times following each event, at approximate 2-3 day intervals.

Agenda Item #9.2.

• Steelhead Spawner Surveys – Up to four spawner surveys, dependent on flow conditions.
• Vegetation Monitoring – RCD subcontract with professional vegetation ecologist/botanist, and assist as necessary. Vegetation surveys will be conducted within Reaches 3 and 4 and will include visual surveys to assess: 1) natural revegetation of the streambanks, 2) progress of the growth of planted trees and willow stakes, and 3) success of invasive plant removal efforts. • Annual Report - Prepare and submit an annual monitoring report documenting the methods and results of monitoring activities completed during the previous year.

FISCAL IMPACT
The City's adopted FY 2022-23 Operations Budget allocated $105,000 for Upper York Creek Dam Monitoring & Maintenance. The Professional Services Agreement with Napa County Resources Conservation District for York Creek Project Year 3 Monitoring Service is for an amount not-to-exceed of $75,250.

RECOMMENDED ACTION
Staff Recommends City Council Adopt the attached Resolution.

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - PSA Napa County Resource Conservation District Upper York Creek Yr. 3 Monitoring
Agenda Item #9.2.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution authorizing the City Manager to Execute a Professional Services Agreement with Napa County Resource Conservation District, in an Amount not-to-exceed $75,250 for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

RECITALS
A. On October 16, 2018, the City and Napa Resource Conservation District (Consultant) entered into the Agreement for Consultant to provide professional services for the development of a Mitigation and Monitoring Plan (MMP) for W-26 Upper York Creek Ecosystem Restoration; and
B. As part of the permitting process, the City is required to develop a Mitigation and Monitoring Plan (MMP) to assess and offset the environmental effects of the dam removal work; and
C. The City of St. Helena began the W-26 Upper York Creek Ecosystem Restoration and Aquatic Habitat Enhancement project on June 29, 2020, and notice of completion was filed following the January 12, 2021 City Council meeting; and D. The Napa County Resource Conservation District has extensive knowledge of the York Creek watershed and a history of assessment and monitoring efforts in York Creek and throughout the greater Napa River basin; and
E. Napa County Resource Conservation District will perform all tasks in coordination with City staff as well as with project managing consultant EKI Environment & Water, Inc.; and
F. Funds for York Creek Project Year 3 Monitoring Services are available and included in adopted FY 2022-23 Operations Budget for Upper York Creek Dam Monitoring & Maintenance.

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

Agenda Item #9.2.

1. Authorizing the City Manager to Execute a Professional Services Agreement with Napa County Resource Conservation District, in an Amount not-to-exceed $75,250 for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26.

Approved at a Regular Meeting of the St. Helena City Council on March 14, 2023, by the following vote:

Mayor Paul Dohring: __________
Vice Mayor Eric Hall: __________
Councilmember Anna Chouteau: __________
Councilmember Lester Hardy: __________
Councilmember Billy Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulous, City Clerk Agenda Item #9.2.

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2023 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Napa County Resource Conservation District (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Upper York Creek Project Year 3 Monitoring.

B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $75,250.00 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, Agenda Item #9.2.

subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.

B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by Agenda Item #9.2.

City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $2,000,000 per accident for bodily injury or disease.

C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Agenda Item #9.2.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.

H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.

J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required Agenda Item #9.2.

insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

Agenda Item #9.2.

SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its Agenda Item #9.2.

employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have Agenda Item #9.2.

the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

Agenda Item #9.2.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

Agenda Item #9.2.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.

B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:

Agenda Item #9.2.

To City: City Manager
City of St. Helena
1088 College Avenue
St. Helena, California 94574
To Consultant: Lucas Patzek
District Manager
1303 Jefferson Street, Suite 500B
Napa, California 94559
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Agenda Item #9.2.

Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

SECTION 29 – SEVERABILITY
Agenda Item #9.2.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.

SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.

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.

Consultant: City:

By: ________________________________ By: ___________________________ Name: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager Approved as to Form:

By: ________________________________ By: ____________________________ Name: Name: Ethan Walsh
Title: Consultant Attorney Title: City Attorney
Agenda Item #9.2.

Exhibit A
“Scope of Services”
I. Work to be Performed
Consultant shall perform the following monitoring tasks. All tasks will be executed according to the requirements outlined in the approved Geomorphic and Restoration Monitoring and Adaptive Management Plan for the Upper York Creek Ecosystem Restoration Project. Consultant will perform all tasks in coordination with City staff as well as with project managing consultant EKI Environment & Water, Inc.

Task Cost Description
Project management $4,750 Coordination of monitoring activities with City staff and consultants, permitting agencies, and landowners.

Invoicing and administration of agreement.

Post-storm reconnaissance survey $11,850 Visual inspection of streambed and banks, log structures, and bridges in Reaches 1-5 following a 2yr magnitude
storm or greater. Includes $10K RCD subcontract with
professional geomorphologist if channel conditions
require.

Thalweg surveying $7,950 Longitudinal channel survey of the York Creek thalweg through Reaches 3 and 4. Thalweg surveying is required
only if a 2yr magnitude storm or greater occurred during the previous winter flow season. Such a storm occurred
at the start of Year 2 on 10/24/2021, and therefore a
thalweg survey will be scheduled for Year 3 and should
take place in Oct 2022, when water levels are at their
lowest and vegetation is most bare.

Cross-section surveying $14,800 Re-occupation and surveying of 50 previouslymonumented York Creek channel cross sections.

Required to be conducted annually in Years 1-3, and after large storm events thereafter. Work to take place in the summer or fall when water levels are low, and will be
scheduled for the period of Jul-Sep 2023.

Photo-monitoring $3,050 Photo-monitoring at up to 56 established photo-points in York Creek channel including bridges, log structures, and graded areas. Required to be conducted annually for
Years 1-5, and again in Years 7 and 10.

Turbidity monitoring $0 Post-storm water turbidity monitoring was conducted during Years 1 and 2 following 3 winter storms, including one large storm event. Based on the results, we expect
turbidity monitoring to be complete.

Steelhead spawner surveys $8,300 Surveys of Reaches 3, 4, and 5, to identify evidence of steelhead spawning activity in Upper York Creek. Up to
four surveys per year will be conducted, dependent on
flow conditions.

Agenda Item #9.2.

Vegetation surveys $20,000 RCD subcontract with professional vegetation ecologist/botanist, and assist as necessary. Vegetation surveys are required annually and will be conducted
within Reaches 3 and 4 and will include visual surveys to assess: 1) natural revegetation of the streambanks, 2)
progress of the growth of planted trees and willow stakes, and 3) success of invasive plant removal efforts.

Annual report $4,550 Prepare and submit an annual monitoring report documenting the methods and results of monitoring
activities completed during the previous year.

Total $75,250
Agenda Item #9.2.

II. Estimated Schedule
2022-23
Task Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Project management
Post-storm reconnaissance surveys
Thalweg surveying
Cross-section surveying
Photo monitoring
Turbidity monitoring
Steelhead spawner surveys
Vegetation surveys
Annual report
Work will be completed by September 30, 2023.

Agenda Item #9.2.

Exhibit B
“Compensation”
I. Budget
The total payment for services and expenses under this Agreement shall not exceed $75,250.00.

The presented task budgets are only an estimate, as funding may be allocated differently by tasks depending on the project needs. Expenses include auto mileage, daily equipment usage fees, and subcontracts with specialists (e.g., geomorphologist, botanist).

Task Cost
Project management $4,750
Post-storm reconnaissance survey $11,850
Thalweg surveying $7,950
Cross-section surveying $14,800
Photo-monitoring $3,050
Turbidity monitoring $0
Steelhead spawner surveys $8,300
Vegetation surveys $20,000
Annual report $4,550
Total $75,250
II. Compensation
Consultant shall invoice the City each month, and the City shall compensate Consultant for the services outlined in Exhibit “A,” in accordance with the following hourly rates for the Consultant employees whose positions are noted:

Position Title Hourly Rate
Coordinator $61.87
Conservation Project Manager $86.41
Forestry Program Manager II $89.67
Environmental Scientist II $91.30
Office Manager II $96.45
Principal Program Manager, Forestry $107.14
Environmental Scientist III $113.60
Program Director $115.75
Conservation Program Manager $119.24
Executive Director $119.73
Consultant adjusts its billable rates annually on July 1 and whenever there is a change in an employee’s underlying direct pay rate. On July 1, 2023, or whenever there is any other change to any of these rates or Agenda Item #9.2.

when new positions are added, Consultant will notify City immediately, and with the approval of the City Manager, or their designee, which shall not unreasonably be withheld, Consultant may implement such adjusted rates. In any case, Consultant must still adhere to the budget limitations under “BUDGET” above.

Agenda Item #9.2.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: CONSENT ITEMS
Subject: Adoption of a Resolution Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

CEQA
Determination:

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

BACKGROUND
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services. Major examples of affected fees and charges are:

Agenda Item #9.3.

• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
• Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

Agenda Item #9.3.

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

DISCUSSION
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

Full text of Ballot Initiative
Major Provisions of the Taxpayer Protection and Government Accountability Act Fees and Charges:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based.

Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled.

Taxes:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.

Agenda Item #9.3.

• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent. • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)
• New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

Fines and Penalties:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

FISCAL IMPACT
The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. The direct impact to the City of St.

Helena is unknown at this time.

RECOMMENDED ACTION
Staff recommends Council adopt a Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

ATTACHMENTS
Resolution Opposing Initiative No 21-0042A1
FINAL-CBRT Fiscal Analysis (1-14-23)
Letter of Opposition City of St. Helena
Agenda Item #9.3.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena Opposing Initiative No. 21-0042A1, The Taxpayer
Protection and Government Accountability Act
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

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 opposes Initiative 21-0042A1.

SECTION 3. The City of St. Helena will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

SECTION 4. We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

Agenda Item #9.3.

Approved at a Regular Meeting of the St. Helena City Council on March 14, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.3.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1  Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2
subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
Agenda Item #9.3.

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 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL Agenda Item #9.3.

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measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL Agenda Item #9.3.

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
Agenda Item #9.3.

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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS
Agenda Item #9.3.

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS Agenda Item #9.3.

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Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual and reasonable test."  Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS Agenda Item #9.3.

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2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if legally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

Agenda Item #9.3.

City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”
City of St. Helena  1088 College Avenue, St. Helena, CA 94574 Website: www.cityofsthelena.org
March 15, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On March 14, 2023, the City of St. Helena voted to oppose Initiative 21-0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

You may list the City of St. Helena in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
Agenda Item #9.3.

Letter Opposing Initiative 21-0042A1
March 4, 2023

Paul Jamison Dohring
Mayor
City of St. Helena
cc: [email protected]
[email protected]
Agenda Item #9.3.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution approving: (1) a temporary closure of Adams Street and
Library Lane from Friday, May 5, 2023, at 6:00 p.m. to Sunday, May 7, 2023, at 6:00 p.m.; and (2) authorizing possession of open alcoholic beverages on those public streets for the Neighborhood Community Table Event scheduled for
Saturday, May 6, 2023, from approximately 5:00 p.m. to 9:00 p.m.

CEQA
Determination:

Categorically Exempt, Section 15323
Prepared By: Chantel Delay, Administrative Assistant
Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: April Mitts, Assistant City Manager

BACKGROUND
The Neighborhood Table is presented by St. Helena Hospital Foundation to bring the community together in the spirit of health and connection, while bringing awareness to the Hospital's mission and animating downtown St. Helena. This project is a collaboration to highlight the work being done by dynamic health and community visionaries who are committed to investing in each of us and our wellbeing, so that we may heal and create our most vital and connected lives.

The event will require the temporary closure of Adams Street, east of Library Lane to the dead end. The closure would occur from May 5, 2023, at 6:00 p.m. to May 7, 2023, at 6:00 p.m. with some local access to allow for set-up and tear down with the actual dinner taking place on May 6, 2023, from approximately 5:00 p.m. to 9:00 p.m. The closure would allow for the event and authorization for possession of open alcoholic beverages on those public streets would be for the duration of the meal event only. The event Agenda Item #9.4.

organizers would be responsible for securing an ABC license for providing alcohol at the event.

DISCUSSION
The St. Helena Hospital Foundation will be taking the lead on communicating and coordinating with all adjacent businesses on the south side of Adams Street once an encroachment permit is approved to ensure alternate access for any commercial driveways affected by the road closure throughout the event.

The event will include large rentals such as executive restrooms, dining tables, and chairs that will begin set up on Friday evening and Saturday morning. There will be a barricade equivalent to K-rail that will prevent errant vehicles driving through the actual dinner event. The event itself will be a family style dinner catered by Tre Posti and wine will be served. While the ticket price has not been finalized yet, there will be two tiers to make the event accessible to the entire community. The clean-up and pick-up will be completed on Sunday, May 7, 2023, by 6:00 p.m. The event organizers will be utilizing their own staff and volunteers for the entirety of the event.

The event will require a permit from the Police Department if amplified music is being utilized and will require security should the gathering be planned for an excess of 250 people.

The event organizers will continue to coordinate and update City staff members from the Police and Public Works Departments and follow through with any additional requirements that staff may have for the actual event.

FISCAL IMPACT
The applicant has submitted a Request for Fee Waiver for the encroachment permits and banner permit associated with this event totaling $550.00.

RECOMMENDED ACTION
Staff recommends approval of the attached resolution.

ATTACHMENTS
2023_Neighborhood Table Resolution
Road Closure Request Form_Neighborhood Table
Site Plan
Encroachment Permit Application
Agenda Item #9.4.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
APPROVING: (1) A TEMPORARY CLOSURE OF ADAMS STREET AND
LIBRARY LANE FROM FRIDAY, MAY 5, 2023, AT 6:00 P.M. TO SUNDAY, MAY 7, 2023, AT 6:00 P.M. FOR THE MAY 6, 2023, NEIGHBORHOOD COMMUNITY TABLE EVENT AND (2) AUTHORIZING POSSESSION OF

OPEN ALCOHOLIC BEVERAGES ON THOSE PUBLIC STREETS FOR

THE NEIGHBORHOOD COMMUNITY EVENT SCHEDULED FOR
SATURDAY, MAY 6, 2023, FROM APPROXIMATELY 5:00 P.M. TO 9:00 P.M.

RECITALS
A. The St. Helena Hospital Foundation, Nimbus Arts, and St. Helena Chamber of Commerce are planning the Neighborhood Community Table event to bring the community together in the spirit of health and connection;
B. The Neighborhood Community Table Event is anticipated to continue to be an annual event;
C. The St. Helena Public Works Department has requested temporary closure of Adams Street from East of Library Lane to the dead end of Adams Street for the event;
D. Closure of the City street in the area will provide space for event activities;
E. Vendors will request authorization to sell beer and/or wine at the event. St. Helena Municipal Code Section 9.04.010 authorizes the Council, by permit, to allow possession of open alcoholic beverages on public streets or any private or public off-street parking lot; F. Section 21101(e) of the California Vehicle Code provides the local authorities may, by resolutions, temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer of employee that the local authority designated by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing;
Agenda Item #9.4.

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

1. The City Council finds that the benefits derived from the temporary closing of the City street for the Neighborhood Community Table Event outweigh the anticipated inconvenience to the neighborhood and citizens, and authorize closure of:
• Adams Street from East of Library Lane to the dead end of Adams Street from May 5, 2023, at 6:00 p.m. to May 7, 2023, at 6:00 p.m. with some local access to allow for
set-up and tear down with the actual dinner taking place on May 6, 2023.

2. The possession of open container of beer and/or wine is permitted on public streets and parking lots encompassed by this event.

3. Temporarily closing a portion of the subject street is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

4. The City Manager is directed to provide reasonable levels of City staff support to accomplish closure of streets and related activities.

Approved at a Regular Meeting if the St. Helena City Council on March 14, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.4.

Revised 10/2021

ROAD CLOSURE REQUEST FORM
City of St. Helena – Department of Public Works
1572 Railroad Avenue, St. Helena, CA 94574
Phone: (707) 968‐2658|Email: [email protected]

SITE ADDRESS SCOPE OF WORK

JUSTIFICATION FOR ROAD CLOSURE
ROAD CLOSURE DATE(S) ROAD CLOSURE TIMES (SEE NOTE 1)

APPLICANT CONTRACTOR
Name Company Name
Phone Email Emergency Contact Name Emergency Phone
This form is a supplemental document to the City issued Encroachment permit. By signing, I agree to accept and abide by the provisions of the applicable ordinances of the City of St. Helena and this form:

Signature of Applicant Date

CONDITIONS OF APPROVAL

1.) Road closure hours are permitted on residential roads between 9:00 am and 4:00 pm, weekdays only and excluding holidays, unless otherwise noted. Road closures on arterials and collectors, if approved, are subject to stricter requirements.

2.) A site-specific traffic control plan and pedestrian control plan must be submitted

3.) 12-day written notice to the City Manager, Director of Public Works/City Engineer, Fire Chief, and Police Chief for review and approval.

4.) 10-day written notification of affected residents and businesses within a 1000’ radius of the proposed work.

5.) 72-hour phone notification to the affected residents and businesses

6.) Contractor shall contact the following emergency services 72-hours (3 days) prior to street closure.

St. Helena Police Department: (707) 967-2850
St. Helena Fire Department: (707) 967-2880 ext. 638 or (707) 312-3321 Upper Valley Disposal: (707) 963-7988 (If closure is on Tuesday or Wednesday) AMR: (707) 501-5280
Napa County Roads: [email protected]
Napa Sheriff: (707) 253-4440
CHP: (707) 253-4906
Caltrans: (707) 253-4919
CalFire: (707) 967-1490
SHUSD Superintendent (if work being performed is within a block of any school): (707) 967-2708

7.) Contractor shall notify Public Works at the commencement of the road closure at [email protected] or (707) 968-2658.

8.) Contractor shall provide access for emergency vehicles at all times.

RELATE TO

ENCROACHMENT PERMIT NUMBER
899 Adams Street to 999 Adams Street Load in rentals/set event/event/strike event A Community Event-The Neighborhodd Table-538 folks gathering for dinner May 5th, 2023 through May 7th. 2023 6pm thru 6pm-3 days St. Helena Hospital Foundation Susan M Duryea-on behalf of SHHF 707-287-5176 [email protected] susan m duryea 707-287-5176 February 8th, 2023 Agenda Item #9.4.

Revised 10/2021

9.) Contractor shall use Nixle and place SMS boards one in each direction of travel at the two closest intersections, 72-hours in advance for notification of work as follow:
(INSERT STREET NAME) WILL BE

CLOSED FOR
(INSERT PURPOSE)
ON THESE DATES: (INSERT APPROVED DATES)

FROM (INSERT APPROVED WORK HOURS)
(INSERT CONTRACTOR’S NAME AND PHONE#)
Director of Public Works/City Engineer Approval Signature: Date:

Public Works Operations Approval Signature: Date:

Police Chief Approval Signature: Date:

Fire Chief Approval Signature: Date:

Agenda Item #9.4.

Agenda Item #9.4.

City of St Helena Encroachment Permit 1
DTD 06/20/18

ENCROACHMENT PERMIT APPLICATION
Public Works Department
1572 Railroad Ave.

St.Helena, CA94574
(707)968-2658
For Additional Information, or Forms and Documents Please Visit the Public Works Website @ http://www.cityofsthelena.org/publicworks Property and Work Description
Site Address: 999 Adams Street to 899 Adams Street
Related Building Permit Number Work/Event Description: The Neighborhood Table Annual Community Gathering and Dining event- St Helena Hospital Foundation DIAGRAM OF PROPOSED ACTIVITY attach additional sheetif necessary Estimated Start Date_May 5th,6pm Estimated Completion DateMay 7th,6pm Property Owner I
Owner Name:City of St Helena
Address:148 Main Street
City:St. Helena State:Ca Zip:94574
Email:[email protected] Phone #:707-968-2658 x 545 Contractor/Applicant All communication from our office will be made to this person via email Company Name:St Helena Hospital Foundation Contact Name:Susan M Duryea Contractor License#: Expires:

City of St. Helena Business License #: Expires:

Address: 10 Woodland Road
City:St. Helena State:Ca Zip:94574
Email:[email protected] Phone #:707-287-5176

OFFICE USE ONLY
Encroachment Permit #:

Expiration Date:

Agenda Item #9.4.

City of St Helena Encroachment Permit 2
DTD 06/20/18
Applicant Check Off List Permit fees are due at the time of application and are NON REFUNDABLE.

Incomplete submittals will not be accepted. Encroachment Permit applications are reviewed on a weekly basis. Please allow up to TWO (2) weeks for approval.

Check Off Major Check Off Minor
$500.00 fee paid $200.00 fee paid
Proof of Insurance Coverage Proof of Insurance Coverage Copy of Civil Plans for Related Building Permit Copy of Civil Plans for Related Building Permit Traffic Control Plans Traffic Control Plans
Site Plans Site Plans
USA Tag #
Conditions:

Standards Attached:

Street Supervisor Approval Signature: Date:

Water Supervisor Approval Signature: Date:

Minimum Insurance Requirements;
General Liability Major Permit 2 Million General Liability/4 million Aggregate Minor Permit 1 Million General Liability/2 million Aggregate Auto Liability Major/Minor Permit 2 Million or Greater per Accident, Bodily Injury or Property Damage Workers Comp Major/Minor Permit 2 Million per Injury
Special Circumstances May Arise Which Could Cause Changes to These Guidelines Attach Certificate of Insurance (COI) AND Endorsements
The language in the Description section (bottom middle) must state the following:“The City of St. Helena, its agents, officers, officials, employees and volunteers” are named as additionally insured.” Disclosure Statement
NOTICE: This application will expire in 180 days from the date of submission if the permit is not pursued in good faith. The permit will expire if work is not started in 180 days or if work is abandoned for more than 180 days. A request for an extension of time must be submitted, in writing, to the Public Works Department within 180 days of issuance, or 180 days from the last approvable inspection.

Permit fees are due at the time of application and are NON REFUNDABLE. Incomplete submittals will not be accepted.

I CERTIFY THAT IN THE PERFORMANCE OF THE WORK FOR WHICH THE PERMIT IS ISSUED WILL ADHERE TO THE CITY OF ST. HELENA CITY STANDARDS.

I (We) agree to save, indemnify, and hold harmless the City of St. Helena, its Agents, Officers, Officials, Employees, and Volunteers against judgments, costs and expenses which may in any way accrue against said City in consequence of the granting of this permit.

Signature: Date: January 12th, 2023
□ Owner □ Contractor
Agenda Item #9.4.

City of St Helena Encroachment Permit 3
DTD 06/20/18

GENERAL PERMIT REGULATIONS
NOTE: ALL REQUIRED DOCUMENTS MUST BE SUBMITTED PRIOR TO APPROVAL

1. Work done under this Permit shall be in accordance with the City Standards of the Department of Public Works, State of California, Division of Highways, the Municipal Code and specifications and the provisions enumerated herein.

2. Applicants must obtain all other permits required by other public or private agencies or individuals necessary in order to perform the intended work. If this provision is not complied with, this Permit/Contract shall be null and void.

3. Authorizations for any installation granted by virtue of this permit/contract are revocable at any time.

4. Maintenance of the encroachment is strictly the responsibility of the Permittee.

5. Should construction, reconstruction or maintenance work on the highway be required, any installation authorized by this Permit shall, upon order of the Director of Public Works, be promptly removed or relocated by and at the expense of the Permittee.

6. The Permittee shall provide, erect and maintain all warning signs, lights, barriers or other devices necessary for the protection of the public.

7. During work on city streets at least one 12-foot wide traffic lane shall be open at all times unless otherwise specifically authorized.

8. Existing drainage conditions must be provided for in every instance. Nothing contained herein shall be construed as relieving the Permittee of responsibility.

9. There shall be a minimum of thirty (30) inches of cover over all pipes or conduits installed except as may be specifically authorized by the Permit.

10.Permittee shall notify the Department of Public Works three (3) days prior to the commencement of any work authorized by this Permit.

11.Insurance is required as set forth in the attached document.

12.The Permittee shall obtain a special permission from the Public Works Director if working or operating machinery outside the standard construction hours of 8:00 AM to 5:00 PM, or Sundays and Holidays.

Agenda Item #9.4.

1 Cindy Tzafopoulos
From: Tracy McBride <[email protected]>
Sent: Friday, March 10, 2023 9:45 AM
To: Cindy Tzafopoulos
Cc: Anna Chouteau; Billy Summers; Eric Hall; Lester Hardy; Paul Dohring Subject: [External] City Council Meeting 3/14/23, Item 9.4 -- request remove from consent calendar; Neighborhood Community Table Event
Attachments: CDC Noise levels.PNG; DB measured 5.21.22 Neighborhood Table.PNG Dear Mayor, City Council members, and Staff,
I respectfully request that you pull item 9.4 from the consent calendar of your 3/14/23 meeting. I support this fundraising event for the St Helena Hospital foundation, Nimbus and the Chamber of Commerce. However, there are key missing points for your consideration. I spoke with the organizer contact last year, Susan Duryea, about these same topics.  Holding this event may seem simple, but it is not, when you read my observations below. Last year, I discussed the fact my residence was impacted with excessive generator noise with the event organizer:

1. There are residences directly adjacent to the noise of this event, sharing a fence line with residential properties to the south. These residences should be notified in advance, just like the commercial properties.

This includes the 900 block of Hunt Ave, even number side. In 2022, no residences were notified, which I mentioned to the event organizer. Not only is Adams St blocked, but the parking areas of the commercial buildings are used in the event; those parking areas are adjacent to residential properties.

2. In 2022, there was significant noise impact at our residential property from this event, aside from the live music.

There was a generator operating in the commercial parking behind our property, constantly throughout the event, approximately 20' from our property line. The generator was used for the caterer. The generator was in operation from mid‐afternoon until well into the evening. I measured the decibel level in our yard at constant 85 db at one point. See attached screenshot of the decibels on that date.

Please also see attached CDC, "Noise above 70 dB over a prolonged period of time may start to damage your hearing." Can you please ask the applicant why this event can't be held on Library Lane, also a dead‐end street but with no adjacent residences? Or how about one of our city parks? I have these items for the City Council to review before approving this resolution.

1. All residences within 500 feet of this event should be notified.

2. Prohibit use of gas generators. One idea is the applicant should secure a source of electricity from an adjacent building(s). Approve the resolution subject to no gas powered generators.

3. Locate kitchen prepware as far away from residential properties as possible. If the commercial building parking lots are used, is there additional permitting required?

4. If generators must be used, is there a noise permit required for this? What is the city allowance for this noise next to a residence, in excess of a healthy level of noise, not related to construction or emergency usage?

5. When breaking down the temporary kitchen, stage and tables, direct the organizer that there are residential properties nearby, and thus some attention should be given to reducing noise especially after 10pm, but after 9pm would be appreciated.

6. Remove item "B" from the resolution recital, "The Neighborhood Community Table Event is anticipated to continue to be an annual event." At some point, Adams Street will connect to Starr Ave, and the future of this event at this location is not tenable.

Agenda Item #9.4.

2 7. I understand that the applicant may request a noise permit in the future from the Police Department if amplified music is to be used. If amplified music is part of this event like last year, it should be made clear to the City Council before you approve this resolution, so that you understand the scope of this event.

8. This is not a small neighborhood block party that has a band for a limited amount of time. This is a significantly large event, with many attendees. An approximation of the number of tickets expected to be sold should be part of this application, in order to understand the impact of the event. Is it 50 people, 500 people, 1000 people? Are there 100 staff and volunteers? This should be disclosed to estimate financial impact to the city and inconvenience to nearby residents.

9. You are approving an event not only to close Adams Street, but to allow the use of adjacent building(s)/parking areas for food/catering preparations and noise generating activities. This should be included in the resolution to be clear to all impacted parties.

I would like to remind the City Council that the commercial buildings on Adams were not permitted for public outdoor kitchen event usage. They are permitted as day‐time business usage within the office structures, other than the daycare permitted for daytime outdoor playground sounds during normal business hours.

I would like to remind the City Council that the gas powered leaf blower ordinance will be enforced as of April 1, 2023; I see no difference between a gas powered generator producing the same amount of DB and pollution constantly operating adjacent to a residential area for 5++ hours and a gas powered leaf blower.

As commercial events occur next to residential properties, it is imperative that we get along and do our best to minimize impact. I am very disappointed there is no consideration of the residential properties adjacent to this event. Events of this type in St. Helena need to be managed with care and consideration.

Thank you for your attention to this issue.

Tracy McBride,
Phone: 510‐517‐6202
email: [email protected]
Agenda Item #9.4.

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Agenda Item #9.4.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: CONSENT ITEMS
Subject: Recommended approval of a resolution authorizing (1) the City Manager to execute Amendment No. 1 with Economy
Lock and Key, Inc. for security associated with the Napa Valley College Tenant Improvement Project (NVC-TI) in the amount of $45,000 for a total not-to-exceed $68,523.67 (2) a budget increase of $45,000 to 101-4000-2145 and use of
general fund balance of the same.

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
Recognizing the deterioration of the City’s assets, the City Council set in motion a series of studies, working committees, and reports to categorize assets, provide costs estimates for replacement/repair, and develop funding strategies for the replacement/repair of assets. In particular, the work of the SHAPE Committee and the Financing Civic Infrastructure Taskforce provided resources and recommendations that still have merit and may provide to be direction for future or permanent efforts for municipal faculties.

In December of 2019, a near fire broke out in City Hall located at 1480 Main Street, resulting in smoke damage throughout the building. On January 6, 2020, a Special City Council Meeting was held to discuss the cost and anticipated timing of repairs necessary for City Hall (1480 Main Street) and the City's then Public Works Administration Building (1572 Railroad Avenue). On May 25, 2021, the City Council approved a Resolution 2021- 73 authorizing the City Manager, or designee, to execute a lease for a portion of the Napa Valley Community College District Upper Valley Campus for space to serve as a City Hall and Police facility. The initial term of the lease is for five years with the option to extend Agenda Item #9.5.

the lease for an additional two-year term. Tenant Improvements (TI's) are necessary in order to facilitate the specific needs of the City.

DISCUSSION
On November 22, 2022, the City Manager executed a contract with Economy Lock and Key, Inc. for an amount not-to-exceed of $23,532.67 (Attachment 3). Economy Lock (Consultant) has extensive knowledge of the City's security needs and has assisted the City with setting up the electronic lock system at each of the City's facilities.

The initial agreement included the set up of the electronic lock system, installation of the wireless security system, and the removal and installation of door lock hardware. During the course of the move to Napa Valley College the need was identified for additional security measures. These measures include secured door locks for the main entry and side entry doors, and the access to the Community Development and Public Works Department's area.

Currently, these doors must be manually locked or unlocked. The City plans to increase security of the City Hall campus by replacing the hardware on the external doors to electronic lock facility security system this would eliminate the possibility of doors left unlocked during non-working hours. Doors would be set to automatically unlock and lock based on City Hall hours of operation.Staff and authorized personnel will be issued electronic proximity key fobs that are pre-programmed for specific doors and access points. The additional scope of services will enhance the security of the building by controlling access to the City Hall facility.

Staff is recommending an amendment to the agreement for an additional $45,000 for a total contract amount not-to-exceed $68,523.67.

FISCAL IMPACT
The fiscal impact of the Amendment is $45,000 for a total not-to-exceed amount of $68,523.67, resulting in a budget increase to 101-4000-2145 of $45,000 and use of General Fund balance of the same.

RECOMMENDED ACTION
Staff recommends adoption of the attached resolution.

ATTACHMENTS
Attachment 1: Resolution
Attachment 2: Amendment No. 1 STH Contract FY2023-018
Attachment 3: STH Contract FY 2023-018
Agenda Item #9.5.

CITY OF ST. HELENA
RESOLUTION NO. 2023 –
Authorizing (1) the City
Manager to Execute
Amendment No. 1 to STH
Contract: FY2023-018 in the
amount of $45,000 to the
Professional Services
Agreement with Economy Lock
and Key, Inc. for security for
the Napa Valley College Tenant
Improvement Project (NVC-TI)
for a total amount not to
exceed $68,523.67; (2) a budget
increase of $45,000 to 101-
4000-2145 and use of general
fund balance of the same.

A. It has been determined that current City Hall and Police Department facilities have exceeded their functional life; and
B. On May 25, 2021, the City Council approved a
Resolution 2021-73 authorizing the City Manager, or
designee, to execute a lease for a portion of the Napa
Valley Community College District Upper Valley Campus
for space to serve as a City Hall and Police facility; and C. On August 6, 2021, a formal lease agreement between
the City and the Napa Valley Community College Upper
Valley Campus was executed; and
D. On November 22, 2022, the City Manager executed a
contract with Economy Lock and Key, Inc. for an amount
not-to-exceed of $23,532.67 for security for the Napa
Valley College Tenant Improvement Project (NVC-TI);
and
E. The agreement’s current scope of services does not
include the funds, or the additional work needed to allow Economy Lock and Key, Inc. to increase security of the
City Hall campus; and
F. The City of St. Helena and Economy Lock and Key, Inc. now desire to execute an amendment to the agreement
to expand the scope of the services provided to include Agenda Item #9.5.

additional security for the Napa Valley College Tenant
Improvement Project (NVC-TI) in the amount of $45,000
for a total not to exceed amount of $68,532.67.

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

1. Authorizes the City Manager to execute
Amendment No. 1 to STH Contract: FY2023-018
in the amount of $45,000 to the Professional
Services Agreement with Economy Lock and Key,
Inc. for security for the Napa Valley College
Tenant Improvement Project (NVC-TI) for a total
amount not to exceed $68,523.67 ;

2. Authorizes a budget increase of $45,000 to 101-
4000-2145 and use of general fund balance of the
same.

Approved at a Regular Meeting of the St. Helena City
Council on March 14, 2023, by the following vote:

Mayor Paul Dohring: ____ _
Vice Mayor Eric Hall: ___ __
Council Member Anna Chouteau: ___ __
Council Member Lester Hardy: ___ __
Council Member Billy Summers: _ ____
APPROVED: ATTEST:
__________________________
__________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos,
City Clerk
Agenda Item #9.5.

AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT WITH ECONOMY LOCK
AND KEY, INC.; STH CONTRACT NO: 2023-018 FOR SECURITY

ASSOCIATED WITH THE NAPA VALLEY COLLEGE TENANT
IMPROVEMENT PROJECT (NVC-TI) FOR AN ADDITIONAL $45,000
FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $68,523.67.

This Amendment No. 1 to Professional Services Agreement City of St. Helena STH Contract: FY 2023-018 is made effective on March 14, 2023, by and between the City of St. Helena, a municipal corporation (“City”), and Economy Lock and Key, Inc.
(“Consultant”).

RECITALS
A. On November 22, 2022, the City of St. Helena and
Economy Lock and Key, Inc. entered into an agreement for services associated with the security for the Napa Valley College Tenant Improvement Project (NVC-TI); and
B. Economy Lock and Key, Inc. has requested an amendment to the agreement budget in the amount of $45,000
because of tasks that required additional efforts, tasks beyond the original scope of service, and to be able to provide a fully electronic lock facility security system for City Hall; and
D. The City of St. Helena desires to continue utilizing Economy Lock and Key, Inc. to provide these services as they are critical for the Napa Valley College Tenant
Improvement Project (NVC-TI); and
E. The City of St. Helena and Economy Lock and Key, Inc. now desire to amend the Agreement for an additional $45,000 for a total not to exceed of $68,523.67.

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:

Agenda Item #9.5.

1. Section 4.A. Compensation, is amended to read as
follows:
“Total compensation shall not exceed
$68,523.67…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

CONSULTANT:

Signature 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 St. Helena
ATTEST:
____________________________
City of St. Helena City Clerk
Cindy Tzafopolous
Agenda Item #9.5.

STH Contract FY: 202
3-018 Agenda Item #9.5.

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Report to the City Council
Regular City Council - 14 Mar 2023 -

REPUBLISHED WITH PRESENTATION
Agenda Section: OLD BUSINESS
Subject: Presentation of the Water and Wastewater Rate Study Recommendations for the Capital Improvement Program,
Financial Plan Scenarios, and Rate Structure Alternatives.

CEQA
Determination:

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

BACKGROUND
The City's key objective of the current Water and Wastewater Rate Study (rate study) is to minimize the growth of the rates while ensuring that sufficient funds are generated to provide for a stable and well-functioning water and wastewater system. To ensure that this objective is achieved, the City engaged a Water and Wastewater Rate Study Advisory Committee to collaborate in the following:
• Reviewing and confirming financing assumptions and options presented by staff and the consultant for CIP projects in the first five years of the Rate Study, giving due consideration to project prioritization (immediate need, and estimated cost) and the proper balance of using cash versus debt.
• Reviewing and confirming significant financial assumptions in the Study, such as reserves, adequacy of sinking funds, and designated and undesignated fund balances in accordance with generally accepted municipal financial principles. • Review findings and recommendations to ensure equitable allocation of costs related to industrial, commercial, and residential users, rate models, and recommend appropriate rates and changes with consideration given to location, setting, special demands or unique conditions.

Agenda Item #11.1.

The Water & Wastewater Rate Study Advisory Committee participated in a total of eleven meetings to review materials related to the rate study and make recommendations to City Council regarding key components of the study.

DISCUSSION
The purpose of a Water and Wastewater Rate Study ("rate study") is to determine the level of funding required over the next five years to ensure that each utility is meeting financial obligations for ongoing operations and maintenance, debt service, and capital improvements while maintaining prudent reserves. Updating the water and wastewater rates to keep up with the rising costs of providing safe and high-quality drinking water and wastewater services is a key component of maintaining the financial viability of the utilities, including maintaining healthy fund balances/reserves for emergencies and applicable bond covenants, debt coverage ratios for bond covenants, and strong credit ratings. Updates to the rate study are also necessary to fund investments in infrastructure maintenance and improvements which are mandated or otherwise necessary for safe and efficient operation of the utilities.

California's Proposition 218 requires that rates be equitably apportioned and proportional to the cost of providing services. The rate study conducts a cost-of-service analysis, which evaluates the cost of providing water and wastewater and allocates those costs to rate structure components to ensure the proposed rates are aligned with the costs to provide service and that all customer classes are subject to the equitable cost recovery whether they are located inside or outside of City limits.

On March 25, 2022, the City Council approved a resolution authorizing the City Manager to execute a Professional Services Agreement with Raftelis Financial Consultants to provide services associated with a Water and Wastewater Rate Study based on their experience as one of the largest firms in California, and the country, specializing in financial, rate, and management consulting for water, wastewater, and stormwater utilities. In addition, Raftelis has assisted numerous agencies in California implementing conservation-based rate structures, with special consideration for climate variation, cyclical drought conditions, and long-term passive conservation.

The scope of service for Water and Wastewater Rate Study project included the following tasks:
• Task 1: Project Initiation, Management, and Data Collection. Public input and engagement will be sought at this initial stage, as well as throughout the rate study process during public outreach and workshops identified in the project tasks.
• Task 2: Financial Plan Development for Water and Wastewater Services - This will include creation of a model to examine the utilities' 10-year financial plan to determine additional revenue required to ensure the financial integrity of the City's water and wastewater enterprise funds.
• Task 3: Cost-of-Service Analysis - This analysis will determine updated cost allocations to the City's utility systems to ensure costs are fairly recovered across user classes.

Agenda Item #11.1.

• Task 4: Rate Survey - This survey will provide a comparative rate analysis of comparable communities.
• Task 5: Rate Design - Rate models will be developed with flexibility to compare the current rate structures with proposed alternatives. • Task 6: Capital Renewal & Replacement (R&R) Considerations and Scenarios - Alternative capital financing strategies will be developed to allow the City to best meet its fiscal and public policy objectives.
• Task 7: Rate Study Report - This report will document the methodology used to calculate the City's water rates and demonstrate conformance with cost-ofservice principles, developed with the legal requirements of Proposition 218, and guidance from the City's legal counsel.
• Task 8: Customer Impacts and Sensitivity Analysis - The customer impact analysis will include data that shows projected rate impacts by customer class at various levels of usage.
• Task 9: City Council Workshops - This task will include three Rate Workshops. • Task 10: Proposition 218 Noticing and Public Hearing
• Task 11: Community Engagement and Stakeholder Information Sessions - This task will include four community meetings conducted in an Open House format and one virtual community meeting.

On February 28th, City staff and Raftelis provided an update to City Council detailing the completed tasks of the rate study and recommendations that had been made up to that point by the Water and Wastewater Rate Study Advisory Committee ("Advisory Committee"). As a result of the collaboration and dedication of the committee members several important decisions were made to further the progress of the rate study, which consist of the following:

1. Recommendation for the Water and Wastewater Capital Improvement Program to be included in the rate study. This recommendation includes a hybrid of the Capital Improvement program prepared by the Public Works Department that removes the Recycled Water Project. Removing this project reduces the impact on the recommended water and wastewater rates and allows the City to conduct a study to determine the needs and future use of the recycled water.

2. Recommendation for the Water and Wastewater Financial Plan scenarios. This recommendation maintains the existing reserve policy for the Water and Wastewater funds and achieves the necessary revenue requirements to fund the recommended Capital Improvement Program.

On March 7, 2023, the Water and Wastewater Rate Study Advisory Committee met to review three alternative rate structures for the water rates, one rate structure for the wastewater rates, private fire charges, elevation surcharges, possible differential between inside and outside city limits, and drought rates/surcharges.

After extensive review and deliberation amongst the committee members the following recommendations are being made to the City Council:

Agenda Item #11.1.

1. Recommendation of Water Rate Structure Alternative 2, which includes a 28% increase to the water rates. This model tiers all customer classes the same and differentiates tiers by water source of supply while recovering 40% of the total rate revenues through the fixed charges.

2. Recommendation of the proposed Wastewater Rate Structure, which includes a 50% increase to the wastewater rates. This model maintains the existing rate structure for all customer classes.

3. Recommendation of the proposed Private Fire Charges based on the fire line diameter.

4. Recommendation to defer decision to City Council based on consultant recommendation of not including elevation surcharges due to the de minimis amount of cost and revenue relative to the total revenue requirement.

5. Recommendation to defer the decision to City Council to differentiate rates between inside and outside city limits. Staff/Consultant do not recommend further evaluation due to absence of a cost-of-service difference that warrants a differential.

6. Recommendation of Drought Rate Alternative 2, which is based on a percentage increase based on tiers and increases from Phase I to Phase II and from Phase II to Phase III.

Please see the attachments for additional information and explanation.

As evidenced from both the background and discussion sections, there has been an extensive amount of time and resources invested by the committee, staff, and consultant on this rate study. Deliberations and recommendations by the committee were not easy.

It is important to note that the committee members were not unanimous in making the recommendation for Water Rate Structure - Alternative 2, which was moved forward by the committee with a 4-2 vote; however, they were unanimous on recommendations 2 - 6 above.

City staff is requesting the City Council to affirm the recommendations for the Water and Wastewater Rate Study Committee or to make alternative recommendations to be included in the final rate study report.

The timeline for the outstanding tasks to complete the rate study is as follows:

Task Description Date
Water and Wastewater
Rate Study Report
Complete Report for
Presentation to City
Council
March 28, 2023
City Council Meeting Rate Authorization and
First Hearing March 28, 2023
Customer Noticing Mail Proposition 218
Notices March 31, 2023
Agenda Item #11.1.

City Council Meeting Second Hearing and
Adoption of Rates May 23, 2023
Customer Outreach
Customer Educations,
Conservation, and
Compliance
April - June 2023
Rate Implementation Effective Date of Adopted
Rates July 1, 2023

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

RECOMMENDED ACTION
Review and discuss the Water and Wastewater Rate Study Advisory Committee recommendations of the Capital Improvement Program, Financial Plan Scenarios, and Rate Structure Alternatives and make final recommendations to be included in the final rate study report.

ATTACHMENTS
Attachment A - Recommended Water and Wastewater CIP
Attachment B - Recommendation for the Water and Wastewater Financial Plan scenarios
Attachment C - Rate Alternatives Comparison
Attachment D - Water and Wastewater FAQ
Water and Wastewater Rate Study Raftelis Presentation March 14 2023 Agenda Item #11.1.

City of St. Helena 10-Year Water Capital Improvement Program Project Funding Source FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 W‐109 Bell Canyon Intake Tower Replacement Unrestricted $329,323 $2,963,904W‐80 Dwyer Road Booster Pump Station Unrestricted $900,000W18‐113 SCADA Improvements ‐ Offsite Communications Unrestricted $160,000 $320,000 $320,000W‐86 Spring Mountain Pressure Zone Improvements (Holmes Tank Upgrade) Unrestricted $304,494 $1,370,221 $1,370,221PWTM‐1 Napa Intertie Pipeline Replacement Unrestricted $1,143,000 $2,286,000 $2,286,000Smart Water Meters Unrestricted $394,000 $788,000 $788,000W21‐01 Kearney & Andrea Water Main Replacement Unrestricted $875,705W‐101 Rehabilitate Tank 2 at Lower Reservoir Unrestricted $940,000W18‐111 WTP Condition Assessment Unrestricted $200,000Napa Intertie Pump Station Replacement (Construction) Unrestricted $200,000 $100,000 $500,000 $10,000,000Napa Intertie Pump Station Replacement (DESIGN) Unrestricted $400,000 $1,900,000Water Treatment Plant (Water Treatment Plant Rehabilitation) Unrestricted $400,000 $4,000,000 $4,000,000PWTM‐2 Water Treatment Plant Transmission Main Replacement Unrestricted $1,590,800 $3,181,600 $3,181,600W18‐118 Water Main Annual Replacement Program Allowance Go-Bond $288,000 $288,000 $288,000 $288,000 $288,000PWRR‐1 Yr 6‐10 ‐ Water Main Annual Replacement Program allowance (not funded by GO Bond) Unrestricted $197,350 $197,350 $197,350 $197,350PWRR‐1 Future Allowance for Pipeline R/R (Years 11‐15) UnrestrictedPFAS Sampling Project Unrestricted $25,000Disinfection By Products Project Unrestricted $50,000 $323,000 $323,000 Risk and Resilience Assessment Report dated January 2022 ‐ Additional recommended items Unrestricted $75,000 $75,000Cyber‐Security Implementation Unrestricted $25,000 $25,000Asset Management Program Development Unrestricted $50,000 Asset Management Software Assessment & Optimization planning Unrestricted $15,000CMMS Purchase & Setup Unrestricted $50,000ArCommercialIS Purchase & Setup Unrestricted $35,000 $15,000Allocated RW CIP Unrestricted $250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,163,705 $6,820,123 $10,396,998 $8,706,821 $2,481,221 $10,597,350 $4,197,350 $4,197,350 $197,350

ATTACHMENT A
Agenda Item #11.1.

City of St. Helena 10-Year Wastewater Capital Improvement Program Project Funding Source FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 S‐52 WWTP Phase I Upgrades USDA $12,061,800 $1,340,200S23‐01 Recycled Water ‐ Deliver Recycled Water to Crane Park's Irrigation (Design only) Unrestricted $50,000WWTP Pond Cleaning, Decommissioning, and Repurpose Unrestricted $500,000 $500,000W‐86 Spring Mountain Pressure Zone Improvements (Holmes Tank Upgrade) Go Bond $248,000 $248,000 $248,000 $248,000 $248,000PWTM‐1 Napa Intertie Pipeline Replacement Go Bond $570,000 $570,000WWGM‐6 Del Campo Curt Go Bond $608,000W21‐01 Kearney & Andrea Water Main Replacement Go Bond $222,000W‐101 Rehabilitate Tank 2 at Lower Reservoir Unrestricted $60,000W18‐111 WTP Condition Assessment Unrestricted $669,600 $669,600 $669,600 $669,600 $669,600WWRR‐4 Model Update and System Analysis Unrestricted $50,000WWRR‐5 CCTV Inspection Phase 2 Unrestricted $328,500 $328,500WWRR‐6 Address R/R needs from Phase 1 CCTV Program Years 6‐10 & 11‐20 Unrestricted $357,350 $357,350 $357,350 $357,350Asset Management Program Development Unrestricted $50,000W18‐118 Water Main Annual Replacement Program Allowance Unrestricted $15,000CMMS Purchase & Setup Unrestricted $50,000PWRR‐1 Future Allowance for Pipeline R/R (Years 11‐15) Unrestricted $35,000 $15,000 $0 $0 $0 $0 $0 $0 $0S21‐01 WWTP Recycled Pipeline and Pump Station (design only) Unrestricted $0 $250,000 $0 $0 $0 $0 $0 $0 $0 $12,061,800 $2,814,800 $2,170,600 $1,602,600 $1,467,600 $1,417,600 $685,850 $685,850 $357,350 $357,350 Agenda Item #11.1.

Scenario 2 (Hybrid CIP)
7 Fiscal Year Revenue Adjustment Proposed Debt
FY 2024 28% $10,500,000FY 2025 8% $0FY 2026 8% $23,000,000FY 2027 8% $0FY 2028 8% $0FY 2029 3% $24,000,000FY 2030 3% $0FY 2031 3% $0FY 2032 3% $0

ATTACHMENT B
Agenda Item #11.1.

Scenario 2 (Hybrid CIP)
10 Fiscal
Yearas
Revenue
Adjustment Proposed Debt Proposed Interfund Loan
FY 2023 0% $0 $873,610FY 2024 50% $3,000,000 $1,000,000FY 2025 4% $0 $0FY 2026 4% $0 $0FY 2027 4% $0 $0FY 2028 4% $0 $0FY 2029 3% $0 -$873,610FY 2030 3% $0 $0FY 2031 3% $0 -$1,000,000FY 2032 3% $0 $0 Agenda Item #11.1.

 













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City of St. Helena – Water and Wastewater FAQ’s
Can non-City water customers be charged a higher rate for water? Per California Constitution Article 13D, water rates imposed must meet several requirements, one of which provides that the amount of a fee or charge imposed upon any customer shall not exceed the proportional cost of the service attributable to the parcel. What this means is that the City cannot charge a higher rate for a customer based on location unless it can be justified that it costs more to deliver water to a particular geographical region. The City is currently undergoing a rate study in which this option is being evaluated.

Why can’t the City cancel the water agreements that provide water to customers outside the City’s boundaries? The City has water agreements with certain customers located outside the City limits that have been City customers for many years, dating to a time before the City’s current policy of not providing new water service to customers outside the City limits. The water agreements are not the basis for City’s water service to these customers, they instead impose a limitation on water useage to no more than the customers historic levels of use. The City has had a long-standing policy of requiring historic customers outside of the City limits to enter into water agreements as a condition of any new development, to ensure that the new development would not increase water usage beyond historic levels. If the water agreements were cancelled, these customers would still receive City water, and would not be subject to the limitations set forth in the water agreements. This would not be a desirable outcome for the City or its water system.

If we cannot cancel the water agreements, can we charge them a higher rate than residential customers? The vast majority of the City’s water agreements are agreements with historic water customers outside of the City.

For these customers, a higher rate cannot be charged for water use simply because a water agreement is in place. Per California Constitution Article 13D, water rates imposed must meet several requirements; one of which maintains the amount of a fee or charged imposed upon any customer shall not exceed the proportional cost of the service attributable to the parcel. All water agreement customers pay the same per unit price of water as every other potable water customer in the St. Helena Water Enterprise system. The City does have a small number of agreements for raw (untreated) water, which is sold based on a negotiated rate. The City does have more flexibility to negotiate a different rate for these types of agreements because this water is not provided as part of the City’s water system. The City could take a similar approach when providing recycled water as that program develops. However, most of the parties with water agreements are historic customers of the City’s water system and are subject to the same rates as all other customers.

Can the City Cancel the Carpenter Water Agreement?
The City Attorney is aware of the concerns raised with regard to the Carpenter Agreement and is preparing to provide a recommendation to the City Council in connection with the agreement and the subject property. It is important to note, however, that the owner of the Carpenter property has certain water rights secured through the State Water Board, and the agreement provides that the water that is conveyed to the Carpenter property is only that water for which the property owner has secured water rights. In that sense the owner of the Carpenter property is different than other water customers.
2011 and 2016 Rate Studies - Planned vs. Actual 10-Year Summary (FY 2012 through FY 2021) In 2021, staff worked with an independent CPA to compare the 10-Year planned spending vs. the actual spending for the Water and Wastewater enterprises. The Wastewater fund estimated total of $4.8 million would be spent on CIP and the City spent $4.1 million which used 85% of the 10-Year CIP budget. Total estimated revenue for the wastewater system was $29 million, but the actual collected was $26.9 million - $2.1 million less than anticipated. The Water fund estimated $17.2 million would be spent on Capital Improvement Projects (CIP). The City spent $11.3 million or 66% of the CIP budget for the 10-Year period. There was a difference of $5.9 million, of which $5.2 million worth of work was intended to be funded by debt which was never issued and the money collected is available in fund balance. Total estimated revenue for the water system was $58.9 million, but the actual collected was $56.3 million - $2.7 million less than anticipated.

ATTACHMENT D
Agenda Item #11.1.

City of St. Helena – Water and Wastewater FAQ’s
What water rates do customers who have water agreements pay compared to customers who do not have agreements?
Water agreement customers pay the same unit price of water as every other potable water customer in the St. Helena Water Enterprise system, as required by California Constitution Article 13D.

When the City was in a Phase II water emergency, penalties were collected for those customers who exceeded their water allocations, where were these funds placed and what were they used for? All funds collected through penalties was placed in the City’s Water Enterprise Fund and used for the following: offset revenue losses due to conservation, the first intallment of the Hall settlement agreement (per City Council Direction), and to pay for additonal resources necessary to implement the Phase II water restrictions.

Is it bad practice to have the same person handling the financial accounts for the General Fund and the Water and Wastewater Utility Funds?
No, this is a standard practice and is acceptable. Local government finance departments almost always support all funds within their respective governments’ scope of control. Best practices for internal control focus on role-based segregation of duties, e.g., bank reconciliation vs. deposits; not the functions supported. Additionally, there is no best practice recommendations proposed by a recognized standards setting body (Governmental Accounting Standards Board – GASB) that call for separating the staff that support the general fund from staff that support enterprise funds.

Are the City’s financial’s are audited on an annual basis? Yes, annually, the City’s financial statements are audited by an independent public accounting firm fully licensed and qualified to perform audits of public agencies within the State of California. The Annual Comprehensive Finacial Report (ACFR) is prepared in accordance with Generally Accepted Accounting Pricicples (GAAP) as promulgated by the Governmental Accounting Standards Board (GASB). The ACFR contains a citywide view of all governmental and business-type (Water/Wastewater) activities, as well as the financial position and operating results of the City’s major funds. The financial statements included in the ACFR represent all City funds, and the water and wastewater funds receive explicit audit coverage in auditors work and opinions.

Is the City seeking grant opportunities to help offset Water and Wastewater Capital Improvement Program Project Costs?
Yes, the City is actively pursuing grants, which includes funds for critical, and costly, Water and Wastewater capital projects. The City has retained California Consulting to continually review grants available and work with staff to determine if the City is elgible to apply for such grant funding.

Can the City utilize tiered water rates?
Yes, the Water and Wastewater Advisory Committee has requested several alternative rate structures which include tiered rates. While tiered or inclined rates that go up progressively in relation to usage are consistent with California law, the tiers must still correspond to the actual cost of providing service at a given level.

Why haven’t some of the older Capital Improvement Program Projects been completed? There are a varity of reasons why projects may have not been completed which includes, but is not limited to: staff turnover and vacancies, project costs exceeded estimates, lack of funding, and lack of optimal staffing levels.

What is being done to ensure Capital Improvement Program Projects will be completed following the adoption of the new rates?
While key staff vacancies remain, staff is embarking on retaining consultants for a variety of porject delivery/”owner representation” services to ensure timely development, delivery, and commissioning of the projects critical to the sustainable operations of the water and wastewater systems.

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Agenda Item #11.1.

Report to the City Council
Regular City Council - 14 Mar 2023
Agenda Section: NEW BUSINESS
Subject: Implementation of a Fats, Oils, and Grease ("FOG") cloudbased management platform 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 has acquired a Fats, Oils, and Grease ("FOG") cloud-based management platform software through FOG BMP for food service establishments within City limits.

FOG control, enforcement codes and standards, water quality, public health & safety, Grease Separation Device (GSD) research and development, waste hauling, drain line cleaning, as well as FOG management consulting, are all areas of concern for environmental health.

Through the years, City staff has seen, firsthand, the negative impact fats, oils, and grease has on the drain systems of food service establishments (FSE’s), our public sewer systems, wastewater treatment plant and the clean bodies of water they discharge into.

Staff has witnessed the significant financial burden mismanaged FOG is having on FSE’s through emergency maintenance expenditures.

Due to the deterioration of our sewer system infrastructure and the significant health hazard FOG imposes, nationally mandated Municipal FOG Control Programs have emerged. The implementation of the FOG BMP program is the solution to this massive problem.

Agenda Item #12.1.

DISCUSSION
On December 17, 2022 the City obtained a software through FOG BMP to both monitor and provide educational materials for all grease generating facilities within City limits. The program offers a portal for each facility to monitor and input up to date documents for their grease interceptors as well as provide training that food service establishments can access for their staff.

FOG BMP is an interactive web-based program that connects Food Service Establishments, Liquid Waste Hauling Companies and Municipalities through the use of tools and training, enabling them to manage all aspects of FOG handling from one central hub.

Education, awareness and civic responsibility is the key to solving this difficult but manageable problem that communities are faced with all across our country.

Implementation of this FOG BMP program will have enormous effects downstream, from keeping the infrastructure of our community functioning as it was intended, to the preservation of clean rivers, streams, lakes and recreational water.

FISCAL IMPACT
The fiscal impact of this software is $2,000. This amount was authorized in FY 2023 from the Wastewater Collection Budget 571-5020-2153. The software was purchased in December 2022.

RECOMMENDED ACTION
Receive and file presentation from staff related to the implementation of the FOG BMP software platform and process.

ATTACHMENTS
Presentation
Agenda Item #12.1.

Agenda Item #12.1.

Agenda Item #12.1.

Agenda Item #12.1.

Agenda Item #12.1.

Profiles all the FOG generating facilities in your jurisdiction.

Agenda Item #12.1.

Profiles the grease separation device(s) within each facility.

Agenda Item #12.1.

Profiles all waste haulers that are registered/licensed in your jurisdiction Agenda Item #12.1.

Profiles all licensed and approved disposal facilities.

Agenda Item #12.1.

Automated cleaning record submission
with electronic cleaning logs for each facility.

Agenda Item #12.1.

Tracking and alerts for delinquent and missed grease trap cleanings Agenda Item #12.1.

Custom Fats, Oils and Grease Best Management Plan for each facility.

Agenda Item #12.1.

Kitchen staff FOG training modules
with certificates of completion.

Agenda Item #12.1.