Agenda, regular meeting — St. Helena City Council, May 23, 2023 (part 1 of 2)

City of St. Helena
Regular City Council Meeting
Tuesday, May 23, 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 received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. 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

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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. Oath of office for Lesley Milton, Assistant to the City Manager by Cindy Tzafopoulos, City Clerk

7.2. Oath of office for Andrew Bradley, Assistant to the City Manager by Cindy Tzafopoulos, City Clerk

7.3. National Public Works Week Proclamation - May 21-27, 2023 Proclamation
9 7.4. Historic Preservation Month - May 2023
Proclamation
11 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. April 2023 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and File
Staff Report - Pdf
13 - 18

9.2. Consideration and proposed adoption of a Resolution accepting the work and directing the filing of the Notice of Completion for the Silverado Trail Guardrail Replacement project, Capital Improvement Project R19-07.

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

Approve the attached Resolution to accept the work and direct the filing of the Notice of Completion for the Silverado Trail Guardrail Replacement Project, Capital Improvement Project R19-07.
19 - 22

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Staff Report - Pdf

9.3. Consideration and proposed adoption of a resolution approving additions to the Measure T project list.

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

Adopt a resolution approving the requested project additions to the FiveYear Measure T Expenditure Plan for Fiscal Year 2022-23 through Fiscal Year 2026-27.

Staff Report - Pdf
23 - 34

9.4. Consideration and adoption of a Resolution (1) Authorizing the City Manager to execute a Construction Contract with Argonaut Constructors in the amount not to exceed $124,200 for the emergency water pipeline replacement at the intersection of Mitchell Drive and Highway 29 in St Helena; (2) Authorize staff to increase fund 763-5030-3160 expenditures and increase fund 763-3460-0000 revenues; (3) Authorizing the Director of Public Works to approve change orders not to exceed 15% of the contract amount.

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

Adopt a Resolution (1) Authorizing the City Manager to execute a Construction Contract with Argonaut Constructors in the amount not to exceed $124,200; (2) Authorize staff to increase fund 763-5030-3160 expenditures and increase fund 763-3460-0000 revenue to reflect the project cost and reimbursement; (3) Authorizing the Director of Public Works to approve change orders not to exceed 15% of the contract amount.

Staff Report - Pdf
35 - 49

9.5. Consideration and proposed adoption of a resolution approving a Professional Services Agreement with Pacific Tree Care for Phase 2 Tree Pruning in Crane Park and various Heritage Trees pruning in an amount not to exceed $78,849.30 and authorizing the City Manager to execute the agreement.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Carlos Uribe, Assistant Public Works Operations Manager
Recommendation:

Staff recommends City Council adopt a resolution approving a Professional Services Agreement with Pacific Tree Care for tree pruning in Crane Park Phase two, and Heritage Trees in an amount not to exceed $78,849.30 and authorize the City Manager to execute the agreement.

Staff Report-Tree Pruning 2022-2023 - Pdf
51 - 91

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9.6. Consideration and Proposed Adoption of a Resolution Adopting a list of Projects for Fiscal Year 2023-24 funded by SB1: The Road Repair and Accountability Act of 2017.

CEQA Determination: Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Adopt a resolution adopting a list of projects for fiscal year 2023-24 funded by SB1: The Road Repair and Accountability Act of 2017.

Staff Report - Pdf
93 - 97

9.7. Proposed Approval of a Resolution Memorializing the City Council Decision at the May 9, 2023 City Council Meeting Approving a Partial Waiver of Penalties Incurred by the Hoff's During the Phase II Water Emergency. Total Penalties Waived: $112,175.06 and Total Penalties to be Paid by the Hoff's: $139,204.22.

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

Approve the attached resolution.

Staff Report - Pdf
99 - 102

9.8. Consideration and Approval of a Resolution Approving a 2023 Extension of Raw Water Use Agreement between the City of St. Helena and Spring Mountain Vineyard, Inc. for Raw (non-potable) Water from Lower Reservoir.

CEQA Determination: Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.

Prepared By: Joseph Leach, Public Works Director and City Engineer Recommendation:

Approve the attached resolution.

Staff Report - Pdf
Public Comment.Water Audit
Public Comment.Alan Galbraith
103 - 123

9.9. Consideration and proposed authorization of a letter of support urging immediate action on gun safety legislation
CEQA Determination: Not a CEQA project
Prepared By: Anil Comelo, City Manager
Recommendation:

Authorization of the attached letter of support urging immediate action on gun safety legislation.

Staff Report - Pdf
125 - 127

9.10. Consideration and proposed approval of a Resolution: (1) approving Revision No. 4 to City Council Policy P-FI-0016 Financial Policy and (2) 129 - 183

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repealing and rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 4
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Staff recommends City Council adopt the attached Resolution.

Staff Report - Pdf

10. PUBLIC HEARINGS
None

11. OLD BUSINESS
None

12. NEW BUSINESS

12.1. Presentation of FY 2023-24 and FY 2024-25 Proposed Operating Budget.

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

Review and provide staff with recommendations pertaining to the FY 2023-24 Proposed Operating Budget and methodology for preparing the FY 2024-25 Operating Budget.

Staff Report - Pdf
Public Comment.Annette Shafer
Public Comment.Pam Starr
Public Comment.Kristine Waldenburg
Public Comment.Laura Rombauer
Public Comment.Linsey Gallagher Visit Napa Valley
Public Comment.Mark Hoffmeister
Public Comment.Michelle Dondero
Public Comment.Mike Larson
Public Comment.Nicole Dale
Public Comment.Scott Mangleson
Public Comment.St Helena TID Board of Directors
Public Comment.Carole Castell
Public Comment.Casey Miller
Public Comment.Claire Wilkins
Public Comment.Felicia Chan
Public comment.Heidi Bamburg
Public Comment.John Skupny
Public Comment.Kate Hamlin
Public Comment.Katherine Bull
Public Comment.Jude Wilmoth Meagan Rounds
Public Comment.Valerie Zizak Morais
Public Comment.Linzi Gay
185 - 288

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12.2. Receive information about potential revenue options and provide direction to staff.

CEQA Determination: Not a CEQA project
Prepared By: Anil Comelo, City Manager
Recommendation:

Discuss and direct staff.

Staff Report - Pdf
Public Comment.Tom Belt
Public Comment.Alan Galbraith
289 - 321

12.3. Designating one (1) Councilmember as Liaison to the Groundwater Sustainability Agency and Associated Technical Advisory Group.

CEQA Determination: Not a CEQA project
Prepared By: Anil Comelo, City Manager
Recommendation:

Designate one (1) Councilmember as Liaison to the Groundwater Sustainability Agency and associated Technical Advisory Group.

Staff Report - Pdf
323 - 324

13. CITY COUNCIL REPORTS:

13.1. A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports

14. ADJOURNMENT

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The next Regular City Council meeting is scheduled for June 13, 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 May 19, 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.

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CITY OF ST. HELENA

PROCLAMATION

NATIONAL PUBLIC WORKS WEEK
MAY 21-27, 2023
“Connecting the World Through Public Works”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of St. Helena; and WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, businesses, and children in St. Helena to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association.

NOW THEREFORE, BE IT RESOLVED, that the St. Helena City Council, City staff and the citizens of St. Helena do hereby designate the week May 21–27, 2023 as National Public Works Week; we urge all citizens to join with representatives of the American Public Works Association and government agencies in supporting our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our health, safety and quality of life.

Dated this 23rd day of May 2023.
____________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.3.

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St. Helena City Council
Proclamation
Historic Preservation Month - May 2023
Whereas, the National Park Service’s Register of Historic Places is authorized by the National Historic Preservation Act of 1966. The National Register program coordinates and supports public and private efforts to identify, evaluate, protect, and adapt for re-use, America's historic, cultural, and archeological resources; and
Whereas, in 1973, May was designated “Preservation Month” to raise awareness of historic preservation and the continuity it builds between past, present, and future to instill national and community pride, promote heritage tourism and show the social, economic and environmental benefits of historic preservation; and
Whereas, Napa County is home to irreplaceable historic resources including stone bridges, 19th Century wineries, Victorian commercial buildings, our WPA-era Post Offices as well as architectdesigned residences; and Whereas, Napa County Landmarks (NCL), founded in 1974 by John Whitridge, is a non-profit organization that fosters appreciation and preservation of historic buildings, sites and districts through education programs, public policy, research, and technical assistance; and Whereas, NCL creates community discussion and preservation of our historic resources to protect and re-use them, create jobs, stabilize property values and preserve existing housing stock; and Whereas, Throughout the year, NCL creates awareness of historic preservation through the Holiday Candlelight Tour, Annual Preservation Awards, walking and biking tours of historic areas as well as the creation of the Ten Threatened Treasures list of endangered historic places facing potential demolition: and
Whereas, NCL provides high school scholarships to seniors to promote interest in Napa County history in our local youth as well as distributes A Napa Coloring Book free to all third graders in Napa County; and
Whereas, NCL recognizes Napa County preservation through the Preservationist of the Year award and Awards of Merit to honor those who restore, rehabilitate, or adapt an historic resource for continued use; and
Now, Therefore, Be It Resolved that I, Paul Jamison Dohring, Mayor of St. Helena, along with the St. Helena City Council, do herby proclaim, May as Historic Preservation Month and call on our citizens to support preservation and Napa County Landmarks efforts to preserve the rich history of Napa County.

Dated: May 9, 2023
________________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.4.

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: April 2023 Review and Forecasting of City Water Supply Availability
CEQA
Determination:

Exempt
Prepared By: Ian Dale, Environmental Services Tech
Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: April Mitts, Assistant City Manager

BACKGROUND
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.

At the City Council meeting of July 27, 2021, the City Council requested City staff enhance the monthly water report to include a forecast of available water supply, consistent with the adopted Urgency Ordinance. This request is consistent with the City's Fiscal Year 2021-22 Council Goal to develop a Comprehensive Water Security Framework, and the recently developed Framework that includes a goal to "Maximize Conservation During Water Emergency" and subtask 1C to "provide customers with comparison of actual vs. projected water demand" as well as Framework Goal Improve Consumer Satisfaction and Confidence" and subtask 3C to "additional analytical tools to improve consumer confidence."

DISCUSSION
Agenda Item #9.1.

Page 13 of 324 ends

City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for April 2023. The water produced for April 2023 is down by -2% when compared to April 2022 and is down -31% compared to the average of April 2018-2020. Below is a chart summarizing the water produced per source:

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
April 2022
(Acre-Feet)
April 2023
(Acre-Feet)
Bell Canyon 46 21 17
Stonebridge Wells 15 16 13
Napa Water 48 41 46
Total 110 77 76
Percent change from April 2022: -2%
Percent change from average of April 2018 - 2020: -31%
Bell Canyon Reservoir
The City is still in drought conditions. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year with Phase I conservation measures in effect. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of May 1, 2023, Bell Canyon Reservoir elevation was at 421.96 feet representing approximately 2,380.66 acre feet (AF) and 99.87% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on May 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 401.43 Ft. 417.69 Ft. 421.96 Ft.

Acre Feet 1,026 AF 2,061 AF 2,380 AF
Percent Capacity 43% 86.5% 99.87%
As a follow up to the May 24th City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to implement Phase I and Phase II drought restrictions in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021 and drought conditions state-wide persist. Due to the combination of warmer-than-average temperatures and Agenda Item #9.1.

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minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March, have required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction does not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.

Due to the ongoing drought conditions, Phase I Water Emergency remains in effect, even though Bell Canyon Reservoir level is above the level when Council initially called for Phase I conservation. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis.

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of April 2023, Rutherford Pump Station was producing an average of 0.49 MG/day for a total of 46.66 acre feet (AF) for the month.

FISCAL IMPACT
None

RECOMMENDED ACTION
Receive and File

ATTACHMENTS
MWR April 1-30 2023
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage with Phase I II Agenda Item #9.1.

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CITY OF ST. HELENA

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

STRALLA

WATER PLANT
TK #1 & #2
ADJUST

17.07 5.56 -0.14

22.2% -0.6%

25.15 MG MG

1.71 MG MG

0.47 MG MG

0.81 MG MG
% %
366.38 AF 35.7% 319.16 AF 31.1%
104.94 MG 103.96 MG
460.62 AF 44.9% 299.28 AF 29.2%
150.04 MG 97.49 MG
198.55 AF 19.4% 406.17 AF 39.6%

64.67 MG 132.30 MG
TOTAL WATER PRODUCED 1025.55 AF 100.0% 1024.61 AF 100.0%

DELIVERY (ALL)

0.00 0.00
421.96 FT. FT.
-0.34 FT. FT.
2380.00 AF AF

99.9 % %

0.45 IN IN

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

April 1-30, 2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 13.49 0.00 46.66
AMOUNT PRODUCED in MG 4.39 0.00 15.20
PERCENT 17.6% 60.8%

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 27.58
MAXIMUM DAILY PRODUCED 1.34
MINIMUM DAILY PRODUCED 0.40
AVERAGE DAILY PRODUCED 0.28

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 417.69
STONEBRIDGE APARTMENTS MG/Apr 1 -30 0.21 MG/Apr 1-30

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Apr 1 -30 0.05 MG/Apr 1-30

TEMPERATURES
MONTHLY RISE OR DROP -0.81
CAPACITY AT END OF PERIOD 2061.67
PERCENT OF FULL CAPACITY 86.5
RAINFALL IN THIS PERIOD 1.97
TOTAL RAINFALL SEASON TO DATE 26.43
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 39-88 43-86
Updates will be provided if any errors are identified.

AVERAGE 63.5 58

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.49 MG/day during April 2023.

Agenda Item #9.1.

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BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383
2250
2000
1750
,3
1500
E Entered Phase 1 - 1,431 Acre Ft.
%1250
a
mo
l‘l|St0|'|C Projected
826
Entered Phase 2 - 939 Acre Ft.
\
750 \\ 741
V 683
50° 596 Acre Feet*
250
25% reserve for fire
Agenda Item #9.1.

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Agenda Item #9.1.

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a Resolution accepting the work and directing the filing of the Notice of Completion for the Silverado Trail Guardrail Replacement project, Capital Improvement Project R19-07.

CEQA
Determination:

Class I Categorical Exemption under Section 15301 of CEQA 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
The Silverado Trail Guardrail Replacement project is a FY22/23 CIP project which scope includes the replacement of damaged guardrail along north bound Silverado Trail within the City limits. In 2019 the City was awarded a federal grant from the Federal Highway Administration's (FHWA) Highway Safety Improvement Program (HSIP) which included full funding for design and construction of the replacement guardrail. Project plans and specifications were completed by staff, construction authorization was provided from FHWA, and construction was completed on April 12, 2023.

DISCUSSION
The original scope of this project (2018) included the replacement of roughly 1500 linear feet of guardrail along Silverado Trail south of Pope Street. A significant portion of this guardrail was replaced by Napa County in response to the damage incurred from the Glass Fire in 2020. As a result, the scope of this project was significantly reduced compared to the original scope. The project included the replacement of 135 linear feet of guardrail north of Pope Street as well as traffic striping updates in the intersection.

Plans and specifications were initially prepared by Coastland Engineering of Santa Rosa (50% completion) and then were fully completed by staff. The project was advertised Agenda Item #9.2.

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publicly requesting bids in accordance with all City and FHWA procurement policies.

Midstate Barrier Inc. of Stockton California submitted the lowest responsive bid of $57,088.00 and the contract was awarded on December 7, 2022. Construction occurred April 11 - 12, 2023. City staff provided construction management. One change order was issued in the amount of $4,534 which requested adjustments to the striping bid item quantities and types. The guardrail installation and striping updates were performed to the satisfaction of City staff, and all contractual commitments have been satisfied.

Staff is requesting City Council to accept the completion of this project, direct staff to file the Notice of Completion, and submit the final invoice and project completion package to FHWA to satisfy all funding requirements and close out the project.

FISCAL IMPACT
Funding for this project is provided by the Federal Highway Administration's Highway Safety Improvement Program (HSIP). All expenses, including staff time for construction management and administration are approved for 100% reimbursement up to $70,000.

Expenditures
Original Contract Items $ 57,088
Change Order #1 $ 4,534
Construction Management &
Administration $ 8,778
Total $ 70,000

RECOMMENDED ACTION
Approve the attached Resolution to accept the work and direct the filing of the Notice of Completion for the Silverado Trail Guardrail Replacement Project, Capital Improvement Project R19-07.

ATTACHMENTS
Resolution - NOC Silverado Trail Guardrail Replacement
Agenda Item #9.2.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution Accepting the completion and final project
cost of $61,622 and directing the filing of the Notice of Completion for the Silverado Trail Guardrail
Replacement Capital Improvement Project R19-07

RECITALS
A. The City of St. Helena’s 5-year Capital Improvement Plan includes the Silverado Trail Guardrail Replacement project, Capital Improvement project R19-07; and B. The City of St. Helena City Council adopted Resolution 2022-92 which authorized the project and approved the plans and specifications for the Silverado Trail Guardrail Replacement project R19-07; and
C. On January 30, 2023 the Construction Contract was executed by the City Manager; and
D. The Public Works Director approved one Contract Change Order in the amount of $4,966 for striping quantity adjustments; and
E. The final, full construction contract amount as amended by the contract change order and final contract quantities is $61,622; and
F. Midstate Barrier Inc. has completed the work in accordance with the contract documents for the project.

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

1. The work performed by Midstate Barrier Inc., under the subject contract is accepted as complete.

2. The Public Works Director is authorized to prepare a Notice of Completion and the City Clerk is directed to file a Notice of Completion with the Napa County Recorder.

Approved at a Regular Meeting of the St. Helena City Council on May 23, 2023, by the following vote:

Agenda Item #9.2.

Page 21 of 324 ends

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

Page 22 of 324 ends

Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a resolution approving additions to the Measure T project list.

CEQA
Determination:

BACKGROUND
The Napa Countywide Road Maintenance Act, commonly known as "Measure T" is a 25- year period half-cent sales tax to fund improvements and maintenance of under-funded local streets and roads as well as supporting road infrastructure.

To be made eligible for Measure T funding and expenditure, a project must be publicly vetted, supported by a resolution and obtain concurrence with the Napa Valley Transportation Authority Tax Authority Board.

The City's most recent project list submittal and approval occurred in December 2021.

This list of projects included a listing of street segments scheduled for restoration treatments as defined by the City's current 5 Year Pavement Management Plan exhibits.

The City will be submitting a updated project list to the Napa Valley Transportation Authority Tax Authority Board in December of 2023, which will reflect the expected updates to the City's 5 Year Pavement Management Plan and updated to the City's 5 Year CIP.

DISCUSSION
Public Works staff requests City Council to confirm and approve additions to the current Measure T project list to reflect changes to the existing 5 Year Pavement Management Agenda Item #9.3.

Page 23 of 324 ends

Plan and to include projects that the City had budgeted for Measure T funding and expenditure prior to the recent list update in December 2021. The request is as follows:

Include R19-05 Grayson and South Crane Rehab Project: R19-05 is a CIP project that has been in development since 2019 and is part of the current 5 year CIP and the FY23/24 budget. This project was listed on the Measure T project list prior to 2021, but was not included in the December 2021 project list. Staff request City Council approve the inclusion of the project to the Measure T project list to be made eligible for funding and expenditure.

Currently, $75,000 is allocated for fund 3160 - Construction Contract in the FY22-23 budget, funded by Measure T. Staff requests this balance be transferred to Design which will allow for the completion of the S. Crane potion of the plans.

Engineers estimate of Measure T expenditure: $1,100,000.

Include the St. Helena Active Transportation and Safe Routes to Schools Plan to the Measure T Project List.

In 2020, the City commissioned GHD Engineers to prepare an Active Transportation and Safe Routes to School Plan. The plan provides a 15 item work plan detailing various safety improvements along the Spring Street and Madrona Avenue corridors within the City. These improvements, resulting from traffic engineering analysis, recommendations from Napa County Bike Coalition and community feedback, include installation of high visibility crosswalk striping, ADA accessible curb ramps and crossing warning devices such as RRFBs. The report was presented to the Active Transportation and Sustainability Committee on November 3, 2021. Staff was provided a copy of this work plan in August 2022, and incorporated the 4 high priority items into the scope of the R22-79 Pavement Restoration Year 2 project. Staff intends on incorporating the remaining 11 work plan items into the scope of the FY23/24 pavement restoration project. Staff requests that the 15 work plan items be included in the Measure T project list to be made eligible for funding and expenditure.

Engineers estimate of Measure T expenditure: $50,000.

Include R21-04 Pope Street Crosswalk Improvements at College Avenue to the Measure T Project List. This project is part of the current 5 year CIP and the FY22/23 budget. This project is partially funded by a 2021 Lifeline Transportation Program Cycle 6 grant for $94,000. Staff request City Council approve the inclusion of this project to the Measure T project list to be made eligible for supplemental funding and expenditure from Measure T.

Engineers estimate of Measure T expenditure: $25,000.

Include R21-02 Crosswalk Improvements on Main Street/Highway 29 and Pratt Avenue and Elmhurst Avenue to the Measure T Project List. This project is part of Agenda Item #9.3.

Page 24 of 324 ends

the current 5 year CIP and the FY22/23 budget. The current budget cites Measure T funding, but the project is not currently listed on the Measure T project List. This project is partially funded by a 2021 Transportation Development Act grant for $50,000. Staff request City Council approve the inclusion of this project to the Measure T project list to be made eligible for supplemental funding and expenditure from Measure T.

Engineers estimate of Measure T expenditure: $65,000.

Include Pratt Avenue to the Measure T Project List. It is anticipated that Pratt Avenue will be listed in the December 2023 5 Year Pavement Management Plan update, staff requests that Pratt Avenue be included in the current Measure T project list to be made eligible to secure opportunities to continue rehabilitation efforts.

Engineers estimate of Measure T expenditure: $250,000
A public forum was held at City Hall on Wednesday, May 17, 2023. Public Works staff presented these proposals and provided for comment and discussion.

FISCAL IMPACT
No net fiscal impact. This request only provides for a projects eligibility for funding and expenditure through Measure T. Actual fiscal impacts and expenditures are authorized through subsequent Council actions.

RECOMMENDED ACTION
Adopt a resolution approving the requested project additions to the Five-Year Measure T Expenditure Plan for Fiscal Year 2022-23 through Fiscal Year 2026-27.

ATTACHMENTS
2021 Measure T Project List
Resolution - Measure T Project List
Agenda Item #9.3.

Page 25 of 324 ends

Measure T Napa Countwide Road Maintenance Act
Jurisdiction Name:

Primary Contract #1 Email: Phone:

Secondary Contract #2 Email: Phone:

Fiscal Years Included: FY #1 2022-23 FY #2 2023-24 FY#3 2024-25 FY#4 2025-26 FY#5 2026-27 Maintenance of Effort (MOE)
Please provide the following information to establish MOE amount and to validate information:

1. Attach copies of Local Streets and Roads State Controller Reports for three years - FY 2007-08, FY 2008-09, FY 2009-10

2. Attach independent auditors validation for each Local Streets and Roads State Controller Report

3. Enter MOE Amounts Claiming: FY 2007-08 $261,217 FY 2008-09 $510,388 FY 2009-10 $365,963

4. Enter Certified MOE Amount: Total MOE: $379,189
Planned Measure T Expenditures
Please provide Five (5) year planned streets and road maintenance projects beginning in FY 2022-27 (add rows as needed):

Project # Fiscal Year Total Project
Cost
Measure T
Amount
Federal
Funds State Funds Other Local Funds Project Phase
2022/23 $ 28,584 $ 28,584 $ - $ 3,813.32 $ - Design/Construction 2022/23 $ 37,250 $ 37,250 $ - $ 4,969.43 $ - Design/Construction 2022/23 $ 7,200 $ 7,200 $ - $ 960.53 $ - Design/Construction 2022/23 $ 79,300 $ 79,300 $ - $ 10,579.21 $ - Design/Construction 2022/23 $ 73,847 $ 73,847 $ - $ 9,851.74 $ - Design/Construction 2022/23 $ 133,794 $ 133,794 $ - $ 17,849.12 $ - Design/Construction 2022/23 $ 163,613 $ 163,613 $ - $ 21,827.19 $ - Design/Construction 2022/23 $ 47,278 $ 47,278 $ - $ 6,307.24 $ - Design/Construction 2022/23 $ 64,400 $ 64,400 $ - $ 8,591.44 $ - Design/Construction 2022/23 $ 10,306 $ 10,306 $ - $ 1,374.90 $ - Design/Construction 2022/23 $ 11,439 $ 11,439 $ - $ 1,526.05 $ - Design/Construction 2022/23 $ 6,284 $ 6,284 $ - $ 838.33 $ - Design/Construction 2022/23 $ 13,085 $ 13,085 $ - $ 1,745.64 $ - Design/Construction 2022/23 $ 26,013 $ 26,013 $ - $ 3,470.33 $ - Design/Construction 2022/23 $ 197,107 $ 197,107 $ - $ 26,295.54 $ - Design/Construction 2022/23 $ 379,189 $ - $ - $ - $ 379,189 Construction
$ 1,278,689 $ 899,500 $ - $ 120,000 $ 379,189
2023/24 $ 90,109 $ 90,109 $ - $ - $ - Design/Construction 2023/24 $ 70,947 $ 70,947 $ - $ - $ - Design/Construction 2023/24 $ 15,862 $ 15,862 $ - $ - $ - Design/Construction 2023/24 $ 34,094 $ 34,094 $ - $ - $ - Design/Construction 2023/24 $ 23,603 $ 23,603 $ - $ - $ - Design/Construction 2023/24 $ 297,098 $ 297,098 $ - $ - $ - Design/Construction 2023/24 $ 14,203 $ 14,203 $ - $ - $ - Design/Construction 2023/24 $ 15,439 $ 15,439 $ - $ - $ - Design/Construction 2023/24 $ 6,860 $ 6,860 $ - $ - $ - Design/Construction 2023/24 $ 6,352 $ 6,352 $ - $ - $ - Design/Construction Mark A. Rincón-Ibarra
City of St. Helena
Mandy Kellogg
Please note: Eligible expenses include local streets and roads maintenance and supporting infrastructure within the public right of way for pavement, sealing, overlays, reconstruction, associated infrastructure, as required, excluding any local revenues expended for the pupose of storm damage repair as verified by an independent auditor. One time allocations that have been expended for local streets and road maintenance, but which may not be available on an ongoing basis shall not be considered when calculating an Agency's annual maintenance of effort.

Project Scope
[email protected] 707-968-2649
[email protected]
rg
707-968-2629
Valley View Street - Birche Ave to 315' N/O Grayson Ave, 932' Valley View Street - Spring St to Birche Ave, 1,043'
Stockton Street - Adams St to Tainter St, 447'
Stralla Court - Pope St to End (S), 90'
Voorhees Circle - Mitchell Dr (E) to Mitchell Dr (W), 915' Tainter Street - Stockton St to Kearney St, 710'
Location (intersection, mile marker, length of alignment) June Lane - Hunt Ave to Chiles Ave, 245'
Railroad Avenue - Hunt Ave to Adams St, 530'
Tainter Street - Kearney St to Oak Ave, 390'
Tainter Street - Allyn Ave to Stockton St, 740'
Library Lane - Adams St to End (N), 460'
Pope Street - Starr Ave to Peppertree Cir, 575'
Chiles Avenue - Signorelli Cir to End (E), 530'
Oak Avenue - Adams St to Adams St (intersection), 65'
College Avenue - Pope St to Pvmt Change, 874'
Dowdell Lane - House 759 to House 679, 350’
Dowdell Lane - Montessori @ Cop to House 867, 260’
2" AC OL w/Fabric
2" AC OL w/Fabric
2" AC OL w/Fabric
2" AC OL w/Fabric

2.5" AC OL w/Fabric

2.5" AC OL w/Fabric
2" AC OL
2" AC OL
MicroSurfacing
Allyn Avenue - Tainter St to Spring St, 560’
Andrea Avenue - Kearney St to Oak Ave, 410’
MicroSurfacing Adams Street - Cop @ Business Center Dwy to Cop @ Library Ln, 300’

2.5" AC OL w/Fabric

2.5" AC OL w/Fabric
MicroSurfacing
MicroSurfacing
MicroSurfacing
Reconstruct Structure (AC)
Reconstruct Structure (AC)

2.5" AC OL w/Fabric
Street Maintenance Progam: Pothole Patching Various locations as needed Total FY 2022/23

2.5" AC OL w/Fabric Dowdell Lane - House 867 to House 759, 450’

2.5" AC OL w/Fabric Silverado Trail 175' N/O Howell Mountain Rd to City Limits (S), 1,475’ MicroSurfacing Adams Street - Allyn Ave to Stockton St, 730’ MicroSurfacing Adams Street - Stockton St to Kearney St, 710’ MicroSurfacing Adams Street - Cop @ Library Ln to Cop Before Railroad Ave, 324’ Agenda Item #9.3.

Page 26 of 324 ends

2023/24 $ 6,107 $ 6,107 $ - $ - $ - Design/Construction 2023/24 $ 6,189 $ 6,189 $ - $ - $ - Design/Construction 2023/24 $ 84,734 $ 84,734 $ - $ - $ - Design/Construction 2023/24 $ 322,400 $ 322,400 $ - $ - $ - Design/Construction 2023/24 $ 379,189 $ - $ - $ - $ 379,189 Construction
$ 1,373,186 $ 993,997 $ - $ - $ 379,189
2024/25 $ 53,900 $ 53,900 $ - $ - $ - Design/Construction 2024/25 $ 58,421 $ 58,421 $ - $ - $ - Design/Construction 2024/25 $ 35,767 $ 35,767 $ - $ - $ - Design/Construction 2024/25 $ 33,334 $ 33,334 $ - $ - $ - Design/Construction 2024/25 $ 48,719 $ 48,719 $ - $ - $ - Design/Construction 2024/25 $ 40,334 $ 40,334 $ - $ - $ - Design/Construction 2024/25 $ 68,620 $ 68,620 $ - $ - $ - Design/Construction 2024/25 $ 70,020 $ 70,020 $ - $ - $ - Design/Construction 2024/25 $ 27,316 $ 27,316 $ - $ - $ - Design/Construction 2024/25 $ 95,779 $ 95,779 $ - $ - $ - Design/Construction 2024/25 $ 59,750 $ 59,750 $ - $ - $ - Design/Construction 2024/25 $ 36,114 $ 36,114 $ - $ - $ - Design/Construction 2024/25 $ 101,624 $ 101,624 $ - $ - $ - Design/Construction 2024/25 $ 46,800 $ 46,800 $ - $ - $ - 2" AC OL Design/Construction 2024/25 $ 73,823 $ 73,823 $ - $ - $ - Design/Construction 2024/25 $ 96,480 $ 96,480 $ - $ - $ - Design/Construction 2024/25 $ 2,774 $ 2,774 $ - $ - $ - Design/Construction 2024/25 $ 15,692 $ 15,692 $ - $ - $ - Design/Construction 2024/25 $ 2,909 $ 2,909 $ - $ - $ - Design/Construction 2024/25 $ 27 $ 27 $ - $ - $ - Design/Construction
2024/25 $ 44 $ 44 $ - $ - $ - Design/Construction
2024/25 $ 193 $ 193 $ - $ - $ - Design/Construction
2024/25 $ 90 $ 90 $ - $ - $ - Design/Construction
2024/25 $ 190 $ 190 $ - $ - $ - Design/Construction
2024/25 $ 95 $ 95 $ - $ - $ - Design/Construction
2024/25 $ 271 $ 271 $ - $ - $ - Design/Construction
2024/25 $ 111 $ 111 $ - $ - $ - Design/Construction
2024/25 $ 379,189 $ - $ - $ - $ 379,189 Construction
$ 1,348,386 $ 969,197 $ - $ - $ 379,189
2025/26 $ 22,037 $ 22,037 $ - $ - $ - Design/Construction 2025/26 $ 47,600 $ 47,600 $ - $ - $ - Design/Construction 2025/26 $ 41,174 $ 41,174 $ - $ - $ - Design/Construction 2025/26 $ 35,969 $ 35,969 $ - $ - $ - Design/Construction 2025/26 $ 61,455 $ 61,455 $ - $ - $ - Design/Construction 2025/26 $ 49,738 $ 49,738 $ - $ - $ - Design/Construction 2025/26 $ 28,848 $ 28,848 $ - $ - $ - Design/Construction 2025/26 $ 44,154 $ 44,154 $ - $ - $ - Design/Construction 2025/26 $ 81,054 $ 81,054 $ - $ - $ - Design/Construction 2025/26 $ 208,834 $ 208,834 $ - $ - $ - Design/Construction 2025/26 $ 128,902 $ 128,902 $ - $ - $ - Design/Construction 2025/26 $ 2,477 $ 2,477 $ - $ - $ - Design/Construction 2025/26 $ 4,038 $ 4,038 $ - $ - $ - Design/Construction 2025/26 $ 10,256 $ 10,256 $ - $ - $ - Design/Construction 2025/26 $ 5,683 $ 5,683 $ - $ - $ - Design/Construction 2025/26 $ 4,918 $ 4,918 $ - $ - $ - Design/Construction 2025/26 $ 379,189 $ - $ - $ - $ 379,189 Construction
$ 1,156,326 $ 777,137 $ - $ - $ 379,189
2026/27 $ 63,686 $ 63,686 $ - $ - $ - Design/Construction 2026/27 $ 138,532 $ 138,532 $ - $ - $ - Design/Construction 2026/27 $ 84,140 $ 84,140 $ - $ - $ - Design/Construction 2026/27 $ 79,172 $ 79,172 $ - $ - $ - Design/Construction 2026/27 $ 47,272 $ 47,272 $ - $ - $ - Design/Construction 2" AC OL w/Fabric Kidd Ranch Road - McCorkle Ave to End (S), 485' 2" AC OL w/Fabric Signorelli Circle - Chiles Ave to Chiles Ave, 1,055' 2" AC OL w/Fabric Spring Mountain Court - Spring Mountain Rd to End (S), 700'

2.5" AC OL w/Fabric Allyn Avenue - Pine St to Adams St, 440' Total FY 2025/26
MicroSurfacing Doris Court - Vineyard Ave to End (E), 190' MicroSurfacing Fulton Lane - 25 MPH Sign to End (E) City Limits, 1,420' MicroSurfacing Kearney Street - Tainter St to Spring St, 390' MicroSurfacing McCorkle Avenue - End (W) to Allison Ave, 300' Street Maintenance Progam: Pothole Patching Various locations as needed Total FY 2024/25
Hillview Place - Scott St to Vineyard Ave, 350'
North Crane Avenue - Mitchell Dr to End (S), 717'
Oak Avenue - Hillview Pl to Madrona St, 550'
Vineyard Avenue - End (N) to Road Widens, 1,030'
South Crane Avenue - Vallejo St to Sulphur Springs Ave, 2,015’ Adams Street - End (E) to Cop @ Business Center Dwy, 280’ Pope Street - Begin Bridge to Silverado Trail, 500’
South Crane Avenue - Grayson Ave to Vallejo St, 410’
Reconstruct Structure (AC)
MicroSurfacing
MicroSurfacing
Reconstruct Structure (AC)
North Crane Avenue - Spring St to Mitchell Dr, 715'
Chablis Circle - Pinot Way to 500' NE/O Pint Way (E), 500'

2.5" AC OL w/Fabric Chablis Circle - Pinot Way to End, 102'

2.5" AC OL w/Fabric Chardonnay Way - Spring St to Pinot Wy, 610'

2.5" AC OL w/Fabric
Hunt Avenue - Church St to Edwards St, 325'
2" AC OL Hunt Avenue - June Ln to Grove Ct, 670'
Charter Oak Avenue - Carwash to End (E), 640'

2.5" AC OL w/Fabric Charter Oak Avenue - Main St to Carwash, 230'

2.5" AC OL w/Fabric
MicroSurfacing Pine Street - Main St to Fire Station, 154' Seal Cracks Doris Avenue - Vineyard Ave to End (W), 120' Edwards Street - Hunt Ave to Pope St, 750'
Various locations as needed
Chablis Circle - Pinot Wy to 500' NE/O Pinot (E), 490'
Street Maintenance Progam: Pothole Patching
2" AC OL w/Fabric
Seal Cracks
Seal Cracks
Seal Cracks
Seal Cracks
Street Maintenance Progam: Pothole Patching
2" AC OL
MicroSurfacing

2.5" AC OL w/Fabric
Total FY 2023/24
Seal Cracks Hillview Place - Spring Mountain Rd to Oak Ave, 770' Seal Cracks

2.5" AC OL w/Fabric Brown Street - Allison Ave to End (W), 490'

2.5" AC OL w/Fabric
2" AC OL w/Fabric
Seal Cracks Doris Court - Vineyard Ave to End (E), 190' North Crane Avenue - Mitchell Dr to End (S), 717'
2" AC OL w/Fabric Pine Street - Oak Ave to Main St, 314' 2" AC OL w/Fabric Stockton Street - Madrona St to Pine St, 395'

2.5" AC OL w/Fabric Fountain Street - Dowdell Ln to End (N), 380'

2.5" AC OL w/Fabric Fulton Lane - Main St to Railroad Ave, 380'

2.5" AC OL w/Fabric Fulton Lane - Railroad Ave to RR Tracks, 300'

2.5" AC OL w/Fabric Spring Street - Oak Ave to BCR @ Main St, 330'

2.5" AC OL w/Fabric
2" AC OL w/Fabric Kearney Street - Pine St to Adams St, 590' 2" AC OL w/Fabric Kearney Street - Madrona St to Pine St, 370' 2" AC OL w/Fabric Pine Street - Kearney St to Oak Ave, 400' 2" AC OL w/Fabric Columbard Court - Chardonnay Wy to End (W), 430' 2" AC OL Quail Court - Elmhurst Ave to End (N), 440'

2.5" AC OL w/Fabric Hunt Avenue - Edwards St to June Ln, 485' MicroSurfacing Magnolia Avenue - Rosebud Ln to E End, 181' Vineyard Avenue - Road Widens to Hillview Pl, 515'
Various locations as needed
Fulton Lane - RR Tracks to 25 MPH Sign, 1,020'
Harvest Lane - Starr Ave to End (W), 220'
Starr Avenue - Harvest Ln to Pope St, 385'

2.5" AC OL w/Fabric Starr Avenue - Hunt Ave to Harvest Ln, 935'

2.5" AC OL w/Fabric Vintage Avenue - McCormick St to End (E), 780' MicroSurfacing Doris Avenue - Vineyard Ave to End (W), 120' Agenda Item #9.3.

Page 27 of 324 ends

2026/27 $ 48,622 $ 48,622 $ - $ - $ - Design/Construction 2026/27 $ 18,883 $ 18,883 $ - $ - $ - Design/Construction 2026/27 $ 42,835 $ 42,835 $ - $ - $ - Design/Construction 2026/27 $ 44,871 $ 44,871 $ - $ - $ - Design/Construction 2026/27 $ 58,024 $ 58,024 $ - $ - $ - Design/Construction 2026/27 $ 152,972 $ 152,972 $ - $ - $ - Design/Construction 2026/27 $ 9,661 $ 9,661 $ - $ - $ - Design/Construction 2026/27 $ 10,130 $ 10,130 $ - $ - $ - Design/Construction 2026/27 $ 94,067 $ 94,067 $ - $ - $ - Design/Construction 2026/27 $ 133,734 $ 133,734 $ - $ - $ - Design/Construction 2026/27 $ 113,467 $ 113,467 $ - $ - $ - Design/Construction 2026/27 $ 104,000 $ 104,000 $ - $ - $ - Design/Construction 2026/27 $ 18 $ 18 $ - $ - $ - Design/Construction
2026/27 $ 13 $ 13 $ - $ - $ - Design/Construction
2026/27 $ 128 $ 128 $ - $ - $ - Design/Construction
2026/27 $ 31 $ 31 $ - $ - $ - Design/Construction
2026/27 $ 47 $ 47 $ - $ - $ - Design/Construction
2026/27 $ 44 $ 44 $ - $ - $ - Design/Construction
2026/27 $ 379,189 $ - $ - $ - $ 379,189 Construction
$ 1,623,538 $ 1,244,349 $ - $ - $ 379,189
Equivalent Fund Class 1 Multi-Purpose Paths:

Please provide a five year multi-purpose Expenditures beginning in FY 2022-27 (add rows as needed):

Project # Fiscal Year Total Project
Amount
Measure T
Amount
Federal
Funds State Funds Other Local Funds
Project Phase (Env,
PS&E, Construction)
Comment: Please provide any additional information to explaing your project list. E.g. This project list is the jurisdiction's CIP, the jurisdiction opted to include additional projects to have flexibility in completing a variety of projects Total FY 2026/27
MicroSurfacing
MicroSurfacing
Seal Cracks
Reconstruct Structure (AC)
Reconstruct Structure (AC)
Reconstruct Structure (AC)
Reconstruct Structure (AC)
Oak Avenue - Madrona St to Pine St, 415'
Oak Avenue - Pine St to Adams St, 590'
Oak Avenue - Adams St to Tainter St, 460'
Oak Avenue - Tainter St to Spring St, 390'
Location (intersection, mile marker, length of alignment) Kennedy Court - La Quinta Wy to End (W), 390'
La Quinta Way - End (N) to End (S), 360'
Various locations as needed
Project Description
Hillview Place - Stockton St to Spring Mountain Rd, 360' Hillview Place - End (W) to Scott St, 160'
Hillview Place - Vineyard Ave to Stockton St, 350'
Pope Street - Main St to Church St, 230'
Spring Street - Hudson Ave (W) to Allyn Ave, 370'
Spring Street - Allyn Ave to Stockton St, 870'
Vineyard Avenue - Road Widens to Hillview Pl, 515'
Vineyard Avenue - Hillview Pl to Madrona St, 540'
El Bonita Avenue - La Quinta Wy to COP (Change of Pavement), 150' Note: The amount of a jurisdiction's annual bike expenditure must be a minimum of 6.67% of the anticipated revenue amount received from Measure T each year. Estimates by jurisdiction are shown on the table labeled "Measure T Revenue Estimates". Funding for Class 1 Multi-use path projects that are funded by philanthropy, state discretionary funding or federal discretionary funding shall not count as part of the 6.67 % expenditure obligation required to be eligible to receive Measure T revenues.

Note: The list will serve as the five-year list of projects required for submittal by each jurisdiction as stated in the Measure T Ordinance. These will be projects that will be delivered, depending on available revenues and when revenues become available. Prior to any allocation, jurisdictions will also be required to submit all of the necessary documentation requested as evidence of a public hearing to ensure that the members of the public were able to comment on the proposed project list as well as a Resolution in support of the proposed project list.

El Bonita Court - El Bonita Ave to End, 120'
El Bonita Avenue - Dahlia St to BCR @ Main St, 1,036'
Seal Cracks
Seal Cracks
Seal Cracks
Street Maintenance Progam: Pothole Patching
Seal Cracks

2.5" AC OL w/Fabric

2.5" AC OL w/Fabric
Seal Cracks El Bonita Avenue - COP (Change of Pvmt) to Dahlia St, 108' Agenda Item #9.3.

Page 28 of 324 ends

Is the Project
Included in the
Countywide
Transportation
Plan?
Is the Project in the
Jurisdiction's Capital
Improvement Plan?
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No No
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
Agenda Item #9.3.

Page 29 of 324 ends

No Yes
No Yes
No Yes
No Yes
No No
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No No
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No No
No Yes
No Yes
No Yes
No Yes
No Yes
Agenda Item #9.3.

Page 30 of 324 ends

No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No Yes
No No
Project
Included in
Countywide
Bike Plan?
Project in
Jurisdiction's Capital
Improvement Plan?
Measure T Revenue Estimates". Funding for Class 1 Multi-use n revenues become available. Prior to any allocation,
as a Resolution in support of the proposed project list.

Agenda Item #9.3.

Page 31 of 324 ends

CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution Approving Projects
to be included to the Five-Year
Expenditure Plan under Napa
Countywide Road Maintenance
Act Program, Measure T

RECITALS
A. On November 6, 2012, the voters of Napa County
passed the Napa Countywide Road Maintenance Act,
also known as Measure T, which imposes a half cent
transaction and use tax to provide supplemental funding for road maintenance as detailed in the Measure T
Expenditure Plan; and
B. The Napa Valley Transportation Authority (NVTA) is the designated agency that administers and oversees the
Measure T revenues; and
C. The City of St. Helena is an eligible recipient of Measure T funds; and
D. The tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa
County (“Local Agencies”) as set forth in Measure Ts;
and
E. Under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure policies
and procedures; and
F. The City of St. Helena has entered into a Master
Agreement with NVTA that outlines procedures for
Measure T expenditures; and
G. In December of 2021, the City of St. Helena submitted to NVTA a list of projects to be made eligible for Measure T expenditures; and
Agenda Item #9.3.

Page 32 of 324 ends

H. Updates to the project list are required to align with the current 5 Year Capital Improvement Program; and
I. A public forum occurred on May 17, 2023, during which the proposal was presented; and
J. Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through
California Regulations Title 14, Chapter 3, Sections
15000 et seq.); and

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

1. Approves the project additions of the Grayson and
South Crane Rehab project, St. Helena Active
Transportation and Safe Routes to Schools Plan
project, Pope Street Crosswalk Improvements at
College Avenue project, Crosswalk Improvements on
Main Street/Highway 29 and Pratt Avenue and
Elmhurst Avenue project and Pratt Avenue to the
Measure T project list; and

2. Authorizes staff to submit the project additions to the Napa Valley Transportation Authority Tax Authority
Board for approval; and

3. Authorizing staff to execute the appropriate budget
appropriations and transfers of $75,000 from the
Streets Capital fund 741-5014-3160 to Streets Capital
fund 741-5014-3110 for the R19-05 Grayson and
South Crane Rehab design.

Approved at a Regular Meeting of the St. Helena City
Council on May 23, 2023 by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau:__________
Councilmember Hardy: __________
Councilmember Summers: __________
Agenda Item #9.3.

Page 33 of 324 ends

APPROVED: ATTEST:
________________ _____________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.3.

Page 34 of 324 ends

Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and adoption of a Resolution (1) Authorizing the City Manager to execute a Construction Contract with Argonaut Constructors in the amount not to exceed $124,200 for the emergency water pipeline replacement at the
intersection of Mitchell Drive and Highway 29 in St Helena; (2) Authorize staff to increase fund 763-5030-3160 expenditures and increase fund 763-3460-0000 revenues; (3) Authorizing the Director of Public Works to approve change orders not to exceed 15% of the contract amount.

CEQA
Determination:

BACKGROUND
Since 2020, Pacific Gas and Electric (PG&E) has embarked on a variety of significant utility infrastructure projects within the City of St. Helena, including the replacement of an underground high-pressure natural gas pipeline which runs along Highway 29 and serves St. Helena, Calistoga, and surrounding areas. The installation of this new pipeline is nearing completion; PG&E is in preparation to construct and connect the remaining segments of this pipeline.

One of the remaining segments is an underground pipeline crossing at Sulphur Creek whose connection point is at the northwest corner at Mitchell Drive and Highway 29.

Currently, PG&E crews are performing night work to finish this pipeline connection. The pipeline connection is scheduled to be completed on May 23, 2023.

DISCUSSION
Agenda Item #9.4.

Page 35 of 324 ends

The City of St. Helena's Public Works Staff coordinate closely with PG&E's engineers and contractors regarding all utility infrastructure projects within the City, as much of the PG&E utility infrastructure intersects with critical City-owned water and sewer utility infrastructure. As PG&E proceeded with the pipeline connection at Mitchell Drive, concerns grew regarding the possibility of damaging effects to a nearby water pipeline due to vibrations, ground disturbances and shifting resulting from the various construction activities, potentially creating an emergency situation.

In addition to precautionary measures to protect water pipeline, Public Works staff requested that PG&E replace a 100-foot segment of water pipeline within the construction zone. The replacement of this water pipeline segment ensures that no damage incurred, which could result in a future failure, to City infrastructure resulting from PG&E’s construction activities. Though the replacement of water pipeline is outside of PG&E’s construction abilities, PG&E has agreed to reimburse the City for all expenses related to the replacement of the water pipeline segment.

While discussions with PG&E regarding this specific rehabilitation project have been ongoing for a couple of months, Public Works staff only recently understood the details of PG&E work and, therefore needed to respond quickly to retaining a contractor under an "urgency" situation. As such, staff solicited a proposal from Argonaut Constructors of Santa Rosa to perform the work. Argonaut Constructors has provided a cost estimate of $124,200, which the City presented to PG&E who was agreeable to the cost.

Staff requests City Council to authorize the City Manager to execute a construction contract with Argonaut Constructors to perform the work. Argonaut Constructors possess a valid Class A General Engineering license and has performed extensive underground pipeline projects in the City of St. Helena. The pipeline replacement work is anticipated to begin on May 24, 2023 following PG&E's completion of the pipeline connection, and is expected to take five days to complete. Work will occur at night.

FISCAL IMPACT
There will be no net fiscal impact. 100% of expenses related to the proposed work will be reimbursed by PG&E.

RECOMMENDED ACTION
Adopt a Resolution (1) Authorizing the City Manager to execute a Construction Contract with Argonaut Constructors in the amount not to exceed $124,200; (2) Authorize staff to increase fund 763-5030-3160 expenditures and increase fund 763-3460-0000 revenue to reflect the project cost and reimbursement; (3) Authorizing the Director of Public Works to approve change orders not to exceed 15% of the contract amount.

ATTACHMENTS
Agreement - Emergency Water Main Replacement Mitchell Drive Resolution - Emergency Water Main Replacement Mitchell Drive Agenda Item #9.4.

Page 36 of 324 ends

Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project C-1

AGREEMENT
CITY OF ST. HELENA

STATE OF CALIFORNIA
THIS AGREEMENT is made and entered into by and between the City of St. Helena, a Municipal Corporation, hereinafter called "City" and Argonaut Constructors, hereinafter called "Contractor," for the Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project.

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

On May 23, 2023, the City Council of the City of St. Helena authorized the execution of the contract for the construction of the improvement hereinafter described to Contractor, which Contractor said Council found to be a responsive and responsible bidder for construction of said improvement.

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

THE PARTIES HERETO AGREE AS FOLLOWS:

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

A. This Agreement
B. The Standard Specifications and Standard Plans of the State of California, Dept. of Transportation, dated 2022
C. City of St. Helena General Conditions for City of St. Helena Construction Projects September 1997 (as amended)
D. The Faithful Performance Bond, Labor and Material Bond, and Warranty/Maintenance Bond E. City of St. Helena Standard Specifications and Standard Plans All rights and obligations of City and Contractor are fully set forth and described in the contract documents.

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

The documents comprising the complete contract will hereinafter be referred to as "the contract documents."
Agenda Item #9.4.

Page 37 of 324 ends

Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project C-2

2. Scope of Work
The scope of work includes the removal and replacement of water main conveyance infrastructure, including 25 linear feet of 12” C900 PVC water main, 75 linear feet of 6” C900 PVC water main, valves, water services, adapters and restraints.

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

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

4. Contract Price
City shall pay, and Contractor shall accept, in full payment for the work agreed to be done, the dollar amount of $124,200. Increases or decreases in the contract quantities shall operate in the manner provided for in the contract documents.

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

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

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

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

City of St. Helena
1088 College Ave
St. Helena, CA 94574
Attn: Public Works Department
Agenda Item #9.4.

Page 38 of 324 ends

Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project C-3 Notices required to be given to Contractor shall be addressed as follows:

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

CITY OF ST. HELENA, a Municipal Corporation
______________________________
Anil Comelo
City Manager
ATTEST:
______________________________
Cindy Tzafopoulos, City Clerk
APPROVED AS TO FORM:
______________________________
Ethan Walsh, City Attorney
Project Code
CONTRACTOR: (Name and form of organization)
Contractors License No. 171432
By:__________________________
[Click here to insert Name and Title]
By:__________________________
[Click here to insert Name and Title]
Agenda Item #9.4.

Page 39 of 324 ends

Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project C-4

PROPOSAL

Page 1 of 1 ends

REVISION 1
Proposal for:

St Helena - Water CCO BUDGET
from
Bid Date: 5/04/2023 Argonaut Constructors
Time: 1:00PM
City Of Saint Helena
360 Sutton Place, Santa Rosa, CA 95402
(707) 542-4862
License: 171432 Type: GENERAL ENGINEERING
1 Mobilization / Supervision 1.00 LS 13,200.0000 13,200.00 2 Pothole Extg Utilities 1.00 LS 6,200.0000 6,200.00
3 Traffic Control 1.00 LS 3,500.0000 3,500.00
4 12" & 6" Pipe & Tie-Ins 1.00 LS 101,300.0000 101,300.00 Total: 124,200.00
Lock Item Description Quantity Unit Unit Price Total Price Agenda Item #9.4.

Page 40 of 324 ends

C-5

FAITHFUL PERFORMANCE BOND
(Construction)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of St. Helena (hereinafter designated as "City"), a municipal corporation located in the County of Napa, State of California, has awarded a contract to and has entered into an agreement with Argonaut Constructors., hereinafter designated as "Principal," whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled " Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project," which said agreement is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

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

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

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

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

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

NOTE: To be signed by Principal,
and Admitted Surety and
acknowledgement and notarial
seal for both attached. Attach
copy of authority for surety agent
and County Clerk certificate
under CCP §995.660)
[SEAL]
(Principal Signature)
[Click and insert Principal Name and Title]
[Click and insert Principal Business Name]
(Surety Signature)
[Click and insert Name and Title]
[Click and insert Surety Business Name]
Agenda Item #9.4.

Page 41 of 324 ends

C-6

LABOR AND MATERIALS BOND
(Construction)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of St. Helena (hereinafter designated as "City"), a municipal corporation located in the County of Napa, State of California, has awarded a contract to and has entered into an agreement with Argonaut Constructors., hereinafter designated as "Principal," whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled "Emergency Water Main Replacement at Mitchell Dr. and Hwy 29 Project," which said agreement is hereby referred to and made a part hereof; and WHEREAS, said Principal is required to furnish a bond in connection and with said contract; provided that if said Principal, or any of his/her/its contractors, shall fail to pay for any materials, provisions, provider or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth.

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

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

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

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

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

Agenda Item #9.4.

Page 42 of 324 ends

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

Page 43 of 324 ends

C-8

WARRANTY/MAINTENANCE BOND
WHEREAS, the City Council of the CITY OF ST. HELENA, State of California (hereinafter designated as "City"), and Argonaut Constructors, Inc. (hereinafter designated as "Principal"), have entered into an agreement ("Agreement") dated May 23, 2023, whereby Principal guaranteed that all improvements (as defined therein) constructed by or on behalf of Principal shall be free from defects of materials or work quality and shall perform satisfactorily for a period of at least one (1) year from the date of final acceptance of all work performed under the Agreement and further, the principal agreed to repair defects and replace improvements which cannot be repaired within said one (1) year period; and WHEREAS, said Principal is required to furnish a bond for the faithful performance of its responsibility to maintain repair and replace said improvements.

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

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

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

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

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

Page 44 of 324 ends

C-9
Agenda Item #9.4.

Page 45 of 324 ends

C-10
Certificate pursuant to 995.640(a) Code of Civil Procedure Agenda Item #9.4.

Page 46 of 324 ends

C-11
State of California )
)ss.

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

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

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

Deputy Recorder-County Clerk
Agenda Item #9.4.

Page 47 of 324 ends

CITY OF ST. HELENA
RESOLUTION NO. 2023-
(1) Authorizing the City Manager to execute a
Construction Contract with Argonaut Constructors in
the amount not to exceed $124,200, (2) Authorizing staff to increase fund 763-5030-3160 expenditures and
increase fund 763-3460-0000 revenue; (3) Authorizing
the Director of Public Works to approve change orders
not to exceed 15% of the contract amount.

RECITALS
A. Beginning in November 2020, Pacific Gas and Electric Company (PG&E) has proceeded with various replacements of utility infrastructure within the City of St.

Helena; and
B. The City of St. Helena Public Works staff works closely with PG&E regarding the execution and delivery of all utility and construction projects; and C. The construction and replacement of portions of PG&E utility infrastructure at Mitchell Dr. and Hwy 29 was found to compromise the integrity of City owned utility infrastructure; and
D. An encroachment permit was issued to PG&E whereby a condition of approval requires PG&E to reimburse the City for expenses for activities necessary to mitigate the City’s infrastructure concerns including the replacement of 100 liner feet on water main; and
E. Argonaut Constructors of Santa Rosa has provided a cost proposal to perform the requested work; and
F. City staff has verified that Argonaut Constructors possesses a valid Contractor’s License, Class A, number 171432 that qualifies Argonaut Constructors to complete the project; and
G. The emergency water main replacement at the intersection of Mitchell Drive and Highway 29 has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations as it consists of repair of existing facilities.

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

1. Authorizing the City Manager to execute a construction contract in the amount not to exceed $124,200 with Argonaut Constructors for the construction of the Agenda Item #9.4.

Page 48 of 324 ends

Emergency Water Main Replacement at Mitchell Drive and Highway 29 Project; and

2. Authorize staff to increase fund 763-5030-3160 expenditures and increase fund 763-3460-0000 revenue; and

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

Approved at a Regular Meeting of the St. Helena City Council on May 23, 2023 by the following vote:

Page 49 of 324 ends

Page 50 of 324 ends

Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a resolution approving a Professional Services Agreement with Pacific Tree Care for Phase 2 Tree Pruning in Crane Park and various Heritage Trees pruning in an amount not to exceed $78,849.30 and authorizing the City Manager to execute the agreement.

CEQA
Determination:

Class I Categorical Exemption under Section 15301 of CEQA Prepared By: Carlos Uribe, Assistant Public Works Operations Manager Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager

BACKGROUND
The City of St Helena has an established pruning schedule that ensures trees are maintained for the health of the trees as well and minimizing hazards to park patrons.

This maintenance schedule recommends trees be on a 5- or 7-year cycle and it takes into consideration the location, type, and age of trees in each park. Regular tree pruning is critical for the structural integrity and health of the tree and helps to mitigate the risk of broken limbs and falling branches. The park trees in need of pruning in this cycle ending in June 30, 2023 are as follows:

1. Crane Park Phase 2

2. Heritage Trees
The City packaged a bid proposal listing pruning objectives that included a reduction in hazards as well as maintenance pruning for:
• Deadwood removal on all branches one inch and larger
• Canopy reduction to reduce weight and windsail
• All pruning cuts conform to ANSI A300 standards
• Perform root collar inspections
Agenda Item #9.5.

Page 51 of 324 ends

• Provide written report of all hazards
• Issue 48-hour notice before any work can begin to allow for any noticing and arrange for any closures if needed.

DISCUSSION
On March 11, 2023, the City of St. Helena solicited a bid for its pruning program from Pacific Tree Care utilizing Uniform Construction Cost accounting list for professional tree services. The list was established using the procedures set in the St. Helena Municipal Code Section 3.04.200 for Uniform Construction Cost Accounting and Pacific Tree Care was qualified professional tree company that submitted an application. While the City could have requested additional bids, the proposal amount of $78,849.30 is in line with other bid proposals received for similar work and Pacific Tree Care has completed satisfactory work with the City on a regular basis.

FISCAL IMPACT
Total fiscal impact is $78,849.30 and has been included in the Fiscal Year 2022-23 Adopted Budget.

RECOMMENDED ACTION
Staff recommends City Council adopt a resolution approving a Professional Services Agreement with Pacific Tree Care for tree pruning in Crane Park Phase two, and Heritage Trees in an amount not to exceed $78,849.30 and authorize the City Manager to execute the agreement.

ATTACHMENTS
Resolution 2023 Pacific Tree Services
PSA-PTC- Heritage Tree pruning 4.19.23 (PTC Signed)
PSA-PTC Tree pruning Crane 4.19.23 (PTC signed)
2023 Annual List of Qualified Bidders Notice Application Fillable Agenda Item #9.5.

Page 52 of 324 ends

CITY OF ST. HELENA
RESOLUTION NO. xxxx-xx
Resolution approving a
Professional Services
Agreement with Pacific Tree
Care for tree pruning at Crane
Park Phase 2 and Heritage Tree
pruning for an amount not to
exceed $78,849.30 and
authorizing the City Manager to
execute the agreement

RECITALS
A. The City of St Helena has an established tree pruning schedule to ensure the health of its trees in City parks; and
B. The City of St. Helena requested bids for tree pruning at Crane Park, and for Heritage trees; and
C. Pacific Tree Care is on the City of St Helena’s 2023 California Uniform Construction Cost accounting list for professional tree service; and
D. The proposal from Britton Tree Services is $78,849.30; and
E. Sufficient funding for the tree pruning is available in the Public Works budget for Fiscal Year 2022/2023.

F. The project is categorically exempt as a Class I
Categorical Exemption from the requirements of CEQA
pursuant to Section 15301.

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

1. The City Council approves the Professional Service
Agreement with Pacific Tree Care, in the amount of
$78,849.30.

2. The City Council authorizes the City Manager to execute the agreement with Pacific Tree Care.

Approved at a Regular Meeting of the St. Helena City
Council on May 23, 2023 by the following vote:

Agenda Item #9.5.

Page 53 of 324 ends

Mayor Dohring:

Vice Mayor Hall:

Councilmember Chouteau:

Councilmember Hardy:

Councilmember Summers:

APPROVED: ATTEST:
________________ _____________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.5.

Page 54 of 324 ends

Page 1 of 17 ends

Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023

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 Pacific Tree Care (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Tree Maintenance- Heritage Tree pruning.

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 B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $46,233.40 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, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #9.5.

Page 55 of 324 ends

Page 2 of 17 ends

Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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 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.

Agenda Item #9.5.

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Page 3 of 17 ends

Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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: $1,000,000 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: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 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.

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.

Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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 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) Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 (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.

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 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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 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 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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 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.

Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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.

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 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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.

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 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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:

To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Pacific Tree Care
PO Box 34
Calistoga, CA 94515
Jacob Schneider
(707)-942-0261
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
Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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 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 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 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
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
Agenda Item #9.5.

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Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 Exhibit A
“Scope of Services”
Tree Maintenance of trees Heritage Tree. This includes maintenance pruning, addressing overall tree health and deficiencies.

1. Tree #1, Valley Oak (Quercus lobata)
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts. Inspect the tree for visual inconsistencies that may lead to failure. Provide traffic control.

COST: Labor 4,600.00
COST: 80' Red Lift 400.00

2. Tree #2 has been removed.

3. Tree #3, Valley Oak
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts. Inspect the tree for visual inconsistencies that may lead to failure. Provide traffic control.

COST: Labor 2,760.00
COST: Bucket Truck 250.00
NOTE: HIGH VOLTAGE ONSITE

4. Tree #4, Coast Live oak. Tree retains six cables, one is broken.

TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts. Raise over street and vineyard. Replace all six cables. Provide traffic control COST: Labor 4,600.00
COST: JLG Lift 300.00
COST: Materials - Cabling 960.00T

5. Tree #5, Coast Live Oak
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts.

COST: Labor 2,760.00
TREATMENT B: For adjacent tree, clean deadwood 1" diameter and greater.

COST: Labor 920.00

6. Tree #6, no treatment recommended at this time

7. Tree #7, Valley Oak
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts. Raise canopy over the road. Inspect the tree for visual inconsistencies that may lead to failure.

COST: Labor 3,680.00
COST: Bucket Truck 250.00
NOTE: HIGH VOLTAGE ONSITE

8. Tree #8
TREATMENT: Clean deadwood 1" diameter and greater. Provide traffic control.

COST: Labor 1,380.00
COST: Bucket Truck 250.00
NOTE: HIGH VOLTAGE ONSITE
Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023

9. Tree #9,
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts. Excavate and examine the root collar. Provide traffic control, will need neighbor access.

COST: Labor 3,680.00
COST: Bucket Truck 250.00
NOTE: HIGH VOLTAGE ONSITE

10. Tree #10TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter
cuts. Replace four cables. Provide traffic control.

COST: Labor 2,760.00
COST: Bucket Truck 250.00
COST: Materials - Cabling 480.00T
NOTE: HIGH VOLTAGE ONSITE

11. Tree #11, Coastal Redwood (Sequoia sempervirens)
TREATMENT: Clean deadwood 1" diameter and greater. Remove broken, hanging limb. Inspect the tree for visual inconsistencies that may lead to failure.

COST: Labor 1,840.00
COST: Bucket Truck 250.00

12. Tree #12, Incense Cedar (Calocedrus decurrens)
TREATMENT: Clean deadwood 1" diameter and greater. Inspect the tree for visual inconsistencies that may lead to failure.

COST: Labor 1,380.00
COST: Bucket Truck 250.00
NOTE: HIGH VOLTAGE ONSITE

13. Tree #13, Valley Oak
TREATMENT A: Clean deadwood 1" diameter and greater. Reduce endweight with 2" - 4" diameter cuts. Inspect the tree for visual inconsistencies that may lead to failure.

COST: Labor 3,680.00
--AND--
TREATMENT B: Subcontract with Bob & Duff's Pest Control for systemic injection for Mediterranean Oak Borer. COST: Subcontractor 750.00

14. Tree #14, Coast Live Oak
TREATMENT A: Clean deadwood 1" diameter and greater. Reduce endweight with 1" - 3" diameter cuts and 2" - 4" diameter cuts above the house. Inspect the tree for visual inconsistencies that may lead to failure. Provide traffic control.

COST: Labor 4,600.00
COST: Bucket Truck 250.00
COST: 7% Fuel and Regulatory Compliance Surcharge 2,703.40 Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023

TREE LEGEND

1. 1350 Grove Court 41” Valley Oak
Located in the street.

2. Removed due to to failure.

3. 1201 Edwards St. 42” Valley Oak
Located in the street.

4. 1671 Sulphur Springs Ave. 50” Coast Live Oak
Located across the street.

5. 2660 Spring Street 30” Coast Live Oak

6. 2790 Spring Street 36” Valley Oak

7. 2126 Madrona Avenue 39” Valley Oak

8. 1544 Hudson Avenue 34” Valley Oak

9. 1918 Spring Street 32” Valley Oak
Located across the street.

10. 1918 Spring Street 52” Valley Oak
Located across the street.

11. 1276 Allyn Ave. 50” Coastal Redwood
Located on Tainter St. side.

12. 1256 Stockton Street 36” Incense Cedar

13. 1413 Tainter Street 36” Valley Oak

14. 1417 Tainter Street 36” Valley Oak

15. 2080 Spring Mountain Rd. 45” Coast Live Oak
Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance-Heritage Tree Pruning 4/19/2023 Exhibit B
“Compensation”
Tree Maintenance of 12 Heritage trees, located in Right of Way through out St Helena city limits.

Total: $46,233.40
Agenda Item #9.5.

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Page 1 of 15 ends

Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Tree Maintenance phase II Crane Park.

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 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 B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $32,615.90 unless additional compensation is approved in accordance with Section 2.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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.

Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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:

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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:

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.

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Page 5 of 15 ends

Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 (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.

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.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

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

Agenda Item #9.5.

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Page 8 of 15 ends

Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

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

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

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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 21 – TERMINATION
Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 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.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #9.5.

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Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 Exhibit A
“Scope of Services”
Tree Maintenance of trees as part of phase 2 in crane park. This includes maintenance pruning and addressing dead and failed trees, overgrown vegetation, and any hazardous trees over picnic Pads Juan Diaz memorial pad and Pad 1.

1. Two Valley Oak (Quercus lobata)
COST: Labor 4,600.00
COST: JLG Lift 300.00

2. Two Coast Live Oak (Quercus agrifolia)
COST: Labor 1,840.00

3. One Coulter Pine
COST: Labor 2,760.00
COST: JLG Lift 300.00

4. One Stone Pine (Pinus pinea)
COST: Labor 2,760.00
COST: JLG Lift 300.00

5. One Black Oak and one Coast Live Oak
COST: Labor 3,220.00
COST: JLG Lift 300.00

6. Move wood from removals to park entrance.

COST: Labor 460.00
COST: Skidsteer with attachments as needed. 250.00
TREATMENT B: Cut wood to 16" length rounds and pile.

COST: Labor 1,380.00
The following trees are all to be pruned. Chip mulch will be broadcast and spread neatly in park area--

7. Two Coast Live Oak and three Valley Oak
TREATMENT: Clean deadwood 1" diameter and greater. Reduce end weight with 1" - 3" diameter cuts.

COST: Labor 5,520.00
COST: 80' Red Lift 800.00

8. Three Valley Oak
TREATMENT: Clean deadwood 1" diameter and greater. Reduce endweight 1with 1" - 3" diameter cuts.

COST: Labor 3,680.00
COST: JLG Lift 600.00

9. One Western Red Cedar (Thuja plicata)
TREATMENT: Clean deadwood 1" diameter and greater. Install a 3-piece cable system.

COST: Labor 1,150.00
COST: Materials - Cabling 480.00T
Agenda Item #9.5.

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Pacific Tree Care-Tree Maintenance Crane Park phase II 4/19/2023 Exhibit B
“Compensation”
Tree Maintenance of 13 trees as part of Crane Park Phase II, located at 360 Crane park near picnic Pad 1 and Juan Diaz Memorial Picnic Pad.

Total: $32,615.90
Agenda Item #9.5.

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1 Annual Bidders List Notice
Company Name:_________________________________________ Contact Name:___________________ Address:____________________________ City:_______________________ State: ______Zip:_________ Email:___________________________________________________ Phone #:______________________ CA Contractor License Number:______________________________________ Type of Specialty Work in which contractor is interested and currently licensed to do:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ APPLICATION CERTIFICATION: I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THAT THE INFORMATION PROVIDED ABOVE IS ACCURATE AND TRUE AS OF THIS DATE. I AM LICENSED IN THE STATE OF CALIFORNIA AND SKILLED TO PERFORM THE ABOVE WORK AS STATED, I AM ALSO ABLE TO SECURE BONDS IF REQUIRED BY THE CITY TO PERFORM THE WORK IF SELECTED. MY COMPANY SHALL COMPLY WITH ALL CITY, STATE AND FEDERAL REQUIREMENTS.

City of St .Helena
Public Works Department
1088 College Avenue
St. Helena, CA 94574
(707) 968-2658
NOTICE TO ALL LICENSED CONTRACTORS:

The City of St. Helena hereby invites all licensed contractors to complete this form and submit it to the St Helena Public Works Department if they wish to be included on the City’s List of Qualified Bidders for Public Works projects for the 2023 calendar year. CONTRACTOR MUST be able to complete the City’s Construction Contract, City Insurance Requirements and comply with State Prevailing Wage Law.

For Additional Information, or Documents Please Visit the Public Works Website @ http://www.cityofsthelena.org/publicworks This notice is to any individual or firm wishing to be added to the City of St. Helena’s (“City”) list of qualified bidders (“List”) for the 2023 calendar year pursuant to the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Interested individual/firm(s) must submit the CUPCCAA contractor/vendor application (“Application Form”).

To be considered for placement on the List, the City must receive the completed Application Form no later than January 31, 2023.

Please be advised that submission of an Application Form does not guarantee placement on the List or that the applicant will be informed of, or included in, all requests for proposals (“RFP”), requests for qualifications (“RFQ”), or bid requests. The City will either issue notices of RFQ, RFP, or bid requests to qualified bidders on the List based on the category of work being bid, or announce project opportunities in designated trade journals, or both.

The City reserves the right to reject any and all requests solicited, to waive minor irregularities, and to make such decisions as deemed necessary in the best interest of the City in accordance with the law.

Interested individual/firm(s) are encouraged to inquire about current City project opportunities by checking the local newspaper, trade journals, and City website for publicly advertised RFPs, RFQs, or bid solicitations.

The City is an equal opportunity owner/employer and will not discriminate against any bidder and/or contractor because of race, creed, color, religion, sex, national origin or ADA disability.

Remit Application Via Email To
[email protected]
Call (707) 968-2658 With Questions.

Agenda Item #9.5.

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1 Annual Bidders List Application
Company Name:_________________________________________ Contact Name:___________________ Address:_______________________________________________________________________________ City:__________________________________________ State:_____________ Zip:___________________ Email:_________________________________________ Phone #:________________________________

1. CA. Contractor License Number (s): ___________ 2. Class of License (s) held:_____________________

3. Description of work:_____________________________________________________________________

1. CA. Contractor License Number (s): ___________ 2. Class of License( s) held:______________________

3. Description of work:_____________________________________________________________________

1. CA. Contractor License Number (s): ___________ 2. Class of License( s) held:______________________

3. Description of work:_____________________________________________________________________ City of St. Helena
Public Works Department
1088 College Avenue
St. Helena, CA 94574
(707) 968-2658
NOTICE TO ALL LICENSED CONTRACTORS:

The City of St. Helena hereby invites all licensed contractors to complete this form and submit it to the St. Helena Public Works Department if they wish to be included on the City’s List of Qualified Bidders for Public Works projects for the 2023 calendar year. CONTRACTOR MUST be able to complete the City’s Construction Contract, City Insurance Requirements and comply with State Prevailing Wage Law.

Please fill out the following for each trade your firm is proposing to be listed on:

1. CA. License Number- State issued Contractors license Number

2. Type of Classification: General “A”, General “B” or Specialty Classification “C”

3. Brief description of work associated with License.

Please attach sheet to add more trades if needed.

Print Name: _____________________Title: ___________________Signature: _______________________ APPLICATION CERTIFICATION: I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE THAT THE INFORMATION PROVIDED ABOVE IS ACCURATE AND TRUE AS OF THIS DATE. I AM LICENSED IN THE STATE OF CALIFORNIA AND SKILLED TO PERFORM THE ABOVE WORK AS STATED, I AM ALSO ABLE TO SECURE BONDS IF REQUIRED BY THE CITY TO PERFORM THE WORK IF SELECTED. MY COMPANY SHALL COMPLY WITH ALL CITY, STATE AND FEDERAL REQUIREMENTS.

For Additional Information or Documents Please Visit the Public Works Website @ http://www.cityofsthelena.org/publicworks Remit Application Via Email To
[email protected]
Call (707) 968-2658 With Questions.

Agenda Item #9.5.

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INSURANCE REQUIREMENTS FOR MINOR CONSTRUCTION SERVICES
Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$2,000,000] each occurrence and [$4,000,000] general aggregate, subject to a deductible of not more than [$1,000] payable by Contractor.

Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, nonowned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

Workers’ Compensation Employers’ Liability limits not less than [$2,000,000] each accident, [$2,000,000] per disease and [$2,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of St. Helena, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to SelfInsure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.

Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

Insurance policies in Appendix C shall contain an endorsement containing the following terms:

City of St. Helena, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.

The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 5.03 above.

All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of [A-,VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

Agenda Item #9.5.

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INSURANCE REQUIREMENTS FOR MAJOR CONSTRUCTION SERVICES
Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$5,000,000] each occurrence and [$10,000,000] general aggregate, subject to a deductible of not more than [$1,000] payable by Contractor.

Business Automobile Liability Insurance with limits not less than [$5,000,000] each occurrence including coverage for owned, nonowned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

Insurance policies in Appendix C shall contain an endorsement containing the following terms:

The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

Agenda Item #9.5.

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INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
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:

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.

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

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.

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

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

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.

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.

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.

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.

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

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.

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.

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

Agenda Item #9.5.

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Adoption of a Resolution Adopting a list of Projects for Fiscal Year 2023-24 funded by SB1: The Road Repair and Accountability Act of 2017.

CEQA
Determination:

Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Mario Traverso, Public Works Assistant Engineer Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017. SB 1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. A percentage of the Road Maintenance and Rehabilitation Account (RMRA) account funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

Prior to receiving an apportionment of RMRA funds in FY 2023-24, the City is required to submit to the California Transportation Commission a list of projects proposed to be funded in FY 2023-24 by July 1, 2023. The list of projects proposed to be funded with these funds shall include:
• A description of the project;
• The location of each proposed project;
• A proposed schedule for the project’s completion; and • The estimated useful life of the improvement.

Agenda Item #9.6.

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DISCUSSION
The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the RMRA. This is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB

1. The City is recommending continuing the Downtown Sidewalk and Pedestrian Project and adding the Napa Valley Vine Trail: Gap Closure Yountville to St. Helena Project and the Rectangular Rapid Flash Beacon (RRFB) for Pratt and Elmhurst Intersection Improvements to the FY 2023-24 project list.

The recommended action to adopt the project list will ensure the City continues to receive SB 1 revenues. It is anticipated that the City will receive approximately $125,000 during FY 2023-24. The SB 1 funds do carryover from year to year and any unused funds can be spent on other City funded projects in accordance with local needs and priorities so long as the projects are consistent with SB 1 and adopted by City Council.

Staff recommends that City Council approve the SB 1 street project list for FY 2023-24 in order to meet the July 1, 2023 deadline.

FISCAL IMPACT
SB 1 requires the City to provide an annual general fund Maintenance of Effort (MOE) in the amount of $314,571. However, the MOE specific expenditures do not need to be reflected in the approved project list. The proposed FY 2023-24 Capital Improvements Plan Budget and proposed FY 2023-24 Operations Budget will include a total of $379,189 in General Funds for City Streets to meet the MOE requirement of both SB 1 and Measure T funding. There is no additional fiscal impact with the adoption of the resolution approving the RMRA Project List for FY 2023-24.

RECOMMENDED ACTION
Adopt a resolution adopting a list of projects for fiscal year 2023-24 funded by SB1: The Road Repair and Accountability Act of 2017.

ATTACHMENTS
Exhibit A - SB1 Project List
Resolution - SB 1 Project List
Agenda Item #9.6.

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Project Details
Start Complete Min Max
Downtown Sidewalk and Pedestrian Project
This project will include design and construction of the downtown sidewalk and pedestrial improvement project. Improvements include replacing sidewalks, curb ramps, bulb outs, landscape and utilites.

Main Street (Highway 29) from Mitchell Drive to Pine Street Construction Carried Over
22/23
Jun-23 Jun-24 15 30 4 3
Napa Valley Vine Trail: Yountville to St. Helena
This project will include design and construction of the Napa Valley Vine Trail. Improvemnts include the installation of pedestrian and bicycle facilities through the City of St. Helena corridor.

Main Street, Oak Avenue, Railroad Avenue
Planning New 23-Jun 25-Jun 15 30 4 3
Pratt & Elmhurst Intersection Improvements
This project includes construction of pedestrian crossing and safety improvements including new curb ramps, striping, and installation of RRFBs.

Pratt Avenue, Elmhurst Avenue, Main Street
Construction New Jun-23 Dec-23 15 30 4 3
Useful Life
Assem SenateTitle Description Location Component Priority Status Est. Schedule
Agenda Item #9.6.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-

ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2023/24 FUNDED BY SB1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.

RECITALS
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
D. The City, will receive an estimated $125,000 in RMRA funding in Fiscal Year 2023- 24 from SB 1; and
E. This is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
F. The City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and G. The funding from SB 1 will help the City maintain and rehabilitate streets, roads, bridges, add active transportation infrastructure throughout the City this year and similar projects into the future; and
H. The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk condition and this revenue will Agenda Item #9.6.

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help the City increase the overall quality of our road system and over the next decade will bring our streets and roads into a good to excellent condition; and I. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and J. The project is exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities.

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

1. The foregoing recitals are true and correct; and

2. The following list of previously proposed projects in Exhibit “A” will be funded inpart or solely with fiscal year 2023/24 Road Maintenance and Rehabilitation Account revenues.

Approved at a Regular Meeting of the St. Helena City Council on May 23, 2023, by the following vote:

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Proposed Approval of a Resolution Memorializing the City Council Decision at the May 9, 2023 City Council Meeting Approving a Partial Waiver of Penalties Incurred by the Hoff's During the Phase II Water Emergency. Total Penalties
Waived: $112,175.06 and Total Penalties to be Paid by the Hoff's: $139,204.22.

CEQA
Determination:

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

BACKGROUND
Duane and Susan Hoff filed a request for fee waiver for penalties incurred on their water account in June, July, and August 2021 totaling $251,379.28. The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, the appeal was presented to the City Council for consideration on January 24, 2023 and continued to May 9, 2023. The staff reports can be found utilizing the following links:

January 24, 2023 City Council Meeting
May 9, 2023 City Council Meeting

DISCUSSION
On May 9, 2023, City Council made the determination to waive a portion, but not all of the penalties imposed. Based on the recommendation by the City Attorney, and agreed upon by the City Council, staff is bringing back a resolution memoralzing the May 9, 2023 City Council decision.

Agenda Item #9.7.

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The total penalties assessed is $251,379.28 and City Council moved to waive 75% of the June penalties assessed and 50% of the July penalties assessed for a total penalty waiver of $112,175.06 leaving a balance of $139,204.22 to be paid by the Hoff's. The table below provides a summary of the penalities assessed and waived.

Amount Assessed Amount Waived Total Penalties to
be Paid
June - 25% Penalty 17,051.37 - 0 - 17,051.37
June - 75% Penalty 51,154.11 (51,154.11) - 0 -
July - 50% Penalty 61,020.95 - 0 - 61,020.95
July - 50% Penalty 61,020.95 (61,020.95) - 0 -
August Penalty 61,131.90 - 0 - 61,131.90
TOTAL
PENALTIES 251,379.28 (112,175.06) 139,204.22

FISCAL IMPACT
The fiscal impact is waiving of $112,175.06 in penalities assessed during the Phase II water emergency. The Hoff's will be respoonsible for paying the remaining balance of $139,204.22 in penalties.

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
Resolution - Water Penalty Appeal Duane and Susan Hoff
Agenda Item #9.7.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena Making Findings and Determinations Regarding the
Water Penalty Appeal of Duane and Susan Hoff as
follows: Waive 75% of the Penalties Imposed in June
2021 and Waive 50% of the Penalties Imposed in July
2021 for a Total Penalty Waiver of $112,175.06 with the Hoff’s responsible for paying the remaining $139,204.22 in Penalties Assessed
WHEREAS, On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board; and
WHEREAS, In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC; and
WHEREAS, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak; and
WHEREAS, Duane and Susan Hoff have filed a request for fee waiver for the penalties incurred on their water account in June, July, and August 2021 totaling $251,379.28. The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration; and WHEREAS, the City Council has reviewed the penalty appeal for Duane and Susan Hoff on January 24, 2023 and on May 9, 2023; and
WHEREAS, on May 9, 2023, the City Council made the determination to waive a portion, but not all, of the penalties imposed as noted below.

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.

Agenda Item #9.7.

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SECTION 2. The City Council has considered the circumstances of the appeal.

SECTION 3. The City Council has determined the following:
a. Waive 75% of the penalties assessed in June 2021 in the amount of $51,154.11 and waive 50% of the penalties assessed in July 2021 in the amount of $61,050.95 for a total penalty waiver of $112,175.06.
b. The Hoff’s are responsible for paying the balance of the penalties assessed for total amount of $139,204.22.

Approved at a Regular Meeting of the St. Helena City Council on May 23, 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 Jaminson Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.7.

Page 102 of 324 ends

Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Approval of a Resolution Approving a 2023 Extension of Raw Water Use Agreement between the City of St. Helena and Spring Mountain Vineyard, Inc. for Raw (nonpotable) Water from Lower Reservoir.

CEQA
Determination:

Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.

Prepared By: Joseph Leach, Public Works Director and City Engineer Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The City of St. Helena Water Enterprise owns and operates a water storage facility known as Lower Reservoir located on Spring Mountain Road at the westerly City limits. It remains an operational piece of St. Helena’s history dating back to 1877 when a group of local wine growers with lands along York Creek organized and filed articles of incorporation as the St. Helena Water Company with the purpose of supplying the Town of St. Helena with water. Various improvements have been made to meet demand through its service life.

In 1922, the St. Helena Water company conveyed the water system, its properties and all water rights of the water company to the Town of St. Helena. The Town, which became a City, continued to operate Lower Reservoir as part of its potable water supply until 1980 when Louis Stralla Water Treatment Plant fed by Bell Canyon Reservoir became operational. Lower Reservoir raw water currently serves: (1) Robert Louis Stevenson Middle School; (2) as a permit issued raw water station; (3) Spring Mountain Vineyard; and (4) for fire-fighting emergencies by aircraft.

Agenda Item #9.8.

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Spring Mountain Vineyard is a winery estate located on slopes of Spring Mountain in the northwesterly quadrant of St. Helena and in close proximity to the Lower Reservoir.

Spring Mountain Vineyard’s current operation is dependent upon the supply of raw water from the City of St. Helena via Lower Reservoir and the existing infrastructure to deliver that water. On August 28, 1990, the City approved a Water Use Agreement with Michael Robbins, Spring Mountain Vineyard, Inc.’s predecessor in interest. That agreement was amended in 1996, and then expired on June 30, 2006. Following that expiration, the City continued to voluntarily provide raw water from Lower Reservoir to Spring Mountain Vineyard, until executing a new two-year agreement in May 2016. At that time, the rate being paid by Spring Mountain Vineyard for raw water was $750 per acre-foot, with an annual limit of 25 acre-feet.

In 2018, City staff and staff from Spring Mountain Vineyard negotiated terms of a new agreement. In order to continue supplying raw water to Spring Mountain Vineyard, an agreement (Attachment 1) was approved by City Council on June 26, 2018 with the additional following terms:
• Five-year initial contract period
• After year five, the contract will automatically renew year to year unless terminated by either party
• Raw water rates are to match the rate schedule set by City Council Resolution • Annual limit of 25 acre-feet
• The rate doubles per acre-foot of raw water delivered in excess of the 25 acre-foot annual limit

DISCUSSION
The current agreement is set to expire on June 26, 2023 and Spring Mountain Vineyard has requested that the City renew the agreement for an additional five year term. Under the terms of the current agreement, there is an annual limit of 25 acre-feet (10,892 HCF).

Spring Mountain Vineyard exceeded its limit in CYs 2019 and 2020 and, per the terms of the agreement, paid double the rate per acre-foot of the raw water delivered in excess of the 25 acre-foot limit. Spring Mountain Vineyard stayed within its allocation in CY 2021 and CY 2022 and is on-track to remain compliant in CY 2023.

The City Attorney, City staff, and and legal counsel for Spring Mountain Vineyard have drafted an updated extension to the agreement with terms that are identical to the terms of the current agreement. The only changes from the existing Agreement are that the extension provides for a new five year term that will now expire on five years from the effective date in 2028. The City will continue to charge the rate established by the City Council for raw water, and in the event that Spring Mountain Vineyard exceeds their annual limit of 25 acre feet, it will be required to pay double the then established rate for any water used in excess of its annual limit.

FISCAL IMPACT
Agenda Item #9.8.

Page 104 of 324 ends

The agreement continues to utilize the raw water rate schedule set by City Council.

Revenues generatred to to the City's water utility fund. Actual revenue is dependent on actual raw water use.

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
Attachment 1 - 2023 Spring Mountain Vineyard Raw Water Agreement Attachment 2 - St. Helena Resolution Approving 2023 SMV Raw Water Agreement Agenda Item #9.8.

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83578.00113\41116389.3
1 EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of St. Helena
1088 College Avenue
St. Helena, California 94574
Assessor’s Parcel No(s). 022-180-020, 022-180-021 and 009-450-001 2023 EXTENSION OF RAW WATER USE AGREEMENT
SPRING MOUNTAIN VINEYARDS, INC.

THIS 2023 EXTENSION OF RAW WATER USE AGREEMENT (“AGREEMENT’) is entered into this __day of ___, 2023 (“Effective Date”), by and between the City of St. Helena, a California municipal corporation (“City”), on the one hand, and Spring Mountain Vineyards, Inc., a Delaware corporation (“Buyer”), on the other. City and Buyer are sometimes referred to herein individually as a “party” and collectively as the “parties.”

RECITALS
A. Buyer is the owner of that certain real property (the “Property”) generally located on the southerly side of Spring Mountain Road at 2805 Spring Mountain Road, identified by Napa County Assessor’s Parcel Nos. 022-180-020, 022-180-021 and 009-450-001, and more commonly referred to as “Spring Mountain Vineyards.” Parcel No. 022-180-021 is located in the City of St. Helena.

B. City is the owner of that certain reservoir (the Lower Reservoir”) located on the northerly side of Spring Mountain Road and identified by Napa County Assessor’s Parcel No. 0097131-013.

C. On August 28, 1990, City adopted City Council Resolution No. 90-91 approving a Water Use Agreement between City and Buyer’s predecessor in interest, Michael Robbins (the “1990 Water Use Agreement”).

D. The 1990 Water Use Agreement was amended in 1996 by the “Amended Agreement.” That Amended Agreement terminated on June 30, 2006. Between that time and May 24, 2016, the City had no obligation to provide raw water from the Lower Reservoir to Agenda Item #9.8.

Page 106 of 324 ends

83578.00113\41116389.3
2 Buyer. During that time the City continued to voluntarily provide raw water to Buyer, even though the City had no ongoing obligation to do so.

E. Following the expiration of the Amended Agreement on June 30, 2006, Buyer continued to purchase water from the City substantially under the terms of that expired agreement, although the volume of water used by Buyer exceeded the 25-acre feet authorized by the 1990 Water Use Agreement and the Amended Agreement.

F. On May 24, 2016, City adopted City Council Resolution No. 2016-64 approving a Raw Water Use Agreement between City and Buyer (the “2016 Raw Water Use Agreement”).

G. On June 26, 2018, City and Buyer entered into the 2018 Extension of Raw Water Use Agreement, pursuant to which Buyer would continue to use raw water from the Lower Reservoir to irrigate its vineyard, and City would continue to sell said water to Buyer upon the terms and conditions set forth therein.

H. The parties mutually desire to (i) extend and amend the 2018 Extension of the Raw Water Use Agreement; (ii) strictly limit Buyer’s actual annual water usage; and (iii) set forth the respective obligations of the parties and the terms under which City will continue to sell and Buyer will continue to purchase raw water from the City from Lower Reservoir.

I. This Agreement confirms the City’s intent to continue to use the raw water for beneficial purposes pursuant to pre-1914 water rights claimed by the City associated with water in Lower Reservoir.

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

AGREEMENT

1. Supply. City shall provide water from the Lower Reservoir to the Property up to a maximum of twenty-five (25) acre-feet (i.e. 8,146,275 gallons) per Water Year (“Annual Limitation”) upon the terms and conditions set forth herein. As used herein, the term “Water Year” shall mean the twelve-month period between July 1st and June 30th each year. Buyer shall in no event use more water than the Annual Limitation.

2. Term. This Agreement shall commence on the Effective Date and shall continue in full force and effect for an initial period not to exceed five (5) years. Thereafter, this Agreement shall automatically renew each year and shall continue on a year to year basis unless terminated by either party upon six (6) months written notice.

3. Price.

A. Within thirty (30) days of the receipt of an invoice from City, and throughout the term of this Agreement, Buyer shall pay City for water delivered pursuant to this Agreement at the price established by the City Council for raw water. The raw water rate as of the effective date of this Agreement is $0.00397 per gallon, and may be updated from time to time during the term of this Agreement by action of the City Council.

Agenda Item #9.8.

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83578.00113\41116389.3
3 B. The amount of water furnished shall be measured by the existing meter located directly across Spring Mountain Road from the dam at the Lower Reservoir. Any and all maintenance expenses and costs of the meter shall be the sole responsibility of Buyer, payable within thirty (30) days of the receipt of an invoice from City.

Without limitation on the provisions of Paragraph 1, and without in any manner excusing Buyer from strict compliance with the Annual Limitation, should Buyer for any reason exceed the Annual Limitation, Buyer shall pay City twice the price under Paragraph 3A above per gallon of water delivered in excess of the Annual Limitation. Without limitation on any other rights or remedies available to the City, and as specified in Paragraph 10.1, the City shall have the right to discontinue and terminate at its discretion the provision of raw water under this Agreement upon ten (10) days prior written notice if and when Buyer exceeds its Annual Limitation.

4. Quality. City does not warrant or guarantee the quality of water coming from the Lower Reservoir or provided to Buyer, or its suitability for any purpose or use by Buyer. Buyer expressly acknowledges, agrees and understands that the water being delivered from the Lower Reservoir pursuant to this Agreement is raw water. Buyer expressly acknowledges and agrees that said water is not treated and is not suitable or intended for human consumption.

5. Use. Buyer shall use the water delivered under this Agreement solely for vineyard irrigation purposes.

6. Release and Indemnity.

A. Buyer shall defend (with counsel approved by City, which approval shall not be unreasonably withheld), indemnify, and hold harmless City, its elected and appointed officials, employees, volunteers and agents from and against any and all loss, liability, expenses, claims, costs (including reasonable attorney’s fees), suits and damages of every kind, nature, and description, directly or indirectly arising from the performance of this Agreement or any third party legal or administrative challenge to City’s approval of this Agreement.

B. To the full extent authorized by law, Buyer hereby forever waives, releases and covenants not to sue the City, and its Council members, officials, officers, agents, representatives, insurers and employees, from any and all claims, causes of action and damages, including without limitation damages to Buyer’s road and/or Property, arising from or in any manner connected with Buyer’s (and its predecessors’) acceptance of soil from the City in 2006 or at any other time.

7. Connection Location and Charges. Buyer shall receive raw water via its current water meter and existing three and one-half inch (3.5”) diameter pipe located in Spring Mountain Road. Buyer agrees that any proposed improvements relating to the utility connection will require review and approval by the City Engineer as well as an encroachment permit. Buyer is solely responsible for all applicable connection charges.

8. Emergencies. City shall have the unlimited right to shut off or reduce the supply of water to Buyer in the event of an emergency. As used in this Agreement, an “emergency” shall be defined as (1) a fire, act of god, or other natural disaster, (2) malfunction of the water Agenda Item #9.8.

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83578.00113\41116389.3
4 system that prevents distribution to Buyer, or (3) an event declared by resolution of the city council to threaten the public health, safety or welfare.

9. Compliance with Laws. At all times during the term of this Agreement, Buyer shall be bound by and subject to all lawful resolutions, rules, regulations, directives, ordinances and orders of the City applicable to Buy6..

10. Conservation; Declaration of Water Shortage Emergency; Avoidance of City Liability.

10.1 Conservation. In the event City’s Director of Public Works, in his or her sole discretion, determines that the Annual Limitation inevitably will be exceeded or that the Annual Limitation has been exceeded, City may require Buyer to undertake additional conservation measures and may shut off raw water delivery, upon ten (10) days prior written notice.

10.2 Water Shortage Emergency. The Lower Reservoir holds approximately 161 acre feet of water at full capacity. Buyer acknowledges and understands that City desires to retain not less than twenty-five percent (25%), or 40.25 acre feet, of this capacity in the reservoir at all times. in addition, Robert Louis Stevenson Middle School (“RLS”) uses 10 acre feet per year for irrigation of athletic fields and landscaped areas. At any time City determines that delivery of the Annual Limitation specified in Paragraph 1 of this Agreement will reduce the water level in the Lower Reservoir below 40.25 acre feet (“Minimum Water Reserves”), City may declare a water shortage emergency and, upon written notice to Buyer, reduce the Annual Limitation delivered to Buyer as necessary to ensure that the water capacity in the Lower Reservoir does not dip below the Minimum Water Reserves.

10.3 State Ordered Reductions, or Potential Liability Associated with Diversion and Use. Buyer acknowledges and agrees if, at any time during the term of this Agreement, the State of California orders City to reduce the storage volume behind the dam at the Lower Reservoir, the City in its exclusive discretion may reduce the Annual Limitation pursuant to Paragraph 1 of this Agreement and/or turn off and discontinue raw water delivery in order to maintain Minimum Water Reserves and comply with the State of California order. Further, if a federal, state, or local agency or third party orders that the diversion, storage or use of water associated with Lower Reservoir is unlawful, or that the delivery of water to Buyer is unlawful, City in its exclusive discretion may shut off water delivery.

11. Modification of Use Permit with County. Buyer agrees that if any future request or application for approval of amendments or modifications to any of the use permits for the Property are filed with the County of Napa, Buyer shall concurrently submit copies of such application(s) or request(s) to City. In addition, Buyer agrees to provide City with copies of all supporting documents or other information submitted in connection with such requests or applications.

12. Remedies; Prohibition On Damages.

A. As part of the bargained for consideration for this Agreement, the parties agree that any action or proceeding to cure, correct, or remedy any default or to enforce any Agenda Item #9.8.

Page 109 of 324 ends

83578.00113\41116389.3
5 covenant or promise herein shall be limited solely and exclusively to those remedies expressly provided herein. Either party may institute legal or equitable proceedings to cure, correct or remedy any default of this Agreement; or to enforce any covenants or promises herein, enjoin any threatened or attempted violation, or to enforce by specific performance, injunction, declaratory relief, writ of mandate, and/or other similar non-monetary relief, the obligations and rights of the parties under this Agreement.

B. In no event shall the City, or any of its officers, agents, representatives, officials, Council, employees, or insurers, be liable to Buyer for damages for any breach or violation of this Agreement. In the event Buyer requests damages in any action or proceeding brought for breach or violation of this Agreement or to enforce any provision hereof, then such request shall destroy the consideration supporting the City’s agreement to enter into this Agreement, and shall, in turn, entitle the City to immediately terminate and end all obligations under this Agreement, irrespective of any provision to the contrary contained herein. The enforceability and validity of the above limitations on the remedies available to the parties, including, without limitation, the specific provision prohibiting the recovery of damages, is part of the bargained for, negotiated consideration for the City’s agreement to enter into this Agreement, and it is acknowledged that the City would not have entered this Agreement if it were to be liable in damages under this Agreement.

13. Notices. All notices and other communications provided for herein shall be in writing and shall be sent to the address set forth below (or such other address as a party may hereafter designate for itself by notice to the other parties as required hereby) of the party for whom such notice or communication is intended:

If to City:

City of St. Helena
Attn: City Manager
1088 College Avenue
St. Helena, CA 94574
Email: [email protected]
If to Buyer:

Spring Mountain Vineyard
Attn: General Manager
2805 Spring Mountain Rd.

St. Helena, CA 94574
Email: [email protected]
Any such notice or communication shall be sufficient if sent by registered or certified mail, return receipt requested, postage prepaid; by hand delivery; by overnight courier service; or by facsimile transmission or by email. Any notice given by email shall be deemed given on the day sent, provided it is sent on a business day during normal business hours, otherwise it will be deemed sent on the next business day. Any notice given by registered or certified mail, return receipt requested, shall be deemed to have been given on the date receipt Agenda Item #9.8.

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83578.00113\41116389.3
6 was acknowledged to the postal authorities. Any notice given by overnight courier service shall be deemed to have been given on the business day following deposit with the courier service.

Buyer and City agree that any notice provided by their respective legal counsel shall be deemed to be notice given by Buyer or City, respectively. Either party may, by written notice to the other in the manner aforesaid, change the address to which notices addressed to it shall thereafter be mailed.

14. Force Majeure.

A. “Force Majeure Event” means a cause of non-performance or delay that is not the fault of the party who is required to perform under this Agreement and is beyond that party’s reasonable control, including the elements (including floods, earthquakes, windstorms, drought or water shortage and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, the actions or inactions of any governmental entity (excluding City) or that entity’s agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.

B. If the performance of any act required by this Agreement to be performed by either City or Buyer is prevented or delayed because of a Force Majeure Event, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. An extension of time for any such Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Lease may also be extended in writing by the mutual agreement of City and Buyer.

C. This Section does not excuse (1) Buyer’s obligation to pay for water provided under this Agreement when due and payable; or (2) either party’s obligation to perform an act when performance is rendered difficult or impossible solely because of the party’s financial condition. Buyer expressly agrees that adverse changes in economic conditions, either of Buyer specifically or the economy generally, or changes in market conditions or demand, shall not constitute grounds of enforced delay pursuant to this Section. Buyer expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the effective date of this Agreement.

15. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the venue for such action shall be in the Superior Court of California, County of Napa.

16. Attorneys’ Fees. If any legal action is brought by either party to interpret or enforce any terms or provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs.

17. Severability. The parties hereto agree that the provisions of this Agreement are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement Agenda Item #9.8.

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83578.00113\41116389.3
7 shall not be affected and shall remain in full force and effect unless amended or modified by mutual consent of the parties in writing.

18. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of all tenants, heirs, assigns and successors in interest to the parties hereto and shall be a covenant that runs with the land.

19. Integration. This Agreement, together with any documents expressly incorporated herein, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the parties concerning the subject matter contained herein, written or oral. No change, modification, addendum or amendment to any provision of this Agreement shall be valid unless executed in writing by each party hereto.

20. Counterparts. This Agreement may be executed in counterparts, and all counterparts shall constitute but one and the same document.

21. No Waiver. The failure of the City to exercise any right under this Agreement shall not constitute or be deemed as a waiver or breach.

Executed the day and year first above written.

BUYER:

Dated:

SPRING MOUNTAIN VINEYARD, INC.

By:

Constantine S. Yannias, President
Dated: By:

General Manager
Agenda Item #9.8.

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83578.00113\41116389.3
8 CITY:

Dated:

CITY OF ST. HELENA,
A municipal corporation,
By:

Anil Comelo
Its: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
Agenda Item #9.8.

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Page 1 of 2 ends

2023 Extension of Raw Water Use Agreement – Spring Mountain Vineyard, Inc.

CITY OF ST. HELENA
RESOLUTION NO 2023-
RESOLUTION OF THE COUNCIL OF THE CITY OF ST. HELENA APPROVING A 2023 EXTENSION OF RAW WATER USE AGREEMENT BY AND BETWEEN THE CITY OF ST. HELENA AND SPRING MOUNTAIN VINEYARDS, INC.

RECITALS
A. The City of St. Helena (“City”) is the owner of that certain reservoir (the Lower Reservoir”) located on the northerly side of Spring Mountain Road and identified by Napa County Assessor’s Parcel No. 0097131-013; and
B. On August 28, 1990, City adopted City Council Resolution No. 90-91 approving a Water Use Agreement between City and Spring Mountain Vineyard’s predecessor in interest, Michael Robbins (the “1990 Water Use Agreement”); and
C. The 1990 Water Use Agreement was amended in 1996 by the “Amended Agreement.” That Amended Agreement terminated on June 30, 2006. Between that time and May 24, 2016, the City had no obligation to provide raw water from the Lower Reservoir to Spring Mountain Vineyard (“Buyer”). During that time the City continued to voluntarily provide raw water to Buyer, even though the City had no ongoing obligation to do so; and D. Following the expiration of the Amended Agreement on June 30, 2006, Buyer continued to purchase water from the City substantially under the terms of that expired agreement, although the volume of water used by Buyer exceeded the 25-acre feet authorized by the 1990 Water Use Agreement and the Amended Agreement; and
E. On May 24, 2016, City adopted City Council Resolution No. 2016-64 approving a Raw Water Use Agreement between City and Buyer (the “2016 Raw Water Use Agreement”); and F. On June 26, 2018, City and Buyer entered into the 2018 Extension of Raw Water Use Agreement, pursuant to which Buyer would continue to use raw water from the Lower Reservoir to irrigate its vineyard, and City would continue to sell said water to Buyer upon the terms and conditions set forth therein; and
G. The parties mutually desire to (i) extend and amend the 2018 Extension of the Raw Water Use Agreement; (ii) strictly limit Buyer’s actual annual water usage; and (iii) set forth the respective obligations of the parties and the terms under which City will continue to sell and Buyer will continue to purchase raw water from the City from Lower Reservoir.

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

1. The 2023 Extension of Raw Water Use Agreement by and between the City of St. Helena and Spring Mountain Vineyards, Inc. is hereby approved in the form as provided to the City Council, subject to minor, nonsubstantive changes as approved by the City Manager in consultation with the City Attorney.

Agenda Item #9.8.

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Page 2 of 2 ends

2023 Extension of Raw Water Use Agreement – Spring Mountain Vineyard, Inc.

2. The City Manager is hereby authorized to execute such Agreement on behalf of the City.

Approved at a Regular Meeting of the St. Helena City Council on May 23, 2023, by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
__________________________ __________________________
Paul Jaminson Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.8.

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Page 116 of 324 ends

WATER AUDIT CALIFORNIA

A PUBLIC BENEFIT CORPORATION
952 SCHOOL STREET #316 NAPA CA 94559
VOICE: (707) 681-5111
EMAIL: [email protected]
May 22, 2023
Public Comment <[email protected]>
Paul Dohring <[email protected]>
Eric Hall <[email protected]>
Anna Chouteau <[email protected]>
Lester Hardy <[email protected]>
Billy Summers <[email protected]>
Anil Comelo <[email protected]>
Maya DeRosa <[email protected]>
To all it may concern:

RE: Consent Agenda Item 9.8
Consideration and Approval of a Resolution Approving a 2023 Extension of Raw Water Use Agreement (“Agreement’) between the City of St. Helena and Spring Mountain Vineyard, Inc. for Raw (non-potable) Water from Lower Reservoir. (A). Water Audit California (Water Audit) objects to the CEQA determination that the Agreement is exempt from the requirements of CEQA under the General Rule section 15061(b)(3), in that it could have an impact on the environment.

CEQA applies to "discretionary projects proposed to be carried out or approved by public agencies." (§ 21080, subd. (a); see CEQA Guidelines § 15002(d).) A "project" is "an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" undertaken, assisted or authorized by a public agency. (§ 21065, subd. (a).) A "project" means "the whole of the action." (CEQA Guidelines, § 15378(a).)
Agenda Item #9.8.

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WATER AUDIT CALIFORNIA
A California Public Benefit Corporation
952 School Street, #316
Napa, CA 94559
Voice: (707) 681-5111
Email: [email protected]
A project that proposes to sell and transfer water stored by a dam that is required to keep fish in good condition is a project that could affect the environment.

A proposed activity is a CEQA project if, by its general nature, the activity is capable of causing a direct or reasonably foreseeable indirect physical change in the environment. This determination is made without considering whether, under the specific circumstances in which the proposed activity will be carried out, these potential effects will actually occur. Consistent with this standard, a 'reasonably foreseeable' indirect physical change is one that the activity is capable, at least in theory, of causing. (see Guidelines, § 15064, subd. (d)(3).) In enacting CEQA, the Legislature declared its intention that all public agencies responsible for regulating activities affecting the environment give prime consideration to preventing environmental damage when carrying out their duties. (§ 21000, subd. (g); see generally, Sierra Club v. State Bd. Of Forestry (1994) 7 Cal.4th 1215, 1229; Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 390; Concerned Citizens of Costa Mesa, Inc. v. 32ndDist. Agricultural Assn. (1986) 42 Cal.3d 929, 935. CEQA is to be interpreted "to afford the fullest possible protection to the environment within the reasonable scope of the statutory language." (Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247, 259, as cited in Mountain Lion Foundation v. Fish Game Com (1997) 16 Cal.4th 105, 112.)
CEQA does not apply only if "it can be seen with certainty" that a project will not have a significant effect on the environment. (Guidelines, § 15061, subd. (b)(3). A "[s]ignificant effect on the environment" is a substantial or potentially substantial, adverse change in the environment. (§ 21068.) "Environment" is defined as the "physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and objects of historic or aesthetic significance." (§ 21060.5.)” (Mountain Lion Foundation v.

Fish Game Com (1997) 16 Cal.4th 105, 113.

Only those projects having no significant effect on the environment are categorically exempt from CEQA review. (Pub. Resources Code, §§ 21080, subd. (b)(9), 21084, subd. (a).) If a project may have a significant effect on the environment, CEQA review must occur and only then are mitigation measures relevant. (Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Cal.App.4th 1165, 1199-1200. Mitigation measures may support a negative declaration but not a categorical exemption. Salmon Pro. Watershed Net. v. County of Marin (2004) 125 Cal.App.4th 1098, 1101.
(B.) Water Audit objects to the Agreement to the extent that the water proposed to be sold is required by the public trust and Fish and Game section 5937 to be bypassed to keep fish downstream in good condition. Water Audit has no objection to the sale of surplus water.

The City of St Helena (CSH) is in violation of its duty to first determine and then to provide the amount of bypass from the Lower York Reservoir sufficient to keep fish in the downstream reach in good condition. Fish and Game Code section 5937 states in pertinent part:

The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to Agenda Item #9.8.

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WATER AUDIT CALIFORNIA
A California Public Benefit Corporation
952 School Street, #316
Napa, CA 94559
Voice: (707) 681-5111
Email: [email protected]
pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.

There is a full record of fish in the downstream reach below Lower York Reservoir, and of federally protected fish in the watercourse that could be unlawfully killed by allowing York Creek to dry. We urge the Agreement be delayed or amended to allow for the determination and provision of sufficient bypass. Water Audit does not object to the sale of surplus water after addressing the need of the public trust.
(1.)The Napa River and York Creek
The Napa River is a keystone watershed for native fishes and other aquatic animals.

Historically and presently, the Napa River supports the greatest steelhead spawning runs of any tributary to the San Francisco Bay estuary. Chinook salmon have recently returned to the watershed, and native fishes such as Pacific, western river, and brook lamprey, hitch, and Sacramento splittail are also present. Other special status aquatic animals relying on surface water resources in Napa County are California freshwater shrimp, California giant salamander, foothill yellow-legged frog, and northwestern pond turtle.

Federally designated critical steelhead habitat1 includes all of the Napa River reaches and estuarine areas accessible to steelhead2. York Creek is a tributary to of the Napa River, and is included in four of the identified salmonid habitats within the jurisdiction of the City of St.

Helena (“CSH”) (habitats are Bell Canyon, York, and Sulphur creeks, and their tributaries, and the proximate reach of the Napa River). The occurrence of steelhead trout (Oncorhynchus mykiss or O.mykiss) is well documented in York Creek (Napa RCD 2005). York Creek steelhead belong to the Central California Coast Distinct Population Segment and were federally listed as threatened in 1997 (Stillwater 2018). The Napa River watershed is considered one of the most significant anadromous fish streams within San Francisco Bay, and York Creek contains some of the highest quality steelhead habitat in the Napa River watershed (Napa RCD 2005).

O.mykiss exhibit anadromous and resident life history strategies. Steelhead is the term for the anadromous life history, and rainbow trout is the term for the resident life history.

Evidence suggests that the two forms are capable of interbreeding, and that either can produce offspring that exhibit the alternate form. Both life history forms are present in York Creek. (Napa RCD, Upper York Creek Ecosystem Restoration Project 2020-21 Annual Monitoring Report, p.

2.) Under the Federal Endangered Species Act (“ESA”), steelhead found in the Napa River watershed belong to the Central California Coast evolutionarily significant unit (“ESU”). This steelhead population is reproductively isolated from other populations, represents an important component of the evolutionary legacy of the species, and has broad protections under both state and federal law.
1 Critical habitat: Identifies specific areas occupied by threatened or endangered species at the time of their listing that contain physical or biological features essential to conservation of the species and that may require special management considerations or protection. 2 Napa River Basin Limiting Factors Analysis, Final Technical Report (2002) https://www.waterboards.ca.gov/waterrights/water_issues/programs/bay_delta/wq_control_plans/199 5wqcp/exhibits/doi/doi-exh-45n.pdf
Agenda Item #9.8.

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WATER AUDIT CALIFORNIA
A California Public Benefit Corporation
952 School Street, #316
Napa, CA 94559
Voice: (707) 681-5111
Email: [email protected]
(2.)Lower York Reservoir
In November 2016, after unproductive discussions, Water Audit California (“Water Audit”) gave CSH notice of its intention to sue regarding the York Dam, an obsolete 19th century earthen structure that had been without beneficial use for several decades. For more than a decade, CSH paid NOAA Fisheries a $70/day fine for its failure to remove the dam. A pre-litigation settlement was made with Water Audit wherein CSH committed to removing the dam by the end of 2018. CSH did not perform.

In January 2019, Water Audit gave a renewed notice of intent to sue and, in response, CSH finally contracted for removal of the structure. The dam was removed in 20203, opening several miles of prime fish spawning grounds.

CSH owns and operates Lower York Reservoir (“LYR”)4 that impounds runoff from the adjacent watershed and impairs the natural flow of water into lower York Creek down to the confluence with the Napa River. As stated, both York Creek and the Napa River downstream of the confluence are known to have populations of protected and unprotected fishes, including steelhead trout.

Since the multi-million-dollar removal of York Dam in 2020 to improve steelhead passage and to improve the aquatic and riparian habitat of York Creek, it continues to be critically important to maintain stream flows to effectuate remediation and restoration. (3.)Public Trust Doctrine
A public trust trustee "may not approve of destructive activities without giving due regard to the preservation of those [public trust] resources." (Center for Biological Diversity, Inc. v. FPL Group, Inc. (2008) 166 Cal.App.4th 1349, 1370, fn. 19, 83 Cal.Rptr.3d 588.) [Emphasis added]
In this case, the beneficiaries of the public trust are the people of California, and it is to them that the trustee owes fiduciary duties. As CSH is a legal subdivision of the state, it must deal with the trust property for the beneficiary’s benefit. No trustee can properly act for only some of the beneficiaries – for example the the trustee must represent them all, taking into account any differing interests of the beneficiaries, or the trustee cannot properly represent any of them. (Bowles v. Superior Court (1955) 44 C2d 574.) This principle is in accord with the equal protection provisions of the Fourteenth Amendment to the US Constitution.

Furthermore, there can be no vested rights in water use that harm the public trust. Pre1914 water rights holders are not exempt from the public trust doctrine, manifested in Fish and Game Code Section 5937. See for example Water Audit California v. Department of State Hospitals Napa Superior Court Case No. 34-2018-80002810). A copy of the Napa Register story on settlement of this action is attached.
3 Small Dam, Big Deal: York Dam Removed in Napa Valley. UC Davis California Water Blog (11-08- 2020) https://californiawaterblog.com/2020/11/08/small-dam-big-deal-york-dam-removed-in-napavalley/ 4 The City fails to bypass sufficient water to keep fish downstream in good condition of the dams, in violation of Fish and Game Code, Section 5937.

Agenda Item #9.8.

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WATER AUDIT CALIFORNIA
A California Public Benefit Corporation
952 School Street, #316
Napa, CA 94559
Voice: (707) 681-5111
Email: [email protected]
Regardless of the nature of the water right in question, no water user in the State "owns" any water. Instead, a water right grants the holder thereof only the right to use water, a "usufructuary right". The owner of "legal title" to all water is the State in its capacity as a trustee for the benefit of the public. Both riparian and appropriative rights are usufructuary only and confer no right of private ownership in the watercourse, which belongs to the State. (People v.

Shirokow (1980) 26 Cal.3d 301 at 307.)
The public trust doctrine requires the State (ie. CSH), as a trustee, to manage water so as to derive the maximum benefit for its citizenry. The benefits to be considered and balanced include economic, recreational, aesthetic and environmental, and if at any time the trustee determines that a use of water other than the then current use would better serve the public trust, the State has the power and the obligation to reallocate that water in accordance with the public's interest. Even if the water at issue has been put to beneficial use (and relied upon) for decades, it can be taken from one user in favor of another need or use. The public trust doctrine therefore means that no water rights in California are "vested" in the traditional sense of property rights.
(4.) Fish and Game Code, Section 5937
Fish and Game Code, Section 5937 provides, in relevant part: “The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.”
Section 5937 is a legislative expression of the public trust. (California Trout, Inc. v. State Water Resources Control Bd. (1989) 207 Cal.App.3d 585, 592, 630-631.) CHS is in violation of Fish and Game Code, Section 5937, as the statute requires that every dam without a fish ladder or offsetting hatchery must bypass sufficient water to keep fish downstream in good condition. The CSH has failed to determine the amount of water that would be sufficient and has failed to provide such water.

Respectfully,
William McKinnon
General Counsel
Water Audit California
Cc:

Ethan Walsh <[email protected]>
cityclerk <[email protected]>
Agenda Item #9.8.

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1 Cindy Tzafopoulos
From: Alan Galbraith <[email protected]>
Sent: Monday, May 22, 2023 8:45 PM
To: Cindy Tzafopoulos
Subject: [External] Public Comment, Consent Agenda Item 9.8 (May 22, 2023) My comment addresses the comment of Water Audit California. Its sole purpose is to correct the historical record. Specifically, Water Audit California had nothing — and I mean nothing — to do with the City’s decision to remove Upper York Creek Dam nor the timing of its removal.

Alan Galbraith
St. Helena Mayor, 2014‐18.

Sent from my iPad
Agenda Item #9.8.

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed authorization of a letter of support urging immediate action on gun safety legislation CEQA
Determination:

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

BACKGROUND
Pursuant to City Council Goal #5 - Quality of Life and workplan number 5.120 - Provide Gun Safety Outreach and Education to the Community and consistent with City Council's desire to see a decrease in violence involving guns, with the attached letter of support, the City Council is urging to the United States Congress to take immediate action on gun safety legislation.

RECOMMENDED ACTION
Authorization of the attached letter of support urging immediate action on gun safety legislation.

ATTACHMENTS
Open Letter to the United States Congress Urging Immediate Action on Gun Safety Legislation
Agenda Item #9.9.

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May 23, 2023
An Open Letter to the United States Congress Urging Immediate Action on Gun Safety Legislation
Dear Members of the U.S. House of Representatives and the U.S. Senate:

We have experienced enough senseless acts of violence involving guns and implore you to take meaningful action on gun safety legislation. We have had more mass shootings this year than days of the year. We are averaging 1.5 mass shootings a day.

Gun violence is the leading cause of death for children. Every day 30 people are killed by someone using a gun. When you include suicides and accidental deaths, the number is over 100 people a day.

Gun violence is destroying families, causing extreme trauma to our children, and costing the American people 280 billion dollars a year. Our police officers are working to protect us each and every day, but they are being confronted increasingly by individuals who should not possess guns, yet have easy access to them.

The May 6 Allen, TX mall shooting massacre took 9 more lives. The March 27 shooting that took the lives of three nine-year-old children and three adults in a Nashville elementary school was equally horrific. It was the third school shooting in seven days, following shooting incidents in Arlington (TX) and Denver. There have been hundreds of mass shootings over the last year, including those in Louisville, at Michigan State, and in Half Moon Bay, Monterey Park, Uvalde, Highland Park, Buffalo, and many other cities.

Too many times, following each mass shooting, we all have expressed shock, grief, and dismay. More of us are now having to cope with the ongoing trauma and fear stemming from the threat of gun violence -- and even the active shooter drills and lockdowns in response to the threats are traumatizing our children, our educators and our workers.

Under these circumstances we have no choice but to call for sensible gun laws to protect the public from the carnage and the trauma. We urge our House Leaders to pass H.R.698, the Assault Weapons Ban of 2023 and our Senate Leaders to pass bipartisan gun safety legislation which has already been passed in the House: S.736, S.529, the Background Check Expansion Act and an Assault Weapons Ban.

On behalf of the thousands of citizens we represent, we implore you to immediately pass and send to the President legislation to ban assault weapons and large capacity magazines and to strengthen the background check system: These bills could have prevented what happened in Louisville and Nashville and so many other cities, and they could help prevent similar incidents from occurring in the future.

How many children must die, how many adults must die before our nation takes action to reduce gun violence? We can do more to protect our citizens from this senseless Agenda Item #9.9.

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slaughter, and we must do more. Mayors, City Councilmembers, police chiefs, School Board Trustees, local government staff and community-based gun violence prevention groups are doing everything they can to prevent and reduce gun violence in their cities.

However, these local ordinances are often preempted by state legislatures. The time for Congress to act is now. Our children deserve better.

Sincerely,
St. Helena City Council
Paul Dohring, Mayor
Eric Hall, Vice Mayor
Anna Chouteau, Council Member
Lester Hardy, Council Member
Billy Summers, Council Member
Agenda Item #9.9.

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Report to the City Council
Regular City Council - 23 May 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a Resolution: (1) approving Revision No. 4 to City Council Policy P-FI-0016 Financial Policy and (2) repealing and rescinding any
previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 4
CEQA
Determination:

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

BACKGROUND
On November 27, 2018 City Council adopted Financial Policy P-FI-0016 which provides a structured, central repository for a variety of fiscal policies which include: General Financial Principals, Annual Operating Budget Policy, Capital Improvement Program, Revenues, Expenditures, Cash Management, Debt Management, Fund Definitions and Classifications, fund Balance Levels, Financial Reporting, and Review and Update requirements.

On February 12, 2019, City Council approved Revision No. 1 to the Policy, on September 10, 2019, City Council approved Revision No. 2, and on June 22, 2022, City Council approved Revision No. 3.

Updates to this policy requires City Council approval.

DISCUSSION
On June 22, 2022, City Council approved Revision No. 3 to Financial Policy P-FI-0016.

At that meeting it was recognized there were other financial policy revision considerations Agenda Item #9.10.

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expressed by Council which were not included in Revision No. 3 but would be brought back to Council at a later time for consideration and approval. Identified policies for further research and recommendations included: switching to a bi-annual budget, General Fund reserve levels, use of one-time revenues, use of fund balance in excess of established reserve levels, Capital Facilities and Improvement Policies, and Capital Improvement Program (CIP) policies. Each recommendation is explained in greater detail below.

Biennial Budget Cycle
At the conclusion of the FY 2023 budget adoption, staff presented the concept of a biennial budget cycle. Biennial budgeting is the practice of preparing and adopting budgets for two-year periods. The central rational for biennial budgeting is that it would improve the efficiency of the budget process. Frustration with the current process is high:
it is time-consuming, target dates are often missed, and repetitive decisions are made.

The solution to these problems is to prepare one budget instead of two over a two-year period. Having fewer budgets could reduce the delay and repetition that plague the current budget process, and could free time for other pressing financial issues.

Most governments who have enacted a biennial budget cycle pass two-year spending plans but continue to appropriate funds on an annual basis (a "rolling" biennial budget).

While the proposed biennial budget would approve funds for two years, staff will provide financial reports every six months through mid-year budget reports and a mid-cycle report to update revenues and expenses as necessary. Additionally, the Annual Comprehensive Financial Reports (ACFR) will be completed on an annual basis.

Staff recommends transitioning to a biennial budget cycle as noted in Section III.B.1.a.

These provisions and will later be updated in the City's Municipal Code for consistency.

Section III.M.3. has been updated to reflect semi-annual and mid-cycle reporting.

General Fund Reserve Levels
The City's fiscal goal is to maintain annual expenditure increases at a sustainable growth rate, and to limit expenditures to anticipated revenues in order to maintain a balance budget. The Council's directed target is to maintain a balanced budget. The Council's directed target is to maintain an unassigned fund balance of 30% of annual operating expenditures. Staff recommends the following:

1. Maintaining the 30% reserve level

2. Section III.J.1.a - Add language that defines how the reserve level is computed

3. Section III.J.1.b. - Add language addressing use of unassigned fund balance, below the City's policy level, including a solid plan to replenish it.

Use of One-time Revenues
Use of one-time revenues for ongoing expenditures is discouraged. Unpredictable revenues, such as Excess ERAF, are budgeted conservatively and any amount collected in excess of the budget is generally carried forward in the fund balance.

Agenda Item #9.10.

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Staff recommends this language be added as Section III.D.4. to the financial policy.

Use of Fund Balance in Excess of Established Reserve Levels In some cases, governments can find themselves in a position with an amount of unrestricted fund balance in the general fund over their formal policy reserve requirement even after taking into account potential financial risks in the foreseeable future. Amounts over the formal policy may reflect a structural trend, in which case governments should consider a policy as to how this would be addressed. It is recommended use of those funds (in excess) should be prohibited as a funding source for ongoing recurring expenditures.

Recognizing there are instances where the City does experience fund balance levels above the 30% target, staff recommends the City Council adopt a policy which directs the use of these funds. It is recommended any unbudgeted year-end fund balance be used for nonrecurring expenditures and only after the annual audit and confirmation of the General Funds' fund balance.

Staff recommends language be added as Section III.J.6.

Reserve Funds and Capital Facilities and Improvement Policies The current fiscal policy includes setting aside funds for the following:
• Buildings, Facilities, and Infrastructure
• Equipment, Technology, & Vehicle Replacement Reserve
• Other Benefit Reserves
While the policy specifically mentions these three areas, funds have only been set aside in two of the three areas. It is staff's recommendation to add a new section in the Financial Policy specifically for Reserve Funds - Section III.K. This section will provide additional clarification in each of the three sections referenced above which can be incorporated into future budgets. While it may not be included in the FY 2024 budget presented, staff is making an additional recommendation that the use of FY 2022 fund balance in excess of the targeted 30% be used to set aside funding as appropriate and recommended by the City Manager. This will be done via resolution at a later time.

It should also be noted the Capital Reserve Fund (formally buildings, facilities, and infrastructure) will take some time to build up to appropriate levels due to the significance of this deficit.

Staff recommends adding Reserve Funds as Section III.K. to the attached policy.

Capital Improvement Program Policies
As the City is committed to its Capital Improvement Programs, additional language has been added to Section III.C. to reflect the following:

Agenda Item #9.10.

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• Section III.C.1. - Clarifying the annual process authorizes spending for the upcoming fiscal year
• Section III.C.2. - Adding specific language to what descriptors are to be included in the 5-year CIP list
• Section III.C.3. - Adding language that cost and project estimates will be updated and presented to the City Council every six months
• Section III.C.4. - Adding language to include a review/revision of the 30-year CIP list
Staff is recommending Council adopt Revision No. 4 to the City's current Financial Policy as noted above and in Attachment 1 (redlined version) and Attachment 2 (clean version).

FISCAL IMPACT
None

RECOMMENDED ACTION
Staff recommends City Council adopt the attached Resolution.

ATTACHMENTS
Attachment 1 - P-FI-0016 Financial Policy Revision #4 redline Attachment 2 - P-FI-0016 Financial Policy Revision #4 clean Attachment 3 - Resolution Amendment No. 4 to P-FI-0016 Financial Policy Agenda Item #9.10.

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Policy
Financial Policy
City of St. Helena
Administrative City Council Policy
Finance

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P-FI-0016
Policy # P-FI-0016
Revision # Revision #34
Implementation Date 2018-11-28
Title:

Financial Policy
Last Update Date 2022-06-28
Approval by City Council June 28, 2022May 23, 2023 Date Approved 2022-06-282023-06-23 I. Purpose, Overview and Scope of this Policy
This document establishes policies of overall financial management, budget development, and fiscal administration for the City of St. Helena. Included herein are statements and principles designed to guide the City in maintaining its financial stability and delivering high-quality services to the public.

Formally adopted financial policies assist elected officials and City staff in the development of fiscal management practices, save time, and provide structure for financial decisions, promote public confidence, enhance transparency, and provide continuity over time. These policies will be updated periodically, but are designed with a long-term perspective and provide the basic framework and road map for addressing a wide variety of financial and economic conditions that the City will encounter. A fiscal policy supports long-term planning and enhances the City’s effectiveness in implementing long-term strategies to deliver efficient public services.

This document provides a structured, central repository for a variety of fiscal policies which are organized into the following categories:

A. General Financial Principles
B. Annual Operating Budget Policy
C. Capital Improvement Program
D. Revenues
E. Expenditures
F. Cash Management
G. Debt Management
H. Fund Definitions
I. Fund Balance Classifications
J. Fund Balance Levels
J.K. Reserve Funds
K.L.Financial Reporting
L.M. Review and Update
II. Authority
Updates to this policy require City Council approval.

Agenda Item #9.10.

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Policy
Financial Policy
City of St. Helena
Administrative City Council Policy
Finance

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P-FI-0016
III. Policy
A. General Financial Principles
It is the overall policy of the City of St. Helena to build upon a sound conceptual framework to:

1. Manage its financial resources in a responsible and prudent manner.

2. Provide financial information in a relevant, thorough and timely manner, and in a format that effectively communicates financial status to the Council, citizens, and City employees.

3. Establish and maintain prudent fund balance levels.

4. Maintain financial reporting in compliance with current governmental accounting standards.

5. Promote and implement a relevant and strong system of internal financial controls to manage significant risks and monitor the reliability and integrity of financial and operating reporting.

6. Promote constructive and proactive financial decision making that includes, and is responsive to, citizens input and guidance.

7. Integrate long-term operating and capital resources planning into the annual budget process.

8. Allow for uncertainties and maintain a posture of financial flexibility.

9. Develop programs in a manner that support the City’s long-term ability to cover costs and provide the level and quality of service expected by its citizens.

10. Manage debt responsibly.

11. Establish and implement investment policies in accordance with City code and State law.

B. Annual Operating Budget Policy

1. Adoption of Annual Operating Budget
a. In accordance with the St. Helena Municipal Code the operating budget is prepared on a biennial budget cycle which passes a two-year spending plan but continues to appropriate funds on an annual basis (a “rolling” biennial budget). Within this budget, City Council approves funds for two years with staff providing City Council mid-year budget reports and a mid-cycle report to update revenues and expenses as necessary.
a. Per Municipal Code 2.12.060.B.9, the City Manager supervises the preparation of a detailed, proposed municipal budget and submit the same to the Council on or before May 15th of each year, and to offer their recommendations as to such increases, decreases, cancellations, transfers, or changes in any of the items included in the proposed Agenda Item #9.10.

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Policy
Financial Policy
City of St. Helena
Administrative City Council Policy
Finance

Page 3 of 24 ends

P-FI-0016
budget as in their judgment should be made before the adoption of the budget.
b. An The a biennial nnual operating budget will be adopted by the City Council no later than June 30th of each fiscal budget year. The budget will include appropriations that provide expenditure authority to public officials responsible for operating their respective departments to fulfill obligations to provide public services as delegated by the City Council.
c. Funds may not be expended for a new fiscal year until the budget for that fiscal year has been adopted by City Council or special provisions have been adopted by the City Council.
d. The budget presented must be balanced, which is when total projected expenditures do not exceed total estimated revenues. If projected expenditures exceed total estimated revenues, , City Council may approve a planned use of accumulated fund balances in prior years for inclusion in the budget.
e. The City should maintain a multi-yearA 10-year financial Financial forecast Forecast (Long Range Financial Forecast) shall be prepared annually projecting revenues and expenditures for the General Fund.

This forecast shall be used as a planning tool in developing the operating budget.that is updated as part of the annual budget development process. .
f.e. One-time revenue sources are not to be relied upon to fund ongoing operations.

2. Controlling and Adjusting the Annual Biennial Budget a. The City structures and controls its budget by use of the following funds:
i. General Fund - is the primary operating fund of the City. It accounts for the receipt of property tax, general sales tax, transient occupancy tax, and other general revenues available to finance City operations. The General Fund accounts for all revenues and expenditures that do not fit the criteria to be accounted for in other funds with external restrictions imposed by their respective financing sources.
ii. Special Funds - account for resources externally restricted for use by their respective funding sources, such as grant programs financed by the State and Federal governments.
iii. Enterprise Funds - account for water and wastewater systems, and may be used for fee-based programs if the intention is to recoup almost all City costs through fees or other charges.

Agenda Item #9.10.

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Policy
Financial Policy
City of St. Helena
Administrative City Council Policy
Finance

Page 4 of 24 ends

P-FI-0016
iv. Internal Service Funds - account for centralized service costs (such as vehicle services made available to all operating departments). Charges from the internal service funds appear as an expenditure in the user department, and as revenue in the central service department.
b. The City’s budget is controlled at the fund level by the City Council. i. The City Council, as representatives of the public, is the sole authority for creating or increasing expenditure appropriations within a fund. The City Council is also the exclusive authority for approving changes in revenue estimates with funds.
c. Department Directors will be held directly responsible and accountable for their budgets as originally adopted by the City Council or as thereafter revised in accordance with this policy. The level of expenditure control for departments is at the departmental level. d. Departments that operate programs among different funds are limited to the appropriation levels within any one fund. This policy also describes the level of authority needed to amend the adopted budget.

3. Transfers and revisions to the adopted budget:
a. The City Council approves:
i. All increases in appropriations within a fund.
ii. All transfers of appropriations between funds.
iii. All decreases in appropriations, with the exception that the City Manager may direct Department Directors to suspend
expenditures pending Council consideration of decreases in appropriations needed to respond to fiscal emergency.
b. The City Manager approves:
i. The City Manager may make budget transfers between
departments or programs as long as those changes do not increase overall appropriations within any one given fund.

Transfers between funds, overall increases in fund
appropriations, and overall increases in project budgets can only be made through City Council action.
c. Department Directors may authorize the transfer of appropriations within a department, except transfers: (1) that would purport an increase in the number of regular personnel, and (2) that would decrease appropriations for capital outlay.
d. Finance Department:
i. The Finance Department is responsible for providing forms and instructions for requesting appropriation adjustments, and for analyzing and recommending adjustments to the City Manager.

Agenda Item #9.10.

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Policy
Financial Policy
City of St. Helena
Administrative City Council Policy
Finance

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P-FI-0016
The Finance Department will record approved budgets and adjustments into the City’s financial system.
ii. The Finance Department will ensure that the City’s Annual Comprehensive Financial Report (ACFR) includes a comparison of actual expenditures against the final budget, as amended and adjusted under the authorities of this policy.

4. Operating expenditure appropriations not spent during the fiscal year lapse at year-end, except for:
a. Encumbrances or commitments, as in the form of finalized purchase orders made during the fiscal year that have not been completed at year-end.
b. Appropriations for capital improvement projects and ongoing grants with a life-cycle beyond one year.

5. Governmental funds use the modified accrual basis of accounting while proprietary and fiduciary fund types are budgeted on a full accrual basis of accounting. The ACFR presents City’s finances on a Generally Accepted Accounting Principles (GAAP) basis and the City’s budget is prepared in conformance with these standards.

6. The City’s budget must comply with the annual determination of the City’s appropriations limit (GANN Limit) calculated in accordance with Article XIIB of the Constitution of the State of California and the City shall adopt an annual resolution to this effect.

C. Capital Improvement Program

1. The City will develop and maintain a comprehensive capital improvement project list. As part of the list, the City will develop and maintain a five-year Capital Improvement Program (CIP) to be updated annually for authorization to spend in the upcoming fiscal year. in conjunction with the operating budget. The CIP should reflect the current and changing needs of the community as well as enhance the community’s quality of life. a. Note: The five-year CIP is not a budget commitment, and its acceptance by City Council does not provide officials the authority to spend. The plan is an expression of recognized needs, and a tool for use in budgeting.

2. All projects within the CIP are to be tracked systematically and reports should clearly indicate funding provided, expenditures incurred, and required future funding by project. Each project on the 5-year CIP list should include the following:
a. Name of project
b. Brief description of project
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c. Project Phases (e.g. design, construction, construction management, etc.)
d. CIP Category (Civic, Streets, Stormwater, Water, Wastewater) e. CIP Number
f. Annual cost estimates
g. Source of funds
h. Unfunded CIP needs

3. CIP cost and project estimates should be updated and presented to the City Council every six months. Estimated annual costs over the lifetime of each project on the list will be refreshed every six months with this data being used as part of the Long-Range Financial Forecast.

2.4. In addition to the 5-year CIP list, the City will maintain a 30-year project list to better plan for long-term capital needs. This list will be updated on a biennial basis during odd years (opposite of the biennial budget cycle).

This update will account for change in priorities based upon regulatory compliance, infrastructure needs, funding availability, and cost estimates.

Updated costs over the lifetime of each project will be used as part of the Long-Range Financial Forecast.

3.5. Capital improvements that specifically benefit a select group of users and/or are fee-for-service based are to be financed/funded through user fees, service charges, special assessments and taxes, or development impact fees.

4.6. Funding and Financing
a. Funding refers to the stream of public agency revenue that pays for or offsets the cost of an asset or service or supports repayment of debt that finances the asset.
b. Financing refers to the method of paying for an asset or service, including debt financing.

5.7. A Capital improvement budget should systematically identify potential funding sources and financing options and match those resources to the capital needs identified in the Capital Improvement Program. It should also identify which capital needs the agency will fund, when it will fund them, and from what resource.

6.8. Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Water/Wastewater) are to be financed/funded through the service fees generated within that operation and fund, except in the event the voters of the City approve taxes or assessments for the purpose of financing and/or funding such capital improvements, in which case revenues from the voter approved taxes or assessments may also be used to finance and/or fund those capital improvements. Fees charged for enterprise operations should be supported by periodic updates to the rate study Agenda Item #9.10.

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prepared for those fees in accordance the California Constitution and all applicable laws.
a. Notwithstanding the above paragraph, the city recognizes there may be emergency situations where enterprise operation capital improvements may need additional funding outside of the service fee structure, which may include direct borrowing and issuance of revenue bonds, and outside voter authorized initiatives. For the completion of critical enterprise capital projects, City Council may authorize use of General Fund unassigned fund balance (See Section III.C.7) in the following situations:
i. Life and safety emergencies
ii. Project completion is required (via mandate, cease and desist order, etc) and the current rate structure does not support the full cost to complete project.

7.9. The following shall be taken into consideration when using General Fund unassigned fund balance that specifically benefits a fee-for-service enterprise operation (as noted in Section III.C.6.):
a. The City Council shall find that an emergency or extraordinary need exists to justify the use of these funds. Funds shall be appropriated only after the City Manager and Administrative Services Director have prepared and presented to the City Council an analysis of the emergency or extraordinary need that addressed the nature of the proposed expenditure(s) and any associated revenue requirements in subsequent years.
b. Use of fund balance does not cause the General Fund to fall below the reserve level identified in Section III.J.1.
i. If situation arises where reserve level may/will fall below the level identified in Section III.J.1., the City Manager and Administrative Services Director shall provide a funding plan to the City Council, including proposed source(s) of funding and a timeline to bring the balance of the General Fund reserve to the level identified in Section III.J.1.
c. Although use of unassigned General Fund monies are considered unrestricted and may be used for any municipal purpose, the use of unassigned fund balance to an enterprise fund will normally be considered an interfund loan (see Section III.LK) unless Council otherwise finds and documents an exigent need.

8.10. Transfers of resources to the CIP fund will be evaluated on an annual basis dependent upon the existence of available surplus dollars.

Agenda Item #9.10.

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9.11. The City should strive to maximize the use of capital grants and State assistance in funding capital improvements before utilizing general revenue sources.

10.12. Funding Capital Improvements
The CIP uses a variety of funding sources to support projects. This section outlines some of the more common municipal funding sources used for funding capital improvements.
a. Pay-as-you Go (Cash or Pay-Go)
Debt financing is not always the most cost-effective way to purchase assets. Many times, the costs of interest and financing outweigh the costs of paying with cash, if that is an option. Pay-GO avoids these additional costs, but the agency must pay the full cost of the asset at the outset. Improvements typically made through the Pay-Go program tend to be smaller in scale and/or short-term improvements.

Additionally Pay-Go can be used to provide an additional funding source and offset long-term borrowing and used in conjunction with borrowing.
b. Long-Term Financing Methods
i. General Obligation Bonds (GO Bond)
• Permissible Projects – Acquisition and improvement
of public property and facilities.
• Approval Procedure – Issuer resolution and
ordinance; two-thirds voter approval.
• Source of Repayment – Ad Valorem property taxes
paid by owners of taxable property in the jurisdiction. ii. Special Assessment Bonds
• Permissible Projects – Acquisition of property and
improvement of infrastructure and additional
facilities of benefit to the property that is charged.
• Approval Procedure – Engineers report, weighted
majority protect procedure.
• Source of Repayment – Assessments on the
property/fees limited special benefit to the property
that is being charged.
iii. Special Tax (e.g. Mello-Roos) Bonds
• Permissible Projects – Acquisition and improvement
of public property and facilities.
• Approval Procedure – Two-thirds voter approval or –
where there are fewer than 12 registered voters – by
landowners in the proportion to land owned within
the Community Facilities District.

Agenda Item #9.10.

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• Source of Repayment – Special tax on property within
community facilities district.
iv. Certificates of Participation
• Permissible Projects – Unrestricted use.
• Approval Procedure – Resolution of governing board
approving lease or installment agreement.
• Source of Repayment – Lease or installment sale
agreement paid from General Fund (lease) or
special/enterprise (installment sale) revenues.
v. Revenue Bonds
• Permissible Projects – Acquisition and improvement
of revenue-producing public property and facilities.
• Approval Procedure – Issuer resolution and in some
instances public vote.
• Source of Repayment – Service charges and other
fees paid by users of project or services.
vi. Mark-Roos JPA Bonds
• Permissible Projects – Acquisition and improvement
of public property, facilities, and/or equipment.
• Approval Procedure – Resolution of governing boards
of JPA and participating entities.
• Source of Repayment – Taxes, user fees, lease or
installment payments, from local agencies to JPA.
c. Development Impact Fees
Development Impact Fees are collected to mitigate the impact of new development in the community. The amount of the impact fee collected is based on a portion of the financing needed for identified public facilities. Property being developed is assessed the fee(s) at the time the building permit is issued.
d. Donations and Developer Funding
Projects may be funded by contributions and/or donations from private sources such as residents, developers, private organizations, and businesses. Contributions by developers and vendors may be reimbursed with City funds in future years through mechanisms such as a development agreement.
e. Enterprise Funds
Enterprise Funds account for specific services that are funded directly by fees and charges to users. These funds are intended to be fully self-supporting and are not typically subsidized by any general revenue or taxes. Within each Enterprise Fund, budgets are developed which are sufficient to fund current year operations and Agenda Item #9.10.

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maintenance expense, as well as provide for current and future years’ upgrade, replacement, and expansion-related capital construction requirements.
f. Grants
Some projects are entirely or partially funded by grants and reimbursements from the State and federal government and other agencies. The receipts of certain grants and reimbursements typically follow the award of contracts.

D. Revenues

1. The City will strive to maintain a diversified and stable revenue base to minimize the impact of economic fluctuation.

2. The City will seek out, apply for, and effectively administer Federal, State, and other grants that address the City’s current operating and capital priorities in accordance with P-FI-0007 – Grant Application and Management Policy.

3. The City will pursue revenue collection and auditing to assure that funds due to the City are accurately received in a timely manner.

3.4. Use of one-time revenues for ongoing expenditures is discouraged.

Unpredictable revenues, such as excess ERAF, are budgeted conservatively and any amount collected in excess of the budget is generally carried forward in the fund balance.

4.5. The City will seek reimbursement for State mandated costs whenever possible.

5.6. The City will adopt user fees with appropriate levels of cost recovery.

6.7. User fee studies should be performed and updated every five years to ensure the proper balance of costs and service charges. The City should strive to cover the full cost of providing non-tax and discretionary fee-based service operations except to the extent that City Council approves defined subsidy levels by program area.

7.8. Operating departments are to review public services to identify and determine those appropriate for fee collection. Recommendations for new fees are to be presented to the City Council for adoption to ensure fees reflect all direct and reasonable indirect costs of providing such services.

8.9. Enterprise operations, in general, are intended to be self-supporting.

E. Expenditures

1. Expenditures are to be budgeted and controlled so as to not exceed estimated revenues plus the approved and planned use of fund balances accumulated in prior years.

Agenda Item #9.10.

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St. Helena City CouncilMay 23, 2023

St. Helena City Council
May 23, 2023