St. Helena City Council
June 27, 2023

City of St. Helena
Regular City Council Meeting
Tuesday, June 27, 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

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. Project Update: Vine Trail St. Helena to Calistoga by Grant Bailey, P.E./Program Manager - Engineer
Presentation
9 - 18

8. STAFF BRIEFING

8.1. Presentation on approach for Citywide Vegetation Management Prepared By: Clayton Church, Public Works Operations Manager Recommendation:

No action required. Informational purposes only.

Presentation
19 - 32

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

9.1. Consideration and proposed approval for out-of-state travel for Lieutenant Justin Tharp to attend the Federal Bureau of Investigation's National Academy, Session #287, (Also known as FBI National Academy) located in Quantico Virginia, July 08, 2023 through September 14, 2023 and approval of out-of-state travel to Quantico Virginia, for the Police Chief to attend the graduation on September 14, 2023.

CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:

Approval this resolution for out-of-state travel for Lieutenant Tharp's training and the Chief of Police's attendance at graduation.

Staff Report - Pdf
33 - 36

9.2. Consideration of Resolution rescinding Resolution 2022-89 and changing parking designation on the east shoulder of College Avenue from "No Parking" to "Police Parking Only" (parking prohibitions).

CEQA Determination: Not a CEQA project
Prepared By: Justin Tharp, Lieutenant
Recommendation:

Approve the attached resolution.
37 - 63

Staff Report - Pdf

9.3. Consideration of a Resolution to set a Public Hearing for 6:00 p.m., Tuesday, August 8th, 2023, to consider objections to the proposed annexation of the properties known as 2175 Palmer Drive, St Helena, CA (APN 009-690-014), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 142; 2125 Palmer Drive, St. Helena, CA (APN 009-690-015), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 143; 1460 Grayson Avenue, St. Helena, CA (APN 009- 340-004), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 143; 1644 Grayson Avenue, St. Helena, CA (APN 009-280-024), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 144.

CEQA Determination: Not a CEQA project
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Staff request City Council to adopt a resolution to consider the applicants request and order a public hearing to be scheduled for August 8, 2023.

Staff Report - Pdf
Public Comment.Doug and Annette Shafer
Public Comment.Sharon Crull
65 - 75

9.4. Consideration and Proposed Approval of a Resolution Extending the Waiving of Sign Fees for Businesses
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:

Staff recommends the City Council approve the attached resolution.

Staff Report - Pdf
77 - 80

9.5. Consideration and Proposed Approval of a Resolution Approving a oneyear agreement with MarinIT to Provide Informational Technology Services for an Amount not-to-exceed $299,006 for FY 2023-24.

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

Staff recommends City Council approve the attached Resolution.

Staff Report - Pdf
81 - 118

9.6. Consideration and Proposed Approval of a Resolution (1) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Professional Firefighters Association (SHPFA) for a Threeyear Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters Member Classifications.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director 119 - 160

Recommendation:

Approval of a Resolution (1) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Professional Firefighters Association (SHPFA) for a Three-year Contract Commencing on July 1, 2022 and expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters Member Classifications.

Staff Report - Pdf

9.7. May 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
161 - 166

9.8. Approval of a Resolution confirming the St. Helena Police Department Chief of Police as the designated staff member to make the determination for persons/premises applying for an Alcoholic Beverage Control (ABC) licenses.

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

Adopt the attached Resolution designating the St. Helena Chief of Police to make the determination for persons/premises applying for an ABC license.

Staff Report - Pdf
167 - 174

9.9. Consideration and proposed approval of a resolution authorizing the purchase of one Altec AT37G Outrigger F550 4x4 Forestry Flatdeck the amount of $175,013.00 for the Public Works Department.

CEQA Determination: Exempt
Prepared By: Clayton Church, Public Works Operations Manager Recommendation:

Staff recommends the adoption of the attached Resolution.

Staff Report - Pdf
175 - 234

9.10. Consideration and approval of a resolution approving Amendment #1 to the Professional Services Agreement in connection with the project described as Professional Audit Services with Brown Armstrong Accountancy Corporation in the amount of $35,850 per year for audit services for a total of $71,700 over a two-year term for audits for Fiscal Years 2022-2023 and 2023-2024.

CEQA Determination: Not a CEQA project
Prepared By: Yosselyn Valencia, Finance Manager
235 - 239

Recommendation:

Staff recommends City Council approve the attached resolution.

Staff Report - Pdf

10. PUBLIC HEARINGS

10.1. Public Hearing for consideration and proposed adoption of a resolution approving revised additions to the Measure T project list.

CEQA Determination: Not a CEQA project
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
241 - 253

10.2. Consideration and proposed adoption of resolutions as follows:

1. Consideration and proposed approval of a resolution accepting the City of St. Helena 2023 Water and Wastewater Cost of Service and Rate Study Final Report; and

2. Consideration and proposed approval of a resolution approving a. Changes to the water base rates, water use rates, fire line rates, and rate structure effective September 1, 2023; and b. Changes to the wastewater base rates, wastewater use rates, and rate structure effective September 1, 2023; and c. Approving Drought Surcharges and rate structure
effective September 1, 2023: and
d. The charges for water, wastewater, and drought
surcharge rates will become effective on September 1,
2023, and a rate increase will occur every subsequent
year on July 1st for the next (5) years as follows:
i. September 1, 2023
ii. July 1, 2024
iii. July 1, 2025
iv. July 1, 2026
v. July 1, 2027
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Staff recommends the following to the City Council:

1. By resolution, accept the City of St. Helena 2023 Water and Wastewater Cost of Service and Rate Study Final Report; and

2. Adopt a resolution approving:
a. Changes to the water base rates, water use rates, fire line rates, and rate structure effective September 1, 2023; and b. Changes to the wastewater base rates, wastewater use rates, and rate structure effective September 1, 2023; and c. Approving Drought Surcharges and rate structure
effective September 1, 2023: and
d. The charges for water, wastewater, and drought
surcharge rates will become effective on September 1,
255 - 422

2023, and a rate increase will occur every subsequent
year on July 1st for the next (5) years as follows:
i. September 1, 2023
ii. July 1, 2024
iii. July 1, 2025
iv. July 1, 2026
v. July 1, 2027
Staff Report - Pdf

11. OLD BUSINESS
None

12. NEW BUSINESS

12.1. Consideration and proposed approval of a resolution appointing applicants to the Active Transportation & Sustainability Committee, Parks and Recreation Commission and Library Board of Trustees and consider leaving the recruitment open for the unfilled terms of office until filled.

CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Staff recommends adopting a resolution appointing applicants to the following committees:

Active Transportation Sustainability Committee
Library Board of Trustees
Parks & Recreation Committee
Staff Report - Pdf
423 - 449

12.2. Provide direction to City Manager on Our Town St. Helena’s request to:
1) increase acquisition loan principal from $450,000 to $1 million for 963 Pope Street project; 2) authorize City Manager to extend said acquisition loan repayment date by up to 180 days, if necessary; and 3) convert said acquisition loan to permanent loan when certain conditions are met, and document commitment
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Provide direction to City Manager on Our Town St Helena’s request Staff Report - Pdf
City Council Funding Request 6.27.23 Powerpoint
451 - 470

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
The next Regular City Council meeting is scheduled for July 25, 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 June 22, 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 1088 College 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.

Project Update: Vine Trail – St
Helena To Calistoga
CITY OF ST. HELENA COUNCIL
JUNE 27, 2023
Grant Bailey, P.E./Program Manager – Engineer
Agenda Item #7.1.

Project Overview
2 • 8.2 Mile Segment of
Vine Trail
• Class I Bike and
Pedestrian Facility
• Connect to Bothe State
Park and Bay Area Ridge
Trail
• Southern Terminus: St
Helena at Pratt Ave
(Reach 1)
• Northern Terminus:

Calistoga at Lincoln &
Fairway (Reach 7)
• https://www.vinetrail.org
Agenda Item #7.1.

Achievements & Challenges
3 Achievements
• Obtained $13.7M in grant
funding for $17.7M project (all
phases)
• July 2022: Groundbreaking
• September 2022: Reach 7 paving
• April 2023: Winter/Utility
Suspension Lifted
Challenges
• PGE Gas Pipe project
• Unforeseen utility conflicts
• Grade discrepancies
• Weather – 4 months of rain
delay
Agenda Item #7.1.

Pre-Construction Funding
4 • Previous Project Phases:
• Environmental
• Right of Way
• Plans, Specifications & Estimate
Contributor Funding Contribution
County of Napa $750,000
City of Calistoga $321,000
City of St Helena $320,000
Napa Valley Vine Trail Coalition
(Private Philanthropy)
$1,640,000
Grant Funding $260,000
Total Preconstruction Funding $3,291,000
Agenda Item #7.1.

Construction Funding
5 Contributor Funding Contribution
Transportation Development Act (TDA) $2,140,000
Bay Area Ridge Trail $125,000
One Bay Area Grant 2 Program $2,917,000
Active Transportation Program Grant
(ATP)
$6,106,000
Napa Valley Vine Trail Coalition
(Private Philanthropy)*
$1,142,000
Napa County STIP Swap $2,000,000
Total Construction Funding $14,430,000
*NVVTC also purchased site amenities such as mile markers and shelter structures at a cost of ~$285,000
Agenda Item #7.1.

Construction Budget
6 Item Cost
Total Available Funding $14.4M
Base Construction Cost $12.6M
Construction Contingency (~5%) $616,000
Construction Support $1.2M
Current Available Contingency (as of June 15, 2023) ~$350,000 Realized Cost Savings To Date ~$450,000
Agenda Item #7.1.

Additional Funding Need
7 • Forecasted Additional Need: $500,000 –$800,000
• Allocation based on previous funding agreements
• Doubles contingency to the typical 10%
• Request does not assume PGE pays claim
• Will only invoice for actual expense
Contributor Percent
Share
County of Napa 37%
Calistoga 19%
St Helena 19%
Vine Trail Coalition 25%
Agenda Item #7.1.

Schedule
8 *Unforeseen issues could delay opening
April 2023 Work resumes following winter/utility suspension June 2023 Resume work on box culverts & three bridge structures July 2023 Target reach 7 (Calistoga) soft opening
September 2023 Trail Paving
October 2023 Final safety features and trail elements installed November 2023* Grand Opening
Agenda Item #7.1.

Trail Opening Plan
9 • Please stay off the trail segments until they are open in November! • Important for public safety
• Outreach is ongoing
• Ghilotti Construction will provide barricades and fencing • NVVTC Volunteer Trail Ambassadors riding SR29 along corridor on the weekends will provide friendly reminders
• NVTA & NVVTC Websites include updated communication on Trail Closure and Construction
• Open Space District – Bothe State Park will distribute information to all park guests
• Calistoga and St Helena Chambers will have maps and public information available to remind guests that the trail remains closed until November • Coordinating with public information officers
• Enforcement – CHP/Napa Sherriff/Calistoga PD on patrol • Enjoy a safe place to walk and roll
Agenda Item #7.1.

Thank You!
Q&A
www.vinetrail.org
Grant Bailey, P.E.
[email protected]
707-259-5951
Agenda Item #7.1.

City of St Helena
Vegetation Abatement &
Management Update
City Council Meeting
June 27, 2023
Prepared by:

Public Works Director/City Engineer Joe Leach
Public Works Operations Manager Clayton Church
Agenda Item #8.1.

Vegetation Management Update
• Review of Breadth of Responsibilities
• Timing of Commencement
• Scope of areas maintained
• Creative solutions currently practiced
• Opportunities for operational enhancements
2 Agenda Item #8.1.

Harmonious
Confluence of
Orchestrated
Variables
Community Benefits 3
Staff/
Vacancies
Rainfall IPM
Wildland
Urban
Interface
Equipment Routine
Duties
Contract
Services Volunteers
Agenda Item #8.1.

Public Works Staff oversees the maintenance of ~120
acres of City-owned Parks & Open Space annually
Agenda Item #8.1.

Critical component to
the management of the
City’s Parks and Open
Spaces.

Utilize local weather
reports and track
rainfall projections/
data.

Used for resource
planning and
scheduling.

Winter rainfall and
THEN May 2023 rains =
schedule challenges.

Rainfall
Impacts
Agenda Item #8.1.

2023 brought significant rain fall. With limited yet very capable staff to manage the City’s ~120 acres of Parks and Open Spaces timing is everything when managing vegetation in preparation for 2023 Fire Season.

Agenda Item #8.1.

Equipment
• John Deere 3039 & Vemeer CTX100 mini skid
steer (both purchased this year) - critical to
pest management.
• Vermeer BC1000 XL chipper (purchased in
2015) - used to chip branches and rounds
under 12” and then spread to minimize weed
growth.
• Equipment Rental – annually to implement
phases of the Weed and Vegetation
Abatement Program.

Agenda Item #8.1.

Systematic Approach
• In 2021 Public Works Staff started tracking all the
areas that are managed by the department with
the Vegetation Abatement Master Spreadsheet.
• Tool for scheduling, scoping, and budgeting for
Weed and Vegetation Abatement seasons.
• After Action Reviews (AAR) are conducted by
staff to understand goals/objectives and how
performance exceeded, met or shortfall
expectations.
• Active learning opportunity to enhance
efficiencies.

Agenda Item #8.1.

• Mitigate Risk to Life/Structures
• Manage vegetation, both alive
and dead (i.e. past fire
remnants)
• Reduce fuels including
dead/dying trees
• Weeds above 4 inches
• Raise tree canopy to 8’
Agenda Item #8.1.

Open Spaces
• All Open spaces and Riparian areas will continue to be maintained and optimized as permitted.
• The City’s Routine Maintenance Agreement (RMA) with California Department of Fish and Wildlife (CDFW) is a major component of this work which includes all work in local tributaries to the Napa River.
• PW Management has updated and secured this year’s RMA and work will begin in early September.

Agenda Item #8.1.

Volunteer Program:

Parks Project
Parks & Rec Dept. teamed
up with Public Works
Dept. to develop and
facilitate volunteer weed
abatement in parks.

This program/effort
enabled Public Works staff
to facilitate abatement
activities in the City’s rural
areas and around critical
infrastructure.

THANK YOU
PARKS AND REC DEPT!!!!!!
Agenda Item #8.1.

PUBLIC WORKS OPERATIONS HAS NEARLY

COMPLETED THE VEGETATION ABATEMENT IN
PARKS AND OPEN SPACES.

COMING SOON IN SUMMER ‘23…
• Preparation for the Music in the
Parks Events at Lyman Park
• Preparation for the 4th of July
Celebration at Crane Park
• Annual Tree pruning will be
conducted in Crane Park Phase 2
and all Heritage trees will be
pruned.

Parks
Agenda Item #8.1.

Opportunities for Operational
Enhancement
• Report-A-Concern Digital Platform/Reporting
• Post event/activity After Action Report (AAR)
• Integrated Pest Management (IPM) Policy Update
• Consider use of acceptable pre-emergent in specific areas to manage vegetation growth
• RFP for Vegetation Management Services
• Contract Services through Workers.com (i.e. Seasonal/Fixed scope/term)
• Enhanced Volunteerism
• “Adopt-A-Spot” program 13
Agenda Item #8.1.

Questions
14 Agenda Item #8.1.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval for out-of-state travel for Lieutenant Justin Tharp to attend the Federal Bureau of Investigation's National Academy, Session #287, (Also known as FBI National Academy) located in Quantico Virginia, July 08, 2023 through September 14, 2023 and approval of out-ofstate travel to Quantico Virginia, for the Police Chief to attend the graduation on September 14, 2023.

CEQA
Determination:

Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
Established in 1935, the FBI National Academy provides advanced investigative, management, and fitness training to senior officers who are proven leaders within their organizations. In addition to undergraduate and graduate-level college courses offered in areas such as law, behavioral and forensic science, understanding terrorism and terrorists, and leadership development, students forge lasting connections that strengthen global law enforcement partnerships.

FBI National Academy is approximately ten weeks long and is held at the FBI Academy in Quantico, Virginia. (Twelve to fifteen college units are gained for the course.) FBI National Academy is a highly sought after and competitive, ten week course of instruction that requires stringent prerequisites for admission and completion. The application process is lengthy, includes applicants from around the world and only a few chosen applicants are admitted every year.

Agenda Item #9.1.

Graduates of the FBI’s prestigious National Academy Program, represent all 50 states, 194 countries and over 8,200 law enforcement agencies. Over 53,000 graduates have completed the FBINA Program. Lieutenant Justin Tharp was recommended for the FBI National Academy approximately two years ago. Lieutenant Tharp has been accepted into the July 8, 2023 academy class (Session #287). Chief Chris Hartley is himself a graduate of FBI National Academy Session #263.

DISCUSSION
City Council adopted Employee Handbook, Section 22.3 requires City Council approval for staff to attend out-of-state travel. Lieutenant Tharp has been accepted by FBI National Academy and is seeking approval for out-of-state travel to Quantico Virginia, from July 08, 2023 through September 14, 2023.

Graduates of the FBI National Academy are more likely to become effective leaders in their organization and have an open line of communication with law enforcement leaders throughout the United States and around the world. The connections and knowledge gained during the academy are an asset to the agency and the city.

Positions at the FBI National Academy are extremely limited. Securing a position and sending Lt. Tharp demonstrates a progressive mindset for the department and assists with the mentoring and succession process.

It customary for FBI National Academy alumni to attend the graduation of senior officers whom they have recommended or this program. Police Chief Chris Hartley is the FBI National Academy alumni who has recommended Lieutenant Tharp for attendance.

FISCAL IMPACT
Additional fiscal Impact is minimal for the City. The Federal Government provides funding for all training, travel, lodging and sustenance. Lieutenant Tharp is not assigned to patrol and his administrative duties will be fulfilled by the Chief of Police and Sergeants during his absence. The City is responsible for Lieutenant Tharp's ongoing salary, which is a budgeted item in the Fiscal Year 2023-2024 budget. The only cost incurred to City is approximately $750.00 for travel and lodging for the Chief of Police to attend graduation on September 14, 2023, which is a budgeted item.

RECOMMENDED ACTION
Approval this resolution for out-of-state travel for Lieutenant Tharp's training and the Chief of Police's attendance at graduation.

ATTACHMENTS
Resolution 2023 Out-of-State Travel Justin Tharp FBINA
Agenda Item #9.1.

CITY OF ST. HELENA
RESOLUTION NO.

AUTHORIZING OUT-OF-STATE TRAVEL FOR LIEUTENANT

JUSTIN THARPTO ATTEND FEDERAL BUREAU OF

INVESTIGATION NATIONAL ACADEMY (FBINA) IN
QUANTICO VIRGINIA FROM MONDAY, JULY 08, 2023,
THROUGH THURSDAY, SEPTEMBER 14, 2023 AND OUTOF-STATE TRAVEL TO QUANTICO VIRGINIA THE POLICE

CHIEF TO ATTEND THE GRADUATION ON SEPTEMBER
14, 2023.

RECITALS
A. City Council adopted Employee Handbook Section 22.3, requires City Council approval for staff to attend out-of-state meetings and training; and B. FBINA is the premier law enforcement leadership training in the United States, grooming current and future leaders in law enforcement; and C. The Police Department desires to mentor and develop future Management leadership from its current ranks; and
D. The Police Department is a progressive, forward-thinking agency that strives to promote from within; and
E. Lieutenant Justin Tharp, is requesting to attend FBINA Session #287, located in Quantico Virginia from Monday, July 08, 2023, through Thursday, September 14, 2023; and
F. The Federal Government incurs the cost training, travel, lodging, and sustenance during FBINA, no additional funds will be required from the General Fund for this training.

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

Agenda Item #9.1.

1. Travel is not a CEQA project; and

2. Approves out-of-state travel for Lieutenant Justin Tharp in Quantico, Virginia.

3. Approves out-of-state travel for the Chief of Police to the FBI Academy in Quantico, Virginia to attend graduation ceremonies.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.1.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration of Resolution rescinding Resolution 2022-89 and changing parking designation on the east shoulder of College Avenue from "No Parking" to "Police Parking Only" (parking prohibitions).

CEQA
Determination:

Not a CEQA project
Prepared By: Justin Tharp, Lieutenant
Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager

BACKGROUND
On May 15, 2023, the St. Helena Police Department completed its move from 1480 Main Street to its new location at 1088 College Avenue. It became immediately apparent that parking police vehicles in the main off-street parking lot of the complex is both cumbersome and inefficient for on duty patrol Officers. The Officers must navigate up to three doors, walk/run approximately 100 yards and navigate a low-speed parking lot, to begin their response to a call for service. This includes emergency responses where time is of the essence.

DISCUSSION
On duty officers prefer stage patrol vehicles on the east shoulder of College Avenue, just south of Pope Street, as it is much more efficient and drastically improves response times.

Officers only have to navigate one door and walk/run approximately 25 yards to reach a patrol vehicle to begin responding to a call for service.

This section College Avenue is currently designated by Resolution 2022-89 as "No Parking". The Police Department is recommending rescinding 2022-89 designation for the east side of College Avenue and designating the area with 20 feet of red curbed "No Parking" in front of fire hydrant #870 (hydrant is located on east side of College Avenue, Agenda Item #9.2.

south of intersection with Pope Street) per California Vehicle Code 22514. North of the red fire hydrant no parking zone, the Police Department is recommending 40 feet of "Police Parking Only", designated by two painted boxes on the roadway (20 feet in length) with diagonal striping and "Police Parking Only" stenciled within the center of each box.

Current "No Parking" signage will be replaced with "Police Parking Only." This will allow for two on duty patrol vehicles to legally park on the east shoulder of College Avenue.

North (approximately 106 feet) of the "Police Parking Only" the east shoulder of College Avenue shall remain and be posted "No Parking" to its termination with Pope Street.

FISCAL IMPACT
There is minimal costs associated with the work as it is completed by Public Works staff during normal business hours and using readily available paint.

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
CVC 22514
Attachment 1_ Resolution.Police Parking College Ave. (1) College Avenue Striping Layout
Agenda Item #9.2.

5/24/23, 9:38 AM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=VEH&sectionNum=22514.&op_statues=1987&o… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=VEH&sectionNum=22514.&op_statues=1987&op_chapter=488&op_… 1/1 DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch.

3. )
22514.

VEHICLE CODE - VEH
CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch.

3. )
No person shall stop, park, or leave standing any vehicle within 15 feet of a fire hydrant except as follows:
(a) If the vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity.
(b) If the local authority adopts an ordinance or resolution reducing that distance. If the distance is less than 10 feet total length when measured along the curb or edge of the street, the distance shall be indicated by signs or markings. (c) If the vehicle is owned or operated by a fire department and is clearly marked as a fire department vehicle. (Amended by Stats. 1987, Ch. 488, Sec. 1.)
Agenda Item #9.2.

CITY OF ST. HELENA
RESOLUTION NO. 2023-___
Resolution rescinding Resolution 2022-89 and changing
red zone to Police Parking east side of College Avenue

RECITALS
On May 15, 2023, the St. Helena Police Department
completed its move form 1480 Main Street to its new
location at 1088 College Avenue. It became immediately
apparent that parking police vehicles in the main off-street parking lot of the complex is both cumbersome and
inefficient for on duty patrol Officers. The Officers must navigate up to three doors, walk/run approximately 100
yards and navigate a low-speed parking lot, to begin their response to a call for service. This includes emergency responses where time is of the essence.

RESOLUTION

1. No parking zones or No stopping zones established
within Resolution No. 2022-89 are hereby rescinded
except to the extent that they are re-established
below in this resolution.

2. For purposes of this resolution:
"Curb" means the concrete curbing installed along
the side of the street or roadway or, if there is none, the edge of the traveled portion of the street or
roadway.
"Intersection" means the point established by
extending curb lines of the designated streets without
regard for an arced curb installed to provide a turning radius between roadways.

3. Pursuant to Sections 10.10 and 10.11.1 of the City
Code the following locations are designated as no
parking or no stopping zones within which parking of
vehicles on City streets is prohibited.

4. The new restrictions would not go into effect until the proposed paving and striping improvements for
Agenda Item #9.2.

Grayson Avenue and South Crane Avenue are
constructed.

A) ADAMS STREET

1. Commencing at the northeast intersection of
Adams and Kearney Streets thence 25 feet
easterly along the north side of Adams Street.

2. Commencing at the southeast intersection of
Adams and Kearney Streets thence 72 feet
westerly along the south side of Adams Street.

3. Commencing at the southeast intersection of
Adams Street and Money Way thence 30 feet
easterly along the south side of Adams Street.

4. Commencing at the southeast intersection of
Adams Street and Napa Valley Wine Train
Tracks thence easterly 30 feet along the south
side of Adams Street.

5. Commencing at the southeast intersection of
Adams Street and Main Street 42 feet easterly
to the point of beginning, thence 20 feet
easterly along the south side of Adams Street.

6. Commencing on the south side of Adams
Street 138 feet easterly from Main Street
thence 20 feet easterly along the south side of
Adams Street.

7. Commencing at the northwest intersection of
Adams Street and Railroad Avenue thence
westerly 28 feet along the north side of Adams
Street.

8. Commencing at a point 65 feet east of Main
Street thence easterly 20 feet along the north
side of Adams Street.

9. Commencing at the northeast intersection of
Adams Street and Oak Avenue thence easterly
20 feet on the north side of Adams Street.

10. Commencing at the southeast intersection of
Adams Street and Oak Avenue thence easterly
30 feet along the south side of Adams Street.

Agenda Item #9.2.

11. Commencing at the northeast intersection of
Adams Street and Oak Avenue thence easterly
25 feet along the north side of Adams Street.

12. Commencing at the southwest intersection of
Adams Street and Main Street thence westerly
31 feet along the south side of Adams Street.

13. Commencing at the westerly edge of the
westerly driveway of 899 Adams Street thence
westerly 30 feet along the south side of Adams
Street.

14. Commencing at the easterly edge of the most
easterly driveway of the 1010 Adams Street
Bank Building and Pharmacy, thence easterly
thirty (30) feet along the south side of Adams.

B) ALEXANDER COURT

1. Commencing at the southerly intersection of
Alexander Court and Main Street thence
westerly along the north side of Alexander
Court 160 feet, thence northerly along a curve
to the right 160 feet, thence easterly along the
southerly side 160 feet to the northerly
intersection of Alexander Court and Main
Street.

Agenda Item #9.2.

C) CHARTER OAK

1. Commencing at the northeast intersection of
Charter Oak and Wine Train Railroad Tracks
thence easterly 180 feet along the north side of
Charter Oak.

2. Commencing at the southeast intersection of
Charter Oak and Wine Train Railroad Tracks
thence easterly 197 feet along the south side
of Charter Oak.

3. Commencing at the east intersection of Allison
Avenue and Charter Oak thence along both
sides of Charter Oak Avenue to the easterly
end of the street.

D) CHILES AVENUE

1. Beginning at a point lying 84 feet westerly of the
northwest bridge abutment corner at Pope
Street crossing Sulphur Creek; thence
northwesterly 58 feet along the east curb at
Chiles Avenue and Pope Street.

2. Beginning at a point lying 154 feet westerly of the
northwest bridge abutment corner at Pope
Street crossing Sulphur Creek; thence
northerly 84 feet along the west curb at Chiles
Avenue and Pope Street.

E) CHURCH STREET

1. Commencing at the southeast
intersection of Church Street and Hunt Avenue
thence southerly along the east side of Church
Street to the northeasterly intersection of Pope
Street.

2. West side of Church Street five (5) feet
north and five (5) feet south of the entrance
and exit driveway of the parking lot of the
business located at 1120 Pope Street.

F) COLLEGE AVENUE

1. Twenty feet of red painted curb in front of fire
hydrant #870 (hydrant is located on east side
of College Avenue, 170 feet south of
Agenda Item #9.2.

intersection with Pope Street) per California
Vehicle Code 22514. North of the red curb for
fire hydrant, will commence 45 feet of "Police
Parking Only", designated by two painted
parking boxes on the roadway (22.5 feet in
length) with diagonal striping and "Police
Parking Only" painted within the center of
each box. "Police Parking Only." signage
adjacent to parking. No parking on east side
of College Avenue north of designated Police
Parking to intersection with Pope Street.

North (approximately 106 feet) of the "Police
Parking Only" the east shoulder shall remain
and be posted "No Parking", to allow the fluid
movement of vehicular traffic.

2. Commencing at the southwest intersection of
College Avenue and Pope Street thence
southerly 360 feet along the west side of
College Avenue.

G) DOWDELL LANE

1. Commencing at the east right-of-way of the Wine
Train crossing at Dowdell Lane thence easterly
180 feet along the north and south side of Dowdell
Lane.

2. Commencing at the driveway to 899 Dowdell Lane
thence 12 feet in both the easterly and westerly
direction from the edge of said driveway a
distance of 12 feet along the northerly side of
Dowdell Lane.

3. DOWDELL AND MCCORMICK
a. Commencing at the southeast intersection of
McCormick Street and Dowdell Lane thence
25 feet northwesterly along the east side of
McCormick Street.
b. Commencing at the southeast intersection of
McCormick Street and Dowdell Lane thence
28 feet northeasterly along the south side of
Dowdell Lane.

H) EDWARDS STREET
Agenda Item #9.2.

1. Commencing at the southeast corner of Edwards
Street and Hunt Avenue thence southerly 20
feet along the east side of Edwards Street.

2. Commencing at the southwest corner of Edwards
Street and Hunt Avenue thence southerly 20
feet along the west side of Edwards Street.

I) EL BONITA AVENUE

1. Commencing at a point 35 feet west of
Community Drive thence westerly 60 feet along
the north side of El Bonita Avenue.

2. Commencing at the intersection of El Bonita
Avenue and Community Drive thence easterly
80 feet along the south side of El Bonita
Avenue.

J) ELMHURST AVENUE

1. Commencing at the northeast intersection of
Elmhurst Avenue and Granger Way thence
easterly 30 feet along the north side of
Elmhurst Avenue.

2. Commencing at the southeast intersection of
Elmhurst Avenue and Spring Mountain Road
thence easterly 75 feet along the south side of
Elmhurst Avenue.

3. Commencing at the intersection of Elmhurst
Avenue and Main Street thence westerly 30
feet along Elmhurst Avenue and thence
northerly 60 feet along Main Street.

K) FULTON LANE

1. Commencing at the northeast and southeast
intersection of Fulton and Main Streets thence
easterly 90 feet along the north and south
sides of Fulton Lane.

2. Commencing at the easterly intersection of Fulton
Lane and Railroad Avenue thence easterly 120
feet along both the north and south sides of
Fulton Lane.

L) GRAYSON AVENUE
Agenda Item #9.2.

1. South side of Grayson Avenue from the southwest
intersection of Main Street and Grayson
Avenue westerly for a distance of 100 feet.

2. North side of Grayson beginning at a point 665
feet westerly of the westerly line of Main Street
then west along the north side of Grayson for a
distance of 1,165.6 feet between the hours of
7:30 a.m. and 3:00 p.m., Mon. - Fri.

3. Commencing at the northeast intersection of
Grayson Avenue and Crane Avenue thence
easterly 50 feet along the north side of
Grayson Avenue. This is a 24-hour “No
Stopping zone.

4. Commencing at a point 50 feet north of the
northeast intersection of Grayson Avenue and
Crane Avenue thence 700 feet along the north
side of Grayson Avenue. This is a “No
Stopping” zone during the hours of 7:30 a.m. –
3:00 p.m. on school days.

5. Commencing at the intersection of the easterly
driveway of the Primary School Parking Lot
and Grayson Avenue thence westerly along
the southerly curb line a distance of 25 feet.

6. Class II Bike lane only, which would require
parking to be prohibited along the south side.

Commencing at the southeast intersection of
Grayson Avenue and South Crane Avenue
thence 700 feet easterly along the south side
of Grayson Avenue.

M) GROVE COURT

1. Commencing at the northeast intersection of
Grove Court and Hunt Avenue thence northerly
205 feet along the east side of Grove Court.

2. Commencing 100 feet northerly of the
northwest intersection of Grove Court and Hunt
Avenue thence northerly 100 feet along the
west side of Grove Court adjacent to the
heritage oak tree.

N) HUNT AVENUE
Agenda Item #9.2.

1. Commencing at the northeast intersection of Hunt
Avenue and Starr Avenue thence westerly 307
feet along the north side of Hunt Avenue.

2. Commencing at the southwest intersection of Hunt
Avenue and Starr Avenue thence westerly 465
feet along south side of Hunt Avenue to 105
feet west of Monte Vista extended center line.

3. Commencing at a point 20’ east of the southeast
intersection of Hunt Avenue and Monte Vista
thence easterly 44’ along the south side of
Hunt Avenue.

4. Commencing at the southeast corner of Hunt
Avenue and Edwards Street thence easterly 40
feet along the south side of Hunt Avenue.

5. Commencing at the southwest corner of Hunt
Avenue and Edwards Street thence westerly
30 feet along the south side of Hunt Avenue.

6. Commencing on the north side of Hunt Avenue
fifteen (15) feet west and fifteen (15) feet east
of the most eastern entrance and exit driveway
of the Safeway parking lot. This is a 24-hour
“No Stopping Zone”.

7. Commencing at a point fourty (40) feet east of the
most eastern entrance and exit driveway of the
Safeway parking lot, thence thirty (30) feet
along the north side of Hunt Avenue.

O) JUNE LANE

1. Commencing at a point lying 184 feet north of the
intersection of Chiles and June Lane; thence
along the east curb to the right a distance of 30
feet to the south curb of Hunt Avenue.

2. Commencing at a point lying 184 feet north of the
intersection of Chiles Avenue and June Lane;
thence along the west curb to the left a
distance of 30 feet to the south curb of Hunt
Avenue.

P) KEARNEY STREET

1. Commencing at the northeast intersection of
Kearney Street and Spring Street thence
Agenda Item #9.2.

northerly along the east side of Kearney Street
to Tainter Street.

2. Commencing 143 feet north of the northeast
corner of Adams Street and Kearney Street
thence northerly a distance of 51 feet along the
east side of Kearney Street.

3. Commencing 399 feet north of the northeast
corner of Adams Street and Kearney Street
thence northerly a distance of 33 feet along the
east side of Kearney Street.

Q) LA FATA STREET

1. Commencing 215 feet southerly from the
southeast corner of La Fata Street and Dowdell
Lane thence 60 feet southerly along the
easterly curb of La Fata Street.

2. Commencing 398 feet southerly from the
southeast corner of La Fata Street and Dowdell
Lane thence 40 feet southerly along the
easterly curb of La Fata Street.

3. Commencing at the driveway to 899 Dowdell Lane
located on La Fata Street thence 12 feet in
both the northerly and southerly
direction from the edge of said driveway a
distance of 12 feet along the westerly side of
La Fata Street.

R) LIBRARY LANE

1. Commencing at the north side of the white painted
load zone at the St. Helena Library at 1480
Library lane, then twenty-one (21) feet along
the east side of Library Lane.

S) MADRONA AVENUE

1. Commencing at the intersection of Madrona
and Oak Avenues thence easterly and westerly
along the north and south sides of Madrona
Avenue 20 feet from each intersection.

2. Commencing at the northwest and southwest
intersections of Madrona Avenue and Main
Agenda Item #9.2.

Street thence westerly 90 feet along the north
and south side of Madrona Avenue.

T) MAIN STREET

1. Commencing at the intersection of Main Street
and Madrona Avenue thence southerly 155
feet along both sides of Main Street.

2. Commencing at the intersection of Main Street
and Madrona Avenue thence northerly 155 feet
along both sides.

3. Commencing at the southwest intersection of
Main Street and Sulphur Springs Avenue
thence 310 feet southerly along the west side
of Main Street.

4. Commencing at Main Street and the Sulphur
Creek bridge thence southerly to Sulphur
Springs Avenue along both sides of Main
Street and northerly 175 feet to Mitchell
Avenue along the west side of Main Street.

5. Commencing at the northwest intersection of
Main Street and Mitchell Drive thence northerly
20 feet.

6. Commencing at the intersection of Main Street
and Spring Street thence 25 feet southerly
along the west side.

7. Commencing at the southeast intersection of
Main Street and Adams Street thence
southerly 50 feet along the east side.

8. Commencing at the southeast intersection of
Main Street and Adams Street 120 feet
southerly to the point of beginning thence
southerly 37 feet along the east side.

9. Commencing at the intersection of Main Street
and Hunt Avenue thence northerly and
southerly 30 feet along the east side.

10. Commencing at the intersection of Main Street
and Spring Street 145 feet northerly to a point
of beginning thence northerly 22 feet along the
east side.

Agenda Item #9.2.

11. Commencing at the Main Street crosswalk at
the south line of Spring Street thence southerly
24 feet along the east side of Main Street.

12. Commencing at the northwest intersection of
Main Street and Adams Street thence northerly
35 feet along the west side.

13. Commencing at the southwest intersection of
Main Street and Adams Street thence
southerly 40 feet along the west side.

14. Commencing at the northwest intersection of
Main Street and Spring Street 540 feet
northerly to a point of beginning thence
northerly 30 feet along the west side.

15. Commencing at the northwest intersection of
Main Street and Spring Street 230 feet
northerly to a point of beginning thence
northerly 90 feet along the west side.

16. Commencing at the northwest intersection of
Main Street and Spring Street thence northerly
40 feet along the west side.

17. Commencing at the northwest intersection of
Main Street and Elmhurst 400 feet to a point of
beginning thence northerly 330 feet along the
west side of Main Street.

18. Commencing at the southeast intersection of
Main Street and Pope Street thence southerly
170 feet along the east side of Main Street.

19. Commencing at the southeast intersection of
Main Street and Pine Street thence south a
distance of 28 feet along the east side of Main
Street.

20. Commencing at the southwest intersection of
Main Street and Pine Street thence south a
distance of 28 feet along the west side of Main
Street.

21. West side of Main Street from a point one
hundred (100) feet south of Grayson Avenue
southerly a distance of one thousand six
hundred ninety (1,690) feet.

Agenda Item #9.2.

22. East side of Main Street from the south line of
Grayson Avenue southerly a distance of one
thousand five hundred eighty-five (1,585) feet.

23. East side of Main Street beginning at a point
one thousand five hundred eighty-five (1,585)
feet south of the south line of Grayson Avenue,
southerly for a distance of two hundred
eighteen (218) feet between the hours of 7:30
a.m. and 5:30 p.m.

24. East side of Main Street beginning at a point
one thousand eight hundred three (1,803) feet
south of the south line of Grayson Avenue,
southerly for a distance of two hundred
seventy-two (272) feet.

25. West side of Main Street from the northwest
corner of Main Street and Grayson Avenue
approximately 85 feet across the frontage of
A&W Restaurant located at 501 Main Street.

26. Commencing at the southwest corner of Main
Street and the York Creek Bridge thence south
360 feet along the west side of Main Street.

27. Commencing at the northeast corner of Pratt
Avenue and Main Street thence north along the
west side of Main Street to the York Creek
Bridge

28. Commencing at a point 45 feet north of the
northeast intersection of Main Street and Pope
Street thence north 29 feet along the east side
of Main Street.

29. Commencing at Deer Park Road south along
both sides of Main Street to the York Creek
Bridge.*
*The area in the Tunnel of Trees is a “No
Stopping” zone on both sides of Main Street.

30. Commencing at a point 99 feet west of the
northwest intersection of Main Street and Pine
Street thence 22 feet west along the north side
of Pine Street.

31. Commencing at the southwest corner of Main
Street and Charter Oak extending westerly 50
Agenda Item #9.2.

feet on the south side of Charter Oak. This is a
24 Hour “No Parking” Zone.

32. Commencing at the intersection of Main Street
and Elmhurst Avenue thence southerly 30 feet
along the west side of Main Street.

33. Commencing at the intersection of Main Street
and Elmhurst Avenue thence northerly 60 feet
along the west side of Main Street.

34. Commencing at a point 25 feet south of the
southeast intersection of Britton Way thence
southerly 88 feet along the east side of Main
Street. This is a “No Parking” zone and
reserved for transit buses.

U) McCORMICK AVENUE

1. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 170 feet
southerly to a point of beginning thence
southerly 15 feet along the west side of
McCormick Street.

2. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 310 feet
southerly to a point of beginning thence
southerly 30 feet along the west side of
McCormick Street.

3. Commencing at the northwest intersection of
McCormick and Vintage Streets 320 feet
northerly to the point of beginning thence
northerly 25 feet along the west side of
McCormick Street.

4. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 530 feet
southerly to the point of beginning thence 20
feet southerly along the east side of
McCormick Street.

5. Commencing at the southwest intersection of
McCormick Street and Dowdell Lane 270 feet
southerly to the point of beginning thence 50
feet southerly along the east side of
McCormick Street.

Agenda Item #9.2.

V) MITCHELL DRIVE

1. Commencing at the southwesterly intersection
of Mitchell Drive and St. James Drive thence
westerly along the south side of Mitchell Drive
to the southeast intersection of North Crane
and Mitchell Drive and easterly 300 feet.

2. Commencing at the southwest intersection of
Mitchell and Main Street thence 80 feet
westerly along the south side of Mitchell Drive.

3. Commencing 230 feet west of the intersection
of Main Street and Mitchell Drive thence 88
feet westerly along the south side of Mitchell
Drive.

4. Commencing at the northwest intersection of
Mitchell Drive and Oak Avenue thence 50 feet
westerly along the northerly side of Mitchell
Drive.

5. Commencing at the easterly corner of the most
easterly intersection of Mitchell Drive and St.

James Drive, thence ninety (90) feet along the
south side of Mitchell Drive.

W) MONTE VISTA AVENUE

1. Commencing at the cul de sac northerly of
Hunt Avenue thence around the perimeter of
the 25 foot diameter island.

X) OAK AVENUE

1. Commencing at the southwest intersection of
Oak Avenue and Hillview Place thence
southerly 65 feet.

2. Commencing at the northeast, northwest, and
southwest intersections of Oak Avenue and
Pine Street thence 20 feet northerly and
southerly along the east and west sides of Oak
Avenue.

Agenda Item #9.2.

3. Commencing at the southwest intersection of
Oak Avenue and Pine Street thence 30 feet
southerly along the west side of Oak Avenue.

4. Commencing at the northeast intersection of
Oak Avenue and Adams Street thence
northerly 18 feet.

5. Commencing at the southwest intersection of
Oak Avenue and Tainter Street 55 feet
southerly to a point of beginning thence
southerly 20 feet on the west side of Oak
Avenue.

6. Commencing at a point easterly of the
southwest intersection of Oak Avenue and
Tainter Street thence southerly 22 feet along
the east side of Oak Avenue at the crosswalk.

7. Commencing at the northwest intersection of
Oak Avenue and Spring Street thence
northerly 20 feet along Oak Avenue.

8. Commencing at the point of curvature of the
southeasterly curve on the east side of Oak
Avenue thence southeasterly 160 feet to the
point of tangency with the north side of Mitchell
Drive.

9. Beginning at a point 339 feet north of Spring
Street extending northerly to a point 419 feet
on the east side of Oak Avenue.

10. Beginning at the northwest corner of Oak
Avenue and Tainter Street thence extending
northerly 35 feet on Oak Avenue.

11. Twenty (20) feet southerly from the driveway at
1255 Oak Avenue.

Y) PINE STREET

1. Commencing at the northwest intersection of
Pine Street and Main Street thence along the
north side of Pine Street to Oak Avenue
excepting a 25 foot yellow zone terminating
180 feet from the northeast intersection of Pine
Street and Oak Avenue.

Agenda Item #9.2.

2. Commencing at the northwest and southwest
intersections of Pine Street and Oak Avenue
thence westerly 20 feet.

3. Commencing at the southeast intersection of
Pine Street and Oak Avenue thence easterly
20 feet.

4. Commencing at the southwest intersection of
Pine Street and Main Street thence westerly 10
20 feet.

5. Commencing at the southeast intersection of
Pine Street and Main Street thence easterly
115 feet.

6. Commencing at the northeast intersection of
Pine Street and Main Street easterly 140 feet.

Z) PINOT WAY

1. Commencing at the centerline of the
utility and pedestrian access alley that
connects Pinot Way to Sylvaner Avenue
thence southwesterly 10 feet and northeasterly
10 feet creating a 20 foot long segment
centered on the end of the alley.

AA) POPE STREET

1. Commencing at the southeast and northeast
intersections of Pope Street and Main
Street thence east 80 feet to the Wine Train
railroad right-of-way.

2. Commencing at the east terminus of Pope
Street at the Napa River thence westerly along
Stonebridge Park 345 feet on the north side of
Pope Street.

3. Commencing at the northeast corner of Paseo
Grand Drive and Pope Street then easterly 154
feet on the north side of Pope Street.

4. Commencing at the east terminus of Pope
Street at the Napa River thence westerly 400
feet along the south side of Pope Street.

Agenda Item #9.2.

5. Commencing at the southeast intersection of
Pope Street and College Avenue thence 340
feet easterly along the south side of Pope
Street.

6. Commencing at the southwest intersection of
Pope Street and College Avenue thence 680
feet westerly along the south side of Pope
Street.

7. Commencing at the intersection of Pope Street
and College Avenue thence easterly 680 feet
on the north side of Pope Street.

8. Commencing at the northeast intersection of
Pope Street and Church Street thence easterly
35 feet along the north side of Pope Street.

9. Commencing at the southeast intersection of
Pope Street and the Napa Valley Wine Train
Tracks thence easterly 25 feet along the south
side of Pope Street.

10. Commencing at the northeast intersection of
Pope Street and the Napa Valley Wine Train
Tracks thence easterly 145’ to the intersection
of Pope Street and Church Street.

11. Commencing at the Northeast intersection of
Pope Street and Chiles Ave thence easterly
950 feet along the north and south sides of
Pope Street.

12. Commencing at the northwest intersection of
Pope Street and Starr Avenue thence westerly
392 feet along the north side of Pope Street.

AB) PRATT AVENUE

1. Commencing at the southeastern intersection
of Pratt Avenue and the Napa Valley Wine
Train and thence easterly a distance of 570
feet along the south shoulder of Pratt Avenue.

2. Commencing at the northeastern intersection
of Pratt Avenue and Main Street and thence
easterly a distance of 300 feet along the north
shoulder of Pratt Avenue.

Agenda Item #9.2.

AC) RAILROAD AVENUE

1. Commencing at the northwest intersection of
Railroad Avenue and Adams Street thence 31
feet north along the west side of Railroad
Avenue.

2. Commencing at a portion 400 feet north of the
northeast corner of the intersection of Adams
Street and Railroad Avenue thence north a
distance of 50 feet along the east side of
Railroad Avenue.

3. Commencing at the south exit of the City
Parking lot on Railroad Avenue thence south a
distance of 16 feet.

4. Commencing at the north side of the south exit
of the City Parking lot on Railroad Avenue
thence north a distance of 24 feet.

5. Commencing at the north exit of the City
Parking lot on Railroad Avenue thence north a
distance of 20 feet.

6. Commencing at the north exit of the City
Parking lot on Railroad Avenue thence south a
distance of 15 feet.

7. Commencing at the curb beginning at the Napa
Valley Wine Train tracks at the northeast
corner of the intersection of Adams Street and
Railroad Avenue northward through the curb
return and thence northerly a distance of 281
feet along the east side of Railroad Avenue.

AD) SILVERADO TRAIL

1. Commencing at the southeast intersection of
Howell Mountain Road and Silverado Trail
thence south 400 feet along the east side of
Silverado Trail.

AE) SOUTH CRANE AVENUE

1. Commencing at the southeast intersection of
South Crane Avenue and Grayson Avenue
thence southerly 50 feet along the east side of
Agenda Item #9.2.

South Crane Avenue. This is a 24-hour “No
Stopping” zone.

2. Commencing at a point 433 feet south of the
southeast intersection of South Crane Avenue
and Grayson Avenue thence southerly 30 feet
along the east side of South Crane Avenue.

This is a “No Stopping” zone during the hours
of 7:30 a.m. – 3:00 p.m. on school days.

3. Commencing at the northeast intersection of
South Crane Avenue and Grayson Avenue
thence northerly 50 feet along the east side of
South Crane Avenue. This is a 24-hour “No
Stopping” zone.

4. Commencing at a point 50 feet north of the
northeast intersection of South Crane Avenue
and Grayson Avenue thence northerly 450 feet
along the east side of South Crane Avenue to
the bridge. This is a “No Stopping” zone
during the hours of 7:30 a.m. – 3:00 p.m. on
school days.

5. Class II Bike lanes only, which would require
parking to be prohibited along the east side.

Commencing at the southeast intersection of
Grayson Avenue and South Crane Avenue
thence 800 feet southerly along the east side
of South Crane Avenue.

6. Class II Bike Lanes only, which would require
parking to be prohibited along the west side.

Commencing at the southwest intersection of
Grayson Avenue and South Crane Avenue
thence 800 feet southerly along the west side
of South Crane Avenue.

AF) SPRING STREET

1. Commencing at the northwest intersection of
Spring Street and Main Street thence westerly
35 feet along the north side of Spring Street.

2. Commencing at the northwest intersection of
Spring Street and Main Street westerly 120
feet to a point of beginning thence westerly 30
feet along the north side of Spring Street.

Agenda Item #9.2.

3. Commencing at the shopping center driveway
at the intersection of Spring Street and Money
Way thence 15 feet westerly and 65 feet
easterly along the south side of Spring Street.

4. Commencing at the northeast and the
southeast intersections of Spring Street and
Oak Avenue thence 33 feet easterly along
Spring Street.

5. Commencing at the northwest and southwest
intersections of Spring Street and Oak Avenue
thence 33 feet westerly along Spring Street.

6. Commencing at the southwest intersection of
Spring Street and Oak Avenue westerly 70 feet
to a point of beginning thence westerly 70 feet
along the south

7. Commencing at the southwest intersection of
Spring Street and Oak Avenue westerly 25 feet
to a point of beginning thence westerly 50 feet
along the south side.

8. Commencing at the intersection of Spring
Street and Kearney Street thence easterly 60
feet along the south side.

9. Commencing at the northwest intersection of
Spring Street and Kearney Street 70 feet
westerly to a point of beginning thence 60 feet
westerly along Spring Street.

10. Commencing at the northwest intersection of
Spring Street and East Sylvaner 135 feet
westerly to a point of beginning thence 70 feet
westerly along Spring Street.

11. Twenty (20) feet on both sides of driveway at
2322 Spring Street.

12. Twenty (20) feet on west side of driveway and
that strip on the easterly side to adjacent
driveway at 1428 Spring Street.

13. Twenty (20) feet east from the west driveway
and twenty (20) feet from both sides of the east
driveway at 1343 Spring Street.

Agenda Item #9.2.

14. Ten (10) feet from both sides of the driveway to
the parking lot east of the building at 1313
Spring Street.

15. Commencing on the southwest intersection of
Spring Street and Valley View thence
southwesterly along the south side of Spring
Street to the southeast intersection of West
Sylvaner Avenue.

16. Class II Bike lanes only, which would require
parking to be prohibited along the south side.

The vehicle travelway (centerlane) would not
be striped.

AG) SPRING MOUNTAIN ROAD

1. Commencing at the southeast corner of Spring
Mountain Road and Elmhurst Avenue thence
75 feet southerly along the east side of Spring
Mountain Road.

AH) STARR AVENUE

1. Commencing at the northwest intersection of
Starr Avenue and Harvest Lane thence 285
feet northerly along the west side of Starr
Avenue.

2. Commencing at the northwest intersection of
Harvest Lane and Starr Ave.
northerly 45 feet to a point of beginning thence
northerly 150 feet to the southeast corner of
Meadowcreek Circle along the east side of
Starr Avenue.

3. Commencing at the extended center line of
Meadowcreek Circle (north) thence 22 feet
south along the west side of Starr Avenue.

4. Commencing at the northeast intersection of
Meadowcreek Circle (south) and Starr Avenue
83 feet northerly to a point of beginning thence
northerly 32 feet to the south side of Hunt
Avenue.

AI) STOCKTON STREET
Agenda Item #9.2.

1. Commencing at the northwest intersection of
Stockton Street and Spring Street thence
northerly along the west side of Stockton Street
to the Madrona Street and Stockton Street
intersection.

AJ) SULPHUR SPRINGS AVENUE

1. Commencing at the southwest intersection of
Main Street and Sulphur Springs Avenue
thence 50 feet westerly along the south side of
Sulphur Springs Avenue.

2. Commencing at the northwest intersection of
Main Street and Sulphur Springs westerly 253
feet to a point of beginning thence westerly 23
feet along the north side of Sulphur Springs
Avenue.

3. Commencing at the northwest intersection of
Main Street and Sulphur Springs westerly 289
feet to a point of beginning thence westerly 15
feet along the north side of Sulphur Springs
Avenue.

AK) SYLVANER AVENUE

1. Commencing at the centerline of the
utility and pedestrian access alley that
connects Sylvaner Avenue to Pinot Way
thence southwesterly 10 feet and northeasterly
10 feet creating a 20 foot long segment
centered on the end of the alley.

AL) TAINTER STREET

1. Commencing at the intersection of Tainter
Street and Kearney thence easterly along the
south side of Tainter Street to the intersection
of Oak Avenue and Tainter Street except Mon.-
Fri. 7:30 a.m. - 9:00 a.m. and 2:00 p.m. - 4:00
p.m.

2. Commencing at the northwest intersection of
Tainter Street and Kearney Street thence 80
feet easterly along the north side of Tainter
Street.

Agenda Item #9.2.

3. South side of Tainter Street between Stockton
Street and Kearney Street.

AM) VINTAGE AVENUE

1. Commencing at the northwest intersection of
Vintage Avenue and McCormick Street
westerly 228 feet to a point of beginning thence
12 feet west of said driveway 168 feet along
the north side to the Napa Valley Wine Train
right-of-way.

2. Commencing at the intersection of Vintage
Avenue and McCormick Street westerly 250
feet to a point of beginning thence westerly 180
feet along the south side.

AN) VOORHEES CIRCLE

1. Commencing at the westerly intersection of
Voorhees Circle and Mitchell Avenue south of
Mitchell and west of Voorhees Circle thence
southerly along the west side, easterly along
the south side and northerly along the east
side a distance of 1100 feet to the easterly
intersection of Voorhees Circle and Mitchell
Avenue.

Approved at a Regular Meeting of the St. Helena City
Council on June 27, 2023 by the following vote:

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

COLLEGE AVE
Agenda Item #9.2.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration of a Resolution to set a Public Hearing for 6:00 p.m., Tuesday, August 8th, 2023, to consider objections to the proposed annexation of the properties known as 2175 Palmer Drive, St Helena, CA (APN 009-690-014), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 142; 2125 Palmer Drive, St. Helena, CA (APN 009-690-015), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 143; 1460 Grayson Avenue, St. Helena, CA (APN 009-340-004), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 143; 1644 Grayson Avenue, St. Helena, CA (APN 009-280-024), into the St. Helena Municipal Sewer
District No. 1, MSD Annexation No. 144.

CEQA
Determination:

Not a CEQA project
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
Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements in Health and Safety Code Section 4600. City Council approval of the annexation is the formal administrative process to change the property’s tax rate area code from septic to sanitary sewer. The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:

Agenda Item #9.3.

(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.
(d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

Once adopted, the resolution, together with the names of the members of the City Council voting for and against it, must be published for two successive weeks in a newspaper of general circulation and published in the City. The first publication shall not be more than 60 days nor less than 30 days prior to the date fixed for the hearing.

Upon adoption of the resolution, the 1st publication of the public hearing notice shall be published on June 30th and the second notice shall be published on July 7th. The public hearing to consider objections to the proposed annexation is proposed to be set for Tuesday, August 8th, 2023.

Additionally, copies of the resolution shall also be posted in three public places within the area to be annexed not earlier than the 60th day or later than the 30th day prior to the hearing. Similarly, a copy of the resolution shall also be mailed, postage prepaid, to each person to whom land in the area to be annexed is assessed as such owner is shown on the last equalized county assessment roll, at the address as shown upon the roll, and to each person who has any interest in any land within the area to be annexed whose name and address and a designation of the land in which they are interested is on file in the office of the City Clerk.

At the time established for the public hearing, the City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a resolution approving the annexation of the Property into the District (which will also require at least four affirmative votes). Upon a determination by the Council that the Property will be benefited by the annexation; certified copies of the resolution will then be recorded and filed in the manner and with the same force and effect as provided in Section 4613. Upon recordation of the resolution, the Property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District.

If the City Council approves the resolution following the public hearing on August 8th, 2023, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees, obtain required encroachment and building permits.

DISCUSSION
Agenda Item #9.3.

The City of St. Helena Public Works has received annexation applications from the following parties:

Bonnie Burdett, owner of 2175 Palmer Drive, St Helena, CA (APN 009-690-014) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 142;
Sharon and Timm Crull, owners of 2125 Palmer Drive, St Helena, CA (APN 009-690-015) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 143;
Hugo Maldonado, owner of 1460 Grayson Avenue, St Helena, CA (APN 009-340-004) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 144;
Mark Butala, owner of 1644 Grayson Avenue, St Helena, CA (APN 009-280-024) applied to be annexed into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 145;
The application fees have been collected. Location maps and descriptions for the properties are attached.

Staff request City Council to consider the applicants' annexation requests and order a public hearing to be scheduled for August 8, 2023.

FISCAL IMPACT
None

RECOMMENDED ACTION
Staff request City Council to adopt a resolution to consider the applicants request and order a public hearing to be scheduled for August 8, 2023.

ATTACHMENTS
Resolution - Municipal Sewer District No. 1 Annexation Hearing Exhibit A - 1644 Grayson Ave
Exhibit A - 1460 Grayson Ave
Exhibit A - Palmer Drive
Agenda Item #9.3.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
(1) Consideration of a Resolution to set a Public
Hearing for 6:00 p.m., Tuesday, August 8th, 2023, to
consider objections to the proposed annexation of the
properties known as 2175 Palmer Drive, St Helena, CA
(APN 009-690-014), into the St. Helena Municipal Sewer
District No. 1, MSD Annexation No. 142; 2125 Palmer
Drive, St Helena, CA (APN 009-690-015), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation
No. 143; 1460 Grayson Avenue, St Helena, CA (APN 009-
340-004), into the St. Helena Municipal Sewer District
No. 1, MSD Annexation No. 143; 1644 Grayson Avenue,
St Helena, CA (APN 009-280-024), into the St. Helena
Municipal Sewer District No. 1, MSD Annexation No. 144.

RECITALS
A. The owner of 2175 Palmer Drive, St Helena, CA (APN 009-690-014) has requested annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 142; and
B. The owners of 2125 Palmer Drive, St Helena, CA (APN 009-690-015) has requested annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 143; and
C. The owner of 1460 Grayson Avenue, St Helena, CA (APN 009-340-004) has requested annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 144; and
D. The owner of 1644 Grayson Avenue, St Helena, CA (APN 009-280-024) has requested annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 145; and
E. The legal descriptions and boundaries for the Properties to be annexed are provided in Exhibit A.

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

Agenda Item #9.3.

1. The City Council declares that the areas to be annexed to the district will be benefited by such annexation; and

2. A hearing to consider any objection to the proposed annexation of the properties into the City of St. Helena Municipal Sewer District No. 1 is hereby set for Tuesday August 8th, 2023, commencing at 6:00 PM or soon thereafter as the matter can be heard, at the Vintage Hall Board Room, 465 Main Street, St.

Helena, California; and

3. The City Clerk shall cause a certified copy of this resolution, together with the names of the members of the City Council voting for and against it, to be published once a week for two successive weeks in a newspaper of general circulation in accordance with Health and Safety Code Section 4610; and

4. The City Clerk shall cause a certified copy of this resolution to be posted in three public places within the area to be annexed in accordance with Health and Safety Code Section 4610; and

5. The City Clerk shall cause a certified copy of this resolution to be mailed to each person to whom land in the area to be annexed as shown on the last county assessment roll in accordance with Health and Safety Code Section 4610.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023 by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.3.

1644 Grayson Avenue
Agenda Item #9.3.

1460 Grayson Avenue
Agenda Item #9.3.

2125 Palmer Drive 2175 Palmer Drive
Agenda Item #9.3.

1 Cindy Tzafopoulos
From: Doug Shafer <[email protected]>
Sent: Thursday, June 22, 2023 4:19 PM
To: Cindy Tzafopoulos
Cc: Mario Traverso
Subject: [External] Agenda Item 9.3 - June 27, 2023, City Council Regular Meeting / Palmer Drive Sewer Annexation
June 22, 2023
St. Helena City Council
c/o City Clerk
1088 College Ave
St. Helena, CA 94574
Delivery via email to [email protected]  (Hi Cindy, Could you please confirm receipt of this e‐mail?  Thanks, Doug)
RE:         Agenda Item 9.3 – June 27, 2023, City Council Regular MeeƟng Palmer Drive Sewer AnnexaƟon
Mayor Dohring and Councilmembers,
We reside at 1970 Dean York Lane, and we wish to provide comments on the proposed Palmer Drive sewer annexaƟon.  We understand that annexaƟon is the first step that is followed by an applicaƟon to the City to construct an extension of the City’s sewer line. Our comments are not directed at annexaƟon, but we want to be clearly on the record with the informaƟon provided below at this earlier stage.  We look forward to conƟnuing communicaƟons with the City and nearby property owners as the process moves forward.

By way of background, we extended the City’s sewer system in 2012 to its present locaƟon in Dean York Lane.  In doing so, we bore the cost of City infrastructure that would benefit other properƟes on Dean York Lane and Palmer Drive seeking to connect to the City’s sewer system.  A Reimbursement Agreement approved by the City in 2012[1] provides that we are repaid by benefited property owners as those owners connect to the City’s sewer system.  In the 11 years since we extended the sewer line up Dean York Lane, we have not received reimbursements for the substanƟal cost to install the extension.  We expect that reimbursement will be part of the process going forward.

Much has changed in St. Helena over the last decade.  The City has a new General Plan, new State mandated housing numbers, newly approved subdivisions, and a pending Comprehensive Zoning Code Update.  As you all probably remember, residents on Dean York Lane and Palmer Drive opposed the proposed zoning change that would promote subdivisions and denser development in this established and historic neighborhood.  That opposiƟon, including our emailed comments, was voiced to the City Council and Planning Commission during a joint session on December 7, 2022.

Given these changes and the foreseeable zoning update, it now seems a real possibility that a sewer extension would provide growth inducing infrastructure on Palmer Drive rather than just providing a convenience for exisƟng residents.  Because the Zoning Code Update has not yet been finalized, we would ask that City Council confirm the sewer extension could not be used as a reason to support the denser zoning that residents in this area have gone on record opposing.

Agenda Item #9.3.

2 Lastly, we understand that the sewer line would be installed within Palmer Drive, which lies within a private easement over our property.  This easement allows only the roadway and does not include permission for uƟliƟes such as the planned sewer line to serve Palmer Drive.  Therefore, installing a sewer line in Palmer Drive will require an addiƟonal easement over our property. Again, we look forward to future communicaƟons regarding the terms of a sewer easement over our property.

Please feel free to contact us with any quesƟons. Thank you for your consideraƟon of our comments.

Respecƞully,
Doug and AnneƩe Shafer
1970 Dean York Lane
cc:          Mario Traverso ([email protected]) [1] The Reimbursement Agreement dated May 8, 2012 is recorded as document number 2012‐00161173 in the Official Records of Napa County. The existing residences on Paler Drive are listed and depicted as benefited properties in Exhibit B of the Reimbursement Agreement.
[1] The Reimbursement Agreement dated May 8, 2012 is recorded as document number 2012‐00161173 in the Official Records of Napa County. The exisƟng residences on Paler Drive are listed and depicted as benefited properƟes in Exhibit B of the Reimbursement Agreement.

Agenda Item #9.3.

1 Cindy Tzafopoulos
From: Sharon Crull <[email protected]>
Sent: Monday, June 26, 2023 2:12 PM
To: Cindy Tzafopoulos
Cc: Mario Traverso; Ben Davenport; [email protected]
Subject: [External] Agenda Item 9.3-June 27, 2023 Regular City Council Meeting/Palmer Drive Sewer Annexation
Mayor Dohring and Councilmembers‐
I am responding to Doug and Annette Shafer's correspondence related to the above‐referenced agenda item.

My husband Timm and I own the parcel located at 2125 Palmer Drive. We are fully aware of our obligation to the Shafers under the Reimbursement Agreement approved by the City in 2012, and have acknowledged this to Mr. Shafer's attorney.

We, too, were part of the group of residents that opposed the zoning change in December 2022. We are not seeking to be annexed into the St. Helena Municipal Sewer system "to provide growth inducing infrastructure on Palmer Drive...." and connecting to the municipal sewer system is not just providing us a "convenience." All of the septic systems on Palmer Drive were installed in the late 1950s, and are failing. Given the proximity to York Creek, we believe that connecting to the City's sewer is the environmentally correct way to proceed, despite the fact that doing so is extremely expensive.

Lastly, the sewer line would be installed under the current pavement of Palmer Drive, and that does lie within a private easement over the Shafer's property. Installing the pipe would require an additional easement over the Shafer's property, as did the easements the Shafers obtained in 2012 from the owners of the parcels along Dean York Lane when they brought the sewer line to their property. Dean York Lane, like Palmer Drive, is a private road.  We look forward to future communications regarding these issues.

Sincerely,
Sharon Crull
‐‐
Sharon Crull
Proprietor | The Terraces
phone: (707) 963-1707
mobile: (415) 519-0106
site: terraceswine.com
email: [email protected]


Agenda Item #9.3.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution Extending the Waiving of Sign Fees for Businesses
CEQA
Determination:

Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
On October 12, 2021, the City Council approved a resolution temporarily waiving sign permit fees in support of encouraging business recovery in the community during the COVID-19 Pandemic. The program was extended in July of 2022 due to remaining vacant storefronts on Main Street and a continued need to encourage investment downtown.

Though the pandemic is over, the impacts are still lingering combined with the uncertainty of the financial markets making investing less enticing. Staff has prepared this item to request the City Council's consideration of a further extension of the waiving of sign permit fees.

DISCUSSION
The City Planning and Building Department administers and processes sign permits. The current fee for a sign permit is $500 and the fee for signs requiring Planning Commission approval is $1,000, which does not include the required building permit fee. The City is currently evaluating the recommended sign fee which will incorporated into the Master User Fee Schedule. Until the Master User Fee schedule is adopted and since many businesses are still trying to recover from the economic impact of the COVID-19 pandemic, and fears or a financial recession it is recommended that all sign related fees continue to be waived for an interim period of time through June 30, 2024, or until the adoption of the revised Master User Fee Schedule, (whichever occurs first), including the associated building permit fees. Business owners needing a new or revised sign would Agenda Item #9.4.

still need to complete a sign permit application and comply with the applicable sign code zoning standards.

FISCAL IMPACT
Due to the limited number of sign permit applications the City receives, the loss of sign permit revenue for the remainder of the fiscal year is not expected to have a significant fiscal impact.

RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution.

ATTACHMENTS
Attachment A_ Draft Resolution Waiving Sign Fees
Agenda Item #9.4.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
RESOLUTON OF THE COUNCIL OF THE CITY OF ST. HELENA

WAIVING ALL FEES RELATED TO SIGN PERMITS THROUGH
JUNE 30, 2023 OR UNTIL ADOPTION OF UPDATED MASTER

FEE SCHEDULE, WHICHEVER OCCURS FIRST

RECITALS
A. The City desires to continue to foster economic growth and investment in the City; and
B. Due to COVID-19 and the associated residual economic impacts to businesses in the City, there is a need for the City to reduce economic burdens through eliminating various application fees; and C. The City is aware that the costs to obtain a sign permit in relation to the cost of the sign are burdensome for businessowners; and
D. Eliminating all sign fees and related building permit fees for signs through June 30, 2024 or until an updated Master Fee Schedule is adopted (whichever occurs first) would benefit economic recovery in the City and create incentive for new businesses to locate in St. Helena; and E. The continued temporary waiving of sign fees is consistent with the Business Recovery Strategy to stimulate new investment downtown; and

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

The City Council approves the waiving of all sign related fees through June 30, 2024, or until the adoption of an updated Master Fee Schedule, whichever occurs first.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023, by the following vote:

Agenda Item #9.4.

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

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution Approving a one-year agreement with MarinIT to Provide
Informational Technology Services for an Amount not-toexceed $299,006 for FY 2023-24.

CEQA
Determination:

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

BACKGROUND
An informal solicitation of proposals was conducted in 2012 and MarinIT was selected from this process. The City has contracted with MarinIT for the past ten years to provide 24/7 network support as well as workstation/desktop maintenance. In FY 2017-18 the City added additional support services for the new VoIP phone system that the City implemented in December of 2017 which increased the Informational Technology (IT) Support Agreement from $60,000 to $80,000 annually. In FY 2019-20, the City migrated to the Office 365 Subscription which added additional costs to the overall MarinIT contract, as this is a pass-through cost to the City. In FY 2021-22 the City added enhanced Cybersecurity and Network Monitoring to the MarinIT contract adding an additional $34,000 to the annual contract. Excluding special projects and the addition of mobile device management, FY 2022-23 agreement was a 6% increase over the FY 2021-22, primarily due to an increase in licenses and enhanced security scans.

DISCUSSION
The City is satisfied with the services provided and recommends continuing to contract with Marin IT in FY 2023-24 for its citywide IT services. The services the City current receives from MarinIT includes: (1) general IT support services, (2) facilitation of annual licensing, warranty and software renewals; (3) cyber security awareness, monitoring, and Agenda Item #9.5.

training and (4) management and implementation of various annual IT needs, including special projects such as the purchase and installation system hardware at various City facilities. Table 1 provides details for the FY 2023-24 recommendations.

Table 1: FY 2023-24 MarinIT Recommendations
Description Cost
Managed Services - Annual
Onsite IT Service, Support, Maintenance 162,240
KnowBe4 Cyber Security 6,000
Mobile Device Management 13,520
Hosted Servers, VM Licensing, & Maintenance 15,120
Subtotal 196,880
Subscription Services
Automate Proactive - Anti- Virus/Malware 41,340
Barracuda - Cloud Data Backup 3,900
KnowBe4 Cyber Security 2,902
Subtotal 48,142
Annual Maintenance Renewals
Hardware Maintenance/Support Renewal 6,500
Subtotal 6,500
Other
Contract Contingency 10,000
Subtotal 10,000
Special Projects
Recreation Center Hardware Upgrade - Equipment Costs 7,648 Carnegie Center Hardware Upgrade Equipment - Equipment Costs 7,648 Wastewater Treatment Plant and Corp Yard Hardware Upgrade - Equipment Costs 6,467
Recreation Center Data Cabling 7,000
Wastewater Treatment Plant Data Cabling 2,500
Labor and Technical Services for Special Projects 4,640 Estimated Tax 1,581
Subtotal 37,484
TOTAL 299,006
Excluding special projects included in FY 2022-23, the recommended agreement is a

29.4% increase over the FY 2021-22 and is primarily due to additional on-site hours for IT support to better meet the needs of the organization. The costs associated with equipment replacement will be charged to the designated Equipment Replacement Fund and all other costs are distributed between the General Fund, Water Fund, and Wastewater Fund.

FISCAL IMPACT
Agenda Item #9.5.

Total fiscal impact is $299,006 and has been included in the Fiscal Year 2023-24 annual budget adopted by City Council on June 13, 2023.

RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution.

ATTACHMENTS
PSA Marin IT FY 2023-24 IT Support
Resolution - MarinIT Agreement
Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on June 27, 2023 by and between the City of St. Helena, located in the County of Napa, State of California (City), and MarinIT (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as FY 2023-24 COSH IT Annual Support.

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

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

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

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

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

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Scope of Services” attached hereto and made a part hereof. Total compensation shall not exceed $299,006 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, and the amount remaining on the Agreement. City shall independently review each invoice Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
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.

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 Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

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

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

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

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

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

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

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

3. Employer’s Liability: $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. Cyber Liability Insurance.

1. Cyber Liability Insurance with limits not less than $1,000,000 per claim.

2. Coverage shall be sufficient broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

3. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

E. Excess Limits. If Consultant maintains higher limits than the minimums shown Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
insurance policies, including endorsements affecting the coverage required by these specifications at any time.

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

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

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

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

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

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

G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of 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 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 Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
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 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.

Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

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

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

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

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

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

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.

Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

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

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

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

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.

Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

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

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

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

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

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

To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: MarinIT
366 Bel Marin Keys Blvd.

Novato, CA 94939
Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
415-842-3275
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

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

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

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

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

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

Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

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

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

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

SECTION 29 – SEVERABILITY
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 Agenda Item #9.5.

MarinIT, FY 2023-24 Annual Support
Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.

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

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.

Consultant: City:

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

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #9.5.

Prepared for City of St. Helena
City of St. Helena IT Support FY2023-2024-REV2
Quote#2023-003529 v1

PREPARED FOR PREPARED BY
Mandy
Kellogg
[email protected]
(707) 968-2649
Tim Bush
[email protected]
(415) 842-3251
,
EXHIBIT A Agenda Item #9.5.

www.marinit.com -
Friday, June 16, 2023
City of St. Helena
Mandy Kellogg
1088 College Avenue
St. Helena, CA 94574
[email protected]
Dear Mandy,
Marin IT, Inc. is pleased to provide City of St. Helena with our proposal for Managed IT Support.

IT support Scope of Work - Marin IT, Inc. Responsibilities As part of this agreement it is our understanding that we will be provide the IT support required for City of St. Helena to continue daily operations including, but not limited to, support and maintenance of the following:
 Workstations (Desktops, Laptops, All-in-One, Police MDT's)  Servers & Virtual Machine (VM) Hosts
 Network Equipment (Switches, Firewalls, Routers, Wireless Access Points)  Business Network/Back Office - MS Active Directory, user accounts and access, Office 365 Apps and Email, Adobe, antivirus, etc.  Frontline support and maintenance for Police CAD/RMS
Additionally, Marin IT will provide the following MSP services:
 Business security and continuity - security awareness training, email SPAM & Malware filtering, data backup (including cloud-to-cloud)
 Remote monitoring and management of computers, servers, and tablets/iPad's Marin IT technicians are expected to work with the City of St. Helena in supporting the network. We will provide an online service ticket and tracking system.

In the event that issues arise which are outside of the scope of this proposal Marin IT will discuss any fee impact with the designated City of St. Helena representative before proceeding with the work.

Client Responsibilities:
 All client and server software licenses associated with this agreement will be obtained & managed by the end user  City of St. Helena will be responsible for communicating needs & changes thru the designated representative / channels only.
 Client is responsible for providing reasonable/timely access to all buildings, offices, devices, laptops, smart phones, tablets, etc.

Quote #2023-003529 v1 Page: 2 of 11
Agenda Item #9.5.

www.marinit.com -
Change / System Upgrade Process:
 Identify and discuss the need for the change with client  Identify the additional tasks, which need to be performed in order to complete the change in scope.  Estimate the cost associated with the additional scope, and determine the impact on network operation.  Schedule and manage
Pricing/Rate Schedule:

In an effort to maintain satisfactory Help desk and Maintenance levels, this proposal is meant to provide weekly Maintenance and Help Desk support, both onsite and remote for City of St. Helena. It does not include “On-Demand” (T&M) and/or higher tier support that fall outside the managed services scope, nor does it include special projects. The rate schedule is detailed below.

Some examples of special projects are:
 New system config and install (PC’s, Servers, network equipment, etc.).  Replacement/upgrades of existing hardware in the event of a failure  New Version upgrades for major applications (RIMS, Financial software, Doc Management apps/software, etc)  Office expansions/relocations
 Infrastructure upgrades – data cabling, fiber optic installs, Internet upgrade(s), VoIP/Telecom upgrades,etc.

Any additional projects or on-site service will be chargeable at the rates described below. For all projects that fall outside the service agreement scope, Marin It will provide a detailed proposal with costs for both goods and services. No product will be ordered, nor will any (billable) work be performed without approval from a/the designated City of Calistoga representative. This agreement does not include hardware/software replacement or upgrades.

Our charge for MSP and contracted service is detailed in the "Managed Services" section. All rates shown here are for support during normal business hours (Monday through Friday between 8:00 AM and 5:30 PM). Marin IT is proposing (16) hours every week for onsite maintenance and support (1 year, totaling 832 hours). Our standard rate is $145 per hour for this type of service; however Marin IT is extending a discounted municipal government/public safety rate of $130 per hour. Marin IT will bill the standard rate 1/2 hour increments for On-Demand Help Desk services (incidents that fall outside the weekly visits). The rate schedule is as follows:
 Service Desk Tech level 1 or 2 - $145 per hour
 SYS Admin - $155 per hour
 Network/Systems Engineer - $165 per hour
 Tier 3 Network/Systems engineer - $185 per hour
 Project and IT Management - $165 per hour
Rates for overtime, nights, weekends will be billed at 1 ½ times the T&M rate ($145). After hours emergency calls for remote support requires a 2-hour minimum at the OT rate. Onsite Emergency support is needed, there is a $200 mobilization fee and a 2-hour minimum.

On-site Emergency calls for all holidays require a $200 call-out fee, and a 2-hour minimum at 2 times the base T&M rate (currently $145 per hour). Remote support fees for holidays will be billed at 2-hours upfront, then at 30 minutes intervals after the initial two hours with no call-out fee. Unless you are a public safety organization or a hospital, Marin IT does not provide any service on the following days: January 1st, Memorial Day, 4th of July, Thanksgiving Day, and the day after Thanksgiving, Christmas Eve after 12 pm, and Christmas Day.

Clients are billed monthly for all services rendered. Payment is on net-30 terms. If a client has a balance due that is 60 days or older, no service will be performed until the account is made current. Marin IT does not accept credit cards.

Quote #2023-003529 v1 Page: 3 of 11
Agenda Item #9.5.

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Invoicing
Payment shall be made within 30 days of the date of invoice. Invoices will include the date of service and a description of the services rendered. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.

Termination of Agreement
 Term: The length of this agreement is for one year and begins on July 1, 2023.  Discretionary: After the first 9 months of the initial term, either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Any fee waivers will be payable to Marin IT & will be included in the final bill. All rates for services will become billable at the current project/T&M rates on the date of notification.
 Cause: Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.
 Effect of Termination: Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other.  Return of Documents: Upon termination, any and all documents or materials provided to Marin IT and any and all of Marin IT documentation and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to the designated City of St. Helena representative as soon as possible, but not later than thirty (30) days after termination.

Non-Solicitation
During the term of this agreement, and for a period of one (1) year thereafter, neither party will directly or indirectly solicit away employees or consultants of the other party.

Tim Bush
Director of Accounts
Marin IT
Quote #2023-003529 v1 Page: 4 of 11
Agenda Item #9.5.

www.marinit.com -
Managed Services
DESCRIPTION PRICE QTY EXT. PRICE
IT Service, Support, Maintenance - Billed Monthly - Onsite and Remote
 24 hours per week for 1 year @ $130 per hour
 Total of 1248 hours annually
Onsite Services performed:
 Help Desk Ticket/end-user break/fix resolution
 Server Maintenance - DNS, DHCP, patching/hot-fixes, verify and test data backup, examine server logs, etc
 End-user device and peripheral maintenance
 Network device maintenance - firmware updates, examine log files, misc adjustments as needed
 MDT & CAD/RMS support (PD)
 Software support/updates
 Device software/firmware updates
 Office 365 management/administration
$13,520.00 12 $162,240.00
KnowBe4 Onboarding - Account & Campaign Setup - One Time Charge
$1,000.00 1 $1,000.00
Project Management for KnowBe4 - One-Time Annual Billing  Coordinate campaign with CoC management staff
 Build campaign and publish videos, prepare end-user
communications
 Monitor training - begin email campaign
 Monitor and prepare reports as needed
 Present to CoC management and plan post-campaign action items
 Covers 2 campaigns for the year - billed at the start of the campaign
1 Campaign annually is the minimum, however Marin IT recommends running 2 the first year
$2,500.00 2 $5,000.00
Quote #2023-003529 v1 Page: 5 of 11
Agenda Item #9.5.

www.marinit.com -
Managed Services
DESCRIPTION PRICE QTY EXT. PRICE
Mobile Device Management - Billed Monthly
 Estimated at 2 hours per week at $130 per hour (104 hours annually)
 Maintain phone list
 Place orders for new hires
 Activate/deactivate as needed
* - Billed as needed - client only billed for hours used $13,520.00 1 $13,520.00
Hosted Servers
Monthly Recurring for Hosted Domain Controllers $255.00 12 $3,060.00 Monthly Recurring for Hosted File Server $900.00 12 $10,800.00 Monthly Recurring for VM Licensing and Maintenance $105.00 12 $1,260.00 Subtotal: $196,880.00
Subscription Services
DESCRIPTION PRICE QTY EXT. PRICE
Automate Proactive Monitoring and Remote Control - Includes AntiVirus/Malware with EDR Billed Monthly  PC and Server
 Includes software - anti-virus/malware with EDR
o EDR - Endpoint Detection and Response
o Real-time continuous monitoring and endpoint data
analytics with advanced reporting and rule-based
automated response to threats
 Up to 106 devices (Servers, PC/MAC) @ $32.50 each per month ($3445.00 monthly)
 Pro-active system monitoring and alerting
 Advanced IT asset inventory reporting and management
 Secure remote control
* - Device count will be adjusted as needed - Client only billed for devices in use, which is currently at 106 devices
** - License renewal fee of $2500 waived
$3,445.00 12 $41,340.00
Quote #2023-003529 v1 Page: 6 of 11
Agenda Item #9.5.

www.marinit.com -
Subscription Services
DESCRIPTION PRICE QTY EXT. PRICE
Barracuda - Intronis cloud data backup - Billed Monthly @ $325.00  Real-time backup for Servers and computers (physical or VM)  Rapid recovery with physical to virtual recover capability  Object-level restore
$325.00 12 $3,900.00
KnowBe4 Diamond - Security awareness training and Simulated Phishing platform
Up to 65 subscription seats of KnowBe4 Diamond level cyber security awareness training platform - $27.50 per user, per year, - $1,787.50 KnowBe4 Diamond level includes:
 Training videos to help users identify phishing and ransomware attacks.
 Printed materials reminding users about cyber security and how to identify phishing and ransomware attempts.
 Simulated phishing campaigns to measure cyber security awareness, both prior to initial training and ongoing.
 Phish Alert Button Outlook Plug-in for reporting suspicious email to IT.
 Second Chance - Link Transparency for Outlook. - Second Chance is a pop-up window to show the URL you're about to go to, regardless of how it's displayed in the body of the email.  End User clicker reports for measuring training efficacy.  Remedial Training for "clickers", users who click links in simulated phishing emails following training.
 Reported phishing attack statistics.
 Reports on training attendance per user.
* Marin IT recommends at least 1 campaigns per year
** Client only billed for actual licenses required. Total will be adjusted as needed
$2,200.00 1 $2,200.00
Quote #2023-003529 v1 Page: 7 of 11
Agenda Item #9.5.

www.marinit.com -
Subscription Services
DESCRIPTION PRICE QTY EXT. PRICE
KnowBe4 PhishER - Automatic and Safe Analysis of Reported Phishing Attempts
KnowBe4 PhishER - Automatic and Safe Analysis of Reported Phishing Attempts - Priced at $10.80 per user, per year for 65 users - $702.00* When users report suspected phishing attempts with the Phish Alert button in Outlook, the message needs to be analyzed to determine if it's a legitimate email (false positive) or a threat. As phishing attempts are getting more sophisticated, this becomes more challenging, and more error prone, for a human.

Phish ER is an AI that scans the suspected phishing attempt and analyzes it against known malicious attempts across the organization. If a message is found to be malicious, it scans for other instances in the organization. If a message is found to be clean and falsely reported, it is returned to the user. And it does all of this faster than a human ever could, which is important because reaction time is a factor in mitigating cyber security events.
*This is not a requirement for cyber security awareness training, but it mitigates the risks of either triggering an event by trying to evaluate it, or falsely reporting (and deleting) an important message.
*Price will be adjusted + or - based on actual usage.
$702.00 1 $702.00
Subtotal: $48,142.00
Annual Maintenance Renewals
DESCRIPTION PRICE QTY EXT. PRICE
Estimated Annual Hardware Maintenance/Support Renewals
Estimated Annual maintenance agreements
 Cisco (firewalls, switches, routers)
 Meraki (Wireless)
 Palo Alto (Firewalls)
$6,500.00 1 $6,500.00
Subtotal: $6,500.00
Quote #2023-003529 v1 Page: 8 of 11
Agenda Item #9.5.

www.marinit.com -
Contingency
DESCRIPTION PRICE QTY EXT. PRICE
Budgetary Contingency
Recommended for unexpected, mission critical hardware, software or labor expenditures that cannot wait until the next budget cycle. Client must approve the expense.
$10,000.00 1 $10,000.00
Subtotal: $10,000.00
Quote #2023-003529 v1 Page: 9 of 11
Agenda Item #9.5.

www.marinit.com -
City of St. Helena IT Support FY2023-2024-REV2
Prepared by: Prepared for: Quote Information:

Marin IT
Tim Bush
(415) 842-3251
[email protected]
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Mandy Kellogg
(707) 968-2649
[email protected]
2023-003529
Version: 1
Delivery Date: 06/16/2023
Expiration Date: 07/16/2023
Quote Summary

DESCRIPTION AMOUNT
Managed Services $196,880.00
Subscription Services $48,142.00
Annual Maintenance Renewals $6,500.00
Contingency $10,000.00
Total: $261,522.00
Prices: Quoted product pricing is valid for thirty (30) days assuming product availability, and does not include applicable taxes and freight.

Buyer agrees to pay reasonable shipping charges and all applicable taxes (excluding income taxes). Services include only those items specified in the quotation. Additional services may be provided at Marin IT’s then standard billing rates.

Payment: Payment shall be made within 30 days of the date of invoice. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.

Warranties: Product warranties, if any, are provided by the manufacturer or publisher of the products. MARIN IT, INC. MAKES NO

WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHATSOEVER. ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Liability: CUSTOMER AGREES THAT THE LIABILITY OF MARIN IT FOR DIRECT DAMAGES RELATED TO ANY PRODUCT OR

SERVICE ARISING UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE NET AMOUNT PAID TO MARIN ITBY CUSTOMER FOR THAT PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

MARIN ITSHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MARIN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY

MAKES ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD PARTY INFORMATION OR PRODUCTS PROVIDED TO EACH OTHER, ALL OF WHICH ARE PROVIDED, SOLD OR LICENSED "AS IS," AND THE PARTIES AGREE TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE THIRD PARTY.

Quote #2023-003529 v1 Page: 10 of 11
Agenda Item #9.5.

www.marinit.com -
Marin IT City of St. Helena
Signature:

Name: Tim Bush
Title: Director of Accounts
Date: 06/16/2023
Signature:

Name: Mandy Kellogg
Date:

Quote #2023-003529 v1 Page: 11 of 11
Agenda Item #9.5.

Prepared for City of St. Helena
St. Helena - IT Projects FY 2023-24
Quote#2023-003525 v1

PREPARED FOR PREPARED BY
Mandy
Kellogg
[email protected]
(707) 968-2649
Tim Bush
[email protected]
(415) 842-3251
,
Agenda Item #9.5.

www.marinit.com -
Thursday, June 15, 2023
City of St. Helena
Mandy Kellogg
1088 College Avenue
St. Helena, CA 94574
[email protected]
Dear Mandy,
Marin It would like to thank City of St. Helena for this opportunity. If you have any questions please contact Tim Bush directly.

Project Justification for St. Helena IT projects FY 2023-2024:

Parks and Recreation:

Over the years we repaired instead of replaced because the plan was to move them out. Now that they are going to stay, it is time to upgrade the data cabling and network hardware. The current cabling infrastructure is over 20 years old and was not installed to industry standards.It is a mix of Category 3 (went obsolete in 1995), and CAT 5 (obsolete in 2001). With regard to their network hardware, it is all and of life.

Again, we left it in play because the plan was to move them out. In order to meet the current demands of the P&R staff, and to maintain the required network security levels, in addition to providing better performance, it should be replaced.

WTP Cabling:

The current cabling consists of patch cables strung around the office that all lead back to the IT Closet. It Most of it no longer works, and we have had to install a couple small network hubs to keep their network alive. There have been numerous network interruptions/issues because of the poor condition of the cable infrastructure.Security is also a concern due to unmanaged equipment being used.

Carnegie Center:

The network equipment in this location has been end of life for some time. Since the building has not been used much the past several years, it was decided to leave it as-is. The city has recently started using the building with more frequency, and the age of the gear has proven to be troublesome & needs to be rebooted several times per month to keep it working. The obsolete firewall is also a security issue since it is a node on the COSH WAN - we can no longer install security patches to keep up with the required security levels.

Quote #2023-003525 v1 Page: 2 of 9
Agenda Item #9.5.

www.marinit.com -
Network Switches - CorpYard and WasteWater Plant
Both devices failed recently, and spare equipment was used to bring them back on line. The originals and the spare equipment are all end of life.

Tim Bush
Director of Accounts
Marin IT
Quote #2023-003525 v1 Page: 3 of 9
Agenda Item #9.5.

www.marinit.com -
Rec Center Hardware Upgrade
DESCRIPTION PRICE QTY EXT. PRICE
Firewall - Palo Alto Networks PA-450 $3,276.90 1 $3,276.90 Firewall Support - PA-450 premium support, 1 year , term. $481.80 1 $481.80 Network Switch Cisco Catalyst C-1000
 24 Ports - up to 1GB speed
 Full PoE+
$2,301.77 1 $2,301.77
Network Switch Support - Cisco SmartNet - Service - Replacement Warranty - 8 x 5 x Next Business Day
$275.51 1 $275.51
Misc Materials
Cables, connectors, installation hardware, cable management, etc $500.00 1 $500.00
Battery Backup - APC by Schneider Electric Smart-UPS 1500VA  LCD RM 2U 120V with SmartConnect
 2U Rack-mountable
 3 Hour Recharge - 120 V AC Input - 120 V AC, 110 V AC, 127 V AC Output - Sine Wave - Serial Port
$812.47 1 $812.47
Subtotal: $7,648.45
Carnegie Center Hardware Upgrade
DESCRIPTION PRICE QTY EXT. PRICE
Firewall - Palo Alto Networks PA-450 $3,276.90 1 $3,276.90 Firewall Support - PA-450 premium support, 1 year , term. $481.80 1 $481.80 Network Switch Cisco Catalyst C-1000
 24 Ports - up to 1GB speed
 Full PoE+
$2,301.77 1 $2,301.77
Network Switch Support - Cisco SmartNet - Service - Replacement Warranty - 8 x 5 x Next Business Day
$275.51 1 $275.51
Misc Materials
Cables, connectors, installation hardware, cable management, etc $500.00 1 $500.00
Quote #2023-003525 v1 Page: 4 of 9
Agenda Item #9.5.

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Carnegie Center Hardware Upgrade
DESCRIPTION PRICE QTY EXT. PRICE
Battery Backup - APC by Schneider Electric Smart-UPS 1500VA  LCD RM 2U 120V with SmartConnect
 2U Rack-mountable
 3 Hour Recharge - 120 V AC Input - 120 V AC, 110 V AC, 127 V AC Output - Sine Wave - Serial Port
$812.47 1 $812.47
Subtotal: $7,648.45
WWTP and CorpYard Harware Upgrades
DESCRIPTION PRICE QTY EXT. PRICE
Network Switch Cisco Catalyst C-1000
 24 Ports - up to 1GB speed
 Full PoE+
$2,301.77 2 $4,603.54
Network Switch Support - Cisco SmartNet - Service - Replacement Warranty - 8 x 5 x Next Business Day
$275.51 2 $551.02
Misc Materials
Cables, connectors, installation hardware, cable management, etc $500.00 1 $500.00
Battery Backup - APC by Schneider Electric Smart-UPS 1500VA  LCD RM 2U 120V with SmartConnect
 2U Rack-mountable
 3 Hour Recharge - 120 V AC Input - 120 V AC, 110 V AC, 127 V AC Output - Sine Wave - Serial Port
$812.47 1 $812.47
Subtotal: $6,467.03
Quote #2023-003525 v1 Page: 5 of 9
Agenda Item #9.5.

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Data Cabling
DESCRIPTION PRICE QTY EXT. PRICE
Park & Rec New Data Cabling
 Installation of (6) Dual-Data CAT-6 Ethernet cables in each office (12) total cables
 Installation of (2) single data runs to the following locations:

Above counter top to the right of the kitchen, in the main entryway roughly 6 feet high (for Wireless Access-point)  Provide and install (1) 24-port patch panel
 Provide and install (1) 1/4 height wall-mount data cabinet in basement for housing network equipment and cabling
 Terminate label and test each data cable
 Total of (14) data cables
$7,000.00 1 $7,000.00
WTP New Data Cabling
 Installation of (3) Dual-Data CAT-6 Ethernet cables to the main office area (6) total cables
 Installation of (1) single data runs to the SCADA computer desk  Provide and install (1) 24-port patch panel
 Terminate label and test each data cable
 Total of (7) data cables
$2,500.00 1 $2,500.00
Subtotal: $9,500.00
Professional Services
DESCRIPTION PRICE QTY EXT. PRICE
Labor, Technical Services for Carnegie Network Upgrade
 Bring firewall online, register and run updates
 Pull config from existing firewall and modify as needed - apply to new device
 Pre-Configure network switch - management IP, VLAN
configuration, PoE Settings, etc
 Deliver and install:
o Swing Comcast connection to new Firewall, bring VPN
tunnels to core online and verify connectivity
o Install network switch and move all data ports to new switch
o Test network connectivity and adjust as needed
$145.00 12 $1,740.00
Quote #2023-003525 v1 Page: 6 of 9
Agenda Item #9.5.

www.marinit.com -
Professional Services
DESCRIPTION PRICE QTY EXT. PRICE
Labor, Technical Services for Park & Rec Upgrade
 Bring firewall online, register and run updates
 Pull config from existing firewall and modify as needed - apply to new device
 Pre-Configure network switch - management IP, VLAN
configuration, PoE Settings, etc
 Deliver and install:
o Swing Comcast connection to new Firewall, bring VPN
tunnels to core online and verify connectivity
o Install network switch and move all data ports to new switch
o Test network connectivity and adjust as needed
$145.00 12 $1,740.00
Labor, Technical Services for CorpYard & WWTP Switch Installs  Pre-Configure network switch - management IP, VLAN
configuration, PoE Settings, etc
 Deliver and install:
o Install network switch and move all data ports to new switch
o Test network connectivity and adjust as needed
$145.00 8 $1,160.00
Subtotal: $4,640.00
Quote #2023-003525 v1 Page: 7 of 9
Agenda Item #9.5.

www.marinit.com -
St. Helena - IT Projects FY 2023-24
Prepared by: Prepared for: Quote Information:

Marin IT
Tim Bush
(415) 842-3251
[email protected]
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Mandy Kellogg
(707) 968-2649
[email protected]
2023-003525
Version: 1
Delivery Date: 06/15/2023
Expiration Date: 07/14/2023
Quote Summary

DESCRIPTION AMOUNT
Rec Center Hardware Upgrade $7,648.45
Carnegie Center Hardware Upgrade $7,648.45
WWTP and CorpYard Harware Upgrades $6,467.03
Data Cabling $9,500.00
Professional Services $4,640.00
Subtotal: $35,903.93
Estimated Tax: $1,580.86
Total: $37,484.79
Terms and Conditions: By signing this quote, Buyer agrees to the following Terms and Conditions unless a Master Agreement is negotiated between the parties, where the Master Agreement shall govern.

Prices: Quoted product pricing is valid for thirty (30) days assuming product availability, and does not include applicable taxes and freight. Buyer agrees to pay reasonable shipping charges and all applicable taxes (excluding income taxes). Services include only those items specified in the quotation. Additional services may be provided at Marin IT’s then standard billing rates.

It is understood and agreed that end customer will accept and pay invoice of any product once it has been received at the Marin IT warehouse regardless of if it has been delivered to the final installation location or if it is being held at the Marin IT facility and that title to the Products will transfer to client upon invoicing.

While taking title to these products includes assuming the risk of loss, Marin IT insures equipment stored in its facility. Title having transferred to client, it is understood that there is risk of obsolescence and that the Products are not covered by price protection.

We agree to make payment on all invoices delivered to us by Marin IT with respect to the Products strictly in accordance with the terms thereof without defense, offset, deduction, recoupment or counter claim of any kind arising from the fact that the Products were not delivered to us at the time the invoice was delivered and were stored by Marin IT.

Payment: Payment shall be made within 30 days of the date of invoice. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.

Warranties: Product warranties, if any, are provided by the manufacturer or publisher of the products.

MARIN IT, INC. MAKES NO WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHATSOEVER. ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" BASIS. Limitation of Liability: CUSTOMER AGREES THAT THE LIABILITY OF MARIN IT FOR DIRECT DAMAGES RELATED Quote #2023-003525 v1 Page: 8 of 9
Agenda Item #9.5.

www.marinit.com -

TO ANY PRODUCT OR SERVICE ARISING UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR

OTHERWISE, WILL NOT EXCEED THE NET AMOUNT PAID TO MARIN IT BY CUSTOMER FOR THAT PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM. MARIN ITSHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MARIN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY

MAKES ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD-PARTY INFORMATION OR PRODUCTS PROVIDED TO EACH OTHER, ALL OF WHICH ARE PROVIDED, SOLD OR LICENSED "AS IS," AND THE PARTIES AGREE TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE THIRD PARTY.

Marin IT City of St. Helena
Signature:

Name: Tim Bush
Title: Director of Accounts
Date: 06/15/2023
Signature:

Name: Mandy Kellogg
Date:

Quote #2023-003525 v1 Page: 9 of 9
Agenda Item #9.5.

CITY OF ST. HELENA
RESOLUTION NO. 2023-

APPROVING A ONE-YEAR AGREEMENT WITH MARIN IT

TO PROVIDE INFORMATION TECHNOLOGY SERVICES
FOR AN AMOUNT NOT-TO-EXCEED $299,006 for FY
2023-24.

RECITALS
A. In 2012, an informal solicitation of proposals was conducted for outsourced Information Technology services; and
B. Marin IT was selected from this process; and
C. The City has contracted with MarinIT for the past eleven years to provide 24/7 network support as well as workstation/desktop maintenance; and D. In FY 2017-18 the City added additional support services with MarinIT for the new VoIP phone system which was implemented in December 2017; and E. In FY 2021-22 the City added additional services for enhanced cyber security scans; and
F. In FY 2023-24 the City has requested to additional on-site support hours to meet the ongoing needs of the organization; and
G. The City desires to continue receiving professional information technology services on a limited and “as needed” basis in connection with information technology support and phone services; and
H. MarinIT has represented that they have the necessary expertise, experience, and qualification to perform the required duties.

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

1. The City Council approves the Agreement with MarinIT for a total not to exceed amount of $299,0066; and

2. The City Council authorizes the City Manager to execute the agreement on behalf of the City.

Agenda Item #9.5.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023 by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

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

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution (1) Approving the Memorandum of Understanding Between the
City of St. Helena and the St. Helena Professional
Firefighters Association (SHPFA) for a Three-year Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay
Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters Member Classifications.

CEQA
Determination:

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

BACKGROUND
On August 7, 2022, the St. Helena Professional Firefighters Association submitted a petition to be formally recognized as the exclusive bargaining unit for the members of the Association under the provisions of California State Labor Code Section 3500. The Association consists of six full-time Fire Department employees, in which all six employees affirmed by their signatures on the petition their full support for the request for recognition.

City Council approved Resolution 2022-96, which granted formal recognition of the St.

Helena Professional Fire Fighters Association. This action initiated the bargaining process to develop a Memorandum of Understanding (MOU) for the newly recognized St. Helena Professional Firefighters Association (SHPFA).

Agenda Item #9.6.

DISCUSSION
Negotiations began after Council approval and the City and the SHPFA have reached an agreement for the period of July 1, 2022 and expiring on June 30, 2025. This package includes changes in salary and benefits as listed in the Attached MOU.

Notable negotiated elements included in the agreement are as follows:

Article 7: Employee Compensation
 Section F. Work Period - Establishing the work period as a 14-day 106-hour work period.
 Section I. Cost of Living Adjustment (COLA)
a. July 1, 2022 – COLA increase of 5% for all unit members. b. July 1, 2023 – San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%.
c. July 1, 2024 - San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%
 Section J. Equity Adjustment
a. July 1, 2022 – Equity adjustment of 2.5%
b. January 1, 2023 – 2% equity adjustment
c. July 1, 2023 – 2% equity adjustment
d. January 1, 2024 – 2% equity adjustment
e. July 1, 2024 – 2% equity adjustment
f. January 1, 2025 – 2% equity adjustment
 Section K. Holiday Pay on Holidays
o Employees shall receive additional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for ninety-six (96) hours equivalent to twelve (12) recognized City holidays at eight (8) hours per day.
o Effective July 1, 2024 employees shall receive 11.2 hours per each holiday times twelve (12) recognized City holidays for a total of 134.4 hours of holiday compensation to be averaged over twenty-six (26) paychecks annually.

Article 8: Time Off and Leaves of Absence
 Section A. Vacation Leave
o Effective July 1, 2024 employee vacation accruals shall increase as follows:

Years of Continuous
Service
Vacation Hours Earned
Per Year through June
30, 2024
Vacation Hours Earned
Per Year effective July 1,
2024
1 - 5 years 80 112
6th year 120 168
7th year 128 179
8th year until max is Pattern continues until 160 Pattern continues until 224 Agenda Item #9.6.

reached hours per year is reached hours per year is reached 25th year and every 5
years thereafter 8 hours per year 11.2 hours per year
 Section B. Vacation Accrual - Effective July 1, 2024, maximum vacation balance will increase from 280 hours to 360 hours.
 Section D. Personal Convenience Holidays
o Effective July 1, 2024 Personal Convenience Holidays shall increase as follows:

Years of Service
Personal Convenience
Holiday Hours Earned
Per Year Through June
30, 2024
Personal Convenience
Holiday Hours Earned
Per Year Effective July 1,
2024
1 - 5 years 16 22.4
After 5 years 40 56
 Section E. Sick Leave - Effective July 1, 2024, sick leave accrual shall increase from 8 hours per month to 11.2 hours per month.

Article 9: Other Benefits
 Section A. Uniforms - Employees shall receive an annual uniform allowance of $1,200, which will be paid out proportionately with each of the twenty-six (26) paychecks.

Article 10: Health, Dental, Life, and Disability Insurance  Section B. Life Insurance - The City will provide term life insurance for each employee in the amount of $50,000 to those employees represented under this MOU.

All other provisions included in the MOU align with existing practices and personnel rules included in the Employee Handbook.

The City and the SHPFA have tentatively agreed to the provisions contained in the MOU (Attachment A), pending City Council approval. Staff recommends the City Council adopt the resolution approving the MOU. Adoption of the attached Resolution would support the City Council’s adopted Goal 6: Enhancing Morale & Retention by adopting an agreement that actively support fair compensation and positive work environments.

FISCAL IMPACT
The total cost of the compensation and benefit changes associated with the proposed SHPFA MOU has been incorporated into the proposed Fiscal Year 2022-23 and FY 2023-24 annual operating budget as an ongoing cost and is consistent with direction provided by the City Council during negotiations.

Agenda Item #9.6.

RECOMMENDED ACTION
Approval of a Resolution (1) Approving the Memorandum of Understanding Between the City of St. Helena and the St. Helena Professional Firefighters Association (SHPFA) for a Three-year Contract Commencing on July 1, 2022 and expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters Member Classifications.

ATTACHMENTS
Resolution - SHPFA MOU
Attachment 1- St Helena Professional Fire Fighters Association MOU 06.27.2023 Exhibit A - FY 2022.23 Full-Time Fire Salary Schedule
Confirmation from St. Helena Firefighters
Agenda Item #9.6.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA (1) APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF ST. HELENA AND
THE ST. HELENA PROFESSIONAL FIREFIGHTERS

ASSOCIATION (SHPFA) FOR A THREE-YEAR CONTRACT
COMMENCING ON JULY 1, 2022 AND EXPIRING ON JUNE 30,
2025 AND (2) ADOPTING AND APPROVING PUBLICLY

AVAILABLE PAY SCHEDULE IN ACCORDANCE WITH THE

REQUIREMENT OF CALIFORNIA CODE OF REGULATIONS,
TITLE 2, SECTION 570.5, FOR THE ST. HELENA
PROFESSIONAL FIREFIGHTERS MEMBER CLASSIFICATIONS.

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

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

C. City Council approved Resolution 2022-96, which granted formal recognition of the St. Helena Professional Fire Fighters Association.

D. This action initiated the bargaining process to develop a Memorandum of Understanding (MOU) for the newly recognized St. Helena Professional Firefighters Association (SHPFA).

E. Negotiations between the City and the St. Helena Professional Firefighters Association has resulted in an agreement for the period of July 1, 2022 and Expiring on June 30, 2025.

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

Agenda Item #9.6.

1. The City Council approves and incorporates by reference the attached Memorandum of Understanding between the St. Helena Professional Firefighters Association (SHPFA) and the City of St. Helena for the period of July 1, 2022 and Expiring on June 30, 2025; and

2. Adopts the Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters Member Classifications.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023, by the following vote:

Mayor Paul Dohring: ____________
Vice Mayor Eric Hall: ____________
Council Member Anna Chouteau: ____________
Council Member Lester Hardy: ____________
Council Member Billy Summers: ____________
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.6.

CITY OF ST. HELENA
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION

MEMORANDUM OF UNDERSTANDING

BETWEEN
CITY OF ST. HELENA
AND
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION

FOR THE PERIOD
JULY 1, 2022 THROUGH JUNE 30, 2025
Agenda Item #9.6.

CITY OF ST. HELENA
ST. HELENA PROFESSIONAL FIRE FIGHTER ASSOCIATION
Table of Contents
ARTICLE 1: PREAMBLE ................................................................................................................1 ARTICLE 2: RECOGNITION...........................................................................................................1 ARTICLE 3: ASSOCIATION & CITY RIGHTS ...................................................................................1 A. ASSOCIATION RIGHTS. ..............................................................................................1 B. CITY RIGHTS. .............................................................................................................2 ARTICLE 4: DEFINITIONS .................................................................................................................3 ARTICLE 5: WORK HOURS/WORK SCHEDULE .................................................................................7 A. WORK HOURS. ..........................................................................................................7 B. WORK SCHEDULE......................................................................................................7 ARTICLE 6: PERSONNEL MATTERS..............................................................................................8 A. PROBATIONARY PERIOD AND APPLICABILITY OF FIREFIGHTERS BILL OF RIGHTS ACT. 8
B. EMPLOYEE EVALUATIONS.........................................................................................8 ARTICLE 7: EMPLOYEE COMPENSATION ....................................................................................9 A. WAGES. .....................................................................................................................9 B. BILINGUAL PAY..........................................................................................................9 C. OUT-OF-CLASS PAY. ..................................................................................................9 D. LONGEVITY PAY. .......................................................................................................9 E. OVERTIME PAY..........................................................................................................9 F. WORK PERIOD...........................................................................................................9 G. FLSA OVERTIME. .....................................................................................................10 H. OVERNIGHT STANDBY PAY. ....................................................................................10 I. COST OF LIVING ADJUSTMENT (COLA). ..................................................................10 J. EQUITY ADJUSTMENT. ............................................................................................10 K. HOLIDAY PAY ON HOLIDAYS. ..................................................................................11 ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE ......................................................................11 A. VACATION LEAVE. ...................................................................................................11 B. VACATION ACCRUAL...............................................................................................12 Agenda Item #9.6.

C. VACATION USAGE. ..................................................................................................12 D. PERSONAL CONVENIENCE HOLIDAYS. ....................................................................12 E. SICK LEAVE. .............................................................................................................12 F. FAMILY CARE...........................................................................................................13 G. BEREAVEMENT LEAVE.............................................................................................13 H. JURY OR WITNESS DUTY. ........................................................................................13 I. PREGNANCY DISABILITY LEAVE...............................................................................13 J. CFRA AND FMLA LEAVE. .........................................................................................14 K. INDUSTRIAL ACCIDENT LEAVE. ...............................................................................14 L. LEAVE OF ABSENCE WITHOUT PAY.........................................................................14 M. MILITARY LEAVE......................................................................................................14 N. COMPENSATORY TIME OFF. ...................................................................................14 ARTICLE 9: OTHER BENEFITS.........................................................................................................14 A. UNIFORMS. .............................................................................................................14 ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE ................................................15 A. GENERAL PROVISIONS: ...........................................................................................15 B. LIFE INSURANCE......................................................................................................15 C. SHORT-TERM DISABILITY INSURANCE. ...................................................................15 D. VISION CARE. ..........................................................................................................15 ARTICLE 11: RETIREMENT BENEFITS...........................................................................................15 A. CALPERS. .................................................................................................................15 B. SOCIAL SECURITY PAYMENT. ..................................................................................17 ARTICLE 12: TRAINING AND PROFESSIONAL GROWTH ................................................................17 ARTICLE 13: BENEFITS ON SEPARATION........................................................................................17 A. COBRA CONTINUATION. .........................................................................................17 B. CONTINUATION OF CERTAIN INSURANCE POLICIES................................................17 ARTICLE 14: GRIEVANCE PROCEDURE...........................................................................................18 A. GRIEVANCE DEFINED...............................................................................................18 B. PROCEDURE. ...........................................................................................................18 C. DEADLINES. .............................................................................................................19 ARTICLE 15: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION.......................................20 A. RESIGNATION..........................................................................................................20 Agenda Item #9.6.

B. EXIT INTERVIEW. .....................................................................................................20 C. DISCIPLINARY AUTHORITY.......................................................................................20 D. PROBATIONARY EMPLOYEES...................................................................................20 E. DISCIPLINARY ACTIONS. ..........................................................................................20 F. DISCIPLINARY PROCEDURE......................................................................................22 G. APPEAL....................................................................................................................24 H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE. 26
ARTICLE 16: LAYOFF PROCEDURE .................................................................................................27 ARTICLE 17: SEPARABILITY ............................................................................................................27 ARTICLE 18: TERM AND COMPLETION OF NEGOTIATIONS...........................................................28 ARTICLE 19: SIGNATURES .............................................................................................................28 Agenda Item #9.6.

1 ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Professional Fire Fighters Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work, and other terms and conditions of employment. Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

ARTICLE 2: RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following regular full-time fire suppression employees (part-time positions are not included in the bargaining unit represented by the Association):
• Firefighter
• Fire Engineer
• Fire Captain
ARTICLE 3: ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution, or regulation directly relating to matters within the scope of this MOU.

2. The right to payroll deductions made for payment of Association dues and for City-approved programs.

3. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours, and other matters within the scope of representation, subject to the provisions of applicable Federal, State, or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

4. The use of City facilities for regular, normal, and lawful Association activities, providing the appropriate advance arrangements are made. The granting of Agenda Item #9.6.

2 such use may be conditioned on appropriate charges to offset the cost of such use.

5. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

6. The City will notify the Association President (or other designated representative) at least 10 days before a new employee orientation meeting and allow an Association representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide Association with as much advance notice as reasonably possible of the scheduled orientation meeting.

7. If the City has not conducted an in-person new employee orientation within thirty days of a newly hired employee’s start date, and the new employee is working in person, the Association has a right to schedule an in-person meeting at the worksite during working hours. During that meeting, the exclusive representative shall be permitted to communicate directly with newly hired employees in the applicable bargaining unit for up to 30 minutes. The newly hired employees must be allowed paid time off, and relieved of other duties, for attending the meeting. Upon receiving a request from the Association, the City will provide an appropriate on-site meeting space within seven calendar days.

This provision expires June 30, 2025.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

After discussion and due consideration, it is recognized that, except as expressly stated herein, the parties agree that the City shall retain whatever rights and authority as are necessary for it to operate and direct the affairs of the City in all of its various aspects, including, but not limited to:

The exclusive right to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and Agenda Item #9.6.

3 intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment, or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City Council on its own behalf and on behalf of the City, hereby retains and reserves unto itself all rights, power, authority, duty, responsibility, and obligations confirmed on and vested in it by the laws and Constitution of the State of California and the United States of America.

Neither party is waiving their right to bargain or meet or confer over the impacts of the City’s exercise of such rights enumerated above, to the extent required by the MMBA and all governing and relevant laws.

ARTICLE 4: DEFINITIONS
Anniversary Date.

The date upon which a person is appointed to a position or as modified according to City Employee Handbook. The date determines eligibility for a salary step increase except as modified according to City Employee Handbook.

Benefits or Benefit Package.

City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City.

The City of St. Helena, California.

City Manager.

The City Manager of the City of St. Helena, California, or their designee.

City Service.

Agenda Item #9.6.

4 All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification.

The action of assigning a position to a class, that is, a particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or compensation may fairly be made to apply.

Compensation.

The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of their service in a Position, but not including reimbursement for expenses incurred in the course of employment. See Employee Handbook Rule 3.

Continuous Service.

Length of uninterrupted employment (including holidays and authorized paid or unpaid leave, but not including other periods of leave without pay or times on suspension, in a regular position) that is measured from the effective date of appointment until separation.

City Council.

The City Council of the City of St. Helena.

Department Head.

The individuals designated as the administrative head of a City department. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the Administrative Services Director, the Director of Public Works, the Community Development Director, the City Clerk, the Library Director, and the Parks & Recreation Director.

Emergency.

Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:
• The repair or clearance of streets necessary for continued access to properties, including street sweeping.
• The repair of public utility facilities.
• The repair of City equipment necessary to maintain public safety services. • Activities associated with natural or man-made catastrophe.

Agenda Item #9.6.

5 • Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.
• Shortage of personnel necessary to maintain public safety services.

Employee.

A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Fitness for Duty.

See Employee Handbook Rule 9, Section 9.15.

Full-Time Employee.

An employee who regularly works a full-time 40-hour or 56-hour schedule per week.

Holidays.

See Employee Handbook Rule 9, Section 9.1.

Job Description.

A formal account of an employee’s responsibilities in regards to their classification and position.

Layoff Procedure.

See Employee Handbook Rule 11, Section 11.2.

Non-Probationary Employee.

An employee who has successfully completed the Probationary Period.

Position.

A specific office or employment provided by the budget, whether occupied or vacant, of limited term or regular term, and requiring the performance of certain duties and responsibilities assigned or delegated by the Appointing Authority.

Probationary Employee.

An employee who has not yet completed a prescribed Probationary Period.

Probationary Period.

A period to be considered an integral part of the examination, recruiting, testing, and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position, and during which an employee may be rejected from the position without cause and without right of Agenda Item #9.6.

6 appeal.

Salary Range.

The range of salary rates for a class; the classifications may be paid on an hourly or salaried basis, as applicable, and the term “salary” is utilized as a general term for cash compensation paid either an hourly or salaried basis.

Salary Rate.

The dollar amount of each step in a salary range, or the flat dollar amount for a class not having a salary range.

Salary Step.

The minimum through maximum salary increments of a salary range.

Salary Upon Appointment.

See Employee Handbook Rule 3, Section 3.1.

Standby.

A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining available by telephone or otherwise arranging for the immediate and convenient notification of an emergency condition and being prepared to immediately report to the site of the emergency.

Step Increases.

See Employee Handbook Rule 3, Section 3.3.

Supervisor.

The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title.

The name applied to a Classification or to each Position included in the Classification.

Agenda Item #9.6.

7 Work Day.

One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted.

The City Employee Handbook has additional definitions. Where differences exist between the Employee Handbook and this MOU, the MOU language shall prevail.

ARTICLE 5: WORK HOURS/WORK SCHEDULE
A. WORK HOURS.

1. The current scheduled work week is 56 average scheduled duty hours per week, which approximates 2,912 hours per year.

2. Pursuant to Article 3(B) the City may change the work hours at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

B. WORK SCHEDULE.

The current duty schedule for the classifications of Firefighter, Engineer, and Fire Captain classifications is a “48-96” work schedule consisting of two (2) consecutive, uninterrupted, 24-hour shifts, followed by four (4) consecutive 24-hour days off with three (3) platoons known as A, B, and C shifts. Employees working the “48-96” work schedule shall report for duty at 0700 hours and go off duty at 0700, forty-eight (48) hours later. “Shift” means twenty-four (24) hours and “tour” means forty-eight (48) hours. An example of the “48-96” work schedule is as follows:

Example Duty Schedule (regular shift personnel):
"X" denotes tour of duty.
"O" denotes off duty.

XXOOOOXXOOOOXXOOOOXXOOOO

1. The current “48-96” schedule has an FLSA pay period cycle of 14-days. Overtime refers to hours worked that exceed 106 hours in a designated 14 day work period. Overtime hours are paid at a premium rate of time and one half the regular rate of pay as required by the FLSA.

2. The work schedule may be changed in the event of an emergency.

Agenda Item #9.6.

8 3. Pursuant to Article 3(B) the City may make a permanent change to the work schedule at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

ARTICLE 6: PERSONNEL MATTERS
A. PROBATIONARY PERIOD AND APPLICABILITY OF FIREFIGHTERS BILL OF RIGHTS ACT.

1. Probationary Period.

Employees covered by this Program shall serve a probationary period of eighteen (18) months. Probationary employees may be terminated without cause. As required by the Firefighters Bill of Rights Act, employees who have passed the probationary period shall be covered by the provisions of the Act, and the applicable disciplinary procedures for such employees is covered in established City policies.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be their discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

4. Promotional Probationary Period:

The length of probationary period for employees promoted to a position in a higher class shall be twelve (12) months beginning with the date of appointment to the new class. If employee is rejected during promotional probationary period, they have a conditional right of return to prior position pursuant to Section 6.4 of Employee Handbook.

Agenda Item #9.6.

9 B. EMPLOYEE EVALUATIONS.

Each employee shall be evaluated no less than annually by their Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation. Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

ARTICLE 7: EMPLOYEE COMPENSATION
A. WAGES.

The wages for Employees covered by this agreement are set forth in Exhibit A, attached to this MOU.

B. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business by communicating in Spanish. For employees who are certified as fluent in both written and verbal Spanish language, bilingual pay will be five percent (5%) of the designated employee’s base rate of pay. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and one-half percent (2.5%) of the designated employee’s base rate of pay. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

C. OUT-OF-CLASS PAY.

It may be necessary for Fire Captains, Fire Engineers, and Firefighters to work out-ofclass as assigned by the Fire Chief separate from their assigned positions during emergency calls or complex incidents as determined by the Fire Chief or when the Fire Chief is not available to manage the incident or in the case when the Fire Chief is on vacation or in the case of staffing availability. In the case when any of these situations arise, the employee acting in the out-of-class assignment shall receive out-of-class pay of five percent (5%) of the employee's base wage rate for any assignment longer than two hours.

This time shall be recorded on the employee's time sheet and designated as out-of-class on the submitted time sheet. This designation and hours worked in this capacity shall be verified by the Fire Chief or his designee.

Agenda Item #9.6.

10 D. LONGEVITY PAY.

Longevity pay shall be provided to each permanent employee on the employee’s fifth anniversary of continuous employment at the rate of two and one-half percent (2.5%) of rate of pay. At the employee’s tenth anniversary, the longevity increment shall be increased to a total of five percent (5%) of rate of pay, at the fifteenth anniversary a total of seven and one-half percent (7.5%) of rate of pay, and at the twentieth anniversary, a total of ten percent (10%) of rate of pay.

E. OVERTIME PAY.

Employees shall be entitled to overtime pay in accordance with the requirements of applicable law for hours worked.

F. WORK PERIOD.

In accordance with Section 7(k) of the Fair Labor Standards Act (FSLA), the work period established by the City is a 14-day 106-hour work period.

G. FLSA OVERTIME.

Pursuant to Section 7(k) of FSLA, the City agrees to compensate all firefighters for hours worked above the fifty-three hours per week at the normal overtime rate of pay (time and one-half) regardless of whether employees are on any type of paid leave.

Pursuant to Article 3(B) the City may change the Work Period at any time, with 30 days’ notice. In the event of a change, the City agrees meet or confer over the impacts of the City’s exercise of such rights, to the extent required by the MMBA and all governing and relevant laws.

H. OVERNIGHT STANDBY PAY.

In the discretion of the Fire Chief when standby coverage is required, Employees may sign up for overnight standby coverage. Employees signing up for overnight standby coverage will receive a stipend based on their rank within the department. Firefighters will receive $50 per overnight standby assignment. Engineers and officers will receive $75 per overnight standby assignment. The Stipend is paid in addition to hours worked during standby assignment.

I. COST OF LIVING ADJUSTMENT (COLA).

Wages paid and any special compensation shall be in accordance with the most recent applicable resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the wage schedules shall be increased as follows:
a. July 1, 2022 – COLA increase of 5% for all unit members b. July 1, 2023 – San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%.

Agenda Item #9.6.

11 c. July 1, 2024 - San Francisco/Oakland/Hayward CPI-U (April/April) min 3% with a max of 5%.

J. EQUITY ADJUSTMENT.

During term of the agreement, the City will provide equity adjustments for unit represented positions until each classification is within 5% of market median (95%).

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
• July 1, 2022 – Equity adjustment of 2.5%
• January 1, 2023 – 2% equity adjustment
• July 1, 2023 – 2% equity adjustment
• January 1, 2024 – 2% equity adjustment
• July 1, 2024 – 2% equity adjustment
• January 1, 2025 – 2% equity adjustment
K. HOLIDAY PAY ON HOLIDAYS.

In lieu of holiday time off, employees shall receive additional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for ninety-six (96) hours equivalent to twelve (12) recognized City holidays at eight (8) hours per day. Member’s compensation for the holidays shall be computed in the same fashion as is the rate of pay for vacation.

The following provisions will take effect July 1, 2024:
a. No changes to existing recognized holidays;
b. Holiday hours shall be earned as follows:
• 11.2 hours per each holiday times twelve (12) recognized City holidays for a total of 134.4 hours of holiday compensation to be averaged over twenty-six (26) paychecks annually.

ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

Employees shall accumulate vacation in accordance with the following vacation entitle schedule:

Years of Continuous Service Vacation Hours Earned/Year
1-5 years 80
6 th year 120
7 th year 128
This pattern continues until 160 hours per year is reached. On the employee’s 25th anniversary and every five years thereafter, an additional 8 hours will be awarded on Agenda Item #9.6.

12 that year.

Effective July 1, 2024, Employees shall accumulate vacation in accordance with the vacation schedule below. The existing provisions will remain in effect until July 1, 2024.

Years of Continuous Service Vacation Hours Earned/Year
1-5 years 112
6 th year 168
7 th year 179
This pattern continues until 224 hours per year is reached. On the employee’s 25th anniversary and every five years thereafter, an additional 11.2 hours will be awarded on that year.

B. VACATION ACCRUAL.

Employees shall begin earning vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned; odd fractions rounded to the nearest tenth.

Vacation time shall not be taken until earned and shall be subject to other provisions of this agreement. When an employee is on a leave without pay status, the employee shall not be entitled to earn vacation.

For purposes of calculating vacation earned upon termination, the employee’s final accrual will be prorated, based on the days worked in the employee’s last month of employment. Upon termination of an employee’s service with the City, the employee shall be paid a lump sum for all earned vacation not taken, at the employee’s hourly rate then in effect.

Employees will not earn additional vacation leave once their accrued vacation balance has reached 280 hours.

Effective July 1, 2024 employees will not earn additional vacation leave once their accrued vacation balance has reached 360 hours.

C. VACATION USAGE.

An employee may not use vacation until the employee has completed six months of City service in the position. An employee may take vacation at a time approved by the Fire Chief. It is the policy of the City that employees take their normal provided vacation leave each year. Vacation shall be taken in minimum increments of two hours.

D. PERSONAL CONVENIENCE HOLIDAYS.

Except for the calendar year they are hired, on January 1st of each year, employees earn 16 hours of Personal Convenience Holidays for use during that calendar year, taken in at least 8-hour increments. The hours must be used by the end of the calendar year and does not accrue. After five years of service, employees earn 40 hours of Personal Agenda Item #9.6.

13 Convenience Holidays.

Effective July 1, 2024 employees shall earn 22.4 hours of Personal Convenience Holiday Leave; after five years, employees shall earn 56 hours of Personal Convenience Holiday Leave.

E. SICK LEAVE.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy as outlined in the Employee Handbook.

Effective July 1, 2024, sick leave accrual shall be increased to 11.2 hours per month.

F. FAMILY CARE.

To the extent required by law, sick leave may be used to care for ill family members.

G. BEREAVEMENT LEAVE.

The City shall allow regular full-time employees to take up to five (5) days of bereavement leave, upon the death of a family member (spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law).

Days of bereavement leave do not need to be consecutive; Bereavement leave must be completed within three (3) months of the date of the death; Employee shall be entitled to no less than five (5) days of leave; The employee may elect to use any accrued and unused paid leave that is otherwise available to them for bereavement leave (e.g., paid vacation, personal leave, accrued and available sick leave, or compensatory time off, etc.).

The City may request that the employee provide documentation of the death if requested within thirty (30) days of the first day of leave. Documentation includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

The City shall maintain the confidence of any employee requesting bereavement leave.

H. JURY OR WITNESS DUTY.

Employees shall be granted a leave of absence with full pay for jury duty; subpoena of the employee as a witness; or attendance in court resulting from the employee’s official duties as assigned by the City Manager. Any compensation received by the employee for the above, except for travel reimbursement, shall be promptly remitted to the City by the employee.

I. PREGNANCY DISABILITY LEAVE.

Leave for Pregnancy, Childbirth and Related Medical Conditions (California Government Agenda Item #9.6.

14 Code Section 12945):

In addition to leave authorized by Article 8, eligible employees may take leave based on pregnancy, childbirth, or related medical conditions pursuant to California Government Code Section 12945. Generally, this leave should not exceed six (6) weeks for a normal pregnancy, childbirth, or related conditions, but may be taken for a period of up to a total of four (4) months if the employee is disabled due to pregnancy, childbirth, or other medical conditions. The need for leave beyond six (6) weeks due to disability shall be verified in writing by the employee’s physician. The employee may use accrued leave balances during leave taken pursuant to this Section. If the period of leave exceeds the employee’s accrued leave balances, the balance of the leave shall be taken as unpaid leave.

J. CFRA AND FMLA LEAVE.

The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

K. INDUSTRIAL ACCIDENT LEAVE.

The City shall provide paid leave and benefits consistent with the State’s Worker’s Compensation laws and California Labor Code Section 4850.

L. LEAVE OF ABSENCE WITHOUT PAY.

Upon the written request of any employee, the City Manager may approve in writing a leave of absence without pay for a period up to thirty (30) calendar days. Except in the cases of illness or maternity, an employees' request for Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the manager as to how an adequate level of service can be maintained during their absence. Such leave may be extended up to one calendar year by action of the City Council.

M. MILITARY LEAVE.

An employee called to active duty in any reserve component of the Armed Forces of the United States or the National Guard shall be granted a leave of absence for the duration of said active duty. Any full-time employee on a military leave of absence shall be compensated as outlined in the City’s Employee Handbook if the employee provides proper documentation from the Commanding Officer concerning their active duty; or, if the employee is a Commanding Officer, with a copy of the order to report to active duty and any applicable extension orders.

N. COMPENSATORY TIME OFF.

Notwithstanding the provisions of this section, fire employees may be granted compensatory time off for overtime credit, at the discretion of the Fire Chief and with due regard to the wishes of the employee. Compensatory time off may be accumulated Agenda Item #9.6.

15 up to a maximum of one hundred twenty (120) hours.

ARTICLE 9: OTHER BENEFITS
A. UNIFORMS.

Employees shall receive an annual uniform allowance of $1,200. The uniform allowance will be paid out proportionately with each of the twenty-six (26) paychecks.

ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE A. GENERAL PROVISIONS:

The City will pay the full cost of the employee’s enrollment in City offered health insurance plan to cover both the employee and the employee’s dependents. The City will pay the full cost of enrollment in City offered plans for dental coverage for the employee and their dependents. When an employee commences work with the City, the effective date of coverage of their benefits distribution selection shall be established by the individual carrier. In most cases, coverage begins the first of the month following date of hire.

Employees will choose from available insurance programs and/or health and welfare plans at the time of hire or as carriers allow during Open Enrollment periods. Dependent coverage may be added or deleted between Open Enrollment periods subject to conditions imposed by the selected carriers.

B. LIFE INSURANCE.

The City will provide term life insurance for each employee in the amount of $50,000.

Employees may elect to increase the value of their life insurance policy by $20,000 at their own expense. Employees opting for the additional coverage will have the cost of that coverage deducted from their pay.

C. SHORT-TERM DISABILITY INSURANCE.

The City will pay for the employee’s cost to participate in the State Disability Insurance (SDI) program.

D. VISION CARE.

The City will pay for vision care benefits, for the employee and all dependents through the City’s vision insurance plan.

Agenda Item #9.6.

16 ARTICLE 11: RETIREMENT BENEFITS
A. CALPERS.

Employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS).

1. Tier One. Employees Hired Before July 1, 2012 (Tier One Classic Members) This section 3.1 (including subsections) shall apply to employees hired by the City of St. Helena in full-time safety positions with CalPERS membership before July 1, 2012. • 1/2 at 55 Pension Formulas: The “1/2 @ 55” retirement program will be available to members covered by this Section.
• Final Compensation Based On 36-Months: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 3.1 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 20037.
• Required Member Contributions:

Members covered shall pay, through payroll deduction, the full 10.1% member contribution for the Safety Group.

2. PEPRA. 2% at 57 For Members Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member):
• This Section (including subsections) shall apply to members who were hired as full-time employees eligible for CalPERS membership on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).
• 2% at 57 Pension Formulas: The “2% @ 57” retirement program will be available to members covered by this Section 3.3.
• Final Compensation Based On 36-Months: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 3.3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
• Required Member Contributions:

Required 50% of Normal Costs: As required by Government Code Section 7522.04(g), effective January 1, 2013, members covered by this Section 4.3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.

3. Converting Sick Leave Balance.

An employee who retires may convert their unused sick leave balance to service Agenda Item #9.6.

17 credit as provided by Government Code Section 20965. Any accrued unused sick leave credit that is paid out at termination will not be available for conversion to service credit.

4. Other Options Included In CalPERS Contract.

Employees shall be eligible for other options included in the City’s contract with CalPERS applicable to safety employees as stated in that contract, and allowed by law.

5. Implementation of Internal Revenue Code Section 414(h)(2).

As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

6. All Provisions Subject to Requirements of Law.

The City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or prior resolutions.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

ARTICLE 12: TRAINING AND PROFESSIONAL GROWTH
To promote continued development of skills, knowledge, and abilities among the Employee, the Fire Chief may grant time off to employee(s) for educational leave. Such leave may be received in order to attend professional, technical, or managerial workshops, courses, conferences, conventions, seminars, or related activities. The cost of attendance at these activities, including travel, per diem, registration, tuition, materials or other reasonable costs, are legitimate City expenditures as provided for in the annual City Budget.

ARTICLE 13: BENEFITS ON SEPARATION
Upon separation from employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

Agenda Item #9.6.

18 A. COBRA CONTINUATION.

An employee leaving City employment may be entitled to certain insurance coverage opportunities, at employee’s expense, under the federally mandated COBRA Program and California counterpart. Employee will receive notice of COBRA options and must timely elect benefit continuation.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement from City service, an employee enrolled immediately preceding retirement in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions of the applicable insurance plan and set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned.
b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall be responsible for the entire premium and shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company.

ARTICLE 14: GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Agenda Item #9.6.

19 Within ten (10) calendar days of the occurrence or when they become aware of an act in dispute an employee shall discuss it with their immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, they may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor. Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting. If the employee is not satisfied with the response, they may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee.

After consideration of the facts, the City Manager shall give a written decision to the employee within ten (10) calendar days after the meeting.

4. Step 4: City Council Review.

The decision of the City Manager may be appealed to the City Council for review if the grievance remedy sought has a value exceeding $25,000. In such event the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days.

Agenda Item #9.6.

20 The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

Failure to timely initiate a grievance or timely advance it properly to the next level shall constitute a waiver of the grievance, However, the parties may mutually agree to extend any of the above deadlines in writing, for example in the event of an involved party’s prolonged illness or in response to other unavoidable circumstances.

ARTICLE 15: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION A. RESIGNATION.

An employee wishing to separate from service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Division by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity for an exit interview. The purpose of the interview shall be to allow the City to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by their Department Head but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, Agenda Item #9.6.

21 without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the atwill status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by their Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to, those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by their Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits. Suspension shall be for a fixed period of time.

Grounds for suspension include, but are not limited to, those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for Agenda Item #9.6.

22 purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head. Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below. Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Inquiry.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws there shall be an inquiry by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The scope and formality level of the inquiry may vary based on the applicable circumstances. Upon completion, there shall be a written report of the conclusions made. A formal investigation report should also include the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. When a supervisor, Administrative Services Director, or other City manager conducts the inquiry, they may also recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action except where a Department Head level determination is required.

2. Notice of Proposed Discipline.

Agenda Item #9.6.

23 For discipline above the level of a written reprimand, the Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
a. A statement which clearly defines the intent to take action and the specific action to be taken;
b. The date the action is intended to take effect;
c. A statement of the rule(s) or regulation(s) that has/have allegedly been violated; d. A statement of the specific action, charge(s), and facts on which the proposed action is based;
e. Copies of the written materials, reports, and documents considered by the Department Head in their decision to impose the proposed action. f. Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing, which shall be audio recorded, within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

Agenda Item #9.6.

24 5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, they will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action (as well as for other legitimate business purpose as determined in the discretion of the Department Head.)

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the procedures set forth below. An employee who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits their appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request for Disciplinary Agenda Item #9.6.

25 Hearing”). Upon receipt of the Request for Disciplinary Hearing, the City Manager shall initiate the Appeal process.

3. Association-Sponsored Appeals - Appointment of Hearing Officer. a. The Disciplinary Hearing Officer shall be selected jointly by the parties within fourteen
(14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
b. If the parties are unable to mutually agree on a Hearing Officer within the fourteenday period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. c. If the Hearing Officer selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a Hearing Officer.
d. The cost of the Hearing Officer shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the Employee Association.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the Hearing Officer and the availability of counsel and witnesses. The hearing shall be private. The Hearing Officer may, prior to or during the hearing, grant a continuance for any reason the Hearing Officer believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the Hearing Officer.

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel or may elect to proceed without counsel. The employee may choose to be represented by an Association representative. b. The Hearing Officer shall determine the relevancy, weight, and credibility of the testimony and evidence. The Hearing Officer shall not be bound by the technical rules of evidence. The Hearing Officer shall base their findings on the Agenda Item #9.6.

26 preponderance of the evidence. The City shall have the burden of proof. c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present their witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or their representative may obtain a copy of the transcript of the hearing upon request and at their own cost.
e. Each side will be allowed to examine and cross-examine witnesses, who shall testify under oath. The employee filing the appeal may be called and examined as if under cross-examination.
f. The Hearing Officer shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The Hearing Officer may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.

6. Findings of the Hearing Officer.

After the conclusion of the hearing, the Hearing Officer shall prepare a recommended decision based on their findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the Hearing Officer sustains or does not sustain and the reason(s) for the Hearing Officer’s decision.

7. Decision of the City Manager.

After receiving and considering the recommendation of the Hearing Officer, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City. The City Manager’s decision shall be the final administrative step.

H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE.

The following are examples of sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
• Absence without prior approval or excessive tardiness. • Use of, or being under the influence of, illegal drugs or alcohol while on Agenda Item #9.6.

27 City business, or during work hours, or while representing the City. • Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
• Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
• Theft, pilferage, or misuse of City property.
• Falsification of public records.
• Dishonesty.
• Disorderly or immoral conduct.
• Incompetence.
• Failure to meet expected performance standards.
• Neglecting to perform expected job duties.
• Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
• Insubordination or willful or disobedience.
• Negligence or willful damage to public property or the personal property of another employee.
• Fraud in securing employment.
• Discourteous treatment of the public or other employees. • Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held. • Violation of any reasonable regulation, policy, rule, SOP, or order. • Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
• Interference with the work performance of others.
• Acceptance of bribes or extortion.
• Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
• Illegal gambling on City property or during working hours.

ARTICLE 16: LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.

Agenda Item #9.6.

28 ARTICLE 17: SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.

ARTICLE 18: TERM AND COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on July 1, 2022 and shall expire on June 30, 2025.

During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
• The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), any City-proposed changes to the SHPFA job descriptions, Employee Handbook and/or related policies and procedures; • The parties may mutually agree to meet and confer on any topic.

ARTICLE 19: SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA PROFESSIONAL FIRE FIGHTERS ASSOCIATION

REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 2023-XX Agenda Item #9.6.

29 CITY MANAGER
Agenda Item #9.6.

CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Full-time Fire Department Positons
Firefighter Annual (1) 83,425 87,596 91,976 96,575 101,404 Monthly (1) 6,952 7,300 7,665 8,048 8,450
Hourly 28.65 30.08 31.59 33.16 34.82
Engineer Annual (1) 87,589 91,968 96,566 101,395 106,464 Monthly (1) 7,299 7,664 8,047 8,450 8,872
Hourly 30.08 31.58 33.16 34.82 36.56
Captain Annual (1) 91,971 96,570 101,398 106,468 111,792 Monthly (1) 7,664 8,047 8,450 8,872 9,316
Hourly 31.58 33.16 34.82 36.56 38.39
(1) Annual and Monthly salaries are based on a 56-hour work period with a total of 2,912 hours worked annually. (2) Longevity Pay - Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years - 2.5% of base salary
10 years - 5.0% of base salary
15 years - 7.5% of base salary
20 years - 10% of base salary
(5) Uniform Allowance - Employees shall receive uniform allowance in the amount $1,200 divided evenly amongst 26 pay periods. (3) Bilingual Pay - Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base salary.

Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of an additional $150.00 per month. (4) Holiday Pay - Full-time employees will accrue 3.69 hours per pay period, which will be paid out each pay period at the employee's current hourly rate. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent St. Helena Professional Firefighters Association
Approved and Adopted June 27, 2023
Effective July 1, 2022
FY 2022-2023
Steps
Administrative Services Department Page 1 6/16/2023

EXHIBIT A
Agenda Item #9.6.

CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Full-time Fire Department Positons
Firefighter Annual (1) 84,480 88,704 93,139 97,796 102,686 Monthly (1) 7,040 7,392 7,762 8,150 8,557
Hourly 29.01 30.46 31.98 33.58 35.26
Engineer Annual (1) 89,345 93,812 98,503 103,428 108,599 Monthly (1) 7,445 7,818 8,209 8,619 9,050
Hourly 30.68 32.22 33.83 35.52 37.29
Captain Annual (1) 93,800 98,490 103,415 108,585 114,015 Monthly (1) 7,817 8,208 8,618 9,049 9,501
Hourly 32.21 33.82 35.51 37.29 39.15
(1) Annual and Monthly salaries are based on a 56-hour work period with a total of 2,912 hours worked annually. (2) Longevity Pay - Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years - 2.5% of base salary
10 years - 5.0% of base salary
15 years - 7.5% of base salary
20 years - 10% of base salary
(5) Uniform Allowance - Employees shall receive uniform allowance in the amount $1,200 divided evenly amongst 26 pay periods. (4) Holiday Pay - Full-time employees will accrue 3.69 hours per pay period, which will be paid out each pay period at the employee's current hourly rate. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent St. Helena Professional Firefighters Association
Approved and Adopted June 27, 2023
Effective January 1, 2023
FY 2022-2023
Steps
(3) Bilingual Pay - Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base salary.

Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of an additional $150.00 per month.

Administrative Services Department Page 2 6/16/2023
Agenda Item #9.6.

From: RICHARD REED
To: April Mitts
Cc: Solakian Nick
Subject: [External] Firefighters MOU
Date: Wednesday, June 21, 2023 3:56:06 PM
The Firefighters MOU has been ratified by the Firefighters and we are anxious to obtain City Council ratification.

Thank you for everyone’s hard work
Richard Reed
Labor Consultant for
St Helena Firefighters
Sent from my iPhone
Agenda Item #9.6.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: May 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 May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023- 24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them. To that end, City executives have developed and refined the FY 2023-24 work plan based on the above identified priorities.

DISCUSSION
City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for May Agenda Item #9.7.

2023. The water produced for May 2023 is up by 19% when compared to May 2022 and is down -25% 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)
May 2022
(Acre-Feet)
May 2023
(Acre-Feet)
Bell Canyon 49 26 16
Stonebridge Wells 31 24 39
Napa Water 61 49 51
Total 141 99 106
Percent change from May 2022: 19%
Percent change from average of May 2018 - 2020: -25%
Bell Canyon Reservoir
The City is still in drought conditions based upon the Phase I Water Emergency measures remaining in effect. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year with Phase I Water Emergency 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 June 1, 2023, Bell Canyon Reservoir elevation was at 421.64 feet representing approximately 2,356.40 acre feet (AF) and 98.9% 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 June 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 401.21 Ft. 416.33 Ft. 421.64 Ft.

Acre Feet 1,014 AF 1,963 AF 2,356 AF
Percent Capacity 42% 82.3% 98.9%
As a follow up to the May 24, 2022, 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 declare Phase I and Phase II Water Emergencies in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record Agenda Item #9.7.

statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at the time did 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 declared the Phase 1 Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. It should be noted that on February 14, 2023, the City Council adopted Resolution 2023-16 to formally end the Phase II Water Emergency and associated restrictions and direct staff to bring an action before Council at a meeting in July 2023 to consider ending the Phase I Water Emergency. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.

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 May 2023, Rutherford Pump Station was producing an average of 0.53 MG/day for a total of 51.01 acre feet (AF) for the month.

FISCAL IMPACT
None

RECOMMENDED ACTION
Receive and File

ATTACHMENTS
MWR May 1-31 2023
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - May Bell Canyon Reservoir Storage with Phase I II Agenda Item #9.7.

CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

16.06 5.23 -0.14

15.1% -0.4%

34.80 MG MG

2.41 MG MG

0.00 MG MG

1.08 MG MG
% %
382.44 AF 33.8% 344.73 AF 30.7%
110.17 MG 112.29 MG
511.63 AF 45.2% 347.90 AF 31.0%
166.66 MG 113.32 MG
238.34 AF 21.0% 430.53 AF 38.3%

77.63 MG 140.24 MG
TOTAL WATER PRODUCED 1132.41 AF 100.0% 1123.16 AF 100.0%

DELIVERY (ALL)

0.00 0.00
421.64 FT. FT.
-0.32 FT. FT.
2356.40 AF AF

98.9 % %

1.17 IN IN

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

Updates will be provided if any errors are identified.

AVERAGE 68.65 63.8

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.53 MG/day during May 2023.

THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 47.5-89.8 41.7-96.3

TEMPERATURES
MONTHLY RISE OR DROP -1.34
CAPACITY AT END OF PERIOD 1963.00
PERCENT OF FULL CAPACITY 82.3
RAINFALL IN THIS PERIOD 0.48
TOTAL RAINFALL SEASON TO DATE 26.91
ELEVATION BELL CANYON RESERVOIR 416.33
STONEBRIDGE APARTMENTS MG/May 1 -31 0.32 MG/May 1-31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/May 1 -31 0.04 MG/May 1-31

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER
MINIMUM DAILY PRODUCED 0.47
AVERAGE DAILY PRODUCED 0.94

WATER YEAR TOTALS

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 32.57
MAXIMUM DAILY PRODUCED 1.71

0.00 16.62
PERCENT 37.4% 47.9%
-0.44

May 1-31, 2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 39.79 0.00 51.01
AMOUNT PRODUCED in MG 12.96
Agenda Item #9.7.

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
A 1500
*5
as
g Entered Phase 1 - 1,431 Acre Ft. <E 1250
E
Z‘
3 Historic ' 3, 1000 Projected
Entered Phase 2 - 939 Acre Ft.
\826
750 \\741
V 683
500 596 Acre Feet*
250
25% reserve for fire
0 /$8 fix 51"» WWr1>' N '1» 59/ '1» '1;
I ’\/ .9» /:9» ,1”) .9» :9» '1» '5 '5I
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\°\ v\>°0<72‘?05} $0‘ 095’go ((59 $5‘ VQ‘éz?w9° \°\ v~>°°829 05:‘$0“ 095’go ((59 §§?>‘V9‘®'z$r\’ 9° \& vo°°(ac? 05””$6‘ 095’9° <3, Q7} VQ‘$341’ 9° Agenda Item #9.7. Page 165 of 470 Agenda Item #9.7.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Approval of a Resolution confirming the St. Helena Police Department Chief of Police as the designated staff member to make the determination for persons/premises applying for an Alcoholic Beverage Control (ABC) licenses.

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
Pursuant to Section 23958 of California Business and Professional Code (BPC), the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if issuance would result in or add to an undue concentration of licenses. Section 23958.4 BPC defines what constitutes an "undue concentration" of ABC licenses.

Section 23958.4 further states, with respect to certain license types, e.g., off-sale (types 20,21), public premises (types 42,48), certain club-type licenses (types 50, 51,57) and the On-Sale General Music Venue License (type 90), the Department may issue said licenses if the local governing body, or it's designated subordinate or body, determines that issuance of the license would serve a public convenience or necessity (PCN).

DISCUSSION
On January 27, 2023, the City received a letter from the Department of Alcoholic Beverage Control (ABC) requesting that the local governing body for each jurisdiction make a Public Convenience or Necessity (PCN) determination and complete the applicable selection of the ABC Letter (Attachment 1). Three options were presented in the letter:

Agenda Item #9.8.

1. The City Council will make the determination; or

2. The City Council designates a subordinate officer or body to make the determination; or

3. The City Council declines to make the determination will revert to the Department of Alcoholic Beverage Control.

ABC also indicated the City of St. Helena will be asked to review the options every two years.

The City of St. Helena's Chief of Police has been the designated position to make this determination. Staff recommends to continue with this practice and adopt a resolution formally recognizing the designation. If no determination is received by ABC, then the authority to make the determination will revert to ABC.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDED ACTION
Adopt the attached Resolution designating the St. Helena Chief of Police to make the determination for persons/premises applying for an ABC license.

ATTACHMENTS
Attachment 1 - Request from ABC
Attachment 2 - ABC Determination COSH
Agenda Item #9.8.

DEPARTMENTOF ALCOHOLIC BEVERAGE CONTROL "-'5".

ANTA ROSA DISTRICT OFFICE {
0 D ST, ROOM 130
ANTAROSA, CA 95404
707) 576-2165
January 27, 2023
St Helena City Council
1480 Main St,
St Helena,CA 94574
RE: Public Convenienceor Necessity
23958.4 CA Business & Professions Code
Designation of Subordinate Officer or Body
To Whom It May Concern:

Pursuant to Section 23958 of the California Business and Professions Code (BPC), the Department of AlcoholicBeverage Control(ABC) shall deny an application for a license if issuancewould result in or add to an undue concentrationof licenses. Section 23958.4BPC de?nes what constitutesan “undue concentration” of ABC licenses.

Section 23958.4 further states, with respect to certain licensetypes, e.g., off-sale (types 20,21), public premises(types 42,48), certain club-type licenses(types 50,51,57) and the On-Sale General Music Venue License (type 90), the Department may issue said licensesifthe local governing body, or its designated subordinate o?icer or body determines that issuance atthe license wouldserve a public convenience or necessity (PCN).

In accordancewith the above, the Department of AlcoholicBeverage Control (ABC) is requestingthat the local governing body for eachjurisdiction complete the applicable section below. With this information the Department will be able to assist our customers with the Public Convenience or Necessity (PCN) process, including but not limitedto, which entity to contact for a PCN determination. Please complete one of the below sections and return to the Department of Alcoholic Beverage Control (ABC) so our records may be updated with current information.

The City Council or Board of Supervisors of the City/County of The City Councilor Board of Supervisorsof the City/County of has designated the following subordinate officer or body to make detenninationsof Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license. r\(nUI(/1
eavinmwsam Wm“ Agenda Item #9.8.

._..
mm: P
I '‘-'F' 1'..-
E] The City/County of has decline
d
determin Public ma of
keations Convenience or Necessity (PCN) for persons/premises license. anfor ABC Under this circumstance,determinationsfor Public Con
ven
ienc
e
or Necessity (PCN) will
revert to the Department of AlcoholicBeverage Contro
l
(
Pursuant to Section 23958.4 BPC, if the local governing body, its desig subordinate officer or nated body, does not make a determinationof Public Convenienceor awithin (PCN) of 90period days, then the authorityto make the determinationwill revert t o
tAlcoholic of Beverage Dep
artm
ent
Control (ABC).

Please contact us if you have any questions or concerns.

Sincerely,
HEATHE
RLicensing
707-576-
2191 Heather.

Williams
@abc.ca.
gov Enclosure: 23958 & 23958.4 B.P.

Agenda Item #9.8.

Business & Profession Code § 23958
Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigationto determine whetherthe applicantand the premisesfor which a license is appliedqualify for a license and whetherthe provisionsof this divisionhave been compliedwith, and shall investigate all matters connected therewith which may affect the publicwelfare and morals. The departmentshall deny an application for a license or for a transfer of a license if either the applicant or the premisesfor which a license is applied do not qualify for a license under this division.

The departmentfurther shall deny an application for a license if issuance of that licensewould tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.

Business & Profession Code § 23958.4
(a) For purposes of Section 23958, “undue concentration” means the case in which the applicant premises for an original or premises-to-premisestransfer of any retail license are located in an area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision(c), than the average number of reported crimesas determined from all crime reporting districtswithin the jurisdiction of the local law enforcement agency. (2) As to on-saleretail licenseapplications,the ratio of on-sale retail licensesto populationin the census tract or census division in which the applicantpremisesare located exceeds the ratio of on-sale retail licensesto population in the county in whichthe applicantpremises are located. (3) As to off-sale retail license applications,the ratio of off-sale retail licensesto population in the census tract or census division in which the applicant premises are located exceedsthe ratio of off-sale retail licensesto population in the county in which the applicant premises are located. (b) NotwithstandingSection 23958, the department may issue a license as follows:
(1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail licenseissued for a hotel, motel, or other lodging establishment, as de?ned in subdivision (b) of Section 25503.16, a retail license issued in conjunctionwith a beer manufacturer’s license, or a winegrower’s license, if the applicantshows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.The 90-day period shall commence upon receipt by the local governing body of (A) noti?cation by the department of an application for licensure, or (B) a completed application accordingto local requirements,if any, whicheveris later. If the local governing body, or its designated subordinate of?cer or body, does not make a determination within the 90-day period, then the department may issue a license if the applicantshows the department that public convenience or necessity would be served by the issuance.In making its determination,the departmentshall not attribute any weight to the failure of the local governing body, or its designated Agenda Item #9.8.

,
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subordinateof?cer or body, to make a determinationregarding public convenience or necessity within the 90-day period.
(c) For purposes of this section,the following de?nitions shall apply:
(1) “Reportingdistricts” means geographical areas within the boundaries of a single governmental entity (city or the unincorporatedarea of a county) that are identi?ed by the local law enforcement agency in the compilation and maintenanceof statisticalinformation on reported crimes and arrests. (2) “Reported crimes” means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide,forcible rape, robbery, aggravated assault, burglary, larceny, the?, and motor vehicle the?, combinedwith all arrests for other crimes, both feloniesand misdemeanors, except traffic citations.
(3) “Populationwithin the census tract or census division” means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicantfrom establishingthat an increaseof resident population has occurred within the census tract or census division.
(4) “Population in the county” shall be determined by the armualpopulation estimate for California countiespublished by the PopulationResearch Unit of the Department of Finance. (5) “Retail licenses” shall include the following:
(A) Off-sale retail licenses:Type 20 (off-sale beer and wine) and Type 21 (off-sale general). (B) On-sale retail licenses:All retail on-sale licenses, except Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and wine for ?shing party boat), Type 45 (on-sale beer and wine for boat), Type 46 (on-salebeer and wine for airplane),Type 53 (on-sale general for train and sleeping car), Type 54 (onsale general for boat), Type 55 (on-sale general for airplane),Type 56 (on-sale general for vessels of more than 1,000 tons burden), and Type 62 (on-sale general bona ?de public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A “premises-to-premisestransfer” refers to each license being separate and distinct, and transferable upon approval of the department.
(d) For purposes of thissection, the number of retail licensesin the county shall be established by the (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued before April 29, 1992, whose premiseswere destroyed or rendered unusable as a result of the civil disturbancesoccurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed (i) premises. This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application.

Agenda Item #9.8.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
AUTHORING THE CITY OF ST. HELENA CHIEF OF

POLICE AS THE TH EOFFICER TO MAKE

DETERMINATIONS OF PUBLIC CONVENIENCE OR

NECESSITY (PCN) FOR PERSONS/PREMISES
APPLYING FOR AN ABC LICENSE.

RECITALS
A. On January 27, 2023, the City received a letter from the Department of Alcoholic Beverage Control (ABC) requesting that the local governing body for each jurisdiction make a Public Convenience or Necessity (PCN) determination and complete the applicable selection of the ABC Letter; and
B. Three options were presented in the letter:

1. The City Council of the City of St. Helena will make the determination.

2. The City Council can designate a subordinate officer or body to make determinations.

3. The City of St. Helena has declined to make determinations. Under this circumstance, determinations for Public Convenience or Necessity (PCN) will revert to the Department of Alcoholic Beverage Control (ABC); and
C. The City of St. Helena's Chief of Police has historically been the designated position to make this determination; and
D. The City of St. Helena would like this designation to remain.

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

1. Designates the City of St. Helena Chief of Police to make determinations of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license.

Agenda Item #9.8.

Approved at a Regular Meeting of the St. Helena City Council on June 27, 2023, by the following vote:

Mayor Paul Dohring: ____
Vice Mayor Eric Hall: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Billy Summers: ____
APPROVED: ATTEST:
______________________ ______________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.8.

Report to the City Council
Regular City Council - 27 Jun 2023
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution authorizing the purchase of one Altec AT37G Outrigger F550 4x4 Forestry Flatdeck the amount of $175,013.00 for the Public Works Department.

CEQA
Determination:

Exempt
Prepared By: Clayton Church, Public Works Operations Manager Reviewed By: Joseph Leach, Public Works Director and City Engineer Approved By: Anil Comelo, City Manager

BACKGROUND
On an annual basis City of St. Helena Public Works Department maintains approximately 120 acres of Parks and Open Space, 9 Government Buildings, 26 miles of City Streets (including safety and advanced warning signage), and the Right of Way associated with all City Streets. All this work frequently requires the use of boom trucks, lifts, and ladders.

In the past the City owned a Hy-Ranger truck which assisted in some of the duties a boom truck; however, the vehicle was obsolete, sold as surplus several years ago, and has never replaced.

In the absence of the Hy-Ranger, and not having a city-owned bucket truck, staff currently utilizes ladders, rental equipment, or outside contractors to complete the necessary maintenance work. This work includes, but is not limited to, the removal of trees and trimming of trees; removal and replacement of safety and advanced warning signage; maintenance and retrofit of existing City Street lighting; and general maintenance to the exterior of Government Buildings, etc. Additionally, the Public Works Department maintains all City Parks and Open Spaces for fire safety and resiliency that includes canopy raising of established trees and removal of troubled, dead, or dying trees.

Agenda Item #9.9.

DISCUSSION
Staff recommends the City purchase a Altec AT37G Outrigger F550 4x4 Forestry Flat to assist staff in ongoing maintenance and emergency response efforts. As stated in the background section, the work includes, but is not limited to: the removal of trees and trimming of trees; removal and replacement of safety and advanced warning signage; maintenance and retrofit of existing City Street lighting; general maintenance to the exterior of Government Buildings; maintaining all City Parks and Open Spaces for fire safety and resiliency that includes canopy raising of established trees and removal of troubled, dead, or dying trees. Additionally, the vehicle can assist in the ongoing effort of minimizing or eliminating conditions that encourage pest problems, abate pests with a non-toxic approach, and conduct efficient abatement in lieu of the use of pesticides.

Furthermore, this equipment will be key in the City’s ongoing effort to maintain a fire safe community by removing dead or dangerous trees and clearing vegetation from in and around City Parks, Open spaces, Government Buildings, and Critical Infrastructure.

The Altec AT37G Outrigger F550 4x4 Forestry Flat deck will assist Public Works Department staff during the maintenance of various infrastructure and appurtenances throughout the City, as noted above as well as increase safety for the City's crews. In addition to the activities noted above, this equipment will assist staff in emergency operations during storms and other unscheduled events. This purchase will alleviate the need for rental of bucket trucks and other boom lift types of equipment to ensure the safety of staff during maintenance operations by having the appropriate equipment on hand.

In accordance with City of St. Helena Municipal Code Section 3.04.150, (Cooperative purchasing with other agencies). The bidding requirements of Section 3.04.100 shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain through a cooperative competitive bidding procedure prepared by and processed through another public, local, state, or federal governmental agency. If it is determined to be in the best interest of the city, the purchasing officer is authorized to “piggy-back” onto or join into an existing written purchase contract, which contract was obtained within the last twelve (12) months through a competitive bidding process prepared by and awarded by another public, local, state or federal government agency.

SourceWell has a current contract with Altec that is valid through December 27, 2025.

However, City Council approval is required prior to and for the joining of a “piggy-back” purchase or cooperative purchase for a purchase greater than twenty-five thousand dollars ($25,000.00).

On September 16, 2021, SourceWell issued an RFP (Request For Proposal) # 110421 for Public Utility Equipment with Related Accessories and Supplies. On January 12, 2022, Altec Industries entered a contract with SourceWell to supply public utility equipment.

Based on the contract award with SourceWell, and in accordance with SHMC 3.04.150, staff recommends the purchase the Altec AT37G Outrigger F550 4x4 Forestry Flat deck from Altec Industries.

Agenda Item #9.9.

FISCAL IMPACT
The total purchase price is for an amount not-to-exceed $175,013.00 The funding for this purchase is available in the the amended Fiscal Year 2023-24 General Fund Budget, which includes the Mid-Year Budget increase of $160,000 approved by City Council on April 25, 2023. The balance of $15,013 is available in the current FY 2022/23 budget and and will split between the following Public Works Divisions: Streets, Parks, Buildings and Grounds, and Trees.

RECOMMENDED ACTION
Staff recommends the adoption of the attached Resolution.

ATTACHMENTS
AT37G Outrigger F550 4x4 Forestry Flatdeck Resolution 2023 City of St Helena (CA) - AT37G Outrigger F550 4x4 Forestry Flatdeck - SW - 1142482 - Updated 6-12-23
Altec Industries Contract RFP 110421-ALT Sourcewell
Altec Industries Contract 110421-ALT Sourcewell
Agenda Item #9.9.

CITY OF ST. HELENA
RESOLUTION NO. 2023-xx
Resolution of the City Council of the City of St. Helena Consideration and proposed approval of a resolution authorizing the purchase of one Altec AT37G Outrigger F550 4x4 Forestry Flatdeck the amount of $175,013.00 for the Public Works Department.

WHEREAS, On an annual basis City of St Helena Public
Works Department maintains ~ 60 acres of Parks and Open Space, 9 Government Buildings, 26 miles of City Street (including safety and advanced warning signage), and the Right of Way associated with all City Streets.

WHEREAS, All of this work frequently requires the use of boom trucks, lifts, and ladders. In the absence of a bucket truck staff utilizes ladders and/ or rental equipment.

WHEREAS, This work includes but is not limited to the
removal of trees, trimming of trees, removal and replacement of safety and advanced warning signage, maintenance and retro fit of existing City Street lighting, general maintenance to the exterior of Government Buildings, etc.

WHEREAS, The Public Works Department maintains all
City Parks and Open Spaces for fire safety and resiliency that includes canopy raising of established trees and removal of troubled, dead, or dying trees.

WHEREAS, This equipment will assist Parks, Streets, and Government Building staff during tree pruning and tree
maintenance operations, street sign replacement, and street light replacement and repair, exterior building maintenance, and will assist in emergency operations during storms and other
unscheduled events.

WHEREAS, This equipment will also assist staff in the
ongoing effort of minimizing or eliminating conditions that encourage pest problems, abate pests with a non-toxic approach, Agenda Item #9.9.

and conduct efficient abatement in leu of the use of pesticides.

This equipment will be key in the City’s ongoing effort to maintain a fire safe community by removing dead or dangerous trees and clearing vegetation from in and around City Parks, Open spaces, Government Buildings, and Critical Infrastructure.

WHEREAS, This purchase will alleviate the need for rental of bucket trucks and other boom lift types of equipment to ensure the safety of staff during maintenance operations by having the appropriate equipment on hand.

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

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

SECTION 2. The City Council approves the
purchase of the Altec AT37G Outrigger F550 4x4
Forestry Flat deck and authorizes the City Manager
to execute the purchase agreement.

Approved at a Regular Meeting of the St. Helena City
Council on June 27, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau:_____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
_______________ ________________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.9.

Quote Number: 1142482
Opportunity Number: 1673413
Sourcewell Contract #: 110421-ALT
Date: 6/1/2023

REFERENCE ALTEC MODEL
Sourcewell
Price
Articulating Telescopic Aerial Device (Insulated) $161,317 (A.)
1 AT37G-FFD Forestry Flat Deck Configuration - Includes Reverse Mount Pedestal, Front Bumper Winch, and Cab Guard $11,974
2 AT37G-HFO H Frame Outrigggers, Wooden Outrigger Pads, and Pad Holders $4,793 3 AT37G-AWD All Wheel Drive $6,739
4 (A1.)
1 2
3 4
5 6
7 8
SOURCEWELL OPTIONS TOTAL: $184,823
(B.)
1 UNIT $0
2 UNIT & HYDRAULIC ACC $0
3 BODY $1,861
4 BODY & CHASSIS ACC $0
5 ELECTRICAL $0
6 FINISHING $0
7 CHASSIS 2022 Ford F550 4x4 -$12,240
8 OTHER Altec MY Price Adjustment -$25,039
OPEN MARKET OPTIONS TOTAL: -$35,418
SUB-TOTAL FOR UNIT/BODY/CHASSIS: $149,405
Delivery to Customer: $10,038
FET:

CA Doc/Admin/Tire Fees: $535
Registration $1,835
Estimated Taxes (8.5%): $13,200
TOTAL FOR UNIT/BODY/CHASSIS: $175,013
(C.)
1 2
3 BUILD LOCATION: Creemoor
WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) TRADE-IN: Please ask your Altec Account Manager for more information CHASSIS: Per Altec Commercial Standard
DELIVERY: No later than 1-3 months ARO, FOB Customer Location TERMS: Net 30 days
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.

TO ORDER: To order, please contact the Altec Account Manager listed above. **Pricing valid for 45 days**
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified Quoted by: Abbott Gaddy
Altec Account Manager: William Hamburger
Phone: / Email: 919-251-1378 / [email protected]
PRICING: Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date. Quotes and orders with chassis model year beyond the current open order bank, should be considered estimates only. Altec's turn-key pricing is subject to change in accordance with chassis pricing received from the OEM. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM and that chassis price difference will be passed through to the customer.

Altec Industries, Inc.

SOURCEWELL OPTIONS ON CONTRACT (Unit)
SOURCEWELL OPTIONS ON CONTRACT (General)
OPEN MARKET ITEMS (Customer Requested)
ADDITIONAL ITEMS (items are not included in total above) AT37G
Quoted for: City of St Helena (CA)
Customer Contact:

Phone: / Email:

City of St Helena (CA) - AT37G Outrigger F550 4x4 Forestry Flatdeck - SW - 1142482 -Updated 6-1-23 Agenda Item #9.9.